Old 16th March 2009, 11:15   #1
shlomi_n
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Commercial Use

I have a restaurant and on my computer playlist I am using winamp. Because my restaurant is commercial and I am using winamp in my business, do I have to pay or get written permission for the use of winamp in a commercial environment?

Or is it free like Windows Media Player?

And...what defines commercial use for Winamp? As it is free for individual use, what is the differnce for public use?

THANK YOU!!!!The best program in the world. GET BACK TO ME ASAP, please.

shlomi_n@hotmail.com
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Old 16th March 2009, 14:17   #2
homes32
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yes. you can.
http://forums.winamp.com/showthread....ight=legal+use

homes32
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Old 16th March 2009, 23:48   #3
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As homes32 said, no problem. 7 Bamboo uses Winamp for it's karaoke system. The system engineer is a well respected forum member (toqer).
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Old 11th January 2012, 21:45   #4
Tim Symes
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Commercial Use - Fitness clubs

I have a fitness club and want to mix 2 music sources using winAmp on my computer - This will then go through the Amp to the speakers - Do I still not need a licence? who can I speak to at the company to make sure?

the club is in Poland
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Old 12th January 2012, 01:22   #5
rayanbb
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Most software is licensed for "inidividuals" to use. I work as the IT support for a major corporation. In order to use software, we have to purchase a commercial license. This allows me to use one program (such as a repair utility) on a dozen different computers during the course of a day. With a "normal" license, you would not be permitted to do that. A commercial license allows you to use the software legally on multiple computers without it being considered piratcy.
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Old 12th January 2012, 15:17   #6
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pay or get written permission for the use of winamp in a commercial environment?
No, but you may have to pay license for the music you play. In a commercial environment you are allowed to play the radio or broadcast TV. Without buying a license, you are not allowed to play CD or DVD media. Since the public performance exemption only applies to broadcast stations, you can't play a winamp stream in public either.

You weren't listening to elevator music because someone loved it.

And yes... they do hire spies to look around for rights violators.
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Old 13th January 2012, 13:13   #7
Sabine Klare
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Hello everyone,
in Germany a broadcaster has to pay for the "GEMA" to broadcast music, and it doesn't matter, if Winamp or Virtual DJ is used for broadcasting. My friends of http://www.underground-aexpaerten.de (Flatcast, not SHOUTcast) have told me these rules. I myself never want to broadcast, I am a multi-artist, not a broadcaster.
If music from CDs or DVDs is played on live-events, money must be payed to the "GEMA", too.
"GEMA" is too complex to have the right overview about the rights and rules there.
I myself think, that Winamp itself can be used on live-events without problems, if I am not wrong with my knowledges. And Winamp is not only used on live-events to play music-files, Winamp is also used, if other software like Traktor Pro is running and Milkdrop 2 is used via "Stereo Mix" and "linein://" to bring the visuals onto large screens (You can see it in one of my YouTube-playlists):
http://www.youtube.com/playlist?list=PLA18E2FCDDC79166D
Maybe further people have further answers for this question (I hope it)...
Greetings from Sabine Klare Aka Sternenmaschinebine
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Old 14th January 2012, 17:24   #8
Batter Pudding
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Quote:
Originally Posted by rayanbb View Post
Most software is licensed for "inidividuals" to use. I work as the IT support for a major corporation. In order to use software, we have to purchase a commercial license. This allows me to use one program (such as a repair utility) on a dozen different computers during the course of a day. With a "normal" license, you would not be permitted to do that. A commercial license allows you to use the software legally on multiple computers without it being considered piratcy.
Read the FAQ or the Ts and Cs instead of guessing.

Winamp is free to use for any commercial situation. Pubs, bars, whatever. I had a friend who would do light shows in clubs using Winamp, a microphone, the visuals packs and a projector.

The "licence" for winamp is to allow MP3 Ripping. I think it also covers some of the newer video playback. It is nothing to do with broadcasting or commercial use.


The "GEMA" licence is a standard thing of many countries when music is being played. Same here in the UK. This system is so the artist who made the music can make some money from the "performance". OR, at least, that is the idea... the reality is a little different... but that is heading well away from the original question. No fee required to use Winamp in Commercial environments.


Actually, think of this in another way. If you bought a HiFi from Sony would you expect to have to pay Sony to use that hardware in a restaurant? Same thing here.
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Old 15th January 2012, 14:06   #9
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If you bought a HiFi from Sony would you expect to have to pay Sony to use that hardware in a restaurant?
If you buy a Toyota, you still have to buy gas.
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Old 15th January 2012, 14:16   #10
Batter Pudding
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Quote:
Originally Posted by rockouthippie View Post
If you buy a Toyota, you still have to buy gas.
Exactly. And it is the gas that is taxed each time you fill up, not the Toyota.

Just don't go putting gas into your HiFi in error. May get messy.
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Old 5th March 2012, 14:56   #11
cport80
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So just to check

Ok, assuming the users just wish to listen to podcasts etc and not broadcast anything, this thread seems to suggest that you would not need a license in a multi-user enterprise (e.g Nasa) to use the free version - just to play your own audio files.

Is this correct and if so, is it documented somewhere in a FAQ or T&C's? Apologies if there is something about this and I missed it.
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Old 5th March 2012, 18:37   #12
Batter Pudding
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Originally Posted by cport80 View Post
Ok, assuming the users just wish to listen to podcasts etc and not broadcast anything, this thread seems to suggest that you would not need a license in a multi-user enterprise (e.g Nasa) to use the free version - just to play your own audio files.

Is this correct and if so, is it documented somewhere in a FAQ or T&C's? Apologies if there is something about this and I missed it.
Correct. It is the same with iTunes, Windows Media Player, VLC and every other player.

What you WOULD need a licence for is for the "Public Performance" of those works. This will involve contacting the record industry as you would need the same licence as the radio stations use for a "public performance".

It is not the PLAYER that needs a licence to be used, but the choice of music you are playing to NASA's staff that would need to have the permission of the person who wrote the music. (This is usually done via some performing arts thing... I don't know US law, but there are other people on this forum who work on radio stations and the like)

If you are just listening to Podcasts - then you need to check the Ts and Cs of the individual podcasts about "public use". Just because the podcasts are "free to download" does not mean you can broadcast them to a group like NASA. For example: in the UK we have the BBC which has many downloadable podcasts, but reading the Ts and Cs these are for "personal use" only and "business use" is banned. So these would not be allowed to be played to NASA without some form of licence.


Winamp's only costs are for the licences that Winamp have to pay for. These are for encoding MP3 tracks and playing back some video formats.
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Old 6th March 2012, 10:12   #13
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Thanks Batter,

I actually checked the EULA during installation and found this:

"6. FEES. There is no license fee for the Basic Software. A license fee is required in order to receive a key to access the premium features of the Pro Software. Fee information is available at: http://www.winamp.com/download."

So it's good news for us and I will pass this information on to our licensing admin. That's also a very good point you make regarding T&C's of the podcasts but it will apply to every other player as well. At this stage I'm just investigating whether or not a small group of us can keep on using Winamp. Thanks for your help
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Old 6th March 2012, 10:19   #14
Batter Pudding
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Absolutely you can still keep using Winamp. No sane person would use anything else

As my older note above, if you buy a Sony CD Player for use in a Radio Station you don't need to pay Sony for using it in a public performance. It is only the tracks you play that need clearance. Which is exactly the same for every playback device.

Thinking about it... that same analogy could be taken out to a Stradivarius Violin used in a classical concert. No one pays the violin maker for using his instrument, but someone needed to pay the owner of the musical piece to perform their works.
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Old 6th March 2012, 13:47   #15
rockouthippie
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Winamp could have a license which prevents you from using it publicly without an additional license. Part of what you paid for your Sony CD player is licenses for intellectual property built into the machine.

Software can be restricted this way. Winamp isn't, but it's not safe to assume all software is.

Cars can also be licensed and not sold. Chevy's prototype EV1 electric car was not owned by the people who bought them. "Owners" were required to return the car when Chevy said so. So the car was licensed for the "owner" to drive, but Chevy still owned it.

This isn't quite the same thing as a lease either.
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Old 6th March 2012, 16:15   #16
Batter Pudding
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I cannot think of a single music or video player that has a commercial use licence. Not even Powerpoint needs extra licensing.

The cost of the Sony CD player covered all the internal parts to build it. This would be both the Chips and Bits as well as the licence fees they needed to pay for use of any intellectual property. Winamp asks for the money separately if you want to use licensed intellectual property like MP3 Creation or H.264 playback. Which is like your point you bring up with the Sony.

One area where software does have a strange licence is the country that it is used in. The paranoia of the US government means you can't use most software products in Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, etc. This does bring up the strange point of the Gulf War technically breaking software agreements for any of those militaries who used MS Windows. I am pretty sure that even Winamp has this restriction as it is fairly standard for any software product that wants to be sold in the USA. This also technically makes it illegal to use an iPod in Iraq.

As to the Chevy - I think that rolling off topic. That deal was more a case of "we will lend you a prototype, but you must give it back when we ask for it". There is a Ferrari which is similar. You pay hundreds of thousands to "own" it, but it lives at the Maranello factory and you have to ask Ferrari nicely to bring it to a track day for you. Okay, they supply a whole pit team with it, but they also take it home with them afterwards. It will never be parked on your drive even though you "own" it.

The beauty of contracts is anything can be written into it which the creator sees useful to them.
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