 BetterPhoto Member |
Music rights on screen saver selling. I recently purchased some screen saver software that states you can sell royalty free screensavers. It is capable of containing audio such as MP3. What are the legalities of me adding music (such as Enya or Inxs) from my cd collection and selling the screensavers with that music embedded in it? Is there any copyright violation there?
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W. |
Well, if you're selling copyrighted material "(such as Enya or Inxs) from [your] cd collection" do you really think you're not violating copyrights...? Think again!
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Mark Feldstein |
I'll lay odds, Daniel that if you go to the MP3 or IPOD website, you're going to find terms and conditions for downloading and use of the music you download. Those agreements probably and expressly prohibit repackaging or using the music for commercial purposes, i.e., selling any of the music without either their written consent or the consent of the artist who holds the copyright. The phrase "royalty free screensaver" applies, I think, only to the screensaver itself that may be distributed as either shareware or freeware and does not, in any way, apply to the additional components of the screensaver which could have been added much later than the original version was manufactured. Kind of like buying a computer with software installed after the computer was manufacturered but before the buyer impliedly agreeed to the terms of the software usage before you even plug the thing in. Personally, I wouldn't do what you propose unless you get a written opinion letter, quite specific to your situation, from a lawyer who specializes in intellectual property.
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