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Can I use copyrighted music on my website in California? What are the requirements?

Based on the provided documents, the use of copyrighted music on a website in California is subject to certain requirements.

Requirements for the use of copyrighted music on a website in California

  1. A proprietor who wishes to use copyrighted music on their website must enter into a contract for the payment of royalties with the copyright owner or performing rights society [1.3].
  2. The contract must be in writing, signed by the parties, and include the proprietor’s name and business address, the name and location of each place of business to which the contract applies, the duration of the contract, and the schedule of rates and terms of the royalties to be collected under the contract [1.3].
  3. Prior to the execution of the contract, the copyright owner or performing rights society must provide the proprietor with a schedule of the rates and terms of royalties under the contract, and notice that the proprietor is entitled to the information contained in the schedule [1.5].
  4. A representative or agent of a performing rights society may not discuss a contract for payment of royalties or the use of copyrighted works with a proprietor or the proprietor’s employee without first identifying themselves, engage in any coercive conduct, act, or practice that is substantially disruptive of a proprietor’s business, or fail to comply with Section 21751, 21751.5, or 21752 [1.1].
  5. A performing rights society must make available electronically to proprietors the most current available list of the members and affiliates represented by the performing rights society and the most current available list of no less than the performed works that the society licenses [1.6].

Conclusion

In summary, the use of copyrighted music on a website in California requires a contract for the payment of royalties with the copyright owner or performing rights society. The contract must be in writing, signed by the parties, and include specific information. Prior to the execution of the contract, the proprietor must be provided with a schedule of the rates and terms of royalties under the contract. Additionally, a performing rights society must make available electronically to proprietors the most current available list of the members and affiliates represented by the performing rights society and the most current available list of no less than the performed works that the society licenses.

Source(s):
Jurisdiction

California