is it illegal to link to mp3 files that are hosted on megaupload, rapidshare ect??? just wondering as my website does this for drum and bass tunes.. site is currently hosted offshore at the minute
If the mp3s or other files are copywriten and you are not the owner/creator, yes it's illegal. By linking to these files you are facilitating and enabling the download of protected property.
Yes you may have problems but: "Note that the DMCA has a procedure where a linking website can be immune from liability where (1) it did not know that the linked to website had infringing content and (2) where the linking website promptly removes the link to the linked to website upon proper notification pursuant to the DMCA." So normally if they warn you and you remove the link, you're ok
ah.. thanks for clearing that up then guys... ill add a link for the dmca removal thing, then im protecting myself i suppose.
And where in the law is that illegal? There are no laws about linking in the USA. Content created by third parties on a website are not the direct responsibility of the website owner. Owners are ISPs from the laws perspective. If you think enabling is illegal then you have to say the internet service providers are committing crimes to. Heck..why not go to the electric company as well. What is illegal is hosting the files knowingly and also creating the content yourself.
Yes this is illegal if it is a copyrighted material. If it's not you can get away with it. Make sure that it is a Open License or Open Creative License.
Uh, sorry bud, website owners are the ones who create the content, see the OP's original statement on top. What are you trying to say here? the website owner is an Internet Service Provider? I think not. Not really, but by linking to 3rd party sites where illegal material is available could get you booted from your ISP; if your ISP knowingly allows you to either host illegal files or link to them and does nothing about it, they could potentially be liable as well. Hosting illegal files is illegal, yes, of course. But also knowingly linking to sites or pages that offer illegal downloads/files is illegal. As a website owner you are the one and only person responsible for a) the entire content of your site and b) the destination where your outbound links point to. If you as a website owner are allowing "third parties" to provide content for your site, or host content on your site, it is up to you to moderate and eliminate illegal content. Plain and simple.
He's saying in the LAWS perspective. It's the same thing with running a web hosting business. If you know the link is infringing copyright, and the original copyright owner sues you, and proves that you know, then you are in trouble. But, there is the test. Is it worth it to sue you? He could possibly get your domain though without taking you to court. When you go through a few civil suits about this type of stuff you can then talk about it. The thing is, linking is still a gray area in US Law and the government hasn't yet started censoring us too much. Until there is more CASE LAW established behind it, one can not say for certain where you will end up. The current laws at hand make it quite a gray area and it is a hit or miss thing.
As long as you are not hosting on your site, you should be safe. Even then, if your are hosting the files on your web hosting space in your name with credit card details and all, there are some companies that are specialized for hosting this type of stuff. But remember that they would give the name and address if called upon to do so by law enforcement.
You should be all set, especially with something like drum and bass, when it's not hosted on your servers. No one will care. I doubt anyone will even bother to take it off rapid share. If no one complains then it'll stay hosted there... don't worry, be happy.
Are they remixes? Are they US artists? I mean... electronic music is a lot different... the radio industry in the USA doesn't pay royalties to UK artists for example and vice versa. DJs who remix songs don't pay royalties to the artists... If you've got like a dutch DJ who remixes some UK artists song into DnB and sells it on vinyl and CD chances are no one is going to give a flying if you link to it on rapid share.
Hmmm, im wondering the same thing. Some ppl have said that its not, and some ppl have said that it is illegal. Now, what is the final answer to this question?