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legality of owning EM's??
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| Terrorsmurf |
Hi I would like to know if it is legal to own EM's b/c I have never seen them on sale anywhere and I looked on the BBC EM page and I couldn't find anything there about buying an EM.
I would also like to know how you can legally own sets of artists such as PvD or Oakenfold. Would donating money to the artist be sufficient or what?
Any help on the matte would be appreciated. Thank you. |
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| Dmatrox |
| thats a good question and i dont know the entire legalities of it. I guess it falls under 'obtaining radio broadcasts' or something like that. |
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| Floorfiller |
this is how it breaks down...
can you own them? yes. if you download them for your own personal use that's great. i consider it similar to recording a movie off of tv. and if anyone posts that you can't blah blah blah...well...the reality of things is different that the legal end. downloading live sets is supported by djs...if they don't want you to have the set, then they won't let the radio stations broadcast them.
can you sell them? no. you can share them all you want, but you can't sell them on like Ebay or something (i know that you'll see people doing that, but they aren't supposed to). the broadcast is property of the radio station and you can't sell that or rebroadcast it on your station without their permission. that might sound a little contadictory to what i said in the first paragraph, but trust me...you can download them and no one is gonna care...most major djs encourage it.
as far as the money to djs for livesets. No. if a dj does say an EM, they are getting paid by the club. people like armin that do the show for free...they really just want to get publicity and enjoy doing it so don't worry about paying djs...if you want to pay them...go see them when they come to a club near you and buy their albums...i'm sure they would appreciate it. |
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| keithos27 |
| quote: | Originally posted by Floorfiller
this is how it breaks down...
can you own them? yes. if you download them for your own personal use that's great. i consider it similar to recording a movie off of tv. and if anyone posts that you can't blah blah blah...well...the reality of things is different that the legal end. downloading live sets is supported by djs...if they don't want you to have the set, then they won't let the radio stations broadcast them.
can you sell them? no. you can share them all you want, but you can't sell them on like Ebay or something (i know that you'll see people doing that, but they aren't supposed to). the broadcast is property of the radio station and you can't sell that or rebroadcast it on your station without their permission. that might sound a little contadictory to what i said in the first paragraph, but trust me...you can download them and no one is gonna care...most major djs encourage it.
as far as the money to djs for livesets. No. if a dj does say an EM, they are getting paid by the club. people like armin that do the show for free...they really just want to get publicity and enjoy doing it so don't worry about paying djs...if you want to pay them...go see them when they come to a club near you and buy their albums...i'm sure they would appreciate it. |
that is how i view it... downloading is helping to promote the djs and the artists they spin... as long as it's not for profit, don't worry about it.
oh and i have seen one or two essential mixes for sale on cd by radio 1 (i think) but they were more house or something... nothing you would probably be into. i think floorfiller covered all of the bases.
-keith
note: i am not an attorney, and this is in no way legal advice. :D |
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| Spin Doctor |
| With specific regards to EM’s, though technically I guess they’re illegal, Greg Dyke, the then Director General of the BBC said ages ago that the whole BBC archive would be opened up so if you’ve got gigs of EM’s I wouldn’t panic. Plus Tongy has talked about "accidentally recording" on several occations! ;) |
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| Tranc3 |
| quote: | Originally posted by Spin Doctor
With specific regards to EM’s, though technically I guess they’re illegal, Greg Dyke, the then Director General of the BBC said ages ago that the whole BBC archive would be opened up so if you’ve got gigs of EM’s I wouldn’t panic. Plus Tongy has talked about "accidentally recording" on several occations! ;) |
Aye...before freshlymixed became a subscription service to pay for bandwidth, I used to use them a lot and watch what was going on, management-wise. Apparently it IS illegal to rip, download, share, or posess any liveset recorded off the radio (Not sure if it applies to other mediums). It's like recording stuff off T.V. All those southpark episodes that I get off the net are illegal, but I believe the television industry as a whole has finally come to terms with it.
About the "accidentally recording" thing, I know for sure that he says it on BT's 1997 EM if any of you want to check that out. |
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| Nell |
| quote: | Originally posted by Floorfiller
as far as the money to djs for livesets. No. if a dj does say an EM, they are getting paid by the club. |
not quite.
when a DJ does an essential mix they are not being paid for the mix itself at all. the DJ is invited by the BBC to do the mix for radio 1. Sometimes livesets are broadcasted and so obviously.. yes they are probably being paid by a club. BUT look for example at armins essential mix. it was pre-recorded and so no money went his way. |
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| DaveT |
Actually, in the US at least, if you get real technical with the law, you cannot share live sets or anything recorded off the radio.
Why? Because distribution is a form of rebroadcasting, and it doesn't matter if it's free. Most legal lines will say, "Any distribution or rebroadcasting of so-and-so withough expressed written permission is prohibited..."..you hear this a lot at the end of sporting events just so they are clear. Note that they don't have to say these statements, they are considering "Reminder statements" by law...and you using the excuse of you never saw anything that said you couldn't do it in court will not hold up. Just like the FBI Warning screen on DVDs -- those aren't required or anything, the movie studios just add it as a reminder.
You can record for your personal use and your personal use only. No sharing.
It's actually very similar with other mp3 tracks. A lot of people (in the US) believe it's perfectly legal to download mp3s and that it's legal to have them as long as you own the CD (some people don't know how to rip the CDs) under the law that says you are allow to have one backup of any media you own legally. BUT, when you get deep within the laws, you will see that it's only legal if the copy you have is a copy YOU backed it up YOURSELF and did not receive from anyone else. So if you rip an audio-CD to mp3 as a backup, that's perfectly legal. But if you download the mp3s from somewhere even if you own the actual CD, it is an illegal backup. |
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| DaveT |
| quote: | Originally posted by Nell
not quite.
when a DJ does an essential mix they are not being paid for the mix itself at all. the DJ is invited by the BBC to do the mix for radio 1. Sometimes livesets are broadcasted and so obviously.. yes they are probably being paid by a club. BUT look for example at armins essential mix. it was pre-recorded and so no money went his way. |
Not sure how it is outside the US, but here...when a radio station plays a track that's tied to some label/RIAA in some way, they usually have to pay a small fee (a couple of cents per listener I believe) to that label/group/whatever...basically, paying a fee to license the music for airplay. It's been around eight years since I had to deal with the laws here in the US regarding music licensing fees and such, so things could have changed...
Anyhow, even when it comes to DJ mixes, if a track is played over the airs, the station probably still has to pay the small licensing fee if a track is represented.
Dave |
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| caddyshack |
| in US you can't record the radio, but no one (artists, riaa) would know or care. livesets are the same way i'd think. plus i doubt the riaa could do anything since livesets arn't copyrighted |
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| slinkyhead |
| legal for us brits coz we pay your license fee but illegal for u others |
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| Terrorsmurf |
couple conclusions I'm making:
1. Live Sets and EM's aren't copyrighted and they don't ever go on sale, therefore there is no such thing as an "illegal" copy since there are no "legal" copies??
2. Recording music off the radio is "illegal" in the U.S. but if its a foreign radio station like the BBC the rules don't apply??
3. Now assuming 1 & 2 are legal in itself, it is legal to own a copy of an EM or Live Set, however sharing it over a medium (Kazaa, DC) is illegal because you are redistributing it??
I have another interesting question. How legal is it to even use a file sharing client like DC or Kazaa to obtain possibly "legal" copies of EM's?? Isn't that "illegal" in itself?? |
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