Streaming single out-of-copyright tunes

[neveronfriday]

Hi,

let's say I wanted to stream one single tune per week to users of my website. It would be a song from the 30's, 40's or early 50's. Would that be legal in Europe?

I have no idea where to find the answer to that on the Net so if anyone can point me to a legal discussion of this issue (in Europe, Germany or anywhere else), I would appreciate it. So far, my searches have yielded no viable results.

Thanks.

[P.S.: That people here might think that it is morally questionable because the artists's estate isn't getting any money, is an issue I'm quite aware of ... I'm looking for legal advice if it is allowed or not though]

[Daniel A]

Without having looked deeper into this, my instictive reaction is that it would be illegal if the stream is readily downloadble for a website visitor from the US. (except if the particular tune is in the public domain in the US too)

[Claude]

Yes, but that would mean that every website had to be compliant with every national law, and a company which owns a trademark XY in several countries could not put up a website because the trademark XY is registered to someone else in other countries.

The worldwide web in a world with differing national laws needs a practical solution to that problem. What courts normally do is that they check to whom a website is dedicated. For example, if a website is in german language, it's clear that it is not meant for the US public, and therefore it needs to respect german laws but not US laws.

A disclaimer may also help in that respect.

The location of the server of the website is not relevant, because that would mean that the website owner could avoid the laws by placing the server in the country with the most liberal rules.

[Daniel A]

You're right of course, Claude. But would just a disclaimer on an English-language website keep you out of trouble if the owner of the US rights is eager enough?

BTW, wouldn't you need permission from the composer of the tune as well (or his/her publisher)? That protection stretches 70 years beyond the death of the composer.

[neveronfriday]

Thanks for your input.

To complicate matters further,

a) the website in question is in English and

b) German courts have repeatedly (two major recent decisions have basically sunk the disclaimer fad on German websites) said that disclaimers of this sort are useless (they do NOT protect the website owner in any way - not from problems resulting from links and not from copyright infringement.

So, I'm at a loss at the moment, aside from asking a lawyer.

Any other info welcome.

Edit: I think I've read somewhere that I would need to get permission from the composer (which can be obtained from a German copyright agency). I'm still not sure how all of this is interrelated etc., that's why I'm looking for help, tips, links, etc.

Edited October 1, 2005 by neveronfriday

[Claude]

You both are right that disclaimers cannot be used to free oneself from respecting the law. But it may help to make cleaer that the website is meant for european users.

As far as composer´s rights go (the 50 year protection is for performers only), clearance must be asked at the local "collecting society". In Germany it is the GEMA:

http://www.gema.de/kunden/industrie/internet/websites.shtml

I don't know what clearance is necessary for a website which is meant for all european countries. This is a complicated issue, which is currently being discussed in the EU:

http://www.europa.eu.int/comm/internal_mar...nagement_en.htm

[neveronfriday]

Thanks a lot, Claude.

Those links helped!

[neveronfriday]

This is quite complicated, legally, especially if the website is in no way supposed to be restricted to any country/continent (legally, nobody gives a hoot if I say that Americans, (f. ex) "[...] should please refrain from listening to the music").

Fascinating reading via the 2nd link Claude supplied (and various other links I searched for after I knew what I was looking for).

Edited October 1, 2005 by neveronfriday

[couw]

the redhotjazz archive has plenty streaming audio. This is what they have on copyright (scroll down), which is admittedly not much.

[neveronfriday]

Interesting.

Thanks, John.

I'm sure I could get past the GEMA here ... for quite a while, but not forever.

I'll look into it when I have more time. Right now I don't want to see another convoluted sentence again for a while. Me get headaches.