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Can I use copyrighted music on my website in Alaska? What are the requirements?
Based on the documents provided, there are specific requirements for using copyrighted music on a website in Alaska.
Requirements for using copyrighted music on a website in Alaska
According to AS 45.45.500 - Notice required before contract, a copyright owner or a performing rights society may not enter into, or offer to enter into, a contract for the payment of royalties by a business proprietor unless at the time of the offer, or within 72 hours before entering into the contract, the copyright owner or performing rights society provides to the business proprietor a notice containing the rates and terms of the royalties under the contract, including any sliding scale, discounts, or reductions in rates on any basis, for which the business proprietor may be eligible, and any scheduled increases or decreases in rates during the term of the contract. [3.3]
Additionally, a royalties contract entered into, issued, or renewed in Alaska must be in writing and signed by the parties. The contract must include at least the business proprietor’s name and business address, and the name and location of each place of business of the business proprietor to which the contract applies, duration of the contract, and terms for the collection of the royalties and a rate schedule for the royalties, including any sliding scale, discount, or schedule for an increase or decrease of the rates during the term of the contract. [3.2]
Furthermore, a copyright owner, a performing rights society, or an agent or employee of a copyright owner or performing rights society may not collect or attempt to collect a payment or another fee under a royalties contract between the copyright owner or performing rights society and a business proprietor unless the contract complies with AS 45.45.500 — 45.45.590. [3.4]
Conclusion
To use copyrighted music on a website in Alaska, the business proprietor must enter into a royalties contract with the copyright owner or performing rights society. The contract must comply with AS 45.45.500 — 45.45.590, which includes providing a notice containing the rates and terms of the royalties under the contract, including any sliding scale, discounts, or reductions in rates on any basis, for which the business proprietor may be eligible, and any scheduled increases or decreases in rates during the term of the contract. The contract must also be in writing and signed by the parties.
Source(s):
- [3.2] Minimum contents of royalties contracts.
- [3.3] Notice required before contract.
- [3.4] Collection of royalties.
Jurisdiction
Alaska