Copyright infringement question

[JimmyJim]

Hello,

If someone hosts song files that are 30 seconds long, are of lower quality than the original recording, and the website contains no other sound clips from the same track, is it safe under copyright laws?

A perfect example of this would be Wikipedia. I'm just wondering because I might host 30 second clips of songs for a music website.

Thanks in advance :)

[JimmyJim]

Anyone know? If not, do you know where I can find out?

Thanks again

[wootah]

Anyone know? If not, do you know where I can find out?

Thanks again

I think you'll have to check your country's and/or state's laws/regulations on this particular matter... I don't think there is a 'global' consistency really.

[JimmyJim]

I think you'll have to check your country's and/or state's laws/regulations on this particular matter... I don't think there is a 'global' consistency really.

I think I'll be hosting the US.

[TBOL3]

Yup, it's illegal.

[original_jamingrit]

It might count under "Fair Use", but fair use tends to be vague. So check what your "Fair Use" laws are.

Check here:
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/index.html

[TBOL3]

I actually thought of that, but if you wanted it to be fair use (doing with it what you were planning on doing with it), you would need the nations best lawyer. What would be easily fair use, is background music on your website, and only about a 10 second clip or so.

[JimmyJim]

If it even has the possibility of being illegal, how come Wikipedia gets away with it? They have 30 second sound clips for many artists.

[Joeb454]

It depends where Wikipedia is hosted. Also I think that may be what Wikipedia donations go to ;)

[JimmyJim]

Here is an example: http://en.wikipedia.org/wiki/Image:Slayer_-_Raining_Blood.ogg

I don't understand why anyone would complain about a 30 second clip anyway. They would have to be a complete *******. If anything, it helps the artist and the recording companies as its essentially free advertising for them.

[TBOL3]

Oh, they wouldn't, and honestly, if you put it in your webpage, you are completely unlikely to get sued (and a way to make yourself even more safe is to post a link to where to buy it at amazon). But then again, J-walking is illegal, but does anyone listen?

[macogw]

It might count under "Fair Use", but fair use tends to be vague. So check what your "Fair Use" laws are.

Check here:
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/index.html

I think "fair use" requires that it be 10% or less of the total work.

[PrimoTurbo]

Technically illegal, practically it's not. You might get a email from them to take it down eventually.

[quinnten83]

The music recording industry have become complete douchebags. Go to jamendo and download the music there. Those guys work under a creative commons license, which allows you to use their stuff. Give credit if you can though!

[original_jamingrit]

I think "fair use" requires that it be 10% or less of the total work.

I've been reading more and more about it. There's no clear consensus, and the rules in different countries don't clear things up either. I guess all of the MPAAs and RIAAs of the world have ground fair use to practically nothing. Although, if the ten percent thing is true (I've read that somewhere else too), then 36 seconds of a 6 minute song would still be okay.

[JimmyJim]

OK, so if


I host in the US
I clearly state where the recording is from
It is of absolutely no financial risk to the artists, record label etc., and could even increase their earnings
I use less than 10 % of the song recording
The sound quality is much lower than the original recording
I post a link as to where the full song/album could be bought
I use multiple songs from the same album, but each is less than 10% of the full song length (like Amazon.com samples, but shorter in length)
I never use more than one sample from the same song


Will I be safe? I don't mind if a cruel company gives me warning and tells me to take the recordings down. I just don't want them to sue my *** into poverty without warning.

Thanks again. I can't afford a professional lawyer to ask this stuff.

[d.kusummmanth@gmail.com]

Hello,

If someone hosts song files that are 30 seconds long, are of lower quality than the original recording, and the website contains no other sound clips from the same track, is it safe under copyright laws?

A perfect example of this would be Wikipedia. I'm just wondering because I might host 30 second clips of songs for a music website.

Thanks in advance :)
Some sites provide music streaming of full songs. U might want to check out such a service. Also, consider hosting ur site in a country, where the laws are more "liberal".

[JimmyJim]

Some sites provide music streaming of full songs. U might want to check out such a service. Also, consider hosting ur site in a country, where the laws are more "liberal".

I currently reside in Canada. Should I host here instead?