Liability & Legality

**muzicera** · 04-29-2009, 11:19 PM

Hi,
I would like to know if I'm doing something illegal by streaming music on my site from other sources.
I have created few mp3 players that can stream any mp3 file on the net. In order to promote them I've put some of the players on my own site and I used an mp3 search engine( mp3raid.com) to get the mp3 files to play on my site.
I play tracks by any artist I like e.g Enya, Dj tiesto, Cold play ...etc.

So am I doing something illegal (you can check my site to know better : http://www.muzicera.com ) ?

If it is illegal then is there any way around it ?

**monitorporn** · 04-30-2009, 01:04 AM

As long as the files are not hosted on your server you should be ok.
But you should comply with the DMCA and remove links that lead to copyrighted material
keep in mind that you should talk to a paralegal and not depend on what someone tells you in a forum
Also laws are different in different countries . The laws in the UK may not apply in the US
So you need to know where your server is located and do research and get legal advice as needed.
you will need to keep up with the laws as well what is legal today may not be legal the next day
Good Luck

**willcode4beer** · 05-22-2009, 12:49 PM

actually, if you are streaming the music, you are distributing it. You are directly open to liability.

I work with the major labels on a regular basis and I'll tell you, it sucks. They are exceptionally greedy and difficult to work with. They mostly have a sue first and ask questions later policy.

Since your goal is to demo the player, I would recommend you get tracks licensed under Creative Commons. The audio side of their site can get you started.
You can also google for correctly licensed content.

**wayfarer07** · 05-27-2009, 12:35 PM

Pandora pays for every single song they play. Yeah, it sucks.

**legallink** · 08-11-2009, 05:11 PM

This depends a lot on how your service operates, the MP3's it is streaming, etc. Are you doing something illegal? It all depends on the files being played. I don't know MP3raid very well, but essentially, you are expecting them to make sure that any mp3's being played are not breaking copyright law.

As to whether you are a distributor or content provider, as implied by willcode4beer, I think you have a few different considerations, as you aren't actually providing the music per se, but are using a file provided by another site.

what you may want to look out for is that you are using Artists names one your site, indicating that you are playing their music and are allowed to legally. That will get you in some hot water.

**bigcat1967** · 03-10-2010, 03:39 PM

Quote:

actually, if you are streaming the music, you are distributing it. You are directly open to liability.

Agreed. Didn't Metallica start suing like crazy for something like this years ago? Maybe that was with Napster or whatever...