Background music in live video

Cafe Society
1

I believe I am correct in thinking that it is illegal to stream music on a webpage unless the music is your own or you have permission from its owner to do so. From this I gather that websites (such as YouTube) don’t want people to upload copyrighted music and video for such a reason, although it happens all the time.

What about if you are on a live chat site, such as Stickam, and are playing music in the background. Even though the music is not the main purpose of the activity taking place, and it is used by the person as background, is it still illegal because the music is being “broadcast” without permission? Is it the same if there is a live feed going out and you can hear a radio in the background?

I wonder what the law is about this situation and whether it has ever been specifically addressed or prosecuted.

2

It has. Just ask ASCAP.

Essentially, if you stream live music, it’s the same as broadcasting it: you need to license it (the fee structure is different, though).

The “background” defense doesn’t wash: restaurants are required to pay ASCAP if they play a radio in the background, so web pages wouldn’t have permission.

The issue is whether it’s going to be worth anyone’s while to go after the infringement.