my music is on mininova

Discussion in 'Legal Issues' started by newbie01, Jul 23, 2008.

  1. #1
    yoo watsup people, i come here from time to time to get some tips from you pros and try to use them for my music site (well i try) LOL thought i'd officially sign up!

    i am a musician and i have a huge fan base on myspace and sold well on itunes indie charts. recently someone has put my music on mininova.com, for those who dont know what it is it's a torrent site.

    I did a whois search and i found the host email and emailed and told them my album is on there please remove it and they replied with:


    -----------------------
    Hello,

    We are aware that MiniNova is one of our clients.

    However, we have not found anything under Dutch, European or International law prohibiting the exploitation of so called torrent sites.


    Greetings,

    Eric Veraart
    XS Networks BV

    Keienbergweg 95
    NL-1011GE Amsterdam

    ===============================

    So basically they are saying in a nice way to me sorry i cant help you? I mean i see so many albums and software like microsoft is on there is it impossible for me to somehow get them to remove it?

    at the moment it's 654 seeds and 730 leechers?
    wat on earth does that mean?


    this is all new to me as i do my own marketing so yeah. its just annoying when you do a google search for my album name the torent link for my album comes up as the 5th link!! instead of my amazon link or my .com which is at the bottom.

    :(
     
    newbie01, Jul 23, 2008 IP
  2. Realist

    Realist Well-Known Member

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    #2
    Is your material copyrighted?

    654 seeds and 730 leechers means there are 654 users who are allowing 730 users download your material from the 654 users PC's.

    Seeds - Are the people who are allowing people to download the material from there PC's.
    Leechers - Are the users who are connected to the seeds PC's and downloading.

    Regards
     
    Realist, Jul 23, 2008 IP
  3. skypeace

    skypeace Well-Known Member

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    #3
    I think,
    Unless its copyrighted you cannot do anything......

    Consult a lawyer if you wish
     
    skypeace, Jul 23, 2008 IP
  4. newbie01

    newbie01 Peon

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    #4
    yes the label im with/ I own full copyright of the cd music.

    has a barcode etc
     
    newbie01, Jul 23, 2008 IP
  5. Realist

    Realist Well-Known Member

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    #5
    Then send a copyright infringement notice to the torrent site and there host requesting the removal of the copyrighted music or legal action will be taken, but that costs money.

    And if they do remove it from Mininova, there is nothing stopping the seeder/s re-uploading the files again via another torrent site.

    Perhapse some sort of legal letter to Mininova requesting the IP addresses of the seeders/leechers and sending an infringment notice to there ISP's. The ISP's will then request them to remove the files or remove there internet access.

    Again, could seek a court order from the ISP's releasing the addresses of the illegal file holders and sending them a legal letter, again now your talking spending lots and lots of money.

    Regards
     
    Realist, Jul 23, 2008 IP
  6. rapidhunter

    rapidhunter Banned

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    #6
    Or you can let it pass (will get more buyers next time) if it happens again THAN do this, but i'd do it anyways but not sue all i.p's :)
     
    rapidhunter, Jul 23, 2008 IP
  7. georgezzz

    georgezzz Guest

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    #7
    If MiniNova treats copyright notices anything like ThePirateBay, then you'd be wasting your time to do anything about it.
     
    georgezzz, Jul 23, 2008 IP
  8. JoseArmando

    JoseArmando Active Member

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    #8
    I'm sorry to hear that but honestly, you can't do anything to prevent it.

    There was research done that said there is 1 legally bought song for every 25 illegally downloaded ones.

    All you can do is to find positives in it (free promotion, more people might come to your concerts etc).
     
    JoseArmando, Jul 23, 2008 IP
  9. Divisive Cottonwood

    Divisive Cottonwood Peon

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    #9
    That's well impressive figures! You've obviously got quite a following. What's the name of the band?

    As for legal action - there's jack shit you can do really... if major multinational companies can't stop bittorrents then there's little you'll be able to do...
     
    Divisive Cottonwood, Jul 23, 2008 IP
  10. DanFlo

    DanFlo Peon

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    #10
    You can go to thepiratebay and look how many emails they get and what are they're replay's regarding them.
     
    DanFlo, Jul 23, 2008 IP
  11. muncle

    muncle Guest

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    #11
    Look at the positive side - at least you got a reply. When i complained after I had my copyrighted work stolen and "share by someone who claimed it was his own" I got no response whatsoever :(
     
    muncle, Jul 23, 2008 IP
  12. Nigel Lew

    Nigel Lew Notable Member

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    #12
    I have a fairly different take on this subject. My marketing firm is actually going to provide this sort of distribution service starting next week. I have a range of bands lined up and am ripping cd's for them as we speak. These are all pretty darn good bands, but no one has heard of them. In a month or two, they will be pretty darn good bands, that millions of people have had the opportunity to listen to. None of it is your typical billboard top 100 crap either.

    My motivation to provide said service is based on articles like this http://www.femalefirst.co.uk/entertainment/Lyle+Lovett-53870.html As a pretty huge lyle lovett fan, it really chaps my ass to read that.

    My assertions are also based on the tactics employed by the RIAA, etc. which are far more illegal than some groupie sharing your music.

    That said, you should embrace the fact the you have a following of some sort and go with the flow. Rather than flip out and potentially alienate your fan base like others have such as Prince, Indiana Gregg(meh), The Village People(lol).

    Another model of thinking is that mininova gets an insane(literally) amount of traffic. You simply can't buy that sort of exposure. My advice to you would be to throw up a website and offer digital downloads via p2p yourself, or submit samples of the music yourself with the ability for folks to swing by your site and support you via a small price to download say a flac files of your work and or vbr mp3's for mobile devices.

    For instance, submit an application to mininova to add your music at the top of their page so more people see it. Offer a few tracks with links back to your site. If you can drive a million people to your site via p2p channels you can simply charge say 1 dollar to download the entire album or simply make a donation to download it. As far as I can tell, you will make considerably more money, and its all yours.

    In a nutshell, more people downloading=more fans=equals more revenue=more gigs=more exposure and its really that simple. For me, as a former guitar player, it was all about being heard, the money comes next.

    Use this exposure to create more exposure, sell some t-shirts, cd's etc.
    I am certain you will find this a bit vague and I would be happy to explain it to whoever via pm or email. I am not however going to let the cat out of the bag regarding my business model for all to see :)

    If I was you, I would head over to demonoid.com and post some of your music yourself, you will note it will appear on the top of their website for a while. Again, you simply can't top that sort of exposure when talking about an indie artist. Those sites get 100's of thousands of unique visits daily. It's free advertising. If your music is good, people will be more than happy to make some sort of contribution to your cause. So, if a million people hear it throughout the course a few days, and 10,000 people visit your site and donate a dollar to get the entire album drm free, you will be on to something ;)

    The entire business model employed by the recording industry is completely flawed, outmoded and serves only to make the rich, richer. So is optical media for that matter. I don't think I should be forced to purchase another disk because the first one got scratched. Nor do I subscribe to the notion that I should have to buy individual tracks off itunes so I can play the same music I have already purchased on a separate device other than my home stereo.


    To loosely sum things up, its much like me taking a cd to my neighbors and saying "dude check this out" and letting him copy it.....but on a much larger scale. If you want fans, people have to be able to access your media. If you employ this sort of strategy, you will not only increase your fan base exponentially, you will also be provided with invaluable demographic information. For instance, if you take note that 20,000 people downloaded your work in say California, you know where you need to start touring. It's frankly that simple.
    hope that helps,
    Nigel
     
    Nigel Lew, Jul 23, 2008 IP
  13. Divisive Cottonwood

    Divisive Cottonwood Peon

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    #13
    Agreed. The people at the top tier of the music industry lived like aristocrats for decades - very decadent, drug fueled, fast cars lifestyles...

    It's no wonder that they are screaming like hell now this is threatened.

    The net has brought a business and cultural revolution. The old practices won't work anymore.

    To be honest, if I released a CD and it was bittorrented with the number of people who have or are grabbing your work I would be over the moon!

    But if you want to make money out of your music then you need to think out of the box
     
    Divisive Cottonwood, Jul 23, 2008 IP
  14. killertm

    killertm Well-Known Member

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    #14
    Heh, MiniNova wont give a crap about any of your notices..,.they arent breaking any dutch laws
     
    killertm, Jul 23, 2008 IP
  15. Cameron [NetXHosting]

    Cameron [NetXHosting] Peon

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    #15
    I think you'll have a very hard time getting it taken down. If you do, it'll be after $1,000's of lawyer/legal fees
     
    Cameron [NetXHosting], Jul 24, 2008 IP
  16. Host Website

    Host Website Well-Known Member

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    #16
    yes will be very hard to get it off, but your song/album is going good!
     
    Host Website, Jul 24, 2008 IP
  17. Skribblez

    Skribblez Notable Member

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    #17
    Just think of it this way: You're not completely screwed.
     
    Skribblez, Jul 24, 2008 IP
  18. streetjammer123

    streetjammer123 Banned

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    #18
    You can file a case for copyright infringement
     
    streetjammer123, Jul 24, 2008 IP
  19. ramijames

    ramijames Member

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    #19
    Look at it as free advertisement. I can't count the number of times I've downloaded a disc and loved it and bought real copies in the end.
     
    ramijames, Jul 24, 2008 IP
  20. Bondizzo

    Bondizzo Well-Known Member

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    #20
    yeah I also run a music site for our group, I want to get our stuff on torrent sites as we have an album and dvd made, I want to reach as many ppl as possible, so the best way is to sign up on demoniod ?
     
    Bondizzo, Jul 24, 2008 IP