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06-27-2002, 10:15 AM
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#1
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Pikachu (Level 99)
Join Date: Jun 2002
Location: Berkeley, California, USA
Posts: 1,263
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MP3 Legal Problem
Hi, I am not sure if mp3 is legal or illegal to be on my web site
I really want to upload some mp3 to my web site
I have the original CD
Also I am not in for commercial purpose.
So I think I should be allowed to upload mp3 to my web site, but I am not sure if it's a right thing to do, so please help me. thank you
PS. I've seem many web site let people download mp3, are they legal or illegal?
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06-27-2002, 10:21 AM
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#2
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1.21 Gigawatts
Join Date: Nov 1999
Location: Hill Valley
Posts: 4,804
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If the material is copyrighted, then it is illegal, if it is free to distribute, then is it not. More than likely you're talking about a commercial CD which is copyrighted, so it is not legal to distribute to others for any purpose. Your "fair usage rights" allow you to copy it for the purpose of making a mix for yourself or a "backup copy".
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06-27-2002, 01:41 PM
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#3
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Super Deity (Level 18)
Join Date: Sep 2000
Posts: 10,217
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Jason is right on the technical merits.....
but I say to heck with it..... upload them and tell all your friends where to get them! If you get caught claim ignorance, mental retardation, you were drunk, your step-mother forced you to upload them, your dog did it, aliens from outer space implanted something in your nasal cavity and you are under their control......
I can think of a million more excuses!
PS....I will delete this post in 30 days, hey, I never said I was the leader of the pack 
disclaimer:
this post is for entertainment purposes only
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06-27-2002, 01:53 PM
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#4
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Pikachu (Level 99)
Join Date: Jun 2002
Location: Berkeley, California, USA
Posts: 1,263
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So according to Jason, those web sites who let people download mp3 which is copyrighted...
But kevin said that there are many excuses...
So that's why many web sites which is illegal, still survive...
thank you 2
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06-27-2002, 07:19 PM
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#5
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SuperHero (Level 14)
Join Date: Sep 2001
Location: Australia
Posts: 259
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I believe you CAN legally download copyrighted MP3 files in these cases:
* The MP3 is no longer than 30 seconds in length (kind of like a demo).
* You may download full-length copyrighted MP3 files for "demo purposes" BUT they must be deleted within 24 hours of downloading them.
Ofcourse, no-one listens to these laws. But when i used to own a mp3 download site, i had to put those two points in my disclaimers (so i didnt get sued ala Napster style).
Looking for a great place for MP3s? I suggest http://www.winMX.com (try it before it's closed down too).
hope this helped... |
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06-29-2002, 12:35 PM
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#6
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Adept (Level 5)
Join Date: Jun 2002
Posts: 46
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We know that MP3s have lower sizes as well as good quality. This means that they can easily be downloaded from the internet. Here’s where the real controversy arrives. The plot is that basically you are saving money downloading songs on the net, instead of buying the artist’s CD. At the same time, the publisher and the artist lose out on revenues.
To make matters worse, it violates the Copyright Act of 1976. This Act proclaims that it is illegal to represent any copyrighted work in any form, without prior permission. Therefore, the people providing MP3s are taking to an illegal activity. By downloading there MP3s you are virtually party to it.
However, it is very much legal if you download the song, hear it once or twice, then delete it within 24 hours from the time of download, and then buy a CD of the artist if you like the song.
If you possess a CD, you can rip it and store the audio files as MP3s on your computer for quick access. But making it available to the public is considered illegal.
If the copyright holder gives you permission to download a song, be it so. It’s very much legal this way. But such artists tend to be less known.
If you are NOT making money by making MP3s available, I don't think it will be much of a problem. Especially, if you want to do it personally.On the other hand; BEWARE!!!
Hope that's all the info you need
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06-29-2002, 03:24 PM
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#7
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Super Deity (Level 18)
Join Date: Sep 2000
Posts: 10,217
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Quote:
Originally posted by subhadipsen
We know that MP3s have lower sizes as well as good quality. This means that they can easily be downloaded from the internet. Here’s where the real controversy arrives. The plot is that basically you are saving money downloading songs on the net, instead of buying the artist’s CD. At the same time, the publisher and the artist lose out on revenues.
To make matters worse, it violates the Copyright Act of 1976. This Act proclaims that it is illegal to represent any copyrighted work in any form, without prior permission. Therefore, the people providing MP3s are taking to an illegal activity. By downloading there MP3s you are virtually party to it.
However, it is very much legal if you download the song, hear it once or twice, then delete it within 24 hours from the time of download, and then buy a CD of the artist if you like the song.
If you possess a CD, you can rip it and store the audio files as MP3s on your computer for quick access. But making it available to the public is considered illegal.
If the copyright holder gives you permission to download a song, be it so. It’s very much legal this way. But such artists tend to be less known.
If you are NOT making money by making MP3s available, I don't think it will be much of a problem. Especially, if you want to do it personally.On the other hand; BEWARE!!!
Hope that's all the info you need
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groan.... another wannabe lawyer....
Anyone that purchases CDs, even though it is totally voluntary, is being ripped-off! There is no reason, none, zip, zero, nada, that music should cost so much. You are told many reasons why it should, but none of them are true, you are being lied to, just like the tabacco companies lied about their products, the music industries lies about its product, although tabacco being a health issue is obviously of much greater importance. You wish to support an industry that totally rips-off its customers that is your biz.... me, I say rip them back. The artisits will be caught in the middle, but they need to join in the revolution not continue to support the status quo. Some do and some have, those are the artisit you should support. But that would take effort on the part of the consumer, something few of them are willing to do. They just want to newest song/video by Britney, what the hell do they care!
Blah, nuff said on this subject.
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06-29-2002, 04:50 PM
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#8
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Lord (Level 16)
Join Date: Jun 2002
Location: Texas
Posts: 703
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not sure how to advise you... but, i'll offer what i can.
check this site out.. let us know what ya find out..
The website offers background material and explanations of the law for people whose websites deal with topics such as Fan Fiction, Copyright, Domain Names and Trademarks, Anonymous Speech, and Defamation.
http://chillingeffects.org/
* michael... are you one who live's on the edge ? j/k~lol
goodluck!  |
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07-27-2002, 08:17 PM
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#9
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Pikachu (Level 99)
Join Date: Jun 2002
Location: Berkeley, California, USA
Posts: 1,263
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Quote:
Originally posted by OZGRESSION
Looking for a great place for MP3s? I suggest http://www.winMX.com (try it before it's closed down too).
hope this helped...
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hey thanks OZGRESSION, I already have winMx and I download most of my mp3 from their program --- it's like they gather people to use their freeware, and share music from servers...
I just saw too many site that allowed people to download mp3, and I don't think there is any way to stop it, maybe we should make mp3 legal to download and upload anytime, anywhere
thank subhadipsen, for the information
My dad is studying law and patent now, hopefully he will give me decent information about mp3 and copyright.
thanks you all |
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07-28-2002, 12:40 AM
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#10
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Super Deity (Level 18)
Join Date: Aug 2001
Location: My Basement
Posts: 1,291
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Quote:
Originally posted by Michael
My dad is studying law and patent now, hopefully he will give me decent information about mp3 and copyright.
thanks you all
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As mentoned if over 30-40 seconds its illegal, technically...but I'm one who can't tell time
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07-29-2002, 06:02 PM
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#11
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Pikachu (Level 99)
Join Date: Jun 2002
Location: Berkeley, California, USA
Posts: 1,263
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Quote:
Originally posted by montroze
As mentoned if over 30-40 seconds its illegal, technically...but I'm one who can't tell time
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I know that, for example, CrossWinds, a web site host, doesn't allow members to upload mp3 which is/are longer than 30 sec. |
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07-29-2002, 09:39 PM
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#12
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Super Deity (Level 18)
Join Date: Aug 2001
Location: My Basement
Posts: 1,291
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MP3
Yeah 30 seconds is a joke, you might have to research which bands supported Napster and let thier tunes be copied...their were some Bigger named bands doing this. Even 'The Smashing Pumpkins' let it all out on the net...Billy scribed 2 albums, 3 or 4 cd's that he took for himself along with the masters to pi$$ off the record label for ripping off consumers with their prices.
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07-30-2002, 06:32 AM
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#13
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Deity (Level 17)
Join Date: Jul 2002
Location: South east England
Posts: 831
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Where did you hear that about if you delete it after 24hrs... the back of a cerial box. If you provide MP3's from your site and you dont have the artists permission on the record lables permission then you cant offer it for free to download.
How would a webmaster make sure that the person who downloaded the track then deleted it after the 24hrs was up. Would he email them, get on a bus and visit.. phone the persons mum. The webmaster is responable for the content at all times. Having that on the bottom of your site wouldnt stop you getting sued at all... Napster had the biggest load of legal write up when downloading the software and they got taken out, now you gotta pay to get your mp3's from them....
Hey having said all that though I still got 400 MP3's on the computer taken from Napster back in the day.... sigh!!
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08-09-2002, 05:01 PM
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#14
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Pikachu (Level 99)
Join Date: Jun 2002
Location: Berkeley, California, USA
Posts: 1,263
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Quote:
Originally posted by creative666
Where did you hear that about if you delete it after 24hrs... the back of a cerial box. If you provide MP3's from your site and you dont have the artists permission on the record lables permission then you cant offer it for free to download.
How would a webmaster make sure that the person who downloaded the track then deleted it after the 24hrs was up. Would he email them, get on a bus and visit.. phone the persons mum. The webmaster is responable for the content at all times. Having that on the bottom of your site wouldnt stop you getting sued at all... Napster had the biggest load of legal write up when downloading the software and they got taken out, now you gotta pay to get your mp3's from them....
Hey having said all that though I still got 400 MP3's on the computer taken from Napster back in the day.... sigh!!
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1. I heard the "delete after 24 hour thing" in many download site... not only for mp3, but for other rom, emulator too... go to this web site http://www.pikachu.com.tw, this Pokemon site is in Taiwan, so go to the download section and find it (you have to be able to read Chinese like I do)
2. How can the webmaster make sure their user delete the files after 24 hours? If the site has "Disclaimers", which states that if the user doesn't delete the file within 24 hours, the responsibility goes to the user, so that the webmaster is out of trouble. |
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03-30-2007, 10:00 AM
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#15
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Novice (Level 1)
Join Date: Mar 2007
Posts: 1
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Question: What if I have mp3 files on my website - but they are not sharable and can only be accessed and played from the Site player, i.e. no reasonable possibility of copying the files themselves - what would be illegal about this? - any thoughts anyone?
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