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  1. #1
    Join Date
    Sep 2012
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    13

    Default Legality of Internet Streaming Music

    Ok I have the ability to bust out my mp3 player and if i want stream it to friends and family... IT'S NOT PUBLIC ACCESS I DO NOT ADVERTISE IT.

    1. is this legal? (I have no license to broadcast if needed)

    2. Will I be arrested is this a civil matter or a criminal matter.

    Thanks guys I appreciate your responses.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Legality of Internet Streaming Music

    You mean, like using bluetooth to broadcast to a speaker?

    This is in the U.S.?

  3. #3
    Join Date
    Sep 2012
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    13

    Default Re: Legality of Internet Streaming Music

    no. what i mean is.

    i could turn on my computer mp3 player.
    load up some software to enable a server that allows people like YOU to connect via your mp3 player. and I would be streaming my collection as i play songs. via the net.

    U.S.

    but again only to friends and family it's not public.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Legality of Internet Streaming Music

    Quote Quoting Nostra Fides
    View Post
    no. what i mean is.

    i could turn on my computer mp3 player.
    load up some software to enable a server that allows people like YOU to connect via your mp3 player. and I would be streaming my collection as i play songs. via the net.

    U.S.

    but again only to friends and family it's not public.
    friends and family is a wireless phone service plan. It is not a defense for copyright infringement.


    Yes, you are infringing when you do what you are suggesting.

  5. #5
    Join Date
    Sep 2012
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    13

    Default Re: Legality of Internet Streaming Music

    ok will i be arrested for it or is it a civil matter

  6. #6
    Join Date
    Jan 2006
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    38,867

    Default Re: Legality of Internet Streaming Music

    I'm trying to recall the name of the guy they just arrested for copyright infringement.



    § 506. Criminal offenses6

    (a) Criminal Infringement. —
    (1) In general. — Any person who willfully infringes a copyright shall be punished as provided under section 2319 of title 18, if the infringement was committed —
    (A) for purposes of commercial advantage or private financial gain;
    (B) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000; or
    (C) by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution.
    (2) Evidence. — For purposes of this subsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement of a copyright.
    (3) Definition. — In this subsection, the term “work being prepared for commercial distribution” means —
    (A) a computer program, a musical work, a motion picture or other audiovisual work, or a sound recording, if, at the time of unauthorized distribution —
    (i) the copyright owner has a reasonable expectation of commercial distribution; and
    (ii) the copies or phonorecords of the work have not been commercially distributed; or
    (B) a motion picture, if, at the time of unauthorized distribution, the motion picture —
    (i) has been made available for viewing in a motion picture exhibition facility; and
    (ii) has not been made available in copies for sale to the general public in the United States in a format intended to permit viewing outside a motion picture exhibition facility.
    (b) Forfeiture, Destruction, and Restitution.—Forfeiture, destruction, and restitution relating to this section shall be subject to section 2323 of title 18, to the extent provided in that section, in addition to any other similar remedies provided by law.
    (c) Fraudulent Copyright Notice. — Any person who, with fraudulent intent, places on any article a notice of copyright or words of the same purport that such person knows to be false, or who, with fraudulent intent, publicly distributes or imports for public distribution any article bearing such notice or words that such person knows to be false, shall be fined not more than $2,500.
    (d) Fraudulent Removal of Copyright Notice. — Any person who, with fraudulent intent, removes or alters any notice of copyright appearing on a copy of a copyrighted work shall be fined not more than $2,500.
    (e) False Representation. — Any person who knowingly makes a false representation of a material fact in the application for copyright registration provided for by section 409, or in any written statement filed in connection with the application, shall be fined not more than $2,500.
    (f) Rights of Attribution and Integrity. — Nothing in this section applies to infringement of the rights conferred by section 106A(a).
    the above lists what would be considered to be criminal infringement. Most copyright infringement is civil.

  7. #7
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Legality of Internet Streaming Music

    You need to obtain the performance rights for the music you want to stream. Not doing so will certainly result in civil action against you.
    For more information see the US performance rights organizations:

    http://www.ascap.com
    http://www.bmi.com
    http://www.sesac.com

  8. #8

    Default Re: Legality of Internet Streaming Music

    Kind of hard to prove, but I wouldn't recommend it anyway. You might think what you're doing is just between you and friends, or family, but you're doing via the internet. You don't have a more public venue on the planet more full of privacy holes than the internet. In other words, what you think is just between you and family, will probably not be.

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