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

Requirements for Using Copyrighted Music on a Website in Oregon

If you want to use copyrighted music on your website in Oregon, you must comply with the following requirements:

  1. Authorization to do business in the state: A performing rights society must be authorized to do business in Oregon to collect royalties for performing copyrighted musical works or enter into a contract to collect royalties for performing a copyrighted musical work [ORRS 647.708].
  2. Contract requirements: Every contract for the payment of royalties between a proprietor and a performing rights society executed, issued, or renewed in Oregon must be in writing, signed by the parties, and include, at a minimum, the following information:
  3. The proprietor’s name and business address and the name and location of each place of business to which the contract applies
  4. The name of the performing rights society
  5. The duration of the contract
  6. The schedule of rates and terms of the royalties to be collected under the contract, including any sliding scale or schedule for any increase or decrease of the rates for the duration of the contract [ORRS 647.710].
  7. Information requirements: A performing rights society may not enter into, or offer to enter into, a contract for the payment of royalties by a proprietor unless the performing rights society agrees to provide to the proprietor upon request at the proprietor’s place of business, by electronic means or otherwise:
  8. Information as to whether specific copyrighted musical works are in the repertoire of the performing rights society
  9. The opportunity to review the most current available list of the performing rights society’s members or affiliates
  10. The schedule of rates and terms of the royalties to be collected under the contract, including any sliding scale or schedule for any increase or decrease of the rates for the duration of the contract [ORRS 647.705].

Therefore, to use copyrighted music on your website in Oregon, you must obtain authorization from a performing rights society authorized to do business in the state and enter into a contract that meets the requirements outlined above.

Jurisdiction

Oregon