Music on the Internet

[xDazedx]

What is the name of your state? TX

First of all thanks for reading.

I recently started a music forum for guitarists. On the site, you can upload music that you have done for critiques or collaberation. I have tried to keep the site 100% original work and we have links to how the members can copyright their own music.

We have an area for backing tracks where you can download drums or a rhythm track that you can add solos to or whatever. Lately we have had people who want to upload copyrighted music with the guitar parts stripped out where people can add them. For example, I have a song by Pink Floyd that has bass, drums, keyboards and vocals only. Someone on my site then downloads it, adds the guitar tracks and then uploads his version of the Pink Floyd song for all to hear.

I end up removing these tracks because I believe them to be in violation of copyright law. However you can hit numerous other sites on the internet and download hundreds of backing tracks from famous artists.

So from a legal standpoint, what is correct? It was my understanding that posting music is considered publishing. Is it ok for me to allow my members to post versions of Copyrighted songs or is every other site that allows this in violation of the law?

Thanks for the help!

 

[divgradcurl]

I end up removing these tracks because I believe them to be in violation of copyright law.

Good idea, because you are right.

So from a legal standpoint, what is correct?

Unless you have a license to a) strip the guitar parts (creating a derivative work), and b) reproduce the work (by psting to the website), then you are violating the copyright holder's rights.

It was my understanding that posting music is considered publishing.

That is correct.

Is it ok for me to allow my members to post versions of Copyrighted songs or is every other site that allows this in violation of the law?

Well, it's not legal (unless, as I noted above, someone's paid for licenses), so if you do this, you are risking a lawsuit. As you've noted, a lot of other sites are doing it to. How do they get away with it? Well, it may be a low priority for the record companies. The sites may be located overseas, and therefore tough to sue, etc. The fact is is that unless they have licenses, they are violating the rights of the copyright holder, and opening themselves up to legal action.

So if you don't want to take the risk, don't do it.

 

[xDazedx]

divgradcurl:

Thanks so much for taking the time to answer my questions. I am not sure if my members will be happy with your answers lol but I wanted to make sure I was in compliance.

I appreciate it!!

Dazed

 

[xDazedx]

Out of curiousity, what if the member hosts the file on there own site but puts a link to it from mine? Since it does not technically reside on my server, am I in the clear?

 

[divgradcurl]

Out of curiousity, what if the member hosts the file on there own site but puts a link to it from mine? Since it does not technically reside on my server, am I in the clear?

The law in this area is still a bit muddied and undecided, with case law all over the place. Some cases have held that hyperlinking, even to infringing material, did not rise to the level of "vicarious" or "contributory" infringement.

However, look at Napster -- there you have a company which did not own or store any of the infringing material, but just made it easy for others to get it -- and they were found liable for vicarious and contributory infringement. Now, what Napster did id a lot more in-depth and complicated than what you are doing -- but, on the other hand, in a way you are providing a "portal" for people who want to find some infringing material.

So the answer is, who knows? I would guess that, given the current case law, a mere hyperlink would be insufficient to give rise to vicarious or contributory infringement -- but you never know. How many of these hyperlinks do you plan to have? How much control over them do you have (not that it really matters THAT much, but it is one factor)? You get the picture.

Again, it's up to you if you want to risk it. I would suspect that the risk of having a hyperlink to potentially infringing material is a lot lower than actaully hosting potentially infringing material, but it is still a risk, and it's up to you to decide whether it's worth it or not.

 

[xDazedx]

Thanks again for the help and timely response! I think I will leave it as original music only!