Page 2 of 7 FirstFirst 1234 ... LastLast
Results 11 to 20 of 61

Thread: Copyright Information Thread - Know the Laws

  1. #11
    New Member
    Join Date
    Feb 2012
    Location
    Bay Area
    Posts
    24
    Wow, that's a lot of legalese.
    For those of you that haven't seen it yet, check out "RIP: A remix manifesto". An interesting documentary discussing copyright infringement featuring Girltalk (but don't torrent it or watch it on youtube, buy the dvd)

  2. #12
    Deez Beats! KLH's Avatar
    Join Date
    Feb 2012
    Location
    In your head
    Posts
    7,013
    This is incredible. Well done, AlanHadgis. Bravo.

    Rep - when I refill, of course...

    -KLH

  3. #13
    Member Andrew B's Avatar
    Join Date
    Jan 2012
    Location
    Las Vegas
    Posts
    3,059
    Stuck. Really well done.

  4. #14
    Quote Originally Posted by AlanHadgis View Post
    PART II - Specifics regarding sound, music, performances, and ownership
    http://www.copyright.gov/title17/92chap11.pdf

    Can I record a live performance, transmit it in any way, and distribute it for free or charge of someone/group without permission?
    -Not legally if it isn't you performing

    As long as I don't make money off copyrighted work I use without permission, ie youTube, SoundCloud, MixCloud, etc., I can't get in trouble right?
    -Absolutely false. You can, and people have been, sued and lost for using copyrighted material in their own works even if they are not for sale.
    Not to open a can or anything but.....the main reasons I (and a few other cats that read through and participate in music forums & message boards) don't post mixes is because of these items. Since we know we can play out for private events, uploading mixes doesn't seem to fall into that category (as it becomes public). Having record companies attempt to shaft us out of a lot of money for posting mixes would suck wind especially after spending some serious duckies buying the music in the first place. Which leads to a question to those in the know: has this ever been an issue for this forum (or any forum/board that you're aware of) with the 'Mix Submissions' thread? Though most (if not all) mixes are posted on mixcloud, soundcloud, etc., would they also try to go after boards for having the links to those sites?
    Quote Originally Posted by FireyFate View Post
    Does C-Hawk stand for C#nt-Hawk? I only ask because I've never seen spiked hair in that region before.... and it would be amusing ...
    Quote Originally Posted by JackStalk View Post
    He lives in England, not the UK! They're only banned in the UK, LOL!

  5. #15
    Glad you asked, because that's a really relevant issue for many DJ's and people posting mixes. I've tried looking for specific cases involving Soundcloud, etc but have failed to come up with any results, which could be a good thing. But from what I've researched, as long as you aren't selling mixes on these sites you should be ok.

    'Technically speaking', you are not supposed to distribute copies of songs in any way without permission of the person/object holding the copyright license; distribution including soundcloud and mixcloud. But, really this isn't usually an issue because a couple reasons that I'll guess:

    1. Not worth it: If people aren't selling the mixes or using them for financial gain, it's not worth all the money for a lawsuit from the copyright holder's end. Plus the vast majority of people uploading on those sites don't have any money to take anyhow.
    2. Free press: This one might be debatable since pop music doesn't really need promotion from random dj's soundclouds, but who knows

    That's what I've gathered thus far. Technically, yeah you're not supposed to. But I wouldn't worry about it. That being said, there would be a couple steps you could follow to make sure you don't get in trouble or at least only get a warning/smack on the wrist if anything at all-

    1. Make it clear you are not making financial gain from it
    2. I've seen some requirements by licensers that they allow people to use their music in youtube videos/etc (not commercially of course) but they request a link to their website and a link to where you can buy the track, as well as the id and artist for the song used. So that might be a bit lengthy for a mix of 20 tracks, so maybe just a tracklist and a description (BMI, EMI, etc) of who holds copyright could be useful.

    Really you don't have to worry. I think it's more likely that the hosting platforms will go through legal action before dj's uploading their mixes will have to worry, so you will get heads up beforehand. As far as the lawsuits, really those are more instances of dj's selling these mixes without any permission, or youtube people that are making advertising revenue and tons of money off their homemade videos that include licensed songs in them.

    All in all, I wouldn't worry. At least for soundcloud and mixcloud, I'm pretty sure they will put out notices of legal requirements if anything happens/changes If anyone wants to add anything on feel free too

  6. #16
    Junior Member
    Join Date
    Feb 2012
    Location
    London
    Posts
    77
    Quote Originally Posted by AlanHadgis View Post
    What is 'fair use'? (Sampling, remixing)
    http://www.copyright.gov/fls/fl102.html
    -Basically fair use says you can use material that is not yours, but the ways in which are 'acceptable' have been determined through many many court cases, and nothing is set in stone.
    -Even if you technically abide by what seems to be fair use by common practice, you can STILL get sued AND lose because each case is unique, and a judge in a courtroom is the only person that will decide whether or not it is protected under fair use.
    To be clear: There is NO set definition on what fair use is. I repeat: no law says the amount of notes, seconds of a song, portions of a mix, etc that is too much to infringe on an author's work. That being said, the whole '30 second' thing when sampling, or 'not used in a majority of a song' is not law. These cases were decided each uniquely, and based off of precedent and laws at the time. So if you get sued for infringement (or you sue someone for infringement), all the facts will be compared to suits that are similar and the ruling will be along the same lines, along with damages and such.
    -The criteria which fair use is determined in court is

    -There is a bunch more which I won't bother putting here, but you can check it out here along with all copyright issues --> http://www.copyright.gov/title17/
    -So be careful about sampling, because if you get sued….
    Whoa whoa whoa. You missed out a huge bit of s107.

    Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.
    The use has to be 'transformative' as well, a term ambiguous in itself, but largely falls into the camps of criticism/commentary and parody. 2 Live Crew didn't get away with sampling Pretty Woman simply on the facts; it was because the Supreme Court held that parody falls under the remit of fair use. Bridgeport Music v Dimension Films essentially stated that you need a license if you want to sample a track. It didn't entirely discount sampling being ok under fair use but it went a fair way. Long story short, sampling/remixing are unlikely to fall under fair use.

  7. #17
    Ah, right you are. Yep when I wake up tomorrow I'll go back and change it. Thanks!

  8. #18
    Junior Member
    Join Date
    Feb 2012
    Location
    London
    Posts
    77
    Quote Originally Posted by AlanHadgis View Post
    Ah, right you are. Yep when I wake up tomorrow I'll go back and change it. Thanks!
    No worries. Well done for getting off your butt and actually doing this. I had planned on doing something on UK and US a while back but I'm far too lazy. Lol.

    Will have a read of some of the other stuff later when I get some time.

  9. #19
    I noticed in Detroit area, a lot of wedding DJ's like to backstab each other and snitch on other DJ's when they know they're not using licensed music. Really sad.
    Check out my Official Website at www.priyonjoni.com
    Voted 2014 Best DJ in Des Moines, Iowa in CityView Magazine's Best of Des Moines

  10. #20
    Member fueledbymusic's Avatar
    Join Date
    Feb 2012
    Location
    Inland Empire CA
    Posts
    1,545
    I keep hearing about youtube converter thing. I was reserching this. And it seems like half the people say that its illegal to capture songs using it. And others say its not illegal, cause of the "betamax" case or something like that. Where your allowed to record off youtube, and use the recording for personal use (since you can hear a song free on youtube) Like the days of the 80's when we used to record off the radio onto a cassette, so we can play it back as many times as we want. So since the law dont say anything about PLAYING a song on youtube, what about playing that youtube song in private party?

    So all in all, what does the law say about people who records off of youtube onto the sound capture program on a computer or even a regular cassette (since obviously your allowd to hear the song for free)

    Dont the RIAA fear that someone can easily record off the youtube song for their personal or private party use???

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
a