Posting Mixes etc.

Hedge · 10 Oct 2006 at 11:26

Why arent we allowed to post mixes online?

I dont understand the difference between putting something up here for people to listen to, or burning it to a cd and sending it to nightclubs etc? Surely it cant be illegal.

Nursie · 10 Oct 2006 at 11:32

Unless the tracks were all made by you or you owned the rights to the tracks the mix would be illegal.

Hedge · 10 Oct 2006 at 11:40

I didnt think it would be that black and white

think im gonna look on the net for some facts too

Its a shame really cos i know people that can produce some great stuff and it would be nice for feedback etc.

Nursie · 10 Oct 2006 at 12:15

If you had the persons permission to use the tracks then that would be fine.

Proving you had their permission would be hard to prove.

Grrrrr · 10 Oct 2006 at 12:29

Pretty much every DJ, famous or otherwise, have mixes available for download on their website and pretty much every forum with a music section allows people to post their own mixes.

I think to the strictest letter of the law it's illegal but i don't think anyone within the industry sees it as a negative thing. If someone else uses your track in a mix it gains more exposure which in turn means there are a whole load more potential buyers. I think the number of people that choose not to buy a single because they already have a copy as part of mix is very low and the reality is they probably wouldn't have bought it anyway.

king_kenny · 10 Oct 2006 at 12:29

If you had the persons permission to use the tracks then that would be fine

But you can buy tracks in shops and online, so this would give you the right to use them, woudnt it ??? otherwise Everyone who plays artists tracks would have to have permission of the artist ? :confused:

Me no understandy

Grrrrr · 10 Oct 2006 at 12:30

king_kenny said:
But you can buy tracks in shops and online, so this would give you the right to use them, woudnt it ??? otherwise Everyone who plays artists tracks would have to have permission of the artist ? Me no understandy

I don't know the specifics but i think with 99% of music you buy in the shops (including vinyl) you have the licence for private listening only

king_kenny · 10 Oct 2006 at 12:37

I don't know the specifics but i think with 99% of music you buy in the shops (including vinyl) you have the licence for private listening only

Ooowwww well, There you go learnt somthing new !!!

Grrrrr · 10 Oct 2006 at 12:40

king_kenny said:
Ooowwww well, There you go learnt somthing new !!!

Don't take that as gospel but i'm pretty sure it's right, i've just been reading through CD inlays for more info and most of them say 'not authorised for public breadcasting, renting etc etc'.

Which kind of made me think, to the very strictest letter of the law is it illegal to play music through anything other than headphones in case someone else hears the music?

Nursie · 10 Oct 2006 at 13:12

Of the 4 music sites i regularly use all allow posting of "unlicensed" mixes. 1 however doesnt allow the posting of tracklisting for them.

I have known mixes to be removed from one of the sites because of the tracks that were used. The mix had tracks all from the same label and was removed at the labels request.

Could it in theory lead to a site being prosecuted for illegal distribuion of music?

benneh · 10 Oct 2006 at 14:55

Grrrrr said:
I think to the strictest letter of the law it's illegal.

Dont think thats right.

Nursie said:
If you had the persons permission to use the tracks then that would be fine.

Nor that.

Nursie said:
Unless the tracks were all made by you or you owned the rights to the tracks the mix would be illegal.

Nor that.

My understanding of it is that once the DJ has played the tracks and mixed them, they become a live performance, and can be legally recorded and posted. I could be totally wrong though, seems to be a big grey area.

glitch · 10 Oct 2006 at 16:10

benneh said:
My understanding of it is that once the DJ has played the tracks and mixed them, they become a live performance, and can be legally recorded and posted. I could be totally wrong though, seems to be a big grey area.

Copyright of the individual tracks is still owned by the label and/or artist(s) in question. The DJ has the copyright of the mix itself but would need to have express permission from the labels/artists involved to stake any claim to that performance. Money could only be made from the sale of that mix if the record labels and artists involved were getting their cut.

Most record labels and unsigned artists see mixes as being 'free' PR. They generally won't mind unless money is being made from the performance, in which case they will want their pound of flesh. And I've also seen a fair few mixes being taken down on the requests of the record labels when the mix was entirely comprised of the output from one label.

Hedge · 10 Oct 2006 at 16:21

If i posted a link to a mix i have uploaded... only i would be in trouble because im the one hosting it for example

i cant see how overclockers would get into trouble because i linked something.

bummer

glitch · 10 Oct 2006 at 16:24

Because it would effectively be contributing to the distribution of copyrighted material.

Rotty · 10 Oct 2006 at 17:31

Posting a mix or a link to a mix is technically illegal or at very best an extremely grey area, anything that breaches copyright is not allowed on here

Other forums may allow this but other forums allow many illegal or borderline things, this site is affiliated with a legitimate commercial business and obviously cannot be seen to condone such things

hope this helps clarify things

obvioulsy if the mix is of your own music or something that have copyright permission for distribution then posting it would be fine

Zefan · 10 Oct 2006 at 17:54

Hedge said:
im the one hosting it for example

i cant see how overclockers would get into trouble because i linked something.

They'd be hosting the link.

"andy" · 10 Oct 2006 at 19:53

theres something to do with not posting the tracklistings that makes it dodgily legal but as said its a pretty grey area

those looking to leggally download djs sets you can get podcasts of many well known djs on itunes

just cant share our own

glitch · 10 Oct 2006 at 20:51

It really isn't a grey area, it's completely against copyright law. It's just not enforced in the overwhelming majority of cases because it's A) not cost-effective to do so, and B) seen in most cases as free publicity.

If I write a track, release it and hear it being included on various mixes then I'm happy it's getting out there. Hopefully that's then going to lead to record sales as a result of people hearing the track being played. But if I hear my track on a mix that you have to pay to listen to (buy CD/download/whatever) then I'm due royalities from the sale of that mix - as are the other artists featured.

krooton · 11 Oct 2006 at 14:13

Rotty said:
Posting a mix or a link to a mix is technically illegal or at very best an extremely grey area, anything that breaches copyright is not allowed on here

Other forums may allow this but other forums allow many illegal or borderline things, this site is affiliated with a legitimate commercial business and obviously cannot be seen to condone such things

hope this helps clarify things

obvioulsy if the mix is of your own music or something that have copyright permission for distribution then posting it would be fine

Another forum I am on works around this by only allowing us to link to an external page where the file can be found, but not a direct link to the file.

This puts any copyright responsibility on the hosting website, not the forum.

KaHn · 11 Oct 2006 at 18:00

krooton said:
Another forum I am on works around this by only allowing us to link to an external page where the file can be found, but not a direct link to the file.

This puts any copyright responsibility on the hosting website, not the forum.

Still a very big grey area.

KaHn