Selling mixtapes is different than handing them out for promotional use. I remember hearing about the dj shops in Toronto getting busted for selling mixtapes awhile back and I've heard about clubs or djs getting busted for not paying public broadcast fees for a paid gig but I've never heard of someone getting prosecuted for giving away free mixes labeled "for promotional use only". If you are running a commercial site with advertising that would be a different thing of course.
I recommend checking out stanford law prof Lawrence Lessig's writings or talks for a fascinating look at the strange world of copyright law in the digital age (check out his breakdown of the legality of google books online at google video). Quoting [EMAIL PROTECTED]: > > > > > >So I suppose it comes down to a peer review again. Since as far as I know > >no one has ever been prosecuted for handing out Mix tapes. > > Er, no, that's not true. > http://www.downhillbattle.org/interviews/neil_armstrong.php > > GINO: Are you ever worried about being sued for the stuff you've used in > your CD's? > > NEIL: To answer your question, about whether or not I'm scared about > getting sued? Yeah, I am. BUT MY MIXTAPES ARE PROMO ONLY. > > GINO: Its crazy man, some kid in Australia was threatened with jail time > for making some mix tapes. They've been cracking down on mix tapes in other > places around the world. > > NEIL: Yeah, most definitely. Even here in NYC, its not the same as it used > to be. > > GINO: Really, how is it different? Is it stricter? > "If you call a store, and ask them, 'Do you sell mix tapes?' they will > always say no, even if they do." > > NEIL: Very very much so. Don't get me wrong; people still sell them out > here, but it's different. They don't display them out in the open. If you > call a store, and ask them, "Do you sell mix tapes?" they will always say > no, even if they do. > > MEK > > > > Simon Kong > <[EMAIL PROTECTED] > e.co.nz> To > 313@hyperreal.org > 04/09/06 06:24 PM cc > > Subject > Re: (313) New Mix & Podcast . legal > infos > > > > > > > > > > > > > You can also DL the mp3, you don't have to subscribe to podcast if you > > don't want to. > > > > And the crucial tracklist: > > Hey . all . > > (Adam this is not about your mix . .. just the whole area of net casts) > > Just wanted to ask the opinion of the list ' regarding the net casting > of > copyright (techno) musics ? > > I know that technically it is illegal ' in that you need the > permissions of > the artists to publish their music .. etc. However the "DJ Mix" has > always been this promotional gray area for publishing copyright music. > > Now that we have entered the net-casting ' pod-casting era .. it > changes > the dimensions a bit, from a DJ handing out a Mix tape/CD to promoters > and friends to the broadband access of many. > > So I suppose it comes down to a peer review again. Since as far as I > know > no one has ever been prosecuted for handing out Mix tapes. > > So does anyone mind the publishing of Techno mixes online ' > > Are the rules for making this okay ' that you publish a Tracklist and > Links to > artists pages where applicable? > > What if the site you are doing it through is making revenue from > advertising > on the hosting page? > > Obviously in the world of the net you can just do things, and get away > with it. > > However here in NZ . our longest running Techno radio show the Stereo > Nasties > just got axed. So we are considering net casting the show instead and > would > hate to upset people or step on toes by publishing copyright music > online in a > DJ mix format, while making some revenue in return for hosting the > show. > > Are there any legal standards for this? Are there any community > thoughts about > this ? Are there any label or Artists on the list who have views about > this ? > > In one sense its no different from music played on a Radio Station ' > except the > Internet is different and highly undefined > > Is it streaming vs downloading ?! Any input appreciated .. > > > .simon > > http://obscure.co.nz/profiles/steronasties > > > > >
