Is it necessary to take a license for publishing and to prevent any copyrights issue in future? 5 Answers as of November 01, 2012

I want to create a website, which contains Hollywood movies, video songs and Mp3 songs. Can your team suggest from where this kind of license permitted? Thanks.

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Abts Law, LLC
Abts Law, LLC | Matthew Abts
I'd need some more facts to really answer this question, but with more facts comes legal advice, and for that you'd need to have a personal consultation. What you're attempting to do sounds very complex and expensive. If your idea is to stream entire Hollywood movies online, you must be very well capitalized. If you are talking about a "review site" where you only want to stream short clips, your idea may be more workable. Streaming, as in Internet radio, is also another topic that you should discuss with an attorney. Have a look at Sound-exchange to start understanding how Internet music streaming works.
Answer Applies to: Oregon
Replied: 11/1/2012
Richard M. Gee, a PC
Richard M. Gee, a PC | Richard M. Gee
You will have to get an individual license for each movie you put up, a license from the movie producer for each "video song" you use, a synchronization license from the music publisher of each song you want to use and both a performance license from the music publisher and a use license from the recording company that owns the master for each mp3. You may also need to get a digital license for each of these used depending on the format of your site. You definitely need a lawyer familiar with this type of licensing for this type of website on an ongoing basis.
Answer Applies to: Colorado
Replied: 10/27/2012
Roe Law Firm
Roe Law Firm | Theodore M. Roe
This is a very good question. Especially in commercial applications, it is necessary to obtain an appropriate license before using someone else's copyrighted material. This can be a complex process. Consequently, it is a good idea to retain a qualified intellectual property attorney. Ultimately, the license is obtained from whoever owns the copyright on the material being reproduced. For music this may be the recording company or the artist or both. For films it is likely the production company. Therefore, the first step is always determining who owns the copyright to the material which you want to reproduce. Unless the material falls into one of a few categories, i.e., fair use or public domain, you must obtain a license to reproduce it. The penalties for failure to obtain a license prior to your publication may subject you to the statutory penalties in the US copyright act. These can be up to $150,000 per violation.
Answer Applies to: Oregon
Replied: 10/26/2012
Law Offices of Neil Sussman
Law Offices of Neil Sussman | Neil Sussman
Yes, it is necessary to get a license and get permission to put of the items you have listed on your web site.? If you do not get a license and permission, then you are violating the law and committing copyright infringement.? The licenses and permissions would be obtained from the companies that own the movies and songs.
Answer Applies to: Washington
Replied: 10/25/2012
Lawyer for Indie Media
Lawyer for Indie Media | Sue Basko
Yes, to put such items onto your website, you must get each item licensed by the copyright owner to do so. You need to get your own lawyer to work on this with you. If you cannot afford your own lawyer, you also will not be able to afford the licensing for these things. Each item requires its own licensing. No copyright owner is required to allow you to post their materials on your page. They can tell you no and if they say yes, they can set any price they like.

A website that plays movies and music is also very expensive to build and run. Good video player and good music players are very expensive to build or to license for commercial use. I wish you well on your website, but you will need a lot of money to do it right.

Answer Applies to: Illinois
Replied: 10/25/2012
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