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I’m developing a small web application where user can search for music. I was exploring some HTML5 features and audio element was perfect to allow user to listen music on the web site.
I’m not offering a way to download mp3 file. But if you smart enough, from HTML source code you can find URL to the song and download it.
This is a school project, but I was curious if using of audio element in this case constitute copyright violation.
If its copyrighted material and your broadcasting / publishing it on your website without licensing agreements, or you don’t own the copyright then yes. Doesn’t really matter what technology you use to do it.
For progressive thinking on copyright have a look at Creative Commons, a licensing system which embellishes copyright with some additional freedoms, like not for profit use, and free use with attribution. You’ll be able to find some music licensed under Creative Commons that will fit your situation.
Side note, music on websites are normally a big usability no no. Just because its cool and you can do it, doesn’t mean you should. I close sites immediately that start blasting songs at me. Unless its functional I’d avoid it all together.