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Copyright - putting mp3s on the net??


Jamesemt
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In a bid to try and get some more pub gigs, the band want to put some recorded song snippets onto our myspace page.

Now obviously we are talking about pop/rock covers, so where do we stand with regards to copyright?

One of the guys reckons that if the audio clips are short enough then we wont run into problems...is he right?

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As far as I know that bit of information is for broadcast news items and has to be under a certain length to qualify. I am not aware of any rule that suggests that you can infringe copyright in small bits and get away with it, although as its on myspace it's only joining ranks of others doing the same with whole songs, doesn't make it right but means you're unlikely to be pulled up for it.

PS, just because I'm not aware of it doesn't mean it's not true, maybe Clarky (being a PRS bod) could shed some light.

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MY SPACE............................

You may upload a maximum of 10 songs.
[b]You must own the copyright for the Music you upload. [MySpace Terms of Use[/b]]
Warning: Profile Usage and Copyrights
MySpace Music Artist Profiles are for Artists:
[b]Uploading music you did not create or have rights to redistribute is a violation of MySpace’s Terms of Use[/b] and may be against the law. Even if you lawfully own a copy of the music (you bought a CD or downloaded it from an Internet service), you do not necessarily have permission to upload the music to a MySpace Artist Profile. [b]If ou are not the Artist who created the music or that Artist’s agent, do not upload music. If you violate this rule, your Artist Profile may be suspended [/b]and/or deleted. If you would like to show support for an Artist, search for or create an Artist fan club in MySpace Groups.
[b]If you upload copyright protected music and are not cleared for uploading, you may be blocked:[/b]If you distribute your music commercially, your record label and/or publisher may have already registered your music to prevent copyright infringement. If you are blocked during an upload, contact your record label representative to be cleared to upload your music to your MySpace Artist Profile.

Of course that is only 'My Space' terms
As someone else pointed out...
Might be worth asking 'Clarky' he will smell this post soon... :)

Garry

Edited by lowdown
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I've used tracks that I play on for my Myspace

www.myspace.com/hughbass

and as they aren't my tracks I asked permission of the owners, just to be safe and from courtesy.
Might be fun to approach the owners of any songs you want to post. Networking a la mode! :)

Edited by hubrad
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We've got a Beatles cover up (Long Long Long), no-one's bothered us about it.

I think the pertinent word in the MySpace terms is "create music". "Uploading music you did not create" is not the same as "Uploading songs you did not write". Of course I could be wrong, but that's the way I read it.

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Odds are you'll get away with it, though of course that doesn't actually make it legal.

FWIW I've heard of a band uploading their own material (stuff they'd written and recorded) but not obtained clearance from their label. They were contacted by myspace asking them to remove it. Myspace were probably contacted by MCPS or whoever who were simply policing the use of copyright material without checking into things any further.

I'd suggest changing the title slightly or using some generic title like '70's rock demo' if you want to reduce your chances of coming up on the radar.

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my covers band had short clips of songs online and we were recently contacted by the PRS informing us that we would have to pay if we want to keep them up - there was a thread about it somewhere - we took em down rather than pay the few hundred quid they wanted. I';; find the email from them later if you like.....

on a related note, my bass run through of Maiden's phantom of the opera on youtube was recently removed due to the copyright owner complaining about it... odd though as theres still hundreds of similar videos on there - i wonder why mine got singled out? and i also wonder why my other videos of my full band playing maiden songs weren't mentioned and are still live...? hmmmm

peace

c

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