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Allowing Users to Upload Their Music?


glassfish
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There are websites like Soundcloud, Soundclick, MySpace and more.

 

The Question:

How to not get a law suite as a website owner when copyright protected music or in other words music from the retail has gotten uploaded?

 

Will moderating it and having it frequently taken down do the job?

 

I know that the users themselves could get researched too. The site owner could get requested to give out IP addresses. Though, I kept this separately from that question.

 

I basically would be looking to be safe and not get a law suite.

 

I would appreciate the suggestions a lot.

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I basically would be looking to be safe and not get a law suite.

Then you should ask a lawyer, not the internet.

 

That said, it probably comes down mostly to having the end users agree to not upload anything they do not have rights to in your terms of service. That shifts the responsibility from you to them. You'd probably also need some kind of policy for allowing copyright owners to request removal of content.

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I understand your post. Though, I have had heard from website owners how they have had gotten law suites, usually they do not specify this much further, and other website owners do not mention this at all. So in regards to your post I was not sure if it would work out by doing in that way.

 

To what type of lawyer may I have to go to?

Edited by glassfish
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Presumably you'd want to find a lawyer that specializes in Copyright / Intellectual Property law.

 

From what I understand just having a terms of service users agree too does not automatically make you immune from any lawsuit, but it's a major step in the right direction at least.

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This pertains to links as well as content

 

You show that you follow DMCA on your site

Make the removal request process available to the requester, this is usually best done through mail but they can also do an additional email

 

Requester should send you a written removal request

Identification of original work that requester claims has been infringed.
Identification of the material requester claims is infringing and needs to be removed, including a description of where it is located.
Address, telephone number, and, if available, e-mail address, so the copyright agent may contact about the complaint.
A statement that the above information is accurate.
A statement of good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law.
A statement, under penalty of perjury, that the requester is the copyright owner or are authorized to act on the copyright owner’s behalf in this situation
Requester physical or electronic signature.

 

Track your removals and provide some sort of proof you removed it if ever required

Responding to the requester that it was removed will help them get off your back

 

If you don't follow up on DMCA take down notices can get jailed and fines.

 

I've dealt with all this on a video site and also my search engine.

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I've dealt with all this on a video site and also my search engine.

Thanks for your post. The post helps! I would be looking to know if it has worked out for yourself? Or have you nevertheless gotten law suites too? Did you have had to pay one fine before? Or would you say I could be one would could go about what you wrote in your post above?

Edited by glassfish
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The site owner is ultimately responsible for content shown/available on their site, not the end users. All it takes is some lawyer to file a suite against you, whether the claim is valid or not. Nothing you do can really "prevent" you from being sued. Whether they will actually win is another story, but you will still need a lawyer to fight the charge which will cost money. You really should consult an IP (intellectual property) attorney and not take advice from the internet on this. You're talking real money here, and potentially A LOT of it. IP lawyers aren't cheap, but if you are going to be entering this realm a few thousand $$ now so you know the ins and outs of the LAW and how it pertains to what you're doing could save you 100x that in the longrun.

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