blog legal issues
- Started
- Last post
- 25 Responses
- 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?
- ********0
illegal
- ukit0
Even just posting images? Any good links on this stuff?
- plash0
look into intellectual property laws.. IP seems to be the way to go in these modern times of mass publishing.
- ********0
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.
- kgvs720
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.
- ukit0
^ Second one gets 37k hits/ day according to Statbrain
- ********0
Yap illegal.
Internet not free yo.
- ukit0
It's not at all clear to me
- plash0
i would look into the soma fm vs RIAA back in 2000.
case involving internet radio and play rights.
- ********0
You are dumb.
- mg330
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.
- ukit0
I think the SOMA case involved internet radio, right, which is legal?
The only dispute is the amount needed to pay royalty collection groups.
- plash0
look at the No Electronic Theft Act of 1997
http://en.wikipedia.org/wiki/NET… -synopsis
- airey0
posting the music could be argued as broadcasting which is where you cross the line.
- exemption for "personal use" can be arguedplash
- also the "first-sale doctrine" recognized by the U.S. Supreme Court in 1908plash
- that is if you own the copyright ..plash
- Actually broadcasting has a more specific definition...user can't have control over what playsukit
- That's the basis for how Last.fm and Pandora operateukit
- boobs0
Wow! From the variety of postings, it looks like everyone just posts whatever they imagine the laws to be.
- ukit0
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.
- jimzyk0
who owns the rights to LOLCATS?
