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

Based on the context documents provided, it is important to note that the Music Licensing and Copyright Enforcement Act of 1996 prohibits performing rights societies or their agents from engaging in any coercive conduct, act, or practice that is substantially disruptive to a proprietor’s business ^[1.1]. Additionally, every contract for the payment of royalties between a proprietor and a performing rights society executed, issued, or renewed in the state on or after July 1, 1996, shall be in writing and signed by the parties ^[1.3].

Regarding the use of copyrighted music on a website in Idaho, it is important to note that the Music Licensing and Copyright Enforcement Act of 1996 applies to the public performance of nondramatic musical works or similar copyrighted works in places of business or professional offices located in the state in which the public may assemble ^[1.4]. Therefore, if you plan to use copyrighted music on your website, you may need to obtain a license from a performing rights society such as the American Society of Composers, Authors and Publishers (ASCAP), Broadcast Music, Inc. (BMI), or SESAC, Inc. ^[1.4].

To obtain a license, you would need to enter into a contract with the performing rights society that includes, at a minimum, the proprietor’s name and business address, the name of the performing rights society, the duration of the contract, and the schedule of rates and terms of the royalties to be collected under the contract ^[1.3]. It is important to note that performing rights societies are allowed to conduct investigations to determine the existence of music use by a proprietor or inform a proprietor of their obligation under the copyright laws of the United States pursuant to title 17 of the United States Code, P.L. 94-553 (17 U.S.C. sec. 101 et seq.) ^[1.1].

In summary, if you plan to use copyrighted music on your website in Idaho, you may need to obtain a license from a performing rights society and enter into a contract that includes specific information ^[1.3][1.4].

Source(s):

• [1.1] PROHIBITED CONDUCT.
• [1.3] ROYALTY CONTRACT REQUIREMENTS.
• [1.4] DEFINITIONS.

Jurisdiction

Idaho

• Privacy