Legal issues
From Ssl-wiki
Contents |
Introduction
Start
Taken from here:
Within the US: If you are purchasing BOTH MP3 files AND the original media from someone it is a legal sale. If you are NOT getting the original media then it is NOT legal.
If the music was originally from a music service (like promo only, RPM, etc) you CANNOT sell the media because you don't own it. If you doubt me - READ THE CONTRACT.
If you have the original media and the MP3's you still may not be legal because US Title 18 (the basis for nearly all copyright laws in the US) explicitly prohibits format-shifting (it was called space-shifting in the Rio decision) for commerical use.
However, if you have a bunch of albums and purchase MP3's of those albums to keep you from having to archive them yourself it gets real confusing. Technically, anytime you affix a performance to media you need to pay a licensing fee (it's called the statutory rate and is 8.5 cents per copy with a minumum of 500 copies PER TRACK) to the Harry Fox Agency. If this performance is not your own then you also need the Master Use rights to affix someone else's performance to media. Confused yet? It get's even more confusing as you delve deeper and deeper into copyright laws, licensing, and such.
So you purchase MP3's from other legal sources (iTunes, eMusic, Virgin Digital, etc). Check the terms of use agreement on those sites. Most require written authorization to use purchased MP3's for commercial use or outright prohibit their use for commerical purposes.
Ok, so what now.... I got fed up with all this and actually called a couple record labels and asked them about using tracks I had converted from CD or purchased as MP3 from a music service. I was told that as long as I wasn't using multiple copies at the same time (when ripped/encoded from CD), that the MP3's had been purchased legally, and proper public performance licensing was paid to ASCAP, BMI, SESAC (or CCLI in a few cases) then they could care less if I was a professional DJ! Different companies, different perspectives on the use of the tracks. But they all just want to get paid fairly for the works they produce/distribute.
But I can tell you this, if you don't have original licensed media for all the MP3's you're buying in an eBay auction you're violating copyright laws. Just say 'NO' to pirated music.
DISCLAIMER: I'm not an attorney, I don't even play one on TV. Consult an attorney with experience in Intellectual Property, Licensing, and copyright to verify your potential for liability.
SIDENOTE: Please don't get me started on this whole copyright law and licensing thing. I've written posts on this in a couple of different forums and most people 'just don't get it'. I spent numerous hours reading legal documents, supreme court decisions, calling/emailing record labels, RIAA, ASCAP, BMI, SESAC, CCLI, HFA, and more. It's pretty tiring that there isn't a real clear cut answer yet - of that I can assure you.
Links
Acknowledgments
Credits for this article go out to:
- User Mixmeister from the SSL forum.
Todo
- Formatting article
