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-- a legal issue (little off topic)


Posted by Trance4Ever on Jan-01-2001 09:55:

short question:
is it legal to download livesets in mp3 from the internet? or are they copyrighted in one way or another? i mean ... it's the only way to get your hands on them :-)


Posted by Widget on Jan-01-2001 11:28:

I was wondering the same thing.
Considering the live sets (at least most of them) have never been put onto CD, it's not like you're actually ripping anything.

There isn't actually an original CD for all to buy.
So I'd think it would be fine, it gives the djs a bit more of a widespread reach, i.e. more popularity, so you'll buy cds which they mix. Also, it's not like they or their publishers are losing any proceeds or cash influx.

Take me for instance, I've never heard of or heard sets by many of the dj's up on this site, however after listening to them, I'll be damn sure to go and buy some of their mixed cds & to see them if they play live here anytime.

However, I'm sure publishers may object to something, unauthorized recording?? who knows. ULtimately a grey area I'd think, but I think the same of mp3's to an extent.

My couple of cents/rands/dollars worth.

- Widget


Posted by Trance4Ever on Jan-01-2001 11:48:

some more ideas ..

when you tape a live set from the radio i can tell you for sure it's legal. that's because you pay $$$ for your tapes which are taxed with authorsmoney..
but what if you download them to your harddrive?

as for me .. i'm from the netherlands. listening to some live sets of american dj's (not performing a lot over here) i get hooked on to their music and start searching/buying more.

as said before it does good to them .. but how do webhosting provders think about people downloading these 'legal' mp3's?


Posted by toaster on Jan-03-2001 00:22:

I've been thinking too...
cause if they aren't illeagal, i could just upload them in to our server. What would be nice


Posted by JdDark on Jan-03-2001 00:45:

A friend called once to ask his internet provider if the livesets he downloads from the internet is illegal in anyway, his reponce was that it's illegal though they aren't on cd.
So I don't know if its true or not.
But I don't care, I won't stop downloading the sets on this site and others.

C ya


Posted by Joel Fielder on Jan-03-2001 10:32:

In Britain at least:

When a DJ plays anywhere, the venue has to have a broadcasting license and have to report what they play to the MCPS and royalties are paid to the copyright owners (ie the record company). When you record off the radio or a liveset or any broadcast, you are therefore recording copyrighted material which is illegal unless you have explicit permission from the copyright owner.

However, dance music labels understand that any play is good exposure for their label and will make them money. Since most of their sales go to DJs anyway, they lose no money but gain reputation amongst DJs for being popular with clubbers. I wouldn't expect Judge Jules to be knocking on your door asking for your mp3 collection any time soon!


Posted by Widget on Jan-03-2001 11:24:

Although it could be kinda cool, to have the Judge knocking on your door, whether it was for you mp3's or not.

Maybe you could persuad him in for a drink or a cup of tea...

A little off the topic though - sorry


Posted by ohm on Jan-03-2001 14:04:

Aren't the broadcast programs themselves copywrited? Kind of like the disclaimer at the end of a football game: This program is the property of the NFL and any rebraodcast bithout the express written consent of the NFL blah, blah, blah.

Of course I wouldn't let that stop anyone. As Joel Fielder said, it's good exposure for the record label, the DJ, the original producer, and even the station broadcasting.


Posted by Widget on Jan-03-2001 14:44:

Yes it's good exposure for the record label & excellent for the dj, but is it completely legal.

ONe of the reasons, I'd really like to know, is because I'm helping redo a digital audio making site (I'll post details once it's ready) & if it's legal, I'll gladly supply space & bandwidth for the download, however I'm going to be heavyily involved with the local disty's for tha "BIG BOYS", i.e. cybase, cakewalk, logic as well as many dj's.
If it ain't legal, they won't be impressed. However if it is ....

Anybody a lawyer on these forums ????


Posted by Speedy2k on Jan-04-2001 00:38:

Ok it is legal to record for yourself but it is illegal to distribute without permission.

Damn soon you will need permission to walk outside.

This world is starting to have too many damn rules. Freedom :-)


Posted by Joel Fielder on Jan-04-2001 11:12:

It's not legal to copy for yourself unless you own a licensed copy. You're then allowed to make one copy for personal use. This is the only legal copy you can make without permission - everything else is illegal.

Broadcasters either obtain a license to play copyright material or buy the copyright. Originally, copyright is owned by the production company that made the programme.

So Widget, you need a license to play copyright material, anything else is owned by you and you can distribute as you see fit.


Posted by trancaholic on Jan-04-2001 14:52:

Interesting topic, this one. I think that you're going to get as many different answers to this as there are people on the board. In Denmark, for example, we are not allowed to make *any* kind of digital copy of music. Not even for your 2nd home or your boat/car etc. Even the members of Aqua is not allowed to copy a Aqua-CD for themselves.

So my advice for you is that you try posting in a newsgroup like mycountry.law.copyright where there's bound to be people who knows these things.


Posted by [A|ienFactory] on Jan-04-2001 15:32:

I could definitely agree with Speedy2K!

You know,the music industry was scared to death in the early seventies by the recording tapes that Philips distributed back then.They became popular as hell and are in huge use still today.But the music industry hasn't died?!

So,why the hell are they attacking mp3 users today.
Piracy has allways existed!In Yugoslavia,Croatia,Bosnia and parts of Russia and Poland,you can't find a single one original CD copy.

Anyway,if the live set isn't legaly distributed on any CD,there is no no reason to claim that it's ilegal to distribute it and copy in mp3!


Posted by Joel Fielder on Jan-04-2001 17:21:

It doesn't matter whether it's been released on CD or not - it's still copyright material. Someone somewhere still has the master copy.

About audio cassette and mp3, I agree with you, although since mp3 can reach a much wider audience (ie everyone with an internet connection) so it poses a much greater threat to the record companies.

Digital copying is a big issue as the internet becomes faster - since with digital copying there is no loss of quality (assuming you use the same protocol). mp3 is not much of a threat in this area since the quality is appalling compared to CD. As the quality gets better, the threat will grow.

A lot of people are doing research into watermarking audio on the internet and this could prevent a certain amount of piracy on the internet - however as soon as audio becomes analogue in the signal chain, it can be copied.

It is therefore impossible to prevent piracy since someone somewhere will take an analogue copy and then post it without watermarking.


Posted by [A|ienFactory] on Jan-04-2001 18:20:

Universal has actually invented some kind of a digital water mark,to be used on Promo CDs...for tracing mp3s.
Nothing that can't be cracked...

(I agree 100% with you,Joel Fielder!)


Posted by Widget on Jan-04-2001 19:25:

The thing that the publishing companies don't seem to understand, is that if someone can create a copyright / watermark for it - someone can then uncreate it.

Generally speaking nothing is secure. Look at how MS hyped the watermark on WMA, there was a crack out within 5 hours (or so).

There needs to be found some sort of way to legally embrace mp3.

It really is a pity that the mp3 mixes are illegal, even if there is no original CD. But that is what I thought might be the case.

Even though the dj may not object, the publisher / producer might. It would be interested to get a dj's view.

Speedy2k, aren't you buddies with one of the dj's, Fuzion??
Ask him?

Otherwise I'd be interested to hear the opinion of a dj who is already big - on his mixes being distributed, anybody know one?



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