Houston, TX asked in Copyright, Entertainment / Sports and Intellectual Property for Texas

Q: Making a motion-comic with real copyrighted music synced to it! Legal to tell readers to listen to specific song?

Is it legal to tell my readers to listen to specific songs at certain times in my motion-comic? For example, having a notice at the start of the comic telling readers that the comic is read best with certain songs to accompany it, and saying "Now Playing: *Song Name*" at the top of my page, and if you click the song name it takes you to a YouTube video or Spotify page with that song. Or maybe it could be embedded (again, from YouTube or Spotify) into the website for proper syncing

3 Lawyer Answers
Alan Harrison
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Answered

A: I would want to think more about this before giving an opinion you could rely upon. First thought is that this seems like it MIGHT be a viable way to escape the need for a "sync license" as you would not personally be synchronizing the music to the images. But there may be court cases that say otherwise, which is why attorneys like myself do NOT give off-the-cuff final opinions on questions like this.

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A: There is no infringement in using the names of the copyrighted works and/or links to sources for them.

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James L. Arrasmith
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A: It is possible to suggest specific songs for your readers to listen to while experiencing your motion comic, but there are some legal concerns to be aware of. Recommending a song and linking to it on a platform like YouTube or Spotify could be fine since you’re not hosting the music directly. You’re simply guiding your audience to platforms that have already secured the appropriate licenses for streaming the music.

However, embedding music into your website, even from platforms like YouTube or Spotify, could pose a risk. This might be seen as distributing the content on your own site, potentially opening you up to copyright issues if it’s interpreted that you’re controlling the playback without proper licenses.

To avoid legal issues, it's best to stay cautious and ensure that any music you suggest is accessed through official channels that already have the proper rights in place. It's always a good idea to double-check the terms of service for any music platform to ensure you’re not overstepping their guidelines.

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