Infringement Notice from ifpi.org

Today I received the following Infringement Notice from ifpi.org


Re:

http://www.mydomain.com/oye-lucky-lucky-oye-html

Dear Sir/Madam,



I am contacting you on behalf of the International Federation of the Phonographic Industry (IFPI) and the record companies it represents. The IFPI is a trade association that represents over 1,400 major and independent record companies in the US and internationally who create, manufacture and distribute sound recordings (the "IFPI Represented Companies").



Under penalty of perjury, we submit that we are authorized to act on behalf of the IFPI Represented Companies in matters involving the infringement of their sound recordings, including enforcing their copyrights and common law rights on the Internet.



We have learned that your service is hosting the above web pages on your network. These web pages are offering direct links to files for other users to download containing sound recordings by VARIOUS ARTISTS . The copyright in these sound recordings is owned or exclusively controlled by certain IFPI Represented Companies.



We have a good faith belief that the above-described activity is not authorized by the copyright owner, its agent, or the law. We assert that the information in this notification is accurate, based upon the data available to us.



We are asking for your immediate assistance in stopping this unauthorized activity. Specifically, we request that you remove the infringing links from your system or that you disable access to the infringing links, and that you inform the site operator(s) of the illegality of his or her conduct.



Our top priority is to prevent the continued availability of the IFPI Represented Companies' content on the internet. Unauthorized copies of sound recordings that are freely available, especially pre-release recordings, cause substantial damage to the IFPI Represented Companies every hour and day they remain available. In sending this notice we are seeking to ensure that infringing content is removed from the internet as quickly as possible through your cooperation. However, please note that we do not admit that we or the IFPI Represented Companies are responsible for detecting infringing material and notifying you of it.



Our use of a notice in this form, as required by you, is meant to facilitate your removal of the infringing material listed above and we neither admit nor accept that you are a 'service provider' for the purposes of the DMCA or that it is necessary to serve, or that you are entitled to be served, a notice in compliance with the DMCA. IFPI itself and on behalf of the IFPI Represented Companies expressly reserves all rights in this regard.



In addition, this notice does not constitute a waiver of any right to recover damages incurred by virtue of any unauthorised activities described in this notice, and such rights as well as claims for other relief are hereby expressly reserved.



You may contact me at IFPI Secretariat, 10 Piccadilly, London W1J 0DD, United Kingdom or email , to discuss this notice.



We await your response.



Yours faithfully









Jeremy Banks

Director, Internet Anti-Piracy

IFPI

10 Piccadilly

London

W1J 0DD

United Kingdom

Email:

XXEditedXXsongs.com is my domain but I don’t host any mp3 songs in my server. Iam just giving xml playlist to the flash player.
For ex.
For http://www.mydomain.com/oye-lucky-lucky-oye-html
Iam using mp3s hosted on http://downloadming.com/oye-lucky-lucky-oye-2008-mp3-songs

I don’t know downloadming is having copyright for these files or not, but they are offering these files to download for free

My site is not giving direct link to download these files, visitors can only listen these songs.

What should I do now?

Regards,
Komal

 

you can reply them the issue

 

You have to remove them - playing the songs is the same as offering it for download. Either way it gets downloaded on to the users computer for them to listen. So you're SOL.

 

But popular Indian websites like in.com and raaga.com are offering songs to listen for free
Here is the same songs offered by them
http://www.in.com/music/track/oye-lucky-lucky-oye-songs/oye-lucky-174033.html
http://www.raaga.com/channels/hindi/movie/H002892.html

 

in.com have rights man - they are legal

 

Can anybody explain the following points in Indian Copyright law:

Fair dealing

A fair dealing with a literary, dramatic, musical or artistic work (not being a computer programme) for the purposes of

1.for the purpose of research or private study,
2.for criticism or review,
3.for reporting current events,
4.in connection with judicial proceeding,
5.performance by an amateur club or society if the performance is given to a non-paying audience, and .
6.the making of sound recordings of literary, dramatic or musical works under certain conditions.

I think points 2,3,5 maybe in my favor.

Source -- http://en.wikipedia.org/wiki/Copyright_law_of_India

 

1. Edit your own domain out of this thread. That is a huge mistake to post in while in the midst of this issue.

2. It would not appear that that have any legitimate fair use rights, in spite of your efforts to frame it that way. The idea behind that is when groups use materials for legitimate learning in school.

Having been able to see your domain name I can see that you have the copyrighted music surrounded by paid advertisements and you are profiting. This is a textbook case of infringement.

 

"Fair use" basically translates to "whatever a judge decides". And, in most cases, a fair use claim is rejected. (I say most cases, since probably 99% of such claims are bogus - they amount to "I'm violating copyright, but I think that by claiming 'fair use', I can get away with it".) Posting links for others to use to listen to copyrighted content is never fair use.

 

I know the OP asked about Indian law, but in US law there are set rules and established case law about what constitutes fair use. It is not just something a judge gets to decide and can ignore the established rules.

Posting links to copyrighted music most certainly could fall within fair use - the notion is can never be fair use is just incorrect and has no basis in the law.

 

These sites have obtained necessary licenses to stream music.

 

Why This Kolaveri Di Song Free Download

 

Take it down mate, before they take you down.

 

Take them down and pray they do not contact you again. If they do, consult a lawyer before any response. Do not correspond in any way without legal advice.

 

Streaming videos from youtube, Is it legal?

I found on Raaga.com and on
Telugu Songs Free

 

Music copyright is divided between numerous agencies for different parts of copyright - there are broadcast rights, streaming rights, download rights, public playing rights, etc.
If you are offering streaming of songs from your site without permission then you will be breaching copyright - not the same copyright as the site hosting the file for download, but copyright nonetheless.

The IFPI have asked you nicely to remove the track - do so.

Some of the videos on Youtube are legal, and some are not. The majority of official music videos on Youtube are on the Vevo platform and are 100% legal - and Google has algorithms to try to stop unlicensed music and video being uploaded. If you have't uploaded the video to Youtube, then there is little trouble you getting into trouble in embedding the video as Google will remove the video if they find it to be infringing. If you know the video is infringing, then that is different of course.