Is it legal to provide links to mp3's and allow users to download?

Discussion in 'Legal Issues' started by kipdlid, Jan 26, 2010.

  1. #1
    In order for the user to download the file(not hosted on my server) they have to complete a free survey. CPALEAD... I am merely showing the link if they complete a survey. Is it legal?:confused:
     
    kipdlid, Jan 26, 2010 IP
  2. fathom

    fathom Well-Known Member

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    #2
    The short answer - YES (probably, but it depends) [mis-stated --- IT IS ILLEGAL? YES was my intended answer YES it is illegal]

    IF you don't own the rights... IF you don't have permission from the rightful owner - you are, in general, orchestrating a fraud to benefit yourself.

    Your customers would actually be committing the legal act but you set it up that way.
     
    Last edited: Jan 26, 2010
    fathom, Jan 26, 2010 IP
  3. kipdlid

    kipdlid Member

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    #3
    Well the website is musicbuzz3k.com
    It is a search for mp3's so it doesnt nessessary have to be an illegal download. But the possiblility might that they can might be illegal... Any input would be appreciated by anyone

    -Thx for the reply
     
    kipdlid, Jan 26, 2010 IP
  4. fathom

    fathom Well-Known Member

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    #4
    You are best to avoid... or get permission from the copyright holder of each mp3.
     
    Last edited: Jan 26, 2010
    fathom, Jan 26, 2010 IP
  5. browntwn

    browntwn Illustrious Member

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    #5
    I would have to disagree with fathom's legal advice.

    Based on what you have posted here it is most probably not legal to provide links to music you do not own in exchange for someone doing some action that makes you money.
     
    browntwn, Jan 26, 2010 IP
  6. fathom

    fathom Well-Known Member

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    #6
    Well thanks for pointing that out! I thought the question was "is it illegal" which my amplification suggested that is what I meant.
     
    fathom, Jan 26, 2010 IP
  7. kipdlid

    kipdlid Member

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    #7
    I was thinking similar things which is why I ask this question. But i have seen websites that provide links to external mp3's before. Advertisements are on those sites but mine are just required to view the page. I still have doubts if it will be considered illegal. Is anyone a lawyer??? lol
    What about adding a disclaimer. Will it make it legal? Thanks again for the input!
     
    kipdlid, Jan 27, 2010 IP
  8. kipdlid

    kipdlid Member

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    #8
    wuzam.com -this site is very similar to mine
    they advertise
     
    kipdlid, Jan 27, 2010 IP
  9. fathom

    fathom Well-Known Member

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    #9
    So what you are really asking is "Can I get away with it"?

    Sure... but it can also cost you dearly.
     
    fathom, Jan 27, 2010 IP
  10. punkd

    punkd Active Member

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    #10
    kipdlid if you can make an agreement before giving out the link that the files are hosted for personal use and that if downloaded should be deleted within 24 hours of download. If you can make a agreement before they enter the downloads then its fine.
     
    punkd, Jan 27, 2010 IP
  11. kipdlid

    kipdlid Member

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    #11
    Where did you get this info... It doesnt sound very legal... Its kinda saying "you can steel this plasma tv but you have to return it in 24hours"

    What about a agreement that the user cant download copyrighted material
     
    kipdlid, Jan 27, 2010 IP
  12. punkd

    punkd Active Member

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    #12
    no its basically saying you cant download it but if you do and u don't get rid of it within 24 hours its their responsibility
     
    punkd, Jan 27, 2010 IP
  13. taminder

    taminder Peon

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    #13
    if you treat all content equally, then it's legal.

    if you choose select songs (even though linked elsewhere) it's illegal.

    by this I mean something like a search engine.

    illegal ways are like warez sites where they link specific mp3's on other sites.

    it's a grey area (closer to the black side) and if you don't have a good lawyer, I highly suggest you don't do anything like this. not only have a good lawyer, but consult him before making a site.
     
    taminder, Jan 27, 2010 IP
  14. kipdlid

    kipdlid Member

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    #14
    I added a terms of use to my site "musicbuzz3k.com"
    Thanks for your answers. I appreciate it greatly. Let me know if the terms of use is ideal. musicbuzz3k.com/termsofuse.html
     
    kipdlid, Jan 27, 2010 IP
  15. punkd

    punkd Active Member

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    #15
    Very nice but you might wanna make it so before they download they have to agree to ur terms.
     
    punkd, Jan 27, 2010 IP
  16. Rian

    Rian Well-Known Member

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    #16
    It depends on laws from country to country, but generally if you run a website providing links to copyright material for purposes of downloading you can be charged for offences such as Conspiring to Commit an Offence.
     
    Rian, Jan 30, 2010 IP