No downloads - Just streaming music. Is that illega?

Discussion in 'Legal Issues' started by nabz245, Jan 15, 2008.

  1. #1
    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.
     
    nabz245, Jan 15, 2008 IP
  2. BILZ

    BILZ Peon

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    #2
    I believe so, yes.
     
    BILZ, Jan 15, 2008 IP
  3. milossr

    milossr Peon

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    #3
    I think you must have rights for streaming music like radio stations. If you don't have rights don't do that :)
     
    milossr, Jan 15, 2008 IP
  4. rohan_shenoy

    rohan_shenoy Active Member

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    #4
    Yeah, because you will using the bandwidth and resources of that remote hosts to entertain your visitors.
     
    rohan_shenoy, Jan 15, 2008 IP
  5. RectangleMan

    RectangleMan Notable Member

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    #5
    Absolutely. This is clear copyright infringement. You can't distribute music in that fashion without legal ramifications.
     
    RectangleMan, Jan 15, 2008 IP
  6. bluegrass special

    bluegrass special Peon

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    #6
    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.
     
    bluegrass special, Jan 15, 2008 IP
  7. Arudis

    Arudis Guest

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    #7
    I'm not sure I think it is because your letting them hear it for free I guess
     
    Arudis, Jan 15, 2008 IP
  8. BILZ

    BILZ Peon

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    #8
    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.
     
    BILZ, Jan 16, 2008 IP
  9. bluegrass special

    bluegrass special Peon

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    #9
    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).
     
    bluegrass special, Jan 16, 2008 IP
  10. mostwanted

    mostwanted Peon

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    #10
    mostwanted, Jan 20, 2008 IP
  11. zacdavis

    zacdavis Well-Known Member

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    #11
    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.
     
    zacdavis, Jan 20, 2008 IP
  12. Remotay

    Remotay Well-Known Member

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    #12
    Nope. It's illegal whether the files are on your server or not. Fact.
     
    Remotay, Jan 20, 2008 IP
  13. zacdavis

    zacdavis Well-Known Member

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    #13
    Can you point me to the place that that "fact" is written down? Or at least some proof?
     
    zacdavis, Jan 20, 2008 IP
  14. eddy2099

    eddy2099 Peon

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    #14
    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.
     
    eddy2099, Jan 20, 2008 IP
  15. bluegrass special

    bluegrass special Peon

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    #15
    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.
     
    bluegrass special, Jan 21, 2008 IP
  16. BusinessMinded08

    BusinessMinded08 Peon

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    #16
    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)!
     
    BusinessMinded08, Jan 21, 2008 IP