Question

Topic: Other

Legal Music Download Site

Posted by jcasalou on 125 Points
I need information on the legalities of music downloading. More specifically I need information on how a record label licenses its music to downloading sites for download.

Is there an upfront cost from the record labels or do they just require a commission per download?

Any information would be very helpful!
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RESPONSES

  • Posted by darcy.moen on Member
    which country are you referring to? Canadian DMR is different than US DMR. For example, I can buy a CD by the Bare Naked Ladies, rip it and play it on my Ipod. The Bare Naked Ladies won't like it (too bad, I liked getting two free drinks with my five dollar cover way back when, not paying 35 bucks a ticket and listening to 45 minutes of environmental commercials like I did on their last tour) and I'd be within my Canadian legal rights. In the USA, they could lock me up.
  • Posted by jcasalou on Author
    Probably should have clarified that...the site would be operated in United States.
  • Posted by Tracey on Accepted
    What you're referring to is DRM (digital rights management). Technically, U.S. aw says a consumer is allowed to copy music for their own personal use. Not anyone else's personal use, and certainly not for distribution.

    DRM technology is what enforces those laws. That is the encryption/decryption software on a CD or a piece of digital music that restricts and specificies on which devices you can play it and whether or not you can copy it. Some DRM technologies even allow you to send previews to your friends, etc. DRM technology, obviously, cannot enforce how you're using the music, only the copying and playing of the music... so even though it's legal for you to use the music on any of your devices, they often restrict to 1 device assuming that multiple devices = multiple people. DRM technology is getting more sophisticated, though, and now powering many different types of business models.

    Typically a record label charges BOTH an upfront cost, as well as a commission for their music. You would typically need to sign a contract with each record label whose music you want to use. From what I understand, it is very costly to get these deals (meaning, hard or impossible for a start-up without a lot of funding).

    Also, if you run the site in the U.S. but distribute internationally, you may need to research all the international laws.

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