Is MP3 songs site legal?

Discussion in 'Legal Issues' started by lordadel, Dec 3, 2008.

  1. #1
    Hello

    Am I allowed to make a MP3 songs site where people can only listen to songs and can NOT download them? Is this legal or Illegal?

    Thanks in advance :)
    Adel
     
    lordadel, Dec 3, 2008 IP
  2. syuxx

    syuxx Peon

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    #2
    I dont know whether it is legal or illegal.
    I also have mine: rockmytune dot com
    I think it maybe legal, but you should credit it to the artist by linking in to his/her website/myspace etc
     
    syuxx, Dec 4, 2008 IP
    lordadel likes this.
  3. lordadel

    lordadel Active Member

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    #3
    Thanks Syuxx for your reply.
    I hope someone will come with a clear answer is it legal or not.
    Thanks
    Adel
     
    lordadel, Dec 4, 2008 IP
  4. helaughs

    helaughs Peon

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    #4
    If you don't have legal rights to the content it is illegal for you to distribute it or use it on your site in the US. Think if you had written a program or script for profit and then some one else took it and gave it way for free without your permission, it really doesn't matter whether they give you credit for writing it or not they stole it from you.

    If you are in the US or are trying to be compliant with US laws you should look up "fair use doctrine". There are no hard and fast rules, but generally you may play/quote only enough of a song/movie/article in order to provide a critical review of the article along with siting the source. Simply citing the source and providing the entire song/movie/article is illegal and you could potentially go to jail for it (not likely but possible).

    If you are serious about this venture you should consult with an attorney ASAP.
     
    helaughs, Dec 5, 2008 IP
  5. syuxx

    syuxx Peon

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    #5
    but do using youtube is legal or illegal?
     
    syuxx, Dec 6, 2008 IP
  6. coloriteman

    coloriteman Peon

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    #6
    If its mp3 streaming is illegal , what about download sites?? I know many sites uploading mp3 files to their server .
     
    coloriteman, Dec 6, 2008 IP
  7. hostlonestar

    hostlonestar Peon

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    #7
    Just because you see another site doing something, it does not mean that it is legal. I don't know how many times that has been covered in this forum. I know a lot of sites that offer keycodes for programs, cracks, etc. Does that make them legal? No.
     
    hostlonestar, Dec 6, 2008 IP
  8. Jeff Morrison

    Jeff Morrison Banned

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    #8
    if the site have hosted the music in the server then its illegal. Indexing is not illegal because you are not storing it in your server.
     
    Jeff Morrison, Dec 6, 2008 IP
  9. helaughs

    helaughs Peon

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    #9
    Believe it or not youtube get's sued on a pretty regular basis.

    Once again if you do not have rights to what you are uploading the content is illegal in the US. The only way to run a site like you are talking about is to host it in a country that doesn't care about US copyright laws.

    Just take a look at the torrent sites, they have been dying and reborn every couple of months for years now because they have lost legal battles. They don't even host the illegal content and they get shut down by lawsuits.

    I can tell you from experience that the ESA and RIAA will shut down any US based server that they can find. While using torrents for PPI the planet shut down 5 servers that I had with them, even though none of the files were real and all of my PPI stuff is legal in the US, all because the RIAA and ESA complained.

    Basically if you want to host a site like you are talking about you need a warez friendly host.
     
    helaughs, Dec 6, 2008 IP
  10. pcxp@live.com

    pcxp@live.com Well-Known Member

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    #10
    I used to have a site where people could only listen to songs hostgator shut it down.
    the gived me all the backups and kicked me out of their hosting..
     
    pcxp@live.com, Dec 6, 2008 IP
  11. Aquarezz

    Aquarezz Notable Member

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    #11
    Like mentioned above, if the site stores the songs on the server it's illegal...
    If you play them via another site, but on your site it is legal ;)

    Greetz
     
    Aquarezz, Dec 6, 2008 IP
  12. pcxp@live.com

    pcxp@live.com Well-Known Member

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    #12
    Maybe that's why Hostgator shut my site down i had over 5,000 songs on their servers they gave me a warning I didn't really cared so 2 days later they gave the the sencond warning I didn't wanted to end my site so i kept ignoring their warnings finally 3 days after the second warning my site was down.
     
    pcxp@live.com, Dec 6, 2008 IP
  13. World_Peace

    World_Peace Well-Known Member

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    #13
    YouTube is a major site and all major artists have offical accounts on it. They publish their videos on youtube from their official accounts. If you see many people download those vids and then re-upload from their account.

    As this may look legal but in majority of the cases this is also illegal because the artist or the company which have rights over the video/content can only use it for its own use and no other person either has power/authority to use it.

    Youtube regularly delete videos which reported from their original owners.

    Consent of the original owner is must in all ways too use the content her has produced.

    this is what i think :)
     
    World_Peace, Dec 6, 2008 IP
  14. sync38

    sync38 Peon

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    #14
    Look right now there are so many websites provide mp3 download link, and most of people prefer download the mp3 than just streming the song. I myself don't know if the website legal or not. but providing them is another way to find traffic.
     
    sync38, Dec 6, 2008 IP
  15. Aquarezz

    Aquarezz Notable Member

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    #15
    It is legal.. as long as you don't upload illegal videos/mp3s...
    Watching this video for example:
    http://nl.youtube.com/watch?v=Xy_YpPvlHiw

    Is allowed, as it is provided by The offspring itself, not by 'a human person' which wants to be a pirate ;)

    Greetz
     
    Aquarezz, Dec 6, 2008 IP
  16. hostlonestar

    hostlonestar Peon

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    #16
    You left them no choice but to terminate you, you ignored 2 warnings of theirs, I would have terminated you also. If you plan on breaking the law you better find a host that is willing to put their financial security at risk and allows that kind of stuff, more than likely it will be a crappy country with crappy servers, so it would be a waste of time and money anyway. Why do all these people want to steal?

    To the OP, I advise against doing it, it will be MORE trouble than it is worth.
     
    hostlonestar, Dec 6, 2008 IP
  17. FriendlyBear

    FriendlyBear Active Member

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    #17
    You cannot OWN copywritten content. You can only review it (means listen to it). You must pay for songs and the money goes to the creators of course, if you wish to have songs in your hard-drive. That's why free mp3 sites are called 'warez'.
     
    FriendlyBear, Dec 6, 2008 IP
  18. hostlonestar

    hostlonestar Peon

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    #18
    It is accepted that you have backup copies on CD's you have burned/your computer hard drive, but those are for personal use.
     
    hostlonestar, Dec 6, 2008 IP
  19. CaseyPC

    CaseyPC Active Member

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    #19
    I thought it was illegal unless you had some sort of license similar to a radio station.
     
    CaseyPC, Dec 6, 2008 IP
  20. bread102

    bread102 Peon

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    #20
    If you allow uploading of it to be streamed, then you can say that you simply cannot control the files uploaded, and if there is something reported simply remove it. But the chances of getting reported for something when starting the site are very unlikely... But from what I hear, MP3 streaming sites are illegal.
     
    bread102, Dec 6, 2008 IP