Is it legal to play mp3s on your site?

[parentingdiscussions]

Hey Alan? good post, and it sounds like you got it on the nose, but you missed something that is very important. If those files are within your site,  they can be located, all they have to do is link the page, up to the folder that the files are in, and then open that folder and download the music right from there, unless you can password that folder, it is possible to download the music, so in their eyes, even if you don't post links, the folder is still there, and still can be downloaded.

Good job!

[alan s]

Hey Alan? good post, and it sounds like you got it on the nose, but you missed something that is very important. If those files are within your site,  they can be located, all they have to do is link the page, up to the folder that the files are in, and then open that folder and download the music right from there, unless you can password that folder, it is possible to download the music, so in their eyes, even if you don't post links, the folder is still there, and still can be downloaded.

Good job!

But theres no openly available link to download the song , nothings safe when its embeded into a page sure...Theres ways to get around everything but theres a difference between having a mp3 player that pulls files from a folder and all you can see is the mp3 player and having a page with a load of links to music files.

So if you have a mp3 player on your site and its a standard mp3 player and just shows the song playing but doesnt give any link to the music file your ok.

I'd recommend using Coffee Cup JukeBox , Its a excellent flash mp3 player. Its around $20 i think , I bought it a few months ago. 

[jacortina]

Alan S,

Do you have some reference to statute which supports your claim of 90 seconds being legal? Just because copyright holders usually won't bother to prosecute in such cases doesn't mean it's legal.

See: http://ccnmtl.columbia.edu/projects/law/library/cases/case_bridgeportmusicstillnthewaterpublishing.html
Bridgeport Music v. Dimension Films, et al.
410 F. 3d 792 (6th Cir. 2005)
"Specifically, a two-second sample from the guitar solo was copied, the pitch was lowered, and the copied piece was "looped" and extended to 16 beats."

A lawsuit over 2 seconds of music.

And location of server only means that the ISP can't be forced to act. Live in the U.S. and run a kiddie porn site on an overseas server and you WILL go to jail if caught. Exact same principle. In both the music and the porn cases, it's the distribution, the uploading and downloading occurring in the U.S. that's going to get you.

And if you distribute it via an MP3 player (as opposed to a file download), you're still distributing it. There's no question about it.

[alan s]

Comparing Child Porn and Music isnt a great example............ Being a pervert and a music lover are 2 different things.

I'll have a look for some documentation on the 90 second sample thing.

[TolerancE]

Just my two cents about this issue.

It is true it is not legal to put those songs on your site, and between everyone here, I really don't give a flying birdy what is wrong or right. I have them on my site and it works just great and I haven't gotten any one complaining just yet, and if they do I will just simply remove them for a time being to make the people happy.

Just keep this in mind though. Those files you put on your site can be downloaded very easily, they just need to find the directory where the files are and download them right from there, I wouldn't put too many songs in your list either, maybe a few dozen or so, and cycle them from time to time, the more songs you have the more chance you have with someone making a complaint.

The RIAA might look at you, but if you only have a few dozen songs they might turn the other way, or send you a nice letter telling you to remove the songs from your list.

Just don't draw attention to yourself, and you will be ok.

Very well said!

[RvG]

streaming  - yes.
downloading/sharing - NO.

[G6Cad]

Actually not even streaming copywrited music is alowed with out a license from the recordcompanies.

As i have had the jukebox my self on my site, i wanted every thing on my sites for all to be legal to use, i emailed the recordcompanies, and ALL said to buy a license (similar to radiostations have) to even streaming music from a private site or forum.
So if you dont have a license, you are NOT alowed to stream, host OR share oput any copywrited music ownd and sold by the recordcompanies

[Porky]

Well then by that explnation that means that night clubs and bars all have to have a lisence as well

[redone]

I think the bottom line here is that if you run a small site and don't have millions of members its not probably strictly legal to stream music this way. You will more than likely get away with it however.

Like anything else in life if you are not sure contact a lawyer if you are the concerned about getting a letter in the mail from the RIAA or simply just don't play music from your site period.

Any kind of comparison between child porn and streaming music is at the very least a bad example and quite frankly in poor taste.

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