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Copyright
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perception
Started Topics :
8
Posts :
98
Posted : Oct 7, 2004 17:47
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anyone knows if putting a set on-line so others can get and listen is forbiden?
can you tell me if this situation is in or out of copyright law
tks
  marvin sanzaaaaa |
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Alienatix
IsraTrance Junior Member
Started Topics :
10
Posts :
61
Posted : Oct 7, 2004 23:19
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I think it depends on tracks you're using in the set (copyrighted or not they are). But in most cases if tracks are mixed and you are supplying tracklist with respective names of each track's author, then its ok, because the mix itself is your own production.
Nevertheless, selling of such mix will be out of law. |
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Pointy
Started Topics :
6
Posts :
278
Posted : Oct 8, 2004 01:08
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I am not sure about laws in Ukraine 
Streaming music on the net is a way of puplic performance (like online radio), which clearly falls under the copywrite laws. So does downloading music.
For all I know it is not allowed to put up copywrited tracks online (mixed or un- mixed), without paying the fees to your country's regestration company for artists (in germany GEMA, in Sweden STIM).
But still perception, I wouldn´t worry too much about that. I don´t think anybody will sue you for putting up your dj set online.  |
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Nuxx
Started Topics :
1
Posts :
19
Posted : Oct 8, 2004 01:21
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I think that it's allright if
a) you own the track (bought the vinyl or the cd where the work is accessed and you can prove it that you have).
b) you are not profiting financially with it
But it's still a grey area zone ...depending on the world's region.
i did a survey a couple of years ago and found out these 2 commitments. not sure if they changed.
"Just someone who loves a good sound session"
http://www.ic-musicmedia.com/nuxx
http://www.download.com/nuxx |
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Spindrift
Spindrift
Started Topics :
33
Posts :
1560
Posted : Oct 8, 2004 02:18
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I spoke to the royalty organisation in sweden about two months ago.
They say that you are not even allowed to have your own material on your own website without paying the fees. (about $150-$200 per mnt with up to 500 simultaineous listeners)
It's only one if according to them:
The artists is not registered with the organisation AND the label is not registered.
If any of them is registered, all licensing is handed over to the royalty organisation, and you need to pay the fees to play the music. Wheater or not you sell it is irrelevant, and wheater you have a physical copy as well.
Copyright and licensing is two separate issues.
You brake copyright laws if you copy a CD, and you break licensing laws if you play the CD without fees.
Anyway...it's fun to break the law, and no money really goes to trance artists, since the money collected from websites and clubs is paid out dependent on how much radioplay you had.
So...stay underground....and dont sign up with the royalty organisations
All the tracks on my site is released under open licensing, so if you are afraid of the copycops knocking on your door use them in your mixes  |
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Dimitri
Inactive User
Started Topics :
4
Posts :
229
Posted : Oct 8, 2004 12:51
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Since i left Ukraine rules realy changed . Now it's real network hacking anarchy in there .
Tij mene pidmanula , tij mene pidvela
Tij mene molodogo , s uma rozumu zvela .
Ce ti mojesh miksovati koli nechego robiti . |
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Alienatix
IsraTrance Junior Member
Started Topics :
10
Posts :
61
Posted : Oct 8, 2004 13:14
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Heh, guys, with such laws every dj, who is playing from licensed CD and aren't paying fees for each track is an out-of-law person. %) |
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Dimitri
Inactive User
Started Topics :
4
Posts :
229
Posted : Oct 8, 2004 13:19
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Yes they/we are . |
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Alienatix
IsraTrance Junior Member
Started Topics :
10
Posts :
61
Posted : Oct 8, 2004 14:24
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The next law will be to pay fees for listening music, for our feelings and thoughts... |
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Spindrift
Spindrift
Started Topics :
33
Posts :
1560
Posted : Oct 8, 2004 14:25
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Quote:
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On 2004-10-08 13:14, Alienatix wrote:
Heh, guys, with such laws every dj, who is playing from licensed CD and aren't paying fees for each track is an out-of-law person. %)
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It's never up to the DJ to pay the performance royalties.
That is dealt with by the venue owner/organizer.
And it's not paid on a per-track basis, thats why it get spread over radioplay instead. |
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Dimitri
Inactive User
Started Topics :
4
Posts :
229
Posted : Oct 8, 2004 14:28
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Quote:
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On 2004-10-08 14:24, Alienatix wrote:
The next law will be to pay fees for listening music, for our feelings and thoughts...
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You pay these fees when you buy legal music . |
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Pt.
IsraTrance Senior Member
Started Topics :
236
Posts :
6106
Posted : Oct 8, 2004 14:34
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Acctuly in Norway... BMG, Universal ect. are/where trying to get payd from buisnesses playing music at work. Lets say theres a barbershop in the countryside of Norway. Mr. Hansen.. He got a small radio in his small barber shop. BMG, Universal ect. acctuly wants this poor man to pay fees because he is playing BMG's, Universal's (ect.) music to his customers for FREE!!! hehehehe.. if thats not stupid then i dont know. This is what the world has turned in to, capetalism. Cash is king
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daniel duarte
IsraTrance Junior Member
Started Topics :
13
Posts :
219
Posted : Oct 8, 2004 15:49
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Quote:
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On 2004-10-08 10:05, NoKeyAah wrote:
did you know according to the law books flipping a tv channel because of a commercial break is illegal!
if you have a good lawyer everything is legal
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lol! what?? |
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Rik
IsraTrance Team
Started Topics :
107
Posts :
966
Posted : Oct 8, 2004 16:40
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you have to pay.
Performance Right / Performance License
If you decide to publicly perform (live or broadcast) music composed by someone else and copyrighted by that party then you must obtain a performance license. There are two rights involved here to be granted. One must first obtain the permission of the copyright holder of the music composition (musical notes and/or lyrics) which could be either individually or in joint agreement the Composer, Songwriter, Lyricist or Publisher. You may obtain the license through either the appropriate Performing Rights Organization if the Publisher or Composer is a member of that organization and has assigned the administration of the title to that organizations catalog. One can go to the Composer or Publisher directly if they do not have a representative or their relationship with the organization is not exclusive.
Secondly, if you are publicly playing a recorded version (phonorecord), then you must also obtain the permission of the copyright holder of the underlying musical composition you are interested in. Conversely, is someone is going to play a CD on which you are the composer or the songwriter then they must obtain the permission of you, your representative, or the party you have assigned the copyright administration to. The permission is granted for either analog or digital performance with the exception of the downloading of a file that is saved to hard drive and not listened to at the same time as the download. One can negotiate directly with the copyright holder but many publishers also have the PROs monitor and administer this performance right which involves oversight of terrestrial radio broadcast, jukebox in restaurants, clubs and bars, closed circuit and satellite transmission background music in stores, hotels, movie theaters, restaurants, and public waiting areas. This performance license can be obtained by Compulsory License and pay a Statutory Rate of royalty.
In the United States, there is no public performance license or license fee due to the copyright holder of the specific sound recording. Terrestrial radio stations that play recorded music compositions and transmit by radio frequency do not pay a performance fee to the sound recording copyright holder. However, it has been ruled that terrestrial radio broadcasters must pay webcasting royalties if they simulcast their radio show on the Internet. Independent Webcasters (non-terrestrial radio) must also obtain and pay the licensing fee for the performance license for a non-interactive streaming sound recording. The royalty payment rate for webcasters will be established by the Copyright Arbitration Royalty Panel (CARP), which once established will be retroactive to a certain date. This has resulted in another form of Compulsory License and a Statutory Rate of royalty (pending).
Outside of the United States, many nations require that in addition to receiving the permission of the underlying music composition copyright holder, that also a performance license be obtained and royalty paid to the sound recording copyright holder for the public performance or public broadcast of a sound recording, even by terrestrial radio broadcast. In certain nations, the royalty may also include the performers on the specific version of the sound recording.
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