Legal Question in Technology Law in New Hampshire

Charging for access to internet downloads

Our website has been ''capturing'' interviews with a particular musical artist from television and radio stations. We then make these interviews available for download off our site - no charge. (Please note: we have not and will never make full-length versions of music from this artist available.) This feature has become so popular it is blowing away our bandwidth allowance. If we develop a special password-protected area, could we charge users a small access fee for the sole purpose of offsetting the excessive bandwidth charges? No profit, just covering fees. Legal?


Asked on 10/12/03, 12:48 pm

1 Answer from Attorneys
Martin Jenkins Martin Jenkins PLLC

Re: Charging for access to internet downloads

Probably not legal. The problem is not with your profiting or not, but with your copying and replaying the content. It is not just music that is copyrighted, but also writing, performance and interviews. Presumably someone did the work to make the original interview and has an interest in making money from it; advertising if nothing else. That person holds the right to replay it, not you.

As a practical matter no one may bother you, but the answer to your question is "no".

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Answered on 10/13/03, 11:19 pm


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