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

Using Copyrighted Music on a Website in Michigan

To use copyrighted music on your website in Michigan, you may need to obtain a license from a performing rights society. According to MICL 445.2103 ^[1.2], a performing rights society doing business in Michigan shall maintain an electronic computer database of its repertoire. The performing rights society shall make available, in electronic form, a current list of at least the names of its authors and publishers of all its copyrighted musical works and the titles of the copyrighted musical works in its repertoire. The performing rights society shall update the list at least monthly. Upon request, any person may review the list of copyrighted works and a list of members and affiliates.

Additionally, according to MICL 445.2104 ^[1.2], a performing rights society shall not enter into, or offer to enter into, a contract for the payment of royalties by a proprietor unless, at the time of the offer or any time thereafter but at least 72 hours before the execution of the contract, it provides all of the following to the proprietor in writing:

• A schedule of the rates and terms of royalties under the contract including, but not limited to, any sliding scale, discounts, or reductions in fees on any basis for which the proprietor may be eligible and any schedule increases or decreases in fees during the term of the contract.
• Notice that the performing rights society shall, upon request of a proprietor and before entering into a contract with that proprietor, provide a schedule of the rates and terms of royalties under contracts executed by the performing rights society and proprietors of comparable businesses in the state within the past 12 months.
• Notice of the provisions required under section 3 including the electronic address and toll-free telephone number.
• Notice of the fact that there are exemptions that may exclude that proprietor from liability under the copyright laws.
• Upon request of the proprietor, the opportunity to review in electronic form the most current available list of the members or affiliates represented by the performing rights society.
• Notice that the proprietor is entitled to the information required under this act and that failure of the performing rights society to provide that information is a violation of this act.

According to MICL 445.2106 ^[1.2], a performing rights society or any agent, employee, representative, or other person acting on behalf of the performing rights society shall not collect or attempt to collect a royalty payment or any other fee except as provided in a contract executed pursuant to and in compliance with this act.

Therefore, to use copyrighted music on your website in Michigan, you may need to obtain a license from a performing rights society and comply with the requirements of MICL 445.2103, MICL 445.2104, and MICL 445.2106.

Please note that this response is based on the provided context and may not be applicable to all situations. It is recommended that you consult with a legal professional for specific advice regarding your situation.

Source(s):

• [1.2] Definitions.

Jurisdiction

Michigan

• Privacy