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

To use copyrighted music on your website in Colorado, you must obtain a license from a performing rights society such as ASCAP, BMI, or SESAC [1.4]. The contract for the payment of royalties must be in writing, signed by both parties, and include the proprietor’s name and business address, the name and address of the performing rights society, the duration of the contract, the schedule of rates and terms of royalties, and notice of the three-business-day rescission period [1.1]. The proprietor must receive a description of the rules and terms of royalties, a schedule of rates, and information on how to obtain a current list of the copyright owners represented by the society and the works licensed under the contract at least three business days before executing the contract [1.1].

Performing rights societies must publish a list online of all nondramatic musical works they license for performance in a retail establishment, updated within thirty business days after adding or subtracting a work, and made available without charge to any proprietor within Colorado and to the secretary of state on a website or using a substantially similar or superior technology for communicating the information, at no charge, to the public [1.2]. They must also annually file with the secretary of state an electronic copy of each form contract licensing the public performance of the nondramatic musical works in the society’s repertory to proprietors in the state of Colorado, together with the applicable schedule of royalty rates payable under each form contract, and make them available at no charge to any proprietor within Colorado via a link to the society’s website from the secretary of state’s website [1.3].

Violations of the requirements for contracts and disclosures may result in penalties, including an action brought by a proprietor in a court of competent jurisdiction to enjoin a violation of the article and recover any damages sustained as a result of such violation, reasonable attorney fees, and treble damages [1.7]. A performing rights society shall not enter into a contract that is subject to this article 13 without either publishing the disclosures required by part 2 or making the filings required by part 2 [1.9].

In summary, to use copyrighted music on your website in Colorado, you must obtain a license from a performing rights society, execute a contract for the payment of royalties that meets the requirements of the law, and comply with the disclosure and filing requirements of the performing rights society and the secretary of state.

Source(s):
Jurisdiction

Colorado