Ray, media and copyright law

tango3d posted 7th of July 2008 in Community Voice. 20 comments.

I would like to know if enabling download on music video player etc. is in breach of copyright law when users have uploaded an mp3 music file etc. to their profile music or gallery music so that another user can download that file. it seems to have the same effect as P2P. and obviously some users do upload popular music files.

 

I would be interested to hear others thoughts opinions on this.

 
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AndreyP
In common case seems that yes, free sharing of Mp3 is not good, .. need read mp3 copyright :)
sammie
i also read into this, and from what i understand is this.
uploading copyrighted music for sharing is illegal, storing it and allowing it to be downloaded is illegal too.
i have turned off the music gallery and only allow profile music (10 songs) and i have disabled the download option.

to me this is the safe settings as you are not allowing it to be shared.
tango3d
Hi Sammie, I sort of understand what you are saying, and that makes sense but if you are allowing uploads to profile music then would this not be considered upload for sharing, in which case we could just turn off the dowlnoad option on both and just allow uploads, Would this still be classed as sharing even though there is no option to download?

What I am getting at is how do we define "sharing" I am still a little confused. thanks for your input.
Shadow1
It really depends on your country. I got already trouble coz a Member did upload a Avatar image that was under Copyright. Of course, its impossible to control all the user content. Even Text can have a Copyright. I think if you remove it imitatively after u know its not allowed and do your responsibility as a webmaster they can't sue you.

It's a big & easy business for the lawers. It's always better being careful and try to avoid any possible trouble.
sammie
the reason i disabled the music gallery is because that clearly is used for sharing, even if you turn off the download option on the music gallery, it has the code to copy n paste on other sites to use your bandwidth to play music on their sites. this is sharing too, so i feel that only profile music is the safe option, they can ask you to remove it, but they can not sue you for allowing it to be downloaded or shared on other websites.

why bring attention to yourself? in the membership levels see more i am thinking of turning off profile views for non members, then the site wont look like it has any music on it at all
tango3d
Thanks for clarifying that point Sammie, I will need to do a google and look up the laws on intelectual property in my country and the sharing issue, I was under the impression that sharing meant that the file could be downloaded and and then shared as on a P2P network, maybe there are some gray areas, I will research it. thanks
sammie
no you are not allowed to share in any form. and remember, if you are in say Afghanistan and they have no laws on copyright music, but your host/server is in the USA or a country that has copyright laws, they can shut you down even if they can not sue you.

turning off the public music gallery, and only allowing members to view other members profile music and not allowing it for download, is the safest option. they are less likely to see it if they cant view it without joining your site. i would see more also think about putting a robots,txt file in place and deny access to the music folders so they are not crawled by search engines
Trivium
hi,how do i do what youve done sammie?sounds like a smart thing to do,i wanna be safe but not sure how to turn off mussic gallery or whatever i need to
sammie
its really easy to do.
admin/plugins/ray/ then in the music player click setting and uncheck the "enable file saving" box, click save do the same with the pmusic player.and video player if you want to.
that stops downloads.

then you need to go to admin/page builders/ click home page and remove the music and/or video blocks from the home page.
that hides them from public view on the home page.

then you need to go to admin/settings/membership levels
and make sure the non-member see more has no music or video upload or playing permissions, just delete them on that membership level if they are there.

then make a text file called "robots.txt" and in it enter the following
User-agent: *
Disallow: /ray/modules/movie/
Disallow: /ray/modules/mp3/
Disallow: /ray/modules/music/
Disallow: /ray/modules/video/

this will stop your music movie and video files being indexed on google and all other search engines, place this file in the root of your dolphin folder
Trivium
ok,ty,
ive done all but the txt file thing,i dont know how to do that,can u help me?once again tyvm
Trivium
also,here is my url http://placidplace.net/community/
sammie
sure open notepad and just copy this in it and save it as robots.txt

User-agent: *
Disallow: /community/ray/modules/movie/
Disallow: /community/ray/modules/mp3/
Disallow: /community/ray/modules/music/
Disallow: /community/ray/modules/video/

then put that in your http://placidplace.net/

root folder on the server
shaneed
Guys, you are worrying for nothing. I use Dolphin for almost 2 years, and the first thing i was thinking was the copyright infringement . What Sammie have said is a partially good job to do. But this is not enough if you want to play safe. What i have to say, in addition to what Sammie said, is that i also removed the Embed and the file's URL field from the music/video files. This way you make sure that nobody will waste your bandwidth or embed it in some other sites. (that's considered as sharing)

And see more if it comes to troubles, (which i doubt in this case), then you are not directly responsible for what users upload, because you cannot check if the file is copyrighted. :) In this case, your videos/music files are not forwarded to anyone, but just for displaying purposes, and ONLY on your website, so you do not give the opportunity to your members to get you deeper into problems.

Take YouTube's example. I have seen many video copyright violating files, but they keep it on, until someone comes with a complaint followed by a proof that he has the rights over the file. And i don't think Mariah Carey can sue YouTube. It is also essential to add some lines explaining Copyright protected files terms, and then you can sleep well, protected by your TOS. Meanwhile you can see YouTube's TOS, especially from point 7 and 8. Perhaps you can inspire from their TOS. ( http://www.youtube.com/t/terms ) And there you go, add some lines about that in your TOS where your users are warned about it, even if most of them don't read it, you done your part.

And if it happens for you to be notified by someone claiming copyright infringement he has to come up with evidence. And what you can do in this case, you just delete the file as YouTube does, but only if you have to, sending a message to the user followed by an explanation, warning him or deleting his account, depending of your TOS. Simple as that, you stay clean as well as your website. :)
Trivium
tyvm both of you,cheers
Trivium
this is in our terms,so i think we are ok,
v. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
Trivium
this 1 is good too,
7) Copyright Policy.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Placid Place Community to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to Placid Place Community by the copyright owner or the copyright owner's legal agent. Without see more limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Placid Place Community's Copyright Agent for notice of claims of copyright infringement can be reached via email address.
shaneed
So that's it. :) But be careful with what you write in your TOS and read well if you copy paste too much, so that you can understand it also :D
Trivium
i didnt copy anything,it was preloaded.
also,i went into ftp,found the robots.txt file i created and copy to my public.html,is that correct?
and ty again
nurke
Ok for all those who spend hours and hours on blogs here and expertzzz....why cant you spend 10 minutes and find all needed info.
Let me go off.....

case 1

If I come to your site and just before I upload movie or Music file I click on "I agree" which basicaly says that I am the owner or have copyright....

So for you as the owner, you`ve got nothing to worry. You ARE NOT RESPOSIBLE for third party uploads. Plus you asked me if I have copyright before upload....so sleep thigt.
I see more really cant look for the title of the law explaining above mentioned.
No one can sue youtube for the very same reason. They do try but they end up paying youtube`s attorney fees for nothing....

Paste or edit below to fit your needs:
xxxxxxxxxxxxxxxx
Digital Millennium Copyright Act Notice

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site) and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If we remove or disable access to comply with the Digital Millennium Copyright Act, we will make a good-faith attempt to contact the owner of the material so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act.

Please refer to the following detailed instructions which must be followed to protect your rights under the Digital Millennium Copyright Act.

Infringement Notification
To file a notice of infringement with us, you must provide a written communication (by email or regular mail) that sets forth the items specified below.

Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material on our site is infringing your copyrights. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.

Your communication must include substantially the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

5. The following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law."

6. The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

contact info: so and so
xxxxxxxxxxxxxxxx

For all those who have adult web site there is 2257 right? Well it doesnt apply simply b/c its uploaded by third party. If you do make porno muvies and take picture of yourself and other people then, and just then yo uneed to comply by 2257.
If you need a hand paste/ edit bellow to fit your needs:
xxxxxxxxxxxxxxxxxxxxxx
Section 2257 Exemption Statement
All persons depicted on this Website were 18 or older when the images were created.

Exemption Statement - Content Produced by Operators:
With regard to all visual depictions appearing on this website, for which the operators of this website are "producers," such depictions are exempt from the provisions of 18 U.S.C. §2257 and 28 C.F.R. 75 because:

they do not portray actual sexually explicit conduct as specifically defined in 18 U.S.C §2256 (2) (A)(i)-(iv);
they do not portray depictions of the genitals or pubic area created after July 27, 2006;
they do not portray simulated sexually explicit activity created after the effective date of Title 18 U.S.C. §2257A; or,
they were created prior to July 3, 1995.
Exemption Statement – Content Produced by Third Parties:

<<bellow applies to everyone having music or video files>>>

The operators of this website are not the "producers" of any depictions of any actual or simulated sexually explicit conduct or any othercontent. To the extent that any such content appears on this site, the operators' involvement with respect thereto is limited to the transmission, storage, retrieval, hosting and/or formatting of depictions posted by third party users, on areas of the website under the users' control. Pursuant to Title 18 U.S.C. §2257(h)(2)(B)(v) and 47 U.S.C. §230(c), the operators of this website reserve the right to delete content posted by users which operators deem to be indecent, obscene, defamatory or inconsistent with their policies and terms of service.

Questions or comments regarding this Exemption Statement should be addressed to: so and so
xxxxxxxxxxxxxxxxxxx

I thing in this case , the only thing to wory is the storage size in your server. And paying more for more storage.
You also can add following link for them to get informed so they cant say ; OH I didnt know

http://www.copyright.gov/

Ok I hope this helps.
Nurke
tango3d
Thanks for all your input for which I am now much wiser.
 
 
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