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Misux
Experienced
Topic Author
Posts: 55
Joined: 25 Nov 2008, 17:30

MP3 in the gallery! Is this Legal?

04 Apr 2010, 15:05

Hello!

The whole world is talking about piracy, and publication of protected plants!

How is it with our music in the galleries?

When I as for example Rihanna, Britney, UB40, status quo ..... as an MP3 on it and the music had almost EVERYONE can hear ...

Is this Legal?

Thank you!
SORRY for my BAD english! I`m from Germany! But Imagevue is the BEST Gallery I`ve ever seen!!!!
 
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markam24
Experienced
Posts: 280
Joined: 10 Oct 2006, 23:05

04 Apr 2010, 23:50

Nope. Not unless you've obtained a streaming performance license from ASCAP, BMI, and SESAC. That's if they are available for those artists (possibly not).
 
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SofTones
Experienced
Posts: 146
Joined: 19 Dec 2009, 08:46

05 Apr 2010, 08:17

You can't actually WHISTLE a tune more than once without obtaining a "public performance" license... Ha haaaa, what bad English ???? yours is about as good as most I've heard that didn't actually come from ENGLAND. but call it ENGLISH !!!!
 
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mjau-mjau
X3 Wizard
Posts: 14452
Joined: 30 Sep 2006, 03:37

05 Apr 2010, 09:23

I am no expert in this area, but I have 3 comments:

# Technically, you are not allowed to use commercial mp3 tracks in your gallery without requiring the rights from the owner.

# There are many artists who provide FREE usage of their tracks, although I don't know if there is any overview of this. For instance, I heard that artists like Moby and Rà¶yksopp do not require permissions, although I don't have any empirical evidence of this.

# There is a big difference between a commercial project/website playing songs from an artist, and a private non-commercial website. In my opinion, artists would never pursue (or hold grudge) against non-commercial galleries playing their music.
 
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markam24
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Posts: 280
Joined: 10 Oct 2006, 23:05

05 Apr 2010, 14:00

In the case of the artists listed, however, it's not the artist that would pursue you. More likely someone on the record labels legal team. The question is, would they ever notice, or find it. Personally, I wouldn't want to risk it.
Last edited by markam24 on 11 Aug 2010, 14:25, edited 1 time in total.
 
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markam24
Experienced
Posts: 280
Joined: 10 Oct 2006, 23:05

05 Apr 2010, 14:06

You might consider googling "Royalty Free Music" to see if there is something you like there (alluding to Karl's second point).

It's true many artists might not make a big deal of a small site streaming MP3's. But I wouldn't want to open myself up to the possibility of getting in trouble over it.
 
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Cavey
Posts: 5
Joined: 03 May 2010, 11:41

20 May 2010, 13:58

Personally I couldn't give a Monkeys (forgive me, English phrase). I've put tracks up on my website....

I look at it this way... I have legally bought them, so I can put them on my website. Visitors can't download them, so my website isn't a P2P site (which have legally proven to be extremely hard to close down anyway!!!).

When Karl and Nick come up with a public side authentication solution, this won't be a problem for me, as only family and friends will have credentials to access my site. Hehe.

The chances of a record label taking you to court and successfully winning are slim. Even if they did, just say you will remove the MP3s... "Court Ajourned"...

*** Please note these are my opinions ONLY.. Not that of www.photo.gallery****
 
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markam24
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Posts: 280
Joined: 10 Oct 2006, 23:05

20 May 2010, 23:58

Cavey wrote:
I look at it this way... I have legally bought them, so I can put them on my website. Visitors can't download them, so my website isn't a P2P site (which have legally proven to be extremely hard to close down anyway!!!).
Don't confuse "Fair Use" (the right to make copies for your own personal use) with public streaming (a form of downloading). One is legal & one isn't.

Sure, it's possible you'd never get in any real trouble, but a DMCA infringement notice to your ISP could also get you taken offline.
 
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Cavey
Posts: 5
Joined: 03 May 2010, 11:41

21 May 2010, 15:10

If "public streaming" really is "a form of downloading" then I'm utterly surprised that YouTube hasn't been closed down years ago!!!

I watch music videos on youtube all the time, not published by the aritist or record label. So you can't class LISTENING to music on the internet as DOWNLOADING.

Downloading is taking a copy from one source and placing it in another location. That I do understand and dont agree with. Along with redistributing it.
 
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markam24
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Posts: 280
Joined: 10 Oct 2006, 23:05

21 May 2010, 16:57

YouTube has profit sharing deals in place with the major labels, who in return get a piece of the ad money generated from the site. YouTube total ad revenue is somewhere between 10 and 15 million dollars a month.
 
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markam24
Experienced
Posts: 280
Joined: 10 Oct 2006, 23:05

21 May 2010, 17:47

Technically, streaming is downloading in that the music is downloaded to your local cache.

But practically (and legally) streaming is closer to listening to the radio. & yes, radio stations also pay a fee to play music...just as streaming music sites are expected to.

This is not my opinion. It's just the way it works.

If you'd like to learn more, you might spend some time on the BMI or ASCAP sites. These are the organizations licensing major label content for radio (or "streaming radio" online). Look for "New Media Licensing".

Of coarse, actually joining and paying is overkill for IV users, I'm sure -;)

My point here is just to clarify (for anyone here who might care) what really is actually legal and what COULD potentially get someone into financial trouble.
 
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InoculateIT
Experienced
Posts: 85
Joined: 08 Jun 2010, 15:04

11 Jun 2010, 16:32

Make your own musik, like I did :D

Then you can stream all you want :lol: