Can I Set Up a Website for Music I Download on the Internet?
Full Question:
Answer:
The music itself would be generally copyrighted by the musician, apart from the radio station that airs it. 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. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
The Recording Industry Association of America has pursued litigation vigorously to stop file sharing efforts. The labels’ lobbying and litigation arm has sued thousands of individuals and music-trading sites — lawsuits that have not dented the illegal, pirated-music marketplace.
A licensing agreement is a legal contract between two parties, known as the licensor and the licensee. In a typical licensing agreement, the licensor grants the licensee the right to produce and sell goods, apply a brand name or trademark, or use patented technology owned by the licensor. In exchange, the licensee usually submits to a series of conditions regarding the use of the licensor's property and agrees to make payments known as royalties.
Licensing of online music file-sharing is an evolving area of law. Peer-to-peer file sharing developers' liability for copyright infringement is based on various factors, such as the control over the user's activities and benefits/money received. The legal strategies for avoiding liability will depend on the facts involved in each case. I am prohibited from giving legal advice, this service provides information of a general legal nature. I suggest you read the information at the links below and consult a local attorney who can review all the facts and documents involved.
Read More:
http://www.eff.org/wp/riaa-v-people-years-later
http://www.eff.org/pages/making-p2p-pay-artists
http://www.eff.org/pages/iaal-what-peer-peer-developers-need-know-about-copyright-law
http://www.eff.org/issues/file-sharing
http://news.cnet.com/8301-1023_3-10268199-93.html
http://cc.bingj.com/cache.aspx?q=download+court+%22file+sharing%22+music+riaa&d=4984545834763728&mkt=en-US&setlang=en-US&w=b75b59c2,9206d355#ixzz0fbuUxloY
http://depts.alverno.edu/library/powerpoint/P2P.ppt
