Legalities of a Company Sponsored MP3 Repository? 116
An anonymous reader asks: "At our company numerous people store MP3s on their local hard drives. Because we don't allow MP3's through email, and peer-to-peer file sharing programs, practically all of the MP3s are ripped from CD in the office. What is the liability for the company if it were to allow employees to place all ripped MP3s in a central location, that any employee could access? There would be practically no way to distribute the MP3s outside of the company, and it seems that this would be a legitimate practice that shouldn't open the company to liability (equivalent to providing the CD to a coworker). I'm wondering because I'd like to use this as a morale-booster at our company. I'm worried about the company being liable in some way as it would be company-supported. Does anyone have any feedback or experience with this?"
Re:It is all fair use (Score:1, Informative)
Read title 17 yourself, you fucking moron. Or, even better, since you're clearly too much of a simpleton to understand the law as it's written, read this page [templetons.com] instead. Especially this part:
Re:Read what you said (Score:1, Informative)
WHAT? I knew you were too stupid to read and understand the law, but I didn't realize you're too stupid to read and understand a second-grade-reading-level explanation of the law, too.
YOU ARE NOT ALLOWED TO COPY COPYRIGHTED MATERIALS. At all. Period. Under any circumstances. EXCEPT for those particular classes of use which are defined by the statutes to be non-infringing. Making a copy of your own CD, which you purchased fair-and-square, to list
After extensive research... (Score:5, Informative)
(note: you can find all these articles by typing "RIAA" into the search box at the bottom of this page)
The company is liable (Score:4, Insightful)
Re:The company is liable (Score:3, Funny)
Sheesh, the lack of common sense this in this question is startling.
Everything will be dreamy.... (Score:3, Interesting)
I doubt it's legal (Score:2)
If it were played in a form, simliar to a radio, that everyone listens at once or not, like a broadcast, that might be more legal.. but even then.
'sides.. go ask a lawyer.
Re:I doubt it's legal (Score:2)
The company could do the streaming broadcast, but would have to pay royalties. Unless they gave every employee the same set of CDs. That would certainly be a morale booster!
Re:I doubt it's legal (Score:1)
Re:I doubt it's legal (Score:2)
Re:I doubt it's legal (Score:1)
Playing to the public would be public performance. Don't think that really applies to playing music within a Private place such as an office
Sorry (Score:3, Insightful)
Kinda ridiculous, no?
Re:Sorry (Score:2)
Kinda ridiculous? No.
Though most Slashdotters seem to either (1) be unhappy about this, or (b) be in denial of the fact, distributing copies of copyrighted music is against the law. A company that facilitates the distribution of copies of copyrighted music is just begging to get sued. And when they get sued, they're going to lose big.
Re:Sorry (Score:1)
Re:Sorry (Score:2)
Re:Sorry (Score:2)
I remember similar software that Kinko's used to have on their self-serve DTP machines... they might only own 4 copies of Photoshop, but had crippled copies installed on all their machines. On launch, a temporary key was given, as long as there were not already the maximum number of copies running.
Re:Sorry (Score:3, Interesting)
Re:Sorry (Score:2)
It *is* possible for more than one person to listen to a CD at a time. For example, I could sit in one cube and play a CD at loud enough volume for the person in the next cube to hear the music as well.
Then why don't they do that? If their motives are to facilitate anything other than just that model of use, they're on shaky
Re:Sorry (Score:3, Interesting)
Because in the modern era, we have technology that can allow customization. Not everyone likes the same music. If the purpose is to increase moral, you're not going to do that by playing classical music over the PA when many in the company hate classical (unwashed swinely masses).
As I understand this scheme, it would not allow for the distribution of copyrighted music. It is completely internalized within the company. Furthermore, I believe this guy is thinking of setting up
Re:Sorry (Score:2)
It was a rhetorical question.
As I understand this scheme, it would not allow for the distribution of copyrighted music. It is completely internalized within the company.
It absolutely would allow for the distribution of copyrighted music. If I have read-access to the file server, I can copy the files off of the server. That's distribution.
Furthermore, I believe this guy is thinking of setting up a streaming system, which i
Re:Sorry (Score:2)
Copyright only covers public distribution of copyrighted materials, not private. If I have a family of 5 people, and set up a server in my house to serve each of their computers music upon request, that is covered under fair use. Likewise with this corporation.
I can't think of anything wrong with streaming.
Then what's your point
Re:Sorry (Score:2)
No, I don't think so. The law prohibits any distribution of unauthorized copies of copyrighted works; there's no distinction in the statutes between public distribution and limited distribution. That means distribution is technically prohibited wit
Re:Sorry (Score:1)
Not quite twisted logic. Playing music on a PA is considered a public performance, and companies who do that pay a good amount for licensing, it's just like running a radio station. Have a loo
Re:Sorry (Score:2)
Even if not, how is streaming any different in practical effect than just putting a read-only (no copy/move/etc) copy on the music on ppl's HD.
Think about what you just said. How do you propose to give people read permissions to a file and keep them from copying it?
Yeah, that's what makes streaming different.
The company wouldn't be breaking the law. Their actions fall under fair use.
Interesting legal reasoning you have there. Be sure to let me know when you get hauled into court. I definitely
Re:Sorry (Score:2)
Re:Sorry (Score:2)
Obviously, you haven't read web-sites relating to Godwin's law. It doesn't work that way.
In any event, owning information is bullshit. Authors of books should have the limited priviledge to profit off of their work. In other words, copyrights, patents, trademarks, tradesecrets, etc need to be scratched and rebuilt, with much shorter durations (e.g., 20 years) and much s
Re:Sorry (Score:2)
Re:Sorry (Score:2)
That's such bullshit. It's not any more a public performance than playing music on a PA at a party or gathering.
Unfortunately, if you charge for the party or gathering and mention the music on the ad, you may very well be straying into the legal area of "public performance." But IANAL.
Re:Sorry (Score:2)
Re:Sorry (Score:2)
Re:Sorry (Score:2)
Re:Sorry (Score:2)
Re:Sorry (Score:2)
Re:Sorry (Score:3, Informative)
Here [house.gov] is the testimony of the head of the National Restaurant Association before the House Judiciary Committee complaining about the practice.
Re:Sorry (Score:3, Funny)
It's not how YOU see the situation that matters. It is how the COURTS would see the situation. For that, you need to look at precedent and consult an attorney.
You: Your honor, l33tD00d_74 on slashdot said it would be ok to do it.
Judge: Oh, in that case
Re:Sorry (Score:2)
fuck off (Score:1, Flamebait)
Go eat shit, Twirlip.
Re:fuck off (Score:2, Insightful)
Do you kiss your momma with that mouth?
Re:Sorry (Score:2)
Its not illegal to play music across company speakers, and isnt that the same??
Re:Sorry (Score:3, Interesting)
As far as I know, streaming would be fine. I can't think of any legal problems that would arise from streaming, as long as great care is taken to make sure that the streams are not accessible from outside the company.
Re:Sorry (Score:2)
Re:Sorry (Score:2)
You could set up a microphone and a tape recorder, too, but playing music in a public place is still okay. Broadcasting-- in the limited sense-- music for others to listen to is completely okay, despite the fact that it's technically possible to record that broadcast in ways that might or might not be okay. But handing out copies of you
Re:Sorry (Score:1)
If you don't, there's always the public performance laws.
The files would be fine to share, IMH non-laywer O, if one was to set up the server to lock the files so that only one user can read each one at a time.
Fortunately, I'm in Canada, and, as far as I can tell, it is completely legal for me to do this (set up an MP3 repository at my company with music ripped from CDs I keep t
Re:Sorry (Score:2)
Yes, you're right. I did a little reading to satisfy my own curiosity, and streaming a music broadcast over your company LAN would probably not be okay, either.
That's okay. None of these things is worth doing, anyway; you're there to work, not to listen to music.
Re:Sorry (Score:1)
Listening to music [powerpill.org] increases productivity.
I think when I open my store I'm going to pipe chamber music into the computer repair area. Last thing I want to do is to get the workers excited about their jobs...
Re:Sorry (Score:2)
Depends on your worker's tastes how they'll react, but if they're repairing computers they should be using their sense of hearing and all their other senses (except perhaps taste) to do the work. You wouldn't have them examining circuit boards with almost no light in the room, they need to be listening unimpeded as well.
My thought is: (Score:3, Insightful)
2:Only one person can be playing any song file at once.
This satisfies all the fair use clauses, i believe, and you will STILL have you asses sued off.
Don't ask, don't tell (Score:2)
It's even safer, as other people have mentioned, to not do this period.
Speaking as somebody who kept his own private library of MP3's at a previous employer, it's safe enough to keep it on your own machine unless somebody goes probing around or you share your machine or start talking....
Umm (Score:2)
Or until someone figures out that pesky uber haxor command
C:\>net use x: \\yourcomputername\c$
Re:Umm (Score:2)
Or until someone figures out that pesky uber haxor command
C:\>net use x: \\yourcomputername\c$
And they guess your password.
Re:Umm (Score:2)
C$ is called an administrative share, and is there for exactly that reason.
Take a look at the mp3.com lawsuit (Score:2)
Re:Take a look at the mp3.com lawsuit (Score:2)
As Mark Twain once wrote: You tell me whar a man gits his corn pone, en I'll tell you what his 'pinions is. [pct.edu]
Possible to be legal (Score:2)
The model you would probably need is to have the company hold onto the physical CD while the MP3 version is in the database. Combine that with an interface that only allows one employee to access music from a given CD at a time, and you should be legal.
Of course, this is all a grey area, and what's legal and what won't get you sued are probably two entirely different things. I would suggest doing everything you can to avoid giving the a
Re:Possible to be legal (Score:1)
Why do this? (Score:1)
What I do (Score:1)
I figure that if I keep it on the down-low, the company can avoid responsibility. A lot of people got upset when I started working exclusively from home and they lost Mando's Media drive
--
Mando
Re:What I do (Score:3, Insightful)
Re:What I do (Score:1)
It's not exactly company policy, but most of us that would want to soup up our work machines are allowed to. Heck, they even let us run linux on our desktop machines.
--
Mando
It should be. (Score:2)
Is it legal? Depends on whom you ask. The RIAA will say no, but any intelligent lawyer/judge would say yes.
Re:It should be. (Score:2)
But of course.... IN SOVIET RUSSIA... ;-)
Benign neglect (Score:2)
OTOH, your company might have an "open sharing" policy and a large writable NFS/SAMBA drive for people to dump files they wish to share rather than attach to email. Policy would be copyright had to be respected, but that could only be determined by the uploader. Management supervision whence liability could be avoided by running a size-adjusted LRU delete program to police the free-space. Untouched by human eyes.
Start a Library (Score:2)
Easy, low-tech, and legal.
Re:Start a Library (Score:2)
That's obviously the best--and only unquestionably lawful--idea, but the company's equally obviously a cheap-ass, scrimping, barely functioning, "waves of layoffs" sort of outfit. Functional businesses don't need this kind of "morale-booster," or mp3s ripped from their employees' discs to, uh, fund it--or free bad advice from us misinformed jerks.
They could also just call up the g.d. RIAA and/or ASCAP and/or BMI and/or a lawyer and ask them what the proper licensing is for this kind of quasi-broadcasting s
just do streaming (Score:2)
Also, consider how this will effect productiviy. Is someone listening to "Smack my bitch up" (Prodigy) really going to be productive in the office?
But there are no liability issues with your plan. You're planning on basically allowing people to listen to the music of their choice in a working-environment (
Re:just do streaming (Score:1)
No, but "Smack my Switch up" (sysadmins) might be
Re:just do streaming (Score:1)
Re:just do streaming (Score:2)
Yes. Weirdly, I happened to be listening to exactly that when I read your comment. Except for a short break to read /., I've been writing code for three hours, since 4AM. I should be done and on my way home by 2PM, around the time all the other people in the office are just starting to wake up again after lunch...
Re:just do streaming (Score:2)
Probably. I used to have a few Prodigy tunes in my at-work playlist, Beastie Boys, Mega-deth, Iron Maiden.. Though I found out over the course of time I did more work with less distraction listening to the portion of the playlist consisting of Van Halen, Simon and Garfunkel, and the Beatles.. I eventually ended up listening to that portion of the playlist exclusivly. It had the added bonus I could play it on
cvs model? (Score:2)
if nothing else, it limits your liability and shows good faith in trying to be more in line with the 'I loaned a friend my only copy' idea.
Legal references (Score:1)
Excerpts from the U.S. Code [cornell.edu]:
ASCAP (Score:2)
all these streams on shoutcast.com pay ascap fees and when they do that they are able to broadcast ANY song covered under the license. i believe that you get a fat-ass shipment of cd's when you do this, too.
talk to ascap, they'll hook you up. no its not free, but its a hell of a lot more legal than what you're about to do.
Re:ASCAP (Score:2)
for a station with no revenue to broadcast any song covered under the license to any number of people up to 100, the fee per year is $264. less than you though huh. for that price i bet you don't get a fat-ass shipment of cd's but at least you're covered legally for an in-office webcast stream.
Here's an idea (Score:2)
I imagine that once you look into the law (I can't possibly stress enough that IANAL) you'll find it's a matter of preventing multiple people from using the same copy of something at the same time. This would possibly l
Some legal issues (Score:3, Interesting)
We went with the one copy system using a web interface and streaming the music because it gave us the best accountability, and we were able to keep track of all the music's statistics using a SQL database. Because our music contract states that we cannot remove the actual music from the library, we located the 2 servers underneath the circulation desk, solving that little problem. Because of our VLANing and general setup, only non-wireless trusted clients can connect. This means that the students can log in from their dorms and listen to their music, with out having to trek a 3/4 mile across campus in the snow.
Re:Some legal issues (Score:3, Interesting)
Assuming 30 minutes an album, which probably isn't going to be long, that's 22.5 Million minutes of music. At 320kbps, thats 19.2 Mb per minute, which is roughly 2.4 MB per minute. That's 54 Million megabytes of compessed music. Which is, depending on your math, between 52 and 54 terabytes, right?
I'll allow that you may have recently finished converting your collection, but I imagine it must have taken a while, and was not all done recently.
Re:Some legal issues (Score:1)
Re:Some legal issues (Score:2)
An explanation:
Mb - megabit
MB - megabyte
Audio data rates are usually quoted in bits, and mass storage in bytes, so you usually need to divide by 8, amongst other things, when calculating the storage space for some audio...
Re:Some legal issues (Score:2)
I'm interested in the details of how you've accomplished this conversion. It must've been quite an undertaking.
I mean, let's assume that everything is undamaged and thus easily ripped/recorded. Let us also assume (probably generously) that 75% of your collection is on CD, and further that an average album is 45 minutes.
According to my math, that comes to a bit over 16 years of playback time, just for that 25% of the collection which has no CD counterpart, which seems a bit overwhelming.
Re:Some legal issues (Score:1)
Re:Some legal issues (Score:2)
Solution. (Score:3, Interesting)
Note also: The Ethernet Stereo Bank is NOT a jukebox -- you are not using it as part of a public performance. Rather, it is a bunch of CD players all collected in a single piece of hardware. Each CD player only has one headphone jack, to which only a single person may listen at a time.
An employee may not play her CD loudly enough for other people to hear -- she only has the right to use the CD for private listening.
Thus, we have a system whereby each employee can add a couple of CDs to a communal pile and listen to CDs from the pile one at a time. We have an electronic solution for this that saves the employee the trouble of having to get up, walk over the stockpile, take the CD back to her computer, and return it when she is done. We are breaking no law that a CD pool itself does not break.
Questions? Comments?
Hell, I'll even contract the solution for you if you want. (Code the Ethernet Stereo Bank, as well as graphical, cross-platform Ethernet Headphone and Remote CD changer client software.)
Just e-mail r v i r a g h @ y a h o o . c o m if you're interested -- but you should be able to do all of the above yourself, it's very, very simple. The trickiest part is adhering precisely to the conceptual framework outlined above, especially when it comes to the language presented in the user interfaces. Otherwise, you're legally liable.
Note: I am not a lawyer.
One suggestion... (Score:2)
Re:One suggestion... (Score:2)
What constitutes a public performance? Is it the number of people listening to the same piece? Is it whether they are known to one another vs being strangers? I wonder if that is defined in the law someplace...?
How many people does it take? Would a large extended family (perhaps at a family reunion gathering) be breaking the law pro
No (Score:2)
no way (Score:2)
But this would likely be considered "public performance" or "commercial use", which usually requires the payment of royalties to the copyright holders, no matter how you store the CDs. You could put them into a CD changer and pipe the audio through an analog speaker system and you'd still run into the same problem.
Ask your own company (Score:2)
Or are you trying to find ammo to help get the idea past your company lawyer? "Hey, look, these 12 people on Slashdot said that they thought it was legal, can we do it, too?"
Boost Morale? (Score:2, Funny)
Boost Morale? That's laughable. Just do what every other company does: buy a longer whip!
Its Illegal (Score:2)
Moral of the story: Don't do it!
Re:Its Illegal (Score:2)
Recording industry collects $1 million fine
LOS ANGELES (Top40 Charts) - Big Brother is listening!
That's the message the recording industry hoped to send Tuesday by announcing it had collected $1 million from a company that let employees swap songs on an internal server.
Arizona-based Integrated Information Systems Inc., which ran a dedicated server permitting employees to access and distribute thousands of music files over the company network, agreed to
Re:stop moaning! just do it! (Score:2)
If more than half the population are openly ignoring a law because they think the law is WRONG, it's probably time to change that law.
Oh! Wait.. My bad, I stupidly assumed that the USA is still a democracy.. clearly that's no longer the case.
Re:stop moaning! just do it! (Score:2)
Fact: 234 million Americans did not vote for Bush.
Most people I've talked to don't consider 'filesharing' to be theft. Perhaps the majority don't have any opinion, but in my experience practically everyone who has a computer has either downloaded music, or copied CD's from friends.
Think about it. How many of your friends copy music? And how many don't?