blog legal issues 2525 Responses

Last post: 2 years, 5 months ago | Thread started: Jul 2, 09, 10:30 a.m.

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• ukit

  I see a lot of music blogs where they post images of the artist and a embedded sample of their music (not downloadable). Does anyone know what the actual law on this is? Is that kind of stuff considered fair use, gray area, or is it technically illegal but just below the radar?

  Jul 2, 09, 10:30 a.m. – Permalink

• JourNYC

  illegal

  

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  Dog-earJul 2, 09, 10:52 a.m. – Permalink

• ukit

  Even just posting images? Any good links on this stuff?

  

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  Dog-earJul 2, 09, 10:54 a.m. – Permalink

• plash

  look into intellectual property laws.. IP seems to be the way to go in these modern times of mass publishing.

  

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  Dog-earJul 2, 09, 10:56 a.m. – Permalink

• JourNYC

  fair use only applied if there are no monetary gain. One could argue that having a blog with image / sounds / video with no ads does help to promote the brand of the blog that you are publishing to.

  

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  Dog-earJul 2, 09, 10:58 a.m. – Permalink

• kgvs72

  I want to say that it should be Fair Use, especially if the blogger is not profiting in any way. Especially if you're putting something on the internet.

  My guess is that it is illegal if you don't have explicit permission from the artist.

  I don't see why not post something like that, but if the artist doesn't want his/her work all over the internet, then you have to follow the wishes of the artist.

  

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  Dog-earJul 2, 09, 11:02 a.m. – Permalink

• ukit

  Well the irony is that most of these artists supposedly want their work to be promoted.

  So, a blog like this for instance, is massively illegal:

  http://obscuresound.com/

  http://stereogum.com/

  Or does the non-enforcement of these laws make them functionally pointless?

  • It's not clear to me what the actual law is on this at all– ukit

  

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  Dog-earJul 2, 09, 11:05 a.m. – Permalink

• ukit

  ^ Second one gets 37k hits/ day according to Statbrain

  

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  Dog-earJul 2, 09, 11:07 a.m. – Permalink

• JourNYC

  Yap illegal.

  Internet not free yo.

  

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  Dog-earJul 2, 09, 11:19 a.m. – Permalink

• ukit

  It's not at all clear to me

  

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  Dog-earJul 2, 09, 11:23 a.m. – Permalink

• ukit

  

  Is this illegal? Did I just commit a crime by posting that?

  • i dont think you are. but does QBN owe brit royalties? if you posted a song they would.– plash1/3

    Why song and not picture?– ukit2/3

    in the event one can prove profit off the music. (ie. ad sales) why music? more dara– plash3/3

  

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  Dog-earJul 2, 09, 11:27 a.m. – Permalink

• ukit

  How about now?

  Illegal?

  • i think by extension youtube covers the play rights for posting– plash

  

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  Dog-earJul 2, 09, 11:30 a.m. – Permalink

• plash

  i would look into the soma fm vs RIAA back in 2000.
  case involving internet radio and play rights.

  

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  Dog-earJul 2, 09, 11:33 a.m. – Permalink

• JourNYC

  You are dumb.

  

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  Dog-earJul 2, 09, 11:37 a.m. – Permalink

• mg33

  I've always wondered this about http://blog.iso50.com They post a ton of music in there that streams. If you know how to find the mp3 files it's easy enough, but you can't download it directly from the front end.

  

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  Dog-earJul 2, 09, 11:42 a.m. – Permalink

• ukit

  I think the SOMA case involved internet radio, right, which is legal?

  The only dispute is the amount needed to pay royalty collection groups.

  • yes but you will find precedence and can work from there.– plash1/2

    or look at cease and desist and find stature.. both methods can give clues on the ongoing laws– plash2/2

  

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  Dog-earJul 2, 09, 12:06 p.m. – Permalink

• plash

  look at the No Electronic Theft Act of 1997
  http://en.wikipedia.org/wiki/NET… -synopsis

  

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  Dog-earJul 2, 09, 3:47 p.m. – Permalink

• airey

  posting the music could be argued as broadcasting which is where you cross the line.

  • exemption for "personal use" can be argued– plash1/5

    also the "first-sale doctrine" recognized by the U.S. Supreme Court in 1908– plash2/5

    that is if you own the copyright ..– plash3/5

    Actually broadcasting has a more specific definition...user can't have control over what plays– ukit4/5

    That's the basis for how Last.fm and Pandora operate– ukit5/5

  

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  Dog-earJul 2, 09, 3:54 p.m. – Permalink

• boobs

  Wow! From the variety of postings, it looks like everyone just posts whatever they imagine the laws to be.

  • Or, you know, see what the Copyright Office has to say:http://www.copyr...– boobs1/2

    laws arn't made to be understood by the public . so unless you got a law degree.. its all speculation until proven– plash2/2

  

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  Dog-earJul 2, 09, 4:12 p.m. – Permalink

• ukit

  Well, I read around a bit on the subject today. With all due respect to JourNYC, It's not as shut and dry as he/she makes it sound.

  The most relevant law is the DMCA

  http://en.wikipedia.org/wiki/Dig…

  However, as Wiki says:

  "The law is currently unsettled with regard to websites that contain links to infringing material"

  The overall problem is that not enough cases have progressed far enough to form precedent, so they are many gray areas here.

  • http://en.wikipedia.…– plash

  

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  Dog-earJul 2, 09, 4:26 p.m. – Permalink

• jimzyk

  who owns the rights to LOLCATS?

  • read their EULA– plash1/2

    The cats themselves– ukit2/2

  

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  Dog-earJul 2, 09, 4:29 p.m. – Permalink