If i where to create a script which would not allow downloads but would allow a user to stream music files, would that be considered as copyright infringement? Edit: files are from a remote host Regards.
I think you must have rights for streaming music like radio stations. If you don't have rights don't do that
Yeah, because you will using the bandwidth and resources of that remote hosts to entertain your visitors.
Absolutely. This is clear copyright infringement. You can't distribute music in that fashion without legal ramifications.
That is not the reason you need permission, nor will it usually be the people you need permission from. You need permission because music is copyrighted.
I'm not a lawyer, but i would guess the fair use laws would allow you to play a few seconds of the song. 10, 20 seconds? I dont know...you'll have to ask a IP lawyer.
Playing short clips of songs only falls under fair-use if the use is non-commercial and it is used for: 1) news reporting on the song 2) academic purposes 3) reviewing the song/artist 4) parody If it is for any other reason, then it is not fair-use. Use of ads can also invalidate fair-use. Even if use of music falls under fair-use, nothing prevents the copyright owner from suing and forcing you to prove it is fair-use (which can be expensive even if you win).
Google allows users to search for MP3 files... http://www.google.com/search?hl=en&...=intitle:"Index+of"+mp3+metallica&btnG=Search also the site projectplaylist streams and gives out the url to the direct mp3 file... they are up there on Alexa and everywhere on social networking sites... I think users of the site supply the list of urls for the direct mp3. Can anyone explain how this is legal?
Project Playlist is legal because none of the files are held on their servers. As long as the files are not on your server(s) you are fine. It is pretty immoral, though, if you care about that.
I am not sure where you are but here in Singapore even a store which plays the radio in a publicly access place like in their store area would be deemed illegal if they did not get a license for doing so. If in doubt, check with RIAA or whichever music licensing board in your country about it.
A store playing music in the US is supposed to obtain a license as well. For proof that whether you host the files or not makes no difference, see the Grokster case (they did not host files) or any of the numerous bit-torrent cases. As for the mp3 search capability of Google, that isn't really an mp3 search. That's more of a search tweak to look for mp3s.
I ran a hip-hop radio station... and the answer is yes, it is against the law. You need to purchase royalties from the following licensing companies: 1. ASCAP 2. BMI 3. SoundExchange 4. SESAC But think again, each one is going to run you between $500-$1000 OR MORE (and that is annually)!