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

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

Requirements for Contract

According to IC 32-37-3-2, a contract executed, issued, or renewed in Indiana between a performing rights society and a proprietor must be in writing, signed by the parties, and must include the name and business address of the proprietor, the name and address of the performing rights society, 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.

Performing Rights Society

IC 32-37-2-3 defines a performing rights society as an association or corporation that licenses the public performance of nondramatic musical works on behalf of copyright owners. The American Society of Composers, Authors, and Publishers (ASCAP), Broadcast Music, Inc. (BMI), and SESAC, Inc. are included in this definition.

Prohibited Conduct; Exceptions

IC 24-5-25-4 prohibits a person, other than a media source that carries advertising or a press release for the performance or production, from advertising or conducting a live musical performance or production in Indiana through actions that falsely, deceptively, or misleadingly imply the existence of an affiliation, a connection, or an association between a performing group and a recording group. However, there are exceptions to this prohibition, such as if the performing group is the authorized registrant and owner of a federal service mark for the recording group with the same name registered in the United States Patent and Trademark Office, or if the performance or production is expressly authorized by the recording group.

License Sanctions

According to 313 INAC 6-3-1, the corporation may file a complaint or seek emergency relief to revoke or suspend the license of a person who violates a term of the license, this article, or another law.

Based on the above information, it is recommended that you obtain a license from a performing rights society, such as ASCAP, BMI, or SESAC, to use copyrighted music on your website in Indiana. The license should include the schedule of rates and terms of the royalties to be collected under the contract. Failure to obtain a license may result in license sanctions.

Jurisdiction

Indiana

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