Babylon 5 music is featured on my own myspace page

[Jan]

Okay, folks, I'm locking this thread. Alex has asked me to delete the thread but I'm going to verify it with him first because Amy's right about the educational possibilities here.

Meanwhile, it seems to be testy out all over so I'd appreciate it if everybody took a deep breath and went to neutral corners.

Jan
Moderator

[nova]

My guess is that after this posting, some B5 fan will rat you out, and you will get a warning from myspace. As for that last comment...I'm certain myspace is already dealing with piles of "cease and desist" letters from copyright owners.
...
No, you didn't. And you don't. Because you know you are doing something wrong now, but still you persist. Incredible.

I agree with Amy. You are not only in error legally, you are doing it willfully now that you KNOW you're wrong. Which is worse. And in the spirit of Babylon 5 being about choices and personal responsibility, here's a choice for you...

Remove the music from your myspace, or we can all report you. I don't mind being a "rat" if it's for a good cause. And no, you don't always get a warning. I've been on myspace for a long time, and I've known plenty of people who have screwed up and been cut off. No warning. No passing go or collecting 200 dollars. And the fact that you are not alone does not make you right. And if you're B5 fan and a fan of Chris Franke, you should damn well know better!

[Radhil]

morally I'm not doing anything wrong and myspace is actually the real problem not me.

This statement is commonly known as projection in psychiatric circles. Look it up.

However, because legally I am doing something wrong I just won't be making any more annoucements.

Or... you could call up Franke, Joe, anyone actually involved in the mess and see what you actually could do rather than hide. Derivative works, and fan compositions, while there's still some dispute in some areas, I believe are a lot less likely to cause trouble.

Sorry for the mess everyone... I had good intentions.

No, you didn't. And you don't. Because you know you are doing something wrong now, but still you persist. Incredible.

Ah well. I can pave my road at least.

[AmyG]

OK everyone...I just talked to my friend Matt in Michigan. Legally yes what I'm doing wrong. However, there is that great area that is being used.

Alex, I'm guessing you mean "gray area," and perhaps your friend put the term "fair use" in your ear -- that's usually what people mean when they are talking about "copyright" and "gray area" in the same breath. In any case, your use is not isn't fair use, and you'd be hard pressed to prove that it is. In the service of commentary or critique -- say, if you had a blog that reviewed music -- you'd be able to post small excerpts of the piece you're reviewing, but as I said, in this instance you'd be hard pressed to prove a legitimate fair use exception.

I was told by my friend that perhaps publicly I probably shouldn't say anything anymore.

No, what you ought to do is remove the copyrighted works from your myspace page. :-)

Jan if you want to delete this thread go ahead. Now that everyone knows that I have posted music on my page there is no reason to keep this thread anymore. He also told me that if I want to keep posting music more than likely I will get a warning from someone before my account gets deleted. But if that is the case I wouldn't be the only one. I also think myspace would eventually get into trouble for allowing this service.

In my opinion, there's no reason to delete this thread. It's informative for anyone else contemplating doing the same thing.

My guess is that after this posting, some B5 fan will rat you out, and you will get a warning from myspace. As for that last comment...I'm certain myspace is already dealing with piles of "cease and desist" letters from copyright owners.

I still want everyone to know that the music is still posted but I'm not going to announce anymore..morally I'm not doing anything wrong and myspace is actually the real problem not me.

You're dead wrong in this. If the music is posted, you are still infringing on Chris Franke's copyright, and that is both legally and morally wrong. Stop stealing money from artists you admire; if you want them to be able to stay in business as an artist, and produce more music, do the right thing. Ask his permission. Maybe he has a very reasonable license fee, and anything you pay him just goes towards his ability to make more incredible music.

However, because legally I am doing something wrong I just won't be making any more annoucements.

So, you know you're doing something wrong legally...what makes you think that isn't also wrong morally? Where do you draw the line? On what basis do you make this moral judgement?

Again there are some bands that are happy to help promote their band and I'm not making any money either.

Whether or not you are making money on an infringement doesn't affect the fact that it's an infringement at all.

Sorry for the mess everyone... I had good intentions.

No, you didn't. And you don't. Because you know you are doing something wrong now, but still you persist. Incredible.

[Babylon5fan07]

Again after reading everyone's posts..sorry...again I'm not the only one.. perhaps myspace needs to take off the service. No more announcements from me about the music. I still want to tribute the show but I'll do it in my own way

Again Jan if you want delete this thread. I know where I'm in the right and in the wrong.

Alex

[Babylon5fan07]

OK everyone...I just talked to my friend Matt in Michigan. Legally yes what I'm doing wrong. However, there is that great area that is being used. I was told by my friend that perhaps publicly I probably shouldn't say anything anymore. Jan if you want to delete this thread go ahead. Now that everyone knows that I have posted music on my page there is no reason to keep this thread anymore. He also told me that if I want to keep posting music more than likely I will get a warning from someone before my account gets deleted. But if that is the case I wouldn't be the only one. I also think myspace would eventually get into trouble for allowing this service.

I still want everyone to know that the music is still posted but I'm not going to announce anymore..morally I'm not doing anything wrong and myspace is actually the real problem not me. However, because legally I am doing something wrong I just won't be making any more annoucements. Again there are some bands that are happy to help promote their band and I'm not making any money either.

Sorry for the mess everyone... I had good intentions.

Alex

[nova]

From Myspace...

Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of MySpace.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to MySpace.com by the copyright owner or the copyright owner's legal agent.

Full text of MySpace terms and conditions can be found here...
http://www.myspace.com/Modules/Commo...onditions.aspx

[AmyG]

Actually I'm not doing anything wrong. If you go to myspace you will see that it gives permission for people to rip their own cd's and post them on the the internet. No one can copy any of my own music. Yes there is a copyright law but I purchased them legally and I posted them legally. I don't think myspace would allow people to post mp3 copies of songs from any group or any artist if it isn't allowed. I haven't copied these songs from anyone I copied them from myself.

You do not understand copyright law. Buying a CD gives you the right to play the music for yourself, but not to distribute or perform the music therein publicly. What you are doing -- distributing and performing someone else's copyrighted music publicly -- requires, at the very least, a license from ASCAP (or from whichever performing rights society Chris Franke belongs to).

If you want to get a basic understanding of copyright law and how it applies to your situation, take a look at this:

Podcasting Legal Guide

Yes, your use isn't a podcast, but the basic premise is the same. This link points you directly to the section on using copyrighted music. Learn, and enjoy!

By the way: when myspace says "your music," they do not mean "your commercial CDs that you have in your own record collection" -- they mean your own music, that is, music you created yourself (and for which you haven't given away the copyright).

[Jan]

Can everyone relax now? Don't blame me...blame myspace if there is a problem.. they are allowing everyone to post music.

Alex, I'm sorry but you're wrong. It's up to *you* to know if you have permission to post copyrighted material. MySpace does try to police things and takes things down when it notices a problem but it's you who faces legal consequences, not them.

Nobody's jumping down your throat, but since this site is dedicated to JMS and his works, we're very strongly against using copyrighted intellectual property without specific permission around here.

Does, Chris Franke have a MySpace page? Does he have some of his own music up? Perhaps it would be better to link to that. I know that you want it to be a tribute but better safe than sorry, as the saying goes.

Jan

[Radhil]

I don't think myspace would allow people to post mp3 copies of songs from any group or any artist if it isn't allowed.

Bzzzt.

Right there, I'm sorry to say, you lose.

They allow posting of MP3's because MP3's can be of any music, including your own. Not because any music is allowed.

Not saying it's right. Just saying it is.

And if Myspace is allowing this as you claim, chances are they're already being sued out of existance by one music corp bully or another.

[Babylon5fan07]

I'm sharing the listening not the actally song to anyone..there is a difference. I've already done my research on myspace...There wouldn't be any music allowed to be posted by anyone if myspace didn't allow you to post mp3 copies of music. Look around there are differen't pages with differen't music. 80's fanatactics such as myself have copies of music that are available on the internet. I"m not sharing my music they are only posted to listen..that's all.

[Babylon5fan07]

Actually I'm not doing anything wrong. If you go to myspace you will see that it gives permission for people to rip their own cd's and post them on the the internet. No one can copy any of my own music. Yes there is a copyright law but I purchased them legally and I posted them legally. I don't think myspace would allow people to post mp3 copies of songs from any group or any artist if it isn't allowed. I haven't copied these songs from anyone I copied them from myself. And I think that's why there is a 20 song limit anyways.

Why is everyone jumping down my throat? I've been posting music from my own cd collection for a couple months already. This has been a feature for myspace for quite some time. I'm not the only one that rips their own cd collection and posts them on the internet. In fact I'm friends with a band thats quite pleased that I'm helping them promote their music.

If anyone wants to complain perhaps myspace is where you should vent. Again let me repeat.. the songs I post are not available to copy by anyone and #2 I haven't copied them by anyone. They are my own self purchased cd's, I ripped them and I'm allowing people to hear them for a while. They aren't going to be up there forever because I constantly change the songs.

Can everyone relax now? Don't blame me...blame myspace if there is a problem.. they are allowing everyone to post music.

Alex

[Dr Maturin]

Sacramento, CA

Sactown in the hizooooouse!

[nova]

Capt.Montoya is right, Alex. You really should get permission from Christopher Franke to post those pieces. You may be able to contact him through his SonicImages site.

Jan

I believe Chris has his own myspace as well. Not to mention myspace has rules against that sort of thing. I'd cease unless you want them to pull your entire profile.

[Jan]

Capt.Montoya is right, Alex. You really should get permission from Christopher Franke to post those pieces. You may be able to contact him through his SonicImages site.

Jan