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Sites being shut down = worried!


Myatu
19-01-2010, 21:04
You're right though, the best way to avoid issues is to have a means to be contacted. So if someone's concerned about copyright, give them an opportunity to contact you to discuss matters - it's the most reasonable thing to do without having to take "risks"

IainK
19-01-2010, 20:36
Just put up a disclaimer that the mixes are for promotional purposes only.

kazakore
19-01-2010, 20:31
Think I'm going to risk it. Seriously doubt my site will ever et enough exposure to worry about it to be honest, but I do worry about these things. Does seem the sites that were closed down with no warning were P2P related from what I could glean from scouring the internet and with France's recent moves in that area I guess it's not too much of a surprise.

And yeah Copyright laws have changed over the years but still, as far as I know at least, mixes have never been taken through the courts for cases of copyright violation. But sites have shutdown and stopped hosting due to getting worried. Mixcloud only allows streaming, not downloading, due to their views on the matter whereas Postbocks is the opposite and only allows files over 15mins to try and ensure they are mixes and not people's copyrighted tracks.

Had a good idea from somebody else to provide a Report Material button on the pages so that I can hopefully be emailed in the first instance if somebody does have an issue with anything. Also if it ever does occur, with it hopefully being only a very small segment (nearly everything is going to be from small indie and dance labels, not the big majors, in the types of mixes that are likely to be hosted) OVH will only ask for/or remove themselves the offending/reported file and not a blanket erasure and account removal (although the reports I've heard scare me that this isn't generally there modus operandi.

Myatu
19-01-2010, 19:39
I sincerely doubt that OVH will shut down a website without contacting the owner, unless it has de-facto proof of a copyright violation. It would be too easy for a website owner to file suit against OVH if it shut down his/her website without warrant.

For example, they cannot shut down a website because it happens to have "Pulp Fiction.MPG" available for download, because the filename is arbitrary. But if OVH received a letter from the copyright holder, or someone representing him/her, or OVH saw it for themselves, then OVH needs to act to for "damage control".

As for mixing music: as long there's a copyright on the lyrics or song, then you need to have explicit permission from the copyright holder if you're re-using a substantial portion. Now what constitutes "substantial" is the grey area in courts, because that's subjective. For example, you could have a 30 second clip that no one would ever recognize as being from song XYZ. Or you could have a 3 second clip and immediately recognize it as the Intel "ta-dum-dum-DUM!".

kazakore
19-01-2010, 16:52
I know all about PRS, as I said it's still a grey area with mixes. I studied Sound Engineering for 3 years, including Music Business, and now work in Broadcasting (although TV and Satellite, not audio/radio.)

Andy: The word Authors there is the weird one. All the original artists? Impossible! The Djs/performers who produced the mix/live set. Obviously it will only go up with their permissions.

Again it comes to the shutting down with no prior warning or discussion. Although if it was only done to very obviously warez/movie download sites and the likes then I can understand it.

Razakel
19-01-2010, 15:48
If you're in the UK, you might want to check out the Performing Rights Society:
http://www.prsformusic.com/Pages/default.aspx

(Note: they're widely known for being money-grabbing ****s)

Andy
19-01-2010, 15:19
If you have permission from the authors of the material to make and distribute mixes, then you're fine. However if you don't have permission then you're going to be hit sooner or later.

I don't agree with shutting down accounts though, it's unfair. A simple cease and desist warning is more appropriate.

kazakore
19-01-2010, 13:28
Hi.

I was looking into your hosting after being recommended it by a friend and I came across reports of quite a lot of accounts being deleted and all files removed with no prior warning/discussion. Seems people were saying it was happening from single complaints against file stored on the server.

Then a read a bit more on your side and sounds a bit more like trying to clamp down on the torrent/p2p side, which is understandable. But still closing accounts and deleting files without first contacting the owner is not acceptable.


But that's kinda beyond the point. What I am looking for is a site to promote events I run and host mixes, live-sets and performances for people to download. Some of this is still considered a grey area.

What are your opinions on hosting DJ mixes on your servers? Obviously a lot of the music in the mix will be copyrighted, but the mix is a performance. This is one of the grey areas I was talking about. If somebody was to complain that copyright material was being hosted due to mixes what would be your reaction?

Also what about bands performing covers of other bands/artists music? Again a very grey area.

To be honest I doubt I'll get enough traffic to be worrying about these things but the reports I have read have made me do so. Therefore I would like to know your official standpoint on such matters.

Thanks.