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-- Piracy laws w/ live sets??


Posted by stringfelowhawk on Dec-12-2002 05:19:

Piracy laws w/ live sets??

Ok, my school recently cracked down on pirated mp3s and made everyone delete them... even seized a few of the major offenders' computers. Obviously with single tracks that are on an artists album, legally you must buy the album to have the rights to own the mp3. However, does anyone know how these laws apply to live sets? My thinking is that since they are usually just recorded at the venue or via internet radio, and most aren't available to purchase on a CD for example, it would be ok to have them as the artist can control who records his sets. Anyone have any concrete ruling on this? Thanks.


Posted by arj1o1 on Dec-12-2002 07:05:

i thin k they're illegal too, the songs the dj plays in the set have copyright on them, even if they're mixed!


Posted by Spin Doctor on Dec-12-2002 11:37:

Indeed they are illegal. However the school wont be too clued up on the legal technicalities of DJ Sets/Live Broadcasts so I�d try bluffing them, making up some overly technical response and saying that live sets are ok. You�ll probably get away with it if you keep your cool.


Posted by webmeister on Dec-12-2002 13:07:

Yeah live sets are legal for the DJ as a nightclub is still considered "private"

But to distribute without the original material is illegal. According to record companies anyway


Posted by stringfelowhawk on Dec-12-2002 14:29:

That's kind of shitty considering there is no way you can buy the sets. Lord knows I would for some sets out there.


Posted by MisterOpus1 on Dec-12-2002 14:31:

What do you mean by your school cracking down? Is it high school, or college? Is the computer yours, or the school's property? If it's not yours, then technically they can take off anything they deem offensive at any point in time. If this is your computer, and unless you have child porn or something prosecutable like that on your computer, then you can kindly tell them to shove a finger up their bunghole, legally speaking of course.


Posted by stella on Dec-12-2002 14:45:

Legally speaking it is illegal to copy/own/distribute live sets. Just as it is to record TV to tape and copy/own/distribute.

The school is acting within the law. As a school they are vicariously libal for the actions of it's students and their use of the computer systems provided for educational purposes. If they don't take actions to prevent downloading, distribution and the storage of any copyrighted material then they are consenting to acts of piracy and are again liable. (oh and if they ask or tell you to download copyrighted material, this is then connivance and are liable again)

While you identified MP3's music. This should also include all things like video clips, images, e-book, fonts, software etc.

Stella


Posted by stringfelowhawk on Dec-12-2002 14:46:

quote:
Originally posted by MisterOpus1
What do you mean by your school cracking down? Is it high school, or college? Is the computer yours, or the school's property? If it's not yours, then technically they can take off anything they deem offensive at any point in time. If this is your computer, and unless you have child porn or something prosecutable like that on your computer, then you can kindly tell them to shove a finger up their bunghole, legally speaking of course.


Oh how I wish I could. Unfortunately for my musical interests, I go to West Point and they pretty much can dictate stuff like that cuz it's on a government network and they have all rights to starve my music fancies.

I see your from Kansas City, I'm from St. Joe (just an hour north) but go to school out here in NY. I'll be home from Dec. 23- Jan. 3rd, don't know of any parties going on back in the area do ya?


Posted by stringfelowhawk on Dec-12-2002 14:50:

quote:
Originally posted by stella
Legally speaking it is illegal to copy/own/distribute live sets. Just as it is to record TV to tape and copy/own/distribute.

The school is acting within the law. As a school they are vicariously libal for the actions of it's students and their use of the computer systems provided for educational purposes. If they don't take actions to prevent downloading, distribution and the storage of any copyrighted material then they are consenting to acts of piracy and are again liable. (oh and if they ask or tell you to download copyrighted material, this is then connivance and are liable again)

While you identified MP3's music. This should also include all things like video clips, images, e-book, fonts, software etc.

Stella


what is that pic in your avatar from? very cool picture


Posted by stella on Dec-12-2002 15:00:

sorry, dunno, I downloaded it of a softcore models site. it's a cool pic though I've clipped it down quite a bit. pm me your email and I'll send you the full size unclipped pic.


Posted by MisterOpus1 on Dec-12-2002 15:14:

quote:
Oh how I wish I could. Unfortunately for my musical interests, I go to West Point and they pretty much can dictate stuff like that cuz it's on a government network and they have all rights to starve my music fancies. I see your from Kansas City, I'm from St. Joe (just an hour north) but go to school out here in NY. I'll be home from Dec. 23- Jan. 3rd, don't know of any parties going on back in the area do ya?


Sucks about your school. I can understand though. In terms of parties, not much to ride home about. Dec. 21, a place called the Kabal is having Astroglyde late night from 3-6 AM, although that's before you're coming. Christmas night, Club XO is having Christmas Massacre II. Local DJ's, plus jungle DJ ODI from NY. You can check it out here:

Christmas Massacre II

For NYE, no one knows really what's going on. Nothing organized. I'll likely be going with the Mrs. and friends to either Aqua to hear Steve Thorell and DeMatteo, or nothin' at all. Really wanted to roadtrip to St. Louis to see Dave Aude at Velvet spinning DJMixed.com's newest live mix CD, but don't have the $ for that. Went to his show in St. Louis 2 yrs. ago for NYE, and it was incredible. Worth the measly $40. Get there if you have a chance. I think tickets are still available. You can check it out here:

Club Velvet - St. Louis

Hope that helps.


Posted by Swamper on Dec-12-2002 16:04:

It's pretty much a grey area - were it not for the livesets in mp3 format the majority of us would not really have a clue who these DJs are or what they spin - not to mention we wouldn't really know what track was what as easily - and in turn there would be little demand for them (especially the newer DJs without popular albums/compilations) to come from overseas and spin a gig.

Then you have people like this selling sets on Ebay and getting away with it.


Posted by Keown on Dec-12-2002 21:35:

quote:
Originally posted by stringfelowhawk
That's kind of shitty considering there is no way you can buy the sets. Lord knows I would for some sets out there.




MMMmmm, the record companies would probably expect your to actually own all the records from a particular liveset for you to have it stored on your computer

quote:
Originally posted by Swamper
Then you have people like this selling sets on Ebay and getting away with it.



Ripping poor people off, who could easily d/l the set themselves


Posted by DanceresortUK on Dec-12-2002 22:02:

if the live set is played over a radio, the Statio that broadcast it is the owner, copyright laws state that you can record anything (TV or Radio) but still remains property of the given broadcaster. you are then allowed to play this back once, and it must be deleted or destroyed (depending on what media it is recorded on)

therefor any set that is recorded, should not be distributed or kept by anyone.. but hell everyone does it!! so there is no way one earth i am gonna stop!!


Posted by Technaut on Dec-12-2002 22:33:

right i know its illegal and all that,have known this for years.

however, why the fuck do they sell blank tapes, minidiscs, videos etc ??

some smart arse is gonna say its to "record your own work", but lets be honest the market for blank media is huge and if they wanna crack down on piracy, would that not be a good place to start..no?


Posted by stella on Dec-12-2002 23:26:

quote:
It's pretty much a grey area - posted by swamper


Sorry mate, but without the express permission of the copyrighted material owner, and this extends beyond music / mp3's, any storage of (both online, offline and archived), duplication or distribution of is illegal. While the performer (DJ) or venue has a licence to broadcast/play in public copyrighted material, which they pay for, it does not extend to allowing further copying and distribution.

While I agree with your argument, most people will have material that they normally would not have purchased or ever heard, the law is pretty much well black and white in this area.

DJ's may well want as much air play as possible of live sets but this is down to most DJ's are writers or producers and they are plugging their own material in their sets. It's the song writers and record companies loosing money and it's the record companies that are shutting down web sites and taking legal action against distributors and this is backed by the original artists. Let's face it, if Armin wanted free distribution of Yet Another Day he'd release it through a free mp3 distribution service not on copyrighted CD or vinyl.

A point of interest for UK TA's the Copyright, Designs and Patents Act 1988 has been extended in 2002 and gives the police powers to seize any equipment believed to be used in the storage, duplication and distribution of copyrighted material. Also the prison sentence for Copyright, Designs and Patents infrigment has been increased.

Ignorance is no defence in law neither is poor legal advice from people who do not know but are speaking from personal opinion.

Sorry for rattling on, I don't work for a record company but knowing copyright, designs, patents, trademarks, data protection, regulation of investigatory powers, human rights etc. is part of my job.

quote:
but hell everyone does it!! so there is no way one earth i am gonna stop!!


My advice would be to seek information for the country you're in as to your liabilities, (fines, imprisonment etc.) for copyright infrigment. Then it's up to you.

The next step for organisations like th RIAA is to crack down on the person using the peer-to-peer software to distribute and copy not the software writer. Think about it, the police never prosecute the manfacturer of the gun... just the person who pulls the trigger.


Posted by stella on Dec-12-2002 23:40:

quote:
however, why the fuck do they sell blank tapes, minidiscs, videos etc ??


Technaut, the answer to this is the revenue the government make on these sales. This is why they don't proactively prevent or enforce piracy but leave it down to the company, organisation or person to pursue legal action against violators. Oh and it'd cost the government money to make the prosecutions.

Just think what would happen if they they proactively prevented the sale of cigarettes?? On the hole the health of the populous would increase, there'd be a black market trade of cigarettes, but the government would loose 100's millions...


Posted by libra_1143 on Dec-13-2002 00:39:

quote:
It's pretty much a grey area - were it not for the livesets in mp3 format the majority of us would not really have a clue who these DJs are or what they spin - not to mention we wouldn't really know what track was what as easily - and in turn there would be little demand for them (especially the newer DJs without popular albums/compilations) to come from overseas and spin a gig.


Aye... Can't remember if it was Armin or Tiesto who said that he wouldn't be famous if it wasn't for illegal sharing on the net. Think it was Armin.



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