Myspace music

[Scott-Copywriter]

I've noticed people on their myspace accounts have MP3 music from well known bands in the myspace MP3 player. So I was just wondering what kind of legalities and formalities would Myspace have to have done so any member can legally play music on their pages. Would they have to pay universal royalties or sign some kind of agreement? Do you think Myspace would have to be paying money for this to happen or is it legal to do anyway under certain rules?

Any help is appreciated,

Scott.

 

[Yorganic]

For this to happen the band has to have singed up to Myspace does it not?

Theres a also recent post on here I think[?] suggesting that the ts & cs of Myspace are[were?] a little dodgy i.e. that when you sign up you hand over all publishing rights to them.

Here's the full story at the Register:
http://www.theregister.co.uk/2006/06/08/blly_bragg_myspace/

 

[Scott-Copywriter]

Ahh I see.

I'm just trying to fit this into my own situation. If I have members putting music from popular bands on their member pages where do I stand?

 

[Yorganic]

Not sure you could it legally unless it was delivered by a third party with the rights to do so.

 

[Scott-Copywriter]

I guess I need to find out how Myspace does it then unless anyone knows.

The band signing up to myspace coming under the terms of the T&C is viable but I can't see how every single band for every track on myspace is signed up, that would be millions and I'm sure they wouldn't risk that with the chance of it happening, they must have a legal backup in place.

 

[DuaneJackson]

There's no legal requirement for the artist to be signed up to myspace.

My brother has music on his myspace page, he's on other labels that have nothing to do with Mr Murdoch.

http://profile.myspace.com/index.cfm?fuseaction=user.viewprofile&friendid=61019339

 

[Scott-Copywriter]

But can't a band or Publisher demand royalties for people putting music on our website? Or can something in the T&C's prevent this from happening?

 

[Yorganic]

I wasn't suggesting that a band has to be on MySpace or connected to News International. The reality is that most bands have jumped on the back of MySpace anyhow after the supposed success of the Arctic Monkeys making it big via the site thus making the choice of music immense.

What I was suggesting is that when a band does sign up to MySpace it allows other MySpace users to use the music that the band may load up.

I am also assuming that your site will not have the same power of attraction to bands as MySpace but...... I could be wrong!

 

[Scott-Copywriter]

I wasn't suggesting that a band has to be on MySpace or connected to News International. The reality is that most bands have jumped on the back of MySpace anyhow after the supposed success of the Arctic Monkeys making it big via the site thus making the choice of music immense.

What I was suggesting is that when a band does sign up to MySpace it allows other MySpace users to use the music that the band may load up.

I am also assuming that your site will not have the same power of attraction to bands as MySpace but...... I could be wrong!

Yes but my point is not every single band signs up to Myspace so when someone puts a bands music onto their page we are effectivly hosting the MP3 for free listening (it's almost impossible to regulate this 100%, it only takes one person doing it to have legal issues), does this mean we have to pay royalties or is there some sort of legality to which we dont have to?

Edit: Jonathan do you have any law related know-how on this subject?

 

[bwglaw]

Found this in their terms and conditions:

MySpace.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the MySpace Services. After posting your Content to the MySpace Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the MySpace Services, you hereby grant to MySpace.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the MySpace Services.

and;

This license will terminate at the time you remove your Content from the MySpace Services. The license does not grant MySpace.com the right to sell your Content, nor does the license grant MySpace.com the right to distribute your Content outside of the MySpace Services.

and;

You represent and warrant that: (i) you own the Content posted by you on or through the MySpace Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the MySpace Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the MySpace Services.

It appears that myspace is not claiming any ownership of any copyright and I am of the opinion that they cannot claim any copyright unless the copyright has been expressly assigned in writing by the author. Myspace are claiming to be a mere publishing platform and does not take responsibility for content until a valid complaint is made by the copyright owner and upheld.

Any member who posts material on myspace and does not have a licence to do so is likely to infringe copyright. Any author to any material can make a complaint to myspace to have material removed.

Yes, it is difficult to regulate and authors have to be pro-active to protect their own copyright and to claim any royalties directly from the person who has made the material public. I cannot see myspace being liable unless they refuse to remove any infringing material upon receipt of a complaint.

I believe that myspace is a no different legal position as Google

Jonathan

 

[bwglaw]

Yes but my point is not every single band signs up to Myspace so when someone puts a bands music onto their page we are effectivly hosting the MP3 for free listening (it's almost impossible to regulate this 100%, it only takes one person doing it to have legal issues), does this mean we have to pay royalties or is there some sort of legality to which we dont have to?

Edit: Jonathan do you have any law related know-how on this subject?

To answer this particular question the author of any material could pursue an action against the member who uploaded the material for unlawful grant of a licence when they had no legal right to. The member is not likely to be liable for the royalties since this can be claimed as damages along with an injunction.

The same author may also have an action against myspace if they refuse to remove any material that has proved to be published unlawfully. The terms do imply that myspace member will indemnify myspace of any liability arising and may well be able to recover costs from the member who caused the infringement.

Jonathan

 

[Scott-Copywriter]

So if the T&C's are written appropriatly the person posting the content is liable as long as we as the website remove any material upon request.

Thanks for all the replies, ecspecially from Jonathan.

 

[bwglaw]

So if the T&C's are written appropriatly the person posting the content is liable as long as we as the website remove any material upon request.

Thanks for all the replies, ecspecially from Jonathan.

Correct

No problem at all

Jonathan