08 Apr 2009, 23:41
Certainly an interesting topic, and I think it's a "greyzone" issue without clear definitions. I also think there is a huge difference in using commercial mp3 tracks on private sites, and for commercial sites.
Technically speaking, I don't think you are allowed to use mp3 tracks from a commercial artist, unless it is less than 6 seconds(or something). Then again, there are several artists I think(f.ex. Rà¶yksopp, Moby, Radiohead) who have free rights usage of their music.
My general opinion is that you should be careful if your gallery is commercial(for example professional products, company gallery etc). If the gallery is only for private photos(no commerce involved), I think the worst thing that can happen, is that you will be asked to take down the music ... And I think that will never happen anyway.
I think the people who "care" have much bigger problems with music being shared freely for download these days, than to care about a site that plays a track to complement a gallery.
Just my 10 cents, as I am certainly no expert!