A question on DJ rights

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SentriX said:
due to AH having servers around Europe aswell as the US wouldn't that mean they have to pay royalties for the particular country the relay server is on?

I know alot of Europeans listen to the Netherland Relay for example.
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that's just another thing that adds to the unclearness of the whole situation. yes there's local relay servers, but they don't actually provide any content themselves, the content still comes from canada.
 
90degrees said:
t4e "public performance" is a term in used in law, therefore it is made of rubber and will be wrapped around you in ways you won't imagine. Public performance is when it is audible to the public, again under local jurisdiction. So back from the ex-colony to the UK, dependent on council here you have to apply for a licence if your garden party exceeds over 80 - 120 people, which extends to alcohol licence and live band or recorded music licence. Howzat for bullshite?!
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same thing in Canada, also you need some kind of Noise License too for the night if you plan on playing music past 10pm outdoors, and unrelated to that but ridiculous IMO is the fact that as a host you are responsible for how much your guests are drinking and if they are intoxicated not to let them drive, if you do so and they get into an accident they can sue you for negligence LMAO
 
All this is madness :crazy:

This thread is very interesting, thanks for the answers.

@Sunbreach: this is not a nub question. I always wondered myself about that and never dare to ask. Thanks for asking.
 
Hallo everyone. thread very interesting....

Let's make a point of situation:
if you want to broadcast a sets on a radio station, a dj don't have to pay royalty because it's paid by radio station, right?

but if you want to let your sets avaiable for download to public?
for example, im' a very beginner dj and i think the most important things for improving my skills it's to get public feedback. In AH there is a section where publish links for your sets, but can i upload my sets on any site without worry about the country where the site resides?

and i usually buy tracks from dance-tunes and in the license there is written "you are allowed to use this track for personal use only, you cannot redistribute, play in public,....", so i'm allowed to use that tracks on sets that i would make avaiable for download?

i know this thread was opened few months ago, i hope someone can help me....

thanks
 
Allan Affinity said:
Hallo everyone. thread very interesting....

Let's make a point of situation:
if you want to broadcast a sets on a radio station, a dj don't have to pay royalty because it's paid by radio station, right?

but if you want to let your sets avaiable for download to public?
for example, im' a very beginner dj and i think the most important things for improving my skills it's to get public feedback. In AH there is a section where publish links for your sets, but can i upload my sets on any site without worry about the country where the site resides?

and i usually buy tracks from dance-tunes and in the license there is written "you are allowed to use this track for personal use only, you cannot redistribute, play in public,....", so i'm allowed to use that tracks on sets that i would make avaiable for download?

i know this thread was opened few months ago, i hope someone can help me....

thanks
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Hello there, its strictly your decision on what you wanna post on AH.FM, I dont know what other sites have as their legal policy AH.FM forum policy is here Afterhours.FM Privacy Notice in Forum section.

I must add that I see a lot of DJ's posting links to their sets on facebook and many other social websites. Thanks for purchasing the tracks and supporting the producers!
 
Dan said:
AH.FM forum policy is here Afterhours.FM
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I've red the policy of AH:

DJ's/Composers/Producers/Agencies
... You also acknowledge that Afterhours.FM does not assume nor will be held accountable for any legal infringements you may cause due to not having the permission of composers to upload their works, and that you can be responsible for damages that may occur due to infringement. Any complaints due to infringements mailed to admins of Afterhours.FM will be taken seriously, upon proof of infringement your show will be cancelled, and you will be blocked from uploading content to the station, and contact information shared upon discretion of the parties involved.

Artists/Copyright Holders
....Afterhours.FM assumes no legal responsibility nor can be held accountable for infringement, however we do act on it. The DJ's/Composers/Producers that have mixed shows here on Afterhours.FM select their own play lists, and you agree that any legal action taken will be between the DJ that infringed and yourself. We strive on a free promotional atmosphere that is generally accepted within side the EDM music industry. It is not our intent nor wish to infringe on intellectual property rights. If you wish your works not be included in any Afterhours.FM show, upon proof of legal copyright Afterhours.FM will then broadcast to all it's members and associates, to remove the track from all future play lists and broadcasts, and will delete all references and shows that relate to that track on the Afterhours.FM site and archives.
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So we return to the first question? does the dj have to pay royalty? in this quote AH say that the dj must have the legal rights to publish djsets...and AH only broadcast the djset without take care about legal questions.


Dan said:
I must add that I see a lot of DJ's posting links to their sets on facebook and many other social websites
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I'm sorry, i'm not explained exatly what i mean:
the question is not if a certain sites (ex. rapidshare or megaupload) has a specific plolicy, but if uploading my sets, allowing everyone to download, i go against legal action because i break the copyrights of the tracks (which license say that are for personal use only).

Someone say that a djsets it's a work made by dj, so the copyright belong to dj and not the specific tracks, but i think that's not right: yes there is a kind of copyright on the djsets (because otherwise anyone can download one set and sell it as if it's was made by him), but there is also a strong copyright on all the tracks...

anyway thank you for your clear answer
 
Allan Affinity said:
I've red the policy of AH:



So we return to the first question? does the dj have to pay royalty? in this quote AH say that the dj must have the legal rights to publish djsets...and AH only broadcast the djset without take care about legal questions.



I'm sorry, i'm not explained exatly what i mean:
the question is not if a certain sites (ex. rapidshare or megaupload) has a specific plolicy, but if uploading my sets, allowing everyone to download, i go against legal action because i break the copyrights of the tracks (which license say that are for personal use only).

Someone say that a djsets it's a work made by dj, so the copyright belong to dj and not the specific tracks, but i think that's not right: yes there is a kind of copyright on the djsets (because otherwise anyone can download one set and sell it as if it's was made by him), but there is also a strong copyright on all the tracks...

anyway thank you for your clear answer
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personal use, means making your own sets, listening to the tracks you purchased, however file sharing is illegal, i.e. to make the single tracks available for download to other people

you can post your sets for download without breaking any copyright law
 
Allan Affinity said:
wow :bow: that's a good news! thank you :bananadance:
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its actually not true what t4e is saying

in theory posting sets/dl's and if they are legal are based on which country its hosted - its quite a "grey" area.. and labels are more into stopping the sharing of releases than sets :)

but theoretically its not legal :) at least not in denmark :)
 
..and believe it or not some guy came up with the brilliant idea of charging more for ringtones because they are considered a "public performance". (No joke)
 
PhillipAlpha said:
its actually not true what t4e is saying

in theory posting sets/dl's and if they are legal are based on which country its hosted - its quite a "grey" area.. and labels are more into stopping the sharing of releases than sets :)

but theoretically its not legal :) at least not in denmark :)
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D'ho that's a bad news :no:. so if you want posting your sets, you have to find a site which servers are located in country that considet sets legal, mmm...
(thats question has been already dealed in this thread, so i'll read it again more careful)

Tarek said:
..and believe it or not some guy came up with the brilliant idea of charging more for ringtones because they are considered a "public performance". (No joke)
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speechless...


thank you guys!
 
Having just read through this forum topic I thought I'd just briefly add my thought if I may. Yes the copyright of the tracks does of course stand with the artist, and yes by including it in a mix you are making it publicly available and therefore without permission you would be breaking the terms of the license granted to you when you bought the tracks for personal use.

But if you get permission from the artist, then you are no longer breaking any rules. Personally I've had many conversations on this subject with producers both online and in person when I've met them out at clubs, and when asked if they mind me using their tracks in my DJ sets, not one of them has ever said that they do mind. In fact, they are usually extremely keen that the track gets played because it's good promotion for them. Most producers are also DJs and most make very little money from track production - the bulk of their cash comes from playing gigs at clubs, and the more people who get to hear of them because of a great tune, the more chance they'll get booked for club nights.

So if you're worried about the legality of your sets my advice would be if you're including a track by a producer you haven't already got clearance from, just fire them a quick message via their profile on MySpace, Facebook or AHFM - they'll appreciate the courtesy and you're extremely likely to get a very positive & welcoming response.
 
thanks AndyAce, ask permission to producer can be a good solution...

anyway on the beatport site, in the FAQ section, under the question "Can I DJ with the tracks that I purchase from Beatport?" the answer given is:

In the United States and UK buying a track from the site is just like buying a record from the record store. The same legal implications are in effect. However, certain regions have different restrictions regarding the legality of playing Digital Music files. We suggest you visit the website of your local publishing / mechanicals service to get a more detailed answer. We also recommend that you keep a copy of your order receipts with your music to prove that you have purchased your music legally.
The following links may be useful for finding additional information for your area:
MCPS PRS
ASCAP
Performance Licences
Copyright Information
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which confirm all your answers...
 
Allan Affinity said:
D'ho that's a bad news :no:. so if you want posting your sets, you have to find a site which servers are located in country that considet sets legal, mmm...
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that's not really true either.

it's you who makes the set available for download, so it's you personally who is making copies of the tracks contained within the set. (not actively, but every download of the set is one copy and you are responsible for those copies.)

so it's you who needs to have a license to actually make those copies, and just buying the tracks from a store (be it a record store, cd store, or online mp3 store) doesn't give you this right. the location of the server doesn't matter at all.
 
...confused :hmmm: .... for get out this trouble, can some djs post what they do?

On AH there are so many djs, there would be someone who could let us know what they do, if they ask permission to someone (like told AndyAce), or if they buy tracks on a specific site which allow you to use them in a djset,....

for example "AndyAce" told us that he ask permission to artist, that's a good advice

i think this is a thread usefull for many users (anyway there are so many answer, so thank you all guys).
 
its not a black and white issue, DJ's make their sets available for download all over the place, FB, MySpace their own website, forums etc....

the answer you posted from Beatport is aimed at live gigs and playing in public

its true that each region has its own regulations and those rules are relatively easy to control when it comes to clubs, since they are the ones responsible for paying any fees, but its very hard to control and regulate what DJ's make available for download on the internet because people from all over the world (different regions with their own rules) will download them, so than which rules apply?
 
Allan Affinity said:
On AH there are so many djs, there would be someone who could let us know what they do, if they ask permission to someone (like told AndyAce), or if they buy tracks on a specific site which allow you to use them in a djset,....
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the only sites with that will let you do that is sites that offer "free" music (not free as in beer, but free as in speech - don't ask me for any names though). but you won't find any tracks signed to any regular labels on such sites, i.e. nothing that would be available from beatport for example.

most bedroom djs won't bother with asking any permission, and labels usually don't care much about those djs posting sets either. i certainly don't have permission to post any sets, but i still do. that doesn't really make it legal though...

t4e said:
the answer you posted from Beatport is aimed at live gigs and playing in public
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maybe, but it's still true for all other aspects as well. when you buy a cd or a record, you cannot freely give out copies of it. the same applies to mp3s you buy. and since dj sets consist of tracks, posting a set for download is essentially the same as giving away copies of all the contained tracks.

at least that's the legal theory. in practice, the copyright holders usually won't care much because 1) the tracks aren't contained in original, full quality (they're mixed) and so aren't easily usuable for other djs, and 2) the number of downloads is usually very limited. however as i said before, that doesn't make it any more legal.

a podcast is just an mp3 download, right? in order to have a fully legal podcast, you have to purchase a license (similar to a radio broadcasting license). the license entitles you to give out a certain number of copies, let's say 100. this means you have to monitor the downloads, and when 100 downloads have happened, you'd either have to pull the podcast offline, or purchase a bigger license. i'm sure that at least some of the bigger names have a "legal" podcast like that, because they're a big target for copyright issues.

t4e said:
... but its very hard to control and regulate what DJ's make available for download on the internet because people from all over the world (different regions with their own rules) will download them, so than which rules apply?
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the rules of whoever makes the upload available apply.

some P2P users say to defend themselves: "it's not illegal to download stuff, it's only illegal to upload stuff." and that is actually partly true, because it's the person who makes a download available who has the control over who downloads it and how many times. and it's them who has to make sure that the download is fully legal.

(think again of a cd you bought. imagine you put it in a public place, together with a pc and a stack of blank cds so everyone can copy it. then you put up a sign "copy this cd, it's free". if you do that, you're the one to blame, not the people who actually make the copies and take them. of course in practice people would rather take the pc with them than just a cd...)

if you're from italy and you want to have a legal dj set download, you have to go to the organization that handles royalties in italy and purchase a license for a podcast, potentially a seperate international license. (for example in germany this is handled by GEMA, in austria it's AKM and possibly IFPI, in britain it might be PRS, etc etc.)

usually buying a track entitles you to give out a limited number of copies to family or close friends (depends on your country's legislation, def. not the case in the US). however a public download doesn't classify as a limited number of copies under this clause...
 
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most bedroom djs won't bother with asking any permission, and labels usually don't care much about those djs posting sets either. i certainly don't have permission to post any sets, but i still do. that doesn't really make it legal though...
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that can be my case

if you're from italy and you want to have a legal dj set download, you have to go to the organization that handles royalties in italy and purchase a license for a podcast, potentially a seperate international license. (for example in germany this is handled by GEMA, in austria it's AKM and possibly IFPI, in britain it might be PRS, etc etc.)
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...when i'll be famous :mml:


usually buying a track entitles you to give out a limited number of copies to family or close friends (depends on your country's legislation, def. not the case in the US). however a public download doesn't classify as a limited number of copies under this clause...
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good notice, but i think for improving dj skill we need to have the public feedback, if you give your sets to people who loves music, but doesn't know anything about djing they will say 'wow great set' only because they love tracks contained... anyway it's better than nothing.

thanks
 
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