QUESTION

Is it necessary to take a license for publishing and to prevent any copyrights issue in future?

Asked on Oct 23rd, 2012 on Entertainment Law - Washington
More details to this question:
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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3 ANSWERS

Entrepreneurial Business Law Attorney serving Portland, OR at Abts Law LLC
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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.
Answered on Nov 01st, 2012 at 10:34 PM

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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.
Answered on Oct 26th, 2012 at 5:24 PM

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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.
Answered on Oct 25th, 2012 at 10:12 PM

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