Listing Music

What is the name of your state? California

Hi all,

I was wondering what the law says about listing music bands, their labels, and their albums on a website.
I plan to sell some music on the website, but some I won't sell but I'll still list music that I DON'T have for sale.

i.e. Did www.AllMusic.com get permission to list everyone of their artists?

Thanks!

douville said:

I was wondering what the law says about listing music bands, their labels, and their albums on a website.

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There is no restriction in your providing a list of bands, etc. on a website, as long as it is NOT done for commercial gain..... and no distribution of copywrited content.

as long as it is NOT done for commercial gain.....

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What does that have to do with it? Facts cannot be copyrighted. For example see Ticketmaster Corp., et al. v. Tickets.Com, Inc. Just be aware of possible trademark or publicity rights issues which vary by state.

J. Michael said:

What does that have to do with it? Just be aware of possible trademark or issues which vary by state.

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And that is exactly why I said what I did. The writer could run into legal problems if they display lyrics or photos, as they could create copyright problems if used COMMERCIALLY!!
What a twit!!

I won't be displaying any pictures or lyrics of the bands. Just their names, albums, the labels that released those albums, the songs on those albums, the year released.

The setup will be almost the same as at AllMusic.com. If you go to that site, you'll find some albums for sale (but you buy through Barnes & Noble, I don't know if they get a cut, or if they are owned by the same company), and some that are not for sale. They have very many obscure artists listed which leads me to believe that they did not ask for permission to list their music (the ones they don't have for sale).

Would me listing music that I don't have for sale (for informational purposes) be construed as attracting visitors to my site which a percentage of which might purchase different music from my site, and therefore that "listed only" music is making me money?

P.S.

There is no membership to see the "listed only" music, or even the music for sale. So you don't have to pay to see everything.

Facts cannot be copyrighted. However someone might object if you lift a listing (compilation of facts) directly off their website.

Publicity rights apply only to individuals, not groups. The press is generally exempt anyway.

Trademark law and the Lanham Act prevent you from deceiving people or causing any confusion that you are associated with them, or are trading under their service mark. However all "commercial" use of a trademark is not prohibited, e.g. product comparisons.

A list independently compiled should be fine. BUT THIS IS NOT ADVICE. Please check CA law for any other restrictions.