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

Using Copyrighted Music on a Website in Virginia

To use copyrighted music on your website in Virginia, you must obtain the necessary license or permission from the performing rights society that owns the rights to the music and comply with their regulations [2.4].

According to Virginia Code, every contract for the payment of royalties between a proprietor and a performing rights society executed, issued, or renewed in the Commonwealth on or after July 1, 1995, shall be in writing, signed by the parties, and include, at a minimum, the following information: the proprietor’s name and business address and the name and location of each place of business to which the contract applies, 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, including any sliding scale or schedule for any increase or decrease of such rates for the duration of the contract [2.2].

Performing rights societies must file for public inspection, within the previous twelve months, with the State Corporation Commission a certified copy of each form of performing rights contract or license agreement providing for the payment of royalties made available from such performing rights society to any Virginia proprietor [2.4].

Additionally, the performing rights society must make available, upon request, to any proprietor, by electronic means or otherwise, information as to whether specific copyrighted musical works are in its repertory [2.4].

It is important to note that there are exceptions to the regulations set forth by the Virginia Code, such as contracts between copyright owners or performing rights societies and broadcasters licensed by the Federal Communications Commission [2.5].

Performing rights societies are prohibited from engaging in any coercive conduct, act, or practice that is substantially disruptive of a proprietor’s business, using or attempting to use any unfair or deceptive act or practice in negotiating with a proprietor, or failing to comply with or fulfill the obligations imposed by §§ 59.1-461 and 59.1-462 [2.1]. Violations of these regulations may result in a civil penalty of not less than $5,000 nor more than $15,000 per violation [3.1].

If you have any further questions or concerns regarding the use of copyrighted music on your website in Virginia, it is recommended that you consult with a legal professional.

Source(s):
Jurisdiction

Virginia