copyright question?

Question

can you add a song to myspace with you singing along to a karaoke track or is it ilegal?

Answer 1

it is ok for you to add that song. it is legal maybe.

Answer 2

You are talking about a fuzzy area of the copyright law called "fair use".

Fair use is doctrine that says some copyright violations are acceptable, depending on the circumstances and a number of factors. This is what allows parody, and reference to the works for book/film reviews, and some personal use.

If you are just copying the music and singing the words yourself, but not copying a specific performance by someone else -- and you are only doing it for non-commercial reasons - - then you might be able to argue fair use.

At worst, you would be liable for the royalty fees that anyone else would pay performing a copyrighted song. Not the normal statutory penalties for full copyright infringement for duplication.

Your safest bet would be to use an old song (> 100 years old) that would not be in copyright anymore. But that would probably not do what you want.

As legal advice, it's a gamble -- especially with the current flux in the way online music is being treated.

Answer 3

No, you are not talking about fair use, and no, this is not even arguably a fair use.

The only relevant question is whether the license you have to the karaoke track permits public performance. If it does, you're OK. If it doesn't, your posting would be making an illegal copy, and violating the copyright.