Copyright risks, and the law

  • Thread starter Thread starter TheRealWaldo
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Tex> Posting guitar tab is rarely prosecuted, as I said above, as it's a difficult case to prosecute. Generally, with tab, if a disclaimer is written that it's only to be used under the fair-use clause, they'll leave you alone.

Public performance of music does NOT fall under the same clause.

Plus, where are you getting your stats from to say that these tab sites have more exposure? You have any clue what traffic runs through NWR? You really think that one of those tab sites has 1000x the exposure? Let's see, that'd work out to a couple billion hits a day? Hmm, world record there, wonder why I never heard on the news...

TripleM> It's difficult to come up with anything the courts will guaruntee as a winner, but I do have plans to create a 'water marking' system, that stays with a tune even if it's re-encoded, recorded analog off of the computer to a tape, then back into the computer and en-coded to a different format, etc. etc.. This would make it 'easier' to prove.

Everyone> Cover songs are FINE on NWR, AS LONG AS YOU HAVE THE PERMISSION FROM THE COPYRIGHT OWNER IN WRITTEN FORM. Remember, when you write music, you should do some research around it before you release it!

W.
 
...I wouldve left Parasite up, but that letter that Gene Simmons and Ace Frehly wrote me got ruined in the wash machine. Oh, by the way, Gene says hey:D
 
Gene says...
"...buy something, how 'bout a $40 T-shirt, or a $55 concert program, or anything that use to belong to Peter and Ace, or how about Ace himself since I am done with him but still own him and his likeness, or maybe a casket..."
 
TheRealWaldo said:
Tex> Posting guitar tab is rarely prosecuted, as I said above, as it's a difficult case to prosecute. Generally, with tab, if a disclaimer is written that it's only to be used under the fair-use clause, they'll leave you alone.

Public performance of music does NOT fall under the same clause.

Plus, where are you getting your stats from to say that these tab sites have more exposure? You have any clue what traffic runs through NWR? You really think that one of those tab sites has 1000x the exposure? Let's see, that'd work out to a couple billion hits a day? Hmm, world record there, wonder why I never heard on the news...
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Has a site ever been prosecuted for posting covers? NWR gets a million hits a day?
 
About 13 businesses have been absolutely crushed that I know of, yes. There is about 2 - 3,000,000 copyright infringment cases that go on each year in the US alone.

The 'site' won't get prosecuted in this case, I will. I'm the sole owner.

Yes, NWR gets pretty close to a million hits on the average day.

W.
 
TheRealWaldo said:

The 'site' won't get prosecuted in this case, I will. I'm the sole owner.
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Have you considered incorporating? If you set up and maintain your corporation properly (i.e. spend some time and money with an attorney - you might find one who'd do this pro bono) you should be able to get yourself dismissed from any lawsuit and keep your liability within NWR, inc., especially since you are making a good faith effort to prevent NWR users from violating copyright law. That way if trouble arises NWR might get crushed but you won't. Just a thought.
 
Law is a little different up here. I don't have anywhere near the amount of money needed to register or incorporate. In fact, I've only got $200 CDN to my name.

And no, minimizing the risk does not warrant breaking the law.

W.
 
fprod south said:
Have you considered incorporating? If you set up and maintain your corporation properly (i.e. spend some time and money with an attorney - you might find one who'd do this pro bono) you should be able to get yourself dismissed from any lawsuit and keep your liability within NWR, inc., especially since you are making a good faith effort to prevent NWR users from violating copyright law. That way if trouble arises NWR might get crushed but you won't. Just a thought.
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I'm no attorney but one could setup a Limited Liability Corp quite easy without even hiring an attorney and provide themselves some financial protection in the event of a major lawsuit. Sounds like that's what your referring to, I just wanted to point out that a LLC is not too hard to setup, at least in my state.
 
I wasn't suggesting you should break the law - I meant to protect yourself in case stuff slips by you. Unfortunately that's often the way corporate law gets used by large companies, so the individuals are not held accountable for their actions.

But for a small business like yours that is trying to do things right, I think it's fair that individuals get protection so that a business mistake or oversight doesn't ruin their personal lives. I agree, you're doing the right thing with the no cover w/o permission policy. I don't happen to agree with most IP laws - but you gotta follow them.
 
Setting up LLC's is easy - maintaining them requires at least guidance of an attorney or a very thorough reading of some book that teaches you how. Lots of people file their LLC but don't have the protection they think they have.
 
I'm in Canada dude, lol

I think it's fair that individuals get protection so that a business mistake or oversight doesn't ruin their personal lives
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Incorporating doesn't give you any sort of protection against that. We nail a few CEO's of major corps on regular a basis for what happened to their companies.

W.
 
TheRealWaldo said:
We nail a few CEO's of major corps on regular a basis for what happened to their companies.

W.
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I wish we'd do that more often!
 
TheRealWaldo said:
I'm in Canada dude, lol


W.
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Canada's not a state? :confused: :D

BTW, I'm now a proud "paying" customer of NWR. Now I just gotta start finishing off some more tunes!
 
TheRealWaldo said:
Law is a little different up here. I don't have anywhere near the amount of money needed to register or incorporate. In fact, I've only got $200 CDN to my name.

And no, minimizing the risk does not warrant breaking the law.

W.
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How can you have a website with 1 million unique hits a day and not make any money off of it?
 
TexRoadkill said:
How can you have a website with 1 million unique hits a day and not make any money off of it?
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Easy....I NEVER click on advertising banners..............:D
 
Never said unique buddy. Unique visitors is around 95,000

W.
 
PS, ad rates sit at about 0.001 CENT per 1,000 views right now...

W.
 
Ouch!

TheRealWaldo said:
PS, ad rates sit at about 0.001 CENT per 1,000 views right now...
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Waldo,

Just out of curiosity -- Are you a philanthropist, or do you have a business model that could eventually enable you to make money? (not that merely having a business model would make you less worthwhile as a person!)

Regarding covers and copyrights, wouldn't an artist need both a mechanical license and a performance license to record a cover and post it on the Web (mechanical license for the recording and copying/uploading, performance license for the electronic "performance" of the work)?

DonF
 
Mechanical covers the original recorded work. So, if, per say, you did a 'karoake' with the original music in the background, or samples of the original tune, then mechanical rights would be required on top of performance.

I've got a plan, and several models, mostly designed to be 'self-sufficient'. Some of the ideas 'could' bring a profit if they worked better than I projected, but I'm not banking on it. It's not so much the typical type of business plan you see however, as it is continually re-written, and sometimes, only sits in my mind ;)

W.
 
Waldo, I've always been curious about something. What about parodies? You know, Weird Al style rip-offs?

I've heard they are an exception to the copyright laws as long as the original lyrics aren't used, is that correct?
 
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