Bloggers have tons of music player widgets that state the artist's name and song title. Are those legit? I've seen some photographers have music on their site and then have a little section where they say how it's by and where it's available for purchase. Does that make it ok? What about it you get written consent from the band?

It's all a little confusing. The song I want is from a band that isn't huge yet. (Like I could email them individually to talk) and I wanted to know what the stance is on that.

I'd try to contact the band. I used to do a music podcast and featured indie artists. I only had one band refuse me, and that was because their independent label was horribly misguided when it came to cooperating with podcasts. Most muscians love any kind of promotion. Definitely make it clear that you will give them credit on your site. They will probably be really flattered.

At the risk of sounding self-righteous... giving credit does not permission grant.

I just don't understand. I'm not making money off of them. I don't have to ask permission to play copyrighted music at a party or for guests at my house. If I'm not trying to sell it or profit from it, why all the rules and hostility from the industry?

When you have guests at your home, you are not promoting a business. When you put music on a blog or website, you are using the music to promote your business.

If you have a home based studio, you actually cannot legally play music for your customers without following certain rules and restrictions.

You want to use it on your blog, right?
Your blog is a form of advertising, right?
So you would be using their created art for the purpose of advancing your business, hence making money from it.
What if someone used your photographs on their site, but didn't pay you for that usage? They'll give you "credit", which won't buy squat at the grocery store. Is that OK with you?
If you have this music on your site, you are using it without permission. It's not yours to use. Now if you ask, and they say OK, then you're good. Chances are though, if they have a label yet, it's not even up to the band to grant usage. The usage rights belong to the label.

I'm a musican, I was in a band that released a CD and I'd have no problems with someone using our songs on their website. It's exposure. I don't understand why it's such a touchy issue. I'll just email them I guess. Thanks.That's just crazy. How many stores play CD's?

To be legal, stores are required to purchase a license to play that music or follow other music copyright laws, and many do. They can get their pants sued off if they have not followed the right procedures or laws.

An example: To be legal at our home studio, we can play broadcast music as long as the studio is less than 2000 sq. ft. Our house is less than 2000 square feet, so we are ok on that part. We can have the radio playing in the background if we want, but we cannot just play our random cds.

That's great that you feel that way. Labels however don't share the same POV. They pour lots of money into creating their own exposure and delivering via their preferred media channels.

Wow, after reading all the replies here, and seeing mine again, I don't think I made it clear that you should absolutely get permission. If the band isn't huge, they will most likely be happy to grant permission. It literally takes two minutes to email someone and see if it's okay, what's there to lose?

Copyright grants rights that most of us don't use. Have you ever tried to photograph live theater? Rehearsal, yes, but the performances almost never permit photography. The copyright holder often has authority over the presentation of the performance.

A video or photograph of the performance may allow for distracting elements in the room or may just remove the performance from the context the author of the play intended for it to be seen. It's a sort of purist approach.

So a musician is also granted the authority to control the presentation of their work. And as a photographer, I also want that right to control how my work is presented.

Movies and television programs also have copyright which forbid a certain number of viewers in one location. This copyright is often broken.

The NFL has harassed church Super Bowl parties on grounds that their TV was too big. OMG!

FMI, read the blog link below.

http://lsolum.typepad.com/copyfutures/2004...fl_is_noto.html

Very well said, Darren.

There's no doubt that musicians and photographers both benefit when they step up to support each other! If there's a solid promotional benefit being provided, it's always OK to ask for a promo use.

However, as we all know - every hardworking artist (photographer, musician, etc) enjoys being paid fairly for their work. If the music helps you to promote your business and underscore the emotion in your website or slideshow, it's certainly reasonable to pay for this.

Likewise - when I need images for my album, art projects, etc. I'm happy to pay to have a talented photographer capture images of the band or license great shots to use on the website, for album artwork backgrounds, etc.

When you combine great images and great music, the result can be truly incredible.

Joe Buissink was discussing using music to enhance marketing and said "The images inspire the imagination and the music touches their soul, makes them weep....and that's when they're ready to book their sessions..."

The combination of both photos and music inspires...I love that!


Cheers
Roy
www.TripleScoopMusic.com

People might book you because they visit your website, and the music gives your website that right "feel." The potential client decides to stay on your website longer because they like the music, and they are realizing they like your photos. Then, they decide to book you.
You are using it on your website, which is a form of advertising.

And, what if the band does not want to be associated with a certain type of work? (I haven't even looked at your site, so don't take it personally-- I'm just saying that it's possible they only want to be associated with certain things). Ooh... this is what I'm trying to say:


It sucks, I know:( Wish it were different. I would email the band, and do a business exchange... their song, and you'll take pics for them. I'm workin on my website, but I already have my music ready to go--local artist, and I'm going to do some shooting for her.

Yeah, The song I want is from a band that isn't big yet so I might try that. I decided I just didn't care enough for now. No music on my site.

Thanks though to everyone who helped me with advice.

Completely agree.

Also, may I just say, I hate when those players are at the bottom of the blog and I have to scroll down to turn it off. I am almost always listening to music while on my computer, so when I go to a site that has it playing, it's really, really unpleasant to hear them both playing at once. If you insist on assaulting my ears, at least give me a way to immediately turn it off!

(role reversal scenario)

I wonder if anyone here would mind it if I took one of their photos (without asking first) and placed them on my blog but I won't be making money from it. I just want it as a collage and perhaps I'll add your name to the credit.

Sorry...just playing Devil's Advocate

I smsed my friend, a music artist - for permission to use one of his songs as my website music today. He was flattered and happy for that, actually really pleased that I chose him I think. So find someone that doesn't have a label and just get permission.
I'm referencing him on my site and his name has a link to his myspace.

The difference in the scenarios for me is this - don't give us a scheme by which to get the rights to play a song and then *never* get back to us. I wrote several labels *TWO YEARS AGO* about permission to use a song I wanted. I wrote and called *EVERYONE* I could find and the only thing I got was a bunch of "yep, there's a process. Good luck getting through it, it's not going to happen."

If someone were to call me, email me, snail mail me and repeatedly ask permission to use my image and I didn't have the courtesy to reply to them and explain why they couldn't use it despite a clear and concise statement on my website as to how to purchase that use, I DO hope they use the stupid photo. It's my own fault for being ridiculous AND confusing.

Right now RIAA deserves what they get. They are just not *getting* it. They have lost their artists millions of dollars and all they can say is "but they're breaking the law!" RIAA has dropped the ball on this one - yes, it's illegal to use music without permission. No, 95% of people today do not care.

Were the labels and RIAA to get with 2008 or heck, start working on 2009 even, everyone would have a much better time trying to figure out this issue for themselves. Right now *even if you want to* pay to license a song "good luck." (Nope, I'm not bitter at having tried...but I don't feel bad that someone is going to use commercial music on their site either, having tried.)

Here are two websites where you can try and contact the artists for permission to use their music. I have done that successfully for a slide show or two. They may or may not say yes. The music may or may not appeal to you for use on your website.

http://freesolopiano.com/
http://freesologuitar.com/

Here is another place for music that is "royalty free" under creative common license. See his terms of use for specific wording when you give credit, etc.

http://incompetech.com/m/c/royalty-free/faq.html

Check site for terms of use - free music
http://ghostnotes.blogspot.com/

I have a lot of other websites bookmarked for royalty free music that is for purchase. Once you pay for the music, you are free to use it without further compensation to anyone.

There are numerous instrumental volumes to choose from this company. Don't pay their regular price for Stack Traxx. You can often get them from about $16-$25 instead of the $49.95 price.
http://www.digitaljuice.com/products/produ...umes.asp?pvid=8

Also there are a few freebies on the website for download if you sign up for their email newletters, offers, etc.
If you sort by audio, you'll find 2 pages of free, royalty-free music downloads.
http://www.digitaljuice.com/dj_downloads/

I know it isn't popular vocal music and some of it just isn't a good fit for what most people want. But you might find something you like that you can use.

Hope that helps.