What is the legality of sharing or selling a mix?

[Sween]

Specifically a mix that has someone else's copyrighted music in it...

If I make a mix available for free mp3 download on Soundcloud is that piracy?

What about selling some of my transitions to other DJ's? Like they used to do on yourremix? Assuming that's wayy illegal...

Not really looking to profit but just help some other guys out...

[Jason Cerna]

there's this thing called a cease and desist order.

if the owner of the music didn't give you permission to use it, even in a non-commercial fashion. you risk getting one, and put yourself out there for further legal action. worst case, if the music is owned by a corporate giant, you will have a lawsuit placed against you.

as far as indie artists go, it's still a gray area if you don't have permission. and really, if you don't own the rights to the music, it shouldn't be out there for consumption. but, again, all gray area stuff.

[DJMC]

good question -- great answer!




DJ MC is a Sacramento Wedding DJ (http://www.dj-mc.com) who specializes in non-cheesy reception and private events.

[DJMC]

good question -- great answer!




DJ MC is a Sacramento Wedding DJ (http://www.dj-mc.com) who specializes in non-cheesy reception and private events.

[Subprime]

Is it legal? Probably not
Should you worry about it? Probably not

Absolute worst case scenario, it gets removed from soundcloud.

[Nick Bike]

i sell mixtapes at shows, as do many others that I know. not much $, but it pays for the CDs and materials. maybe illegal, but w/e.

[Ocie]

claim the price of the mixtape is for the cover art, printing the cover art and like nick said, the cost of the CDs :shrug:

the music is free :tup:

[-J]

I'm pretty sure distributing mixes, free or not, is illegal... but most labels don't care enough to go after people.

If you start getting money, you should license the samples and stuff you use.

[Maikky]

I would think sharing it for free wouldn't be a problem .

Selling it on the otherhand .

[Unknown DJ]

I would think sharing it for free wouldn't be a problem .

Selling it on the otherhand .

Even giving it away for free is illegal.

[Dix]

I agree that it would be illegal. Any distribution of any licensed product (music) without permission would be illegal I would think.

I am assuming that you are taking a track of music that someone else recorded/licensed & using it in an mix that you create??

Hope this helps. Good Luck :)

[lovecitydjs]

I'm pretty sure distributing mixes, free or not, is illegal... but most labels don't care enough to go after people.

If you start getting money, you should license the samples and stuff you use.

you hit the nail right on the head.

[sephi]

It is illegal.

It is illegal regardless of whether you profit from it. It's a common misconception that giving things away for free gets people off the hook; it doesn't.

Exception: if you have the right to distribute and sell the constituent tracks - with the creators' permission, or because the tracks are under a permissive copyleft / Creative Commons type of license - then it's OK. It's when you use things for which you do not have the right or permission that you get into trouble.

That said, whether it's illegal and whether anyone is likely to come after you are two very different things.

--
I went to law school, and all I got was the opportunity to weigh in on threads on the Internet.

[Sigma]

SoundCloud automatically scans your files for copyright infringement once you've uploaded them. That's what that "transcoding" bullshit is all about. I've had a few mixes rejected because of it.

Personally I would never sell mix CDs. I've made mix CDs (actual CDs) several times and given them away for free. That's still illegal, but so is making a mix of other peoples' music and uploading it to the web as MP3s in many countries.

[Kingbob182]

Since he hasnt posted a rant here about copyright laws yet, Im going to assume DJDennis isn't back on DJF...

...yet


I imagine its illegal to upload anything that you havent been given written permission to upload on soundcloud or anywhere else. Nothing to back this up, just what I would assume.
Then again, when theyre going through the millions of hours of music posted on soundcloud, I assume I'll be dead by the time the get around to prosecuting me for My crappy eminem vs deadmau5 mash ups.
I set my mixes to non-downloadable to feel like its more 'legit' but it probably carries the same risks.

[Sigma]

I always make my mixes downloadable. If you can stream something, you can download or record it if you know how anyway.

The way I look at it is, more people are likely to hear a tune in one of my mixes and get turned on to that artist, compared to those who will download my mix and think "well, I was gonna buy this tune but as it's in this mix I'm not gonna bother now". Maybe that's a faulty assumption, but I ain't mixing well known tunes anyway so I don't think it is.

[Kingbob182]

I always make my mixes downloadable. If you can stream something, you can download or record it if you know how anyway.

The way I look at it is, more people are likely to hear a tune in one of my mixes and get turned on to that artist, compared to those who will download my mix and think "well, I was gonna buy this tune but as it's in this mix I'm not gonna bother now". Maybe that's a faulty assumption, but I ain't mixing well known tunes anyway so I don't think it is.

Yeah, I guess its pretty easy to rip stuff from youtube or soundcloud or anywhere really. But i figured it would be soundcloud's fault rather than mine haha.
And the promotion thing is why I dont expect the label's to care that much. But the people who post original tracks in full and make them downloadable could find themselves in trouble soo

[Sigma]

But the people who post original tracks in full and make them downloadable could find themselves in trouble soo
Oh yeah, that's a different matter for sure.

I don't really care what labels think. I've put mixes out for years, starting with tapes and now MP3s on the web. It's not like I'm some big name that'll get their attention and if they ask me to I'll take a mix down no problem, but if I can I'll always make my mixes available to stream and download for free.

[DeadPhr0g]

Nothing is illegal until someone wants to actually put forth the effort and resources to go "after" you. Don't get caught. :shrug:

[BuddyUK]

SoundCloud automatically scans your files for copyright infringement once you've uploaded them. That's what that "transcoding" bullshit is all about. I've had a few mixes rejected because of it.


Been caught out by that before, usually my shit is to obscure for that, but i did a sort of housey mix with Disco Volante in it and they nixxed it the major label swine.

So when I did an all Si Begg mix on my soundcloud I messaged him on Soundcloud and asked his permission, which he kindly agreed to :tup:

[Marc S]

Nothing is illegal until someone wants to actually put forth the effort and resources to go "after" you. Don't get caught. :shrug:

glad to see some of the more mentally handicapped members made their way back onto the forum. what a ridiculous post :rolleyes:

[Rothgery]

Nothing is illegal until someone wants to actually put forth the effort and resources to go "after" you. Don't get caught. :shrug:

That's the dumbest thing posted on djf 2.0 - congrats.

[DeadPhr0g]

glad to see some of the more mentally handicapped members made their way back onto the forum. what a ridiculous post :rolleyes:

Oh! hello there, Marc.

[DeadPhr0g]

That's the dumbest thing posted on djf 2.0 - congrats.

Thanks, dude. Not sure if trolling. Someone needs an infraction.

[Adzm00]

^^ Is that the little shi*t with the retarded hair and fake girlfriend?

[Manu]

Yeah, Roth is definitely going to give himself an infraction :lol:

[DeadPhr0g]

^^ Is that the little shi*t with the retarded hair and fake girlfriend?

Wrong guy. You're looking for GERTY.