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MySpace song uploads - What does this mean

22 Feb 08 - 02:17 PM (#2269743)
Subject: MySpace - What does this mean?
From: GUEST

"Warning - MySpace Music accounts are for MUSICIANS. Uploading songs you do not own is a violation of the artist's copyrights and against the law. If you upload songs you do not own, you account will be deleted."

Is uploading songs you do not own violating the writer's copyright?

If you've recorded a someone else's song and paid the fee to put it on CD for sale, does that mean you own it? Can you upload it to MySpace?


22 Feb 08 - 02:30 PM (#2269753)
Subject: RE: MySpace - What does this mean
From: Joe Offer

Let's see.

OK, so you pay 99 cents to legally download a song from wherever. Then, out of selfless generosity, you post the song on MySpace to share with the world, so nobody else will have to pay the 99 cents. So, the people who did the music and produced the recording and sold the download, make a grand total of 99 cents. If I were a musician and I got paid 99 cents a song, how many songs would I have to record to make a living?

Yeah, I think there's logic in prohibiting upload of copyrighted songs.

-Joe Offer-


22 Feb 08 - 02:32 PM (#2269755)
Subject: RE: MySpace - What does this mean
From: GUEST,Bob Ryszkiewicz

Guest: Better check with the performing rights organizations like SOCAN, ASCAP, etc. For MySpace it would be best to upload songs that YOU have written and hold the copyright on. I think if you did "Johnny B. Goode" by Chuck Berry, it will ALWAYS be Chuck's song. The royalties go to him. You can get your "cover" or "arrangement" out there, but you don't own the song. Check with the pros on that one...


22 Feb 08 - 02:51 PM (#2269762)
Subject: RE: MySpace song uploads - What does this mean
From: GUEST

I only ask because I see numerous people putting up their versions of copyrighted songs and I'm wondering why nobody is removing them.


22 Feb 08 - 03:06 PM (#2269776)
Subject: RE: MySpace song uploads - What does this mean
From: RTim

I don't think you should be worried, provided you have paid or been given permission to record a song - it then does have your arrangement.
I have a song written by someone else on my own MySpace site, but I was given permission to record it - so I feel that is ok. Also it has been played on the radio, and the author did not give - "permission" for that - it is just I think part and parcel of recording something.

Tim Radford


22 Feb 08 - 04:13 PM (#2269827)
Subject: RE: MySpace song uploads - What does this mean
From: treewind

Different meanings here.
If you buy some random CD you can't just upload tracks from it without permission, obviously.

If you have yourself recorded a song that is in copyright by a known writer, and the recording properly acknowledges the writer and is registered with the appropriate authorities (PPL/PRS in the UK) but you own the mechanical copyright in the recording, you're quite legitimate.

I have also uploaded tracks that we recorded on the Wild Goose label. The music is trad but strictly speaking Wild Goose owns the mechanical copyright and if Doug Bailey told me to pull them I would, but as MySspace songs are streamed and I deliberately haven't checked the "download" box, they have similar status to a radio broadcast (I think) so I'm not really giving them away.

Anahata


23 Feb 08 - 11:41 AM (#2270357)
Subject: RE: MySpace song uploads - What does this mean
From: Jim Lad

If you've paid the royalties on a cover song that you've recorded then it's okay to upload it on your own site.
Myspace is not selling your music.
They give you a homepage that's as good as any other & you as a musician, are using your page to showcase just as you would with your own http://guest.com .


23 Feb 08 - 12:07 PM (#2270375)
Subject: RE: MySpace song uploads - What does this mean
From: KeithofChester

Look at the paragraph titled "music"

MySpace Wiki


23 Feb 08 - 12:25 PM (#2270395)
Subject: RE: MySpace song uploads - What does this mean
From: GUEST,The Mole Catcher's unplugged Apprentice

Music.

MySpace profiles for musicians are different from normal profiles in that artists are allowed to upload up to six MP3 songs. The uploader must have rights to use the songs (e.g their own work, permission granted, etc). Unsigned musicians can use MySpace to post and sell music, which has proven popular among MySpace users. MySpace music has been around since it's debut in Fall 1998 and the first original artists to sign up to MySpace occurred in December 1998

Musicians' rights and MySpace Terms of Use Agreement.

Until June 2006, there was a concern amongst musicians, artists, and bands on MySpace such as songwriter Billy Bragg owing to the fine print within the user agreement that read, "You hereby grant to MySpace.com a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Services." The fine print brought particular concern as the agreement was being made with Murdoch's News Corporation. Billy Bragg brought the issue to the attention of the media during the first week of June 2006.[68] Jeff Berman, a MySpace spokesman swiftly responded by saying, "Because the legalese has caused some confusion, we are at work revising it to make it very clear that MySpace is not seeking a license to do anything with an artist's work other than allow it to be shared in the manner the artist intends."

By June 27, 2006, MySpace had amended the user agreement with, "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."

Charlotte (the view from Ma and Pa's piano stool)


23 Feb 08 - 04:57 PM (#2270540)
Subject: RE: MySpace song uploads - What does this mean
From: SouthernCelt

As with most things, "the devil's in the details"...if you as an independent artist had permission from a songwriter to post your version of his work BUT don't have permission from the writer's publisher of any of the forms the songs may have been publicly issued in before you did your version, you still may not own the rights to post or otherwise publicly offer your version. And publishers are a lot more likely to cruise such places as MySpace looking for "thieves" as they deem artists that do unowned material.

To bring this home to Mudcatters, I've recorded for my own use my versions of some of Jed Marum's songs. He knows that and has heard them; he's fine with me helping "spread" his songs about to friends etc. But I don't have any approval from Boston Road that published Jed's albums, so I don't consider that I have any ownership of the songs which would allow me to meet all the legal tests to put those songs on the internet except in a non-public fashion. Consequently my public songs on MySpace (and ezFolk and SoundClick as well) are either original works or are public domain/traditional songs that I've done my version of.

SC