Can we create a holiday playlist and distribute it to our clients without any rights infringement? Do you have to know which songs first or is there a general rule that applies?
2 Answers from Attorneys
This is a bad idea. If it was a personal list sent to friends and family, I would say that any infringement would be considered de minimus and thus not actionable, but placing it in the commercial realm, that is, a business downloading and file sharing copyrighted music to business clients will certainly open you to a cause of action in the event the CR holders caught on.
At a minimum you should consult a lawyer in private before jumping in. If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed
I have the same opinion as Mr. Natoli, however, you may be able to obtain the rights to all the songs you want to use by licensing them through either SESAC, ASCAP, or BMI. You may also find songs you're looking for that are in the public domain at www.pdinfo.com.
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