Bass Tracks....

[Bob Faulkner]

Mike, another potentially sticky area here is copyright. It would likely be wise to add a sticky to each forum to cover Ken's butt when it comes to copyright issues. Any clips you guys host could be a copyright violation if the person uploading it isn't the copyright holder. You would probably want to put up a notice instructing people to not upload any music they do not own the copyright on.

This may affect Tim's upload as it could be construed as a work for hire which means he's not the owner. A sad state of affairs exists where even though a musician plays on a recording, he/she probably doesn't have the right to copy and play it. You may also want to add that anyone who uploads a clip to you who does own the copyright gives KSB an unlimited license to copy and distribute that copy.

And to top things off, you may want to add that all files uploaded are the responsibility of the person uploading them, and that any files found to be in violation of a copyright will be removed upon notice from the copyright holder, etc..

I don't want to come across as a stick in the mud, but with the warpath the recording industry has been on recently, I'd rather KSB stay out of their cross hairs so I can order more basses..

[Ken Smith]

Originally Posted by Bob Faulkner

Mike, another potentially sticky area here is copyright. It would likely be wise to add a sticky to each forum to cover Ken's butt when it comes to copyright issues. Any clips you guys host could be a copyright violation if the person uploading it isn't the copyright holder. You would probably want to put up a notice instructing people to not upload any music they do not own the copyright on.

This may affect Tim's upload as it could be construed as a work for hire which means he's not the owner. A sad state of affairs exists where even though a musician plays on a recording, he/she probably doesn't have the right to copy and play it. You may also want to add that anyone who uploads a clip to you who does own the copyright gives KSB an unlimited license to copy and distribute that copy.

And to top things off, you may want to add that all files uploaded are the responsibility of the person uploading them, and that any files found to be in violation of a copyright will be removed upon notice from the copyright holder, etc..

I don't want to come across as a stick in the mud, but with the warpath the recording industry has been on recently, I'd rather KSB stay out of their cross hairs so I can order more basses..

Have you guys seen 'you tube'? Have they been sued for any of the Vids on their site? We are not selling this here. It is just the players posting some clips to share it with their friends? Do you send royalties to BMI or ASCAP each time you play a song at home or for your friends or even in a club?

This is not a commercial section here at all. We are not selling any music. I have an entire Thread about Violin Books to read or buy. If anything, those publishers should send me a Gift, not a Writ! If someone puts out a CD and you promote that, you should get rewarded, not sued! If you have some Bass playing you wish to share, then share it..

[Mike Smith]

Originally Posted by Ken Smith

If someone puts out a CD and you promote that, you should get rewarded, not sued!

Too bad the world doesn't work that way =p And also, YouTube has been sued in the past, or at least people have attempted to sue them, but now that Google owns them, and Google is too mighty and powerful, there's nothing they can do to them. Us on the otherhand.. I'm not too sure

We're already protected as every member agrees to follow the rules which state:

Although the administrators and moderators of Ken's Corner (Bass Forums Sponsored By KSB) will attempt to keep all objectionable messages off this forum, it is impossible for us to review all messages. All messages express the views of the author, and neither the owners of Ken's Corner (Bass Forums Sponsored By KSB), nor Jelsoft Enterprises Ltd. (developers of vBulletin) will be held responsible for the content of any message.

The owners of Ken's Corner (Bass Forums Sponsored By KSB) reserve the right to remove, edit, move or close any thread for any reason.

But it wouldn't hurt at all to add in the sticky I already put up that make sure the content is yours and that after you put it up there, we have permission to distribute it and so on.

Thanks for your concern Bob

[Bob Faulkner]

Originally Posted by Ken Smith

Have you guys seen 'you tube'? Have they been sued for any of the Vids on their site? We are not selling this here. It is just the players posting some clips to share it with their friends? Do you send royalties to BMI or ASCAP each time you play a song at home or for your friends or even in a club?

This is not a commercial section here at all. We are not selling any music. I have an entire Thread about Violin Books to read or buy. If anything, those publishers should send me a Gift, not a Writ! If someone puts out a CD and you promote that, you should get rewarded, not sued! If you have some Bass playing you wish to share, then share it..

You're preaching to the choir Ken!

I've made all our music free to share. I look at it as free advertisement and a compliment.

But there are a lot of large organizations that are suing 5 year olds, grandmothers, and dead people for allegedly sharing low bitrate crap copies of crap music.

My big worry is that by allowing the uploads to your server (which is an excellent service!), you may be taking on some liability in distributing the files. Google can get out of it because they have an army of lawyers to fight off the other company's army of lawyers. I don't think you have an army on retainer, which is why I brought this up.. No biggie, as long as you have a statement in the rules or something that specifically covers uploaded content. You may never get bitten on this, but they are claiming damages of $150k per song hosted when they sue others on this.

I think as long as you actively respond to DMCA take down notices you can't be targeted.

[Michael DiFebbo]

Originally Posted by Ken Smith

Have you guys seen 'you tube'? Have they been sued for any of the Vids on their site?

As a matter of fact, yes, they have: http://news.findlaw.com/hdocs/docs/g...e31307cmp.html

So far, youtube has relied on the safe harbor provisions of the DMCA, but it looks like the boundaries of that safe harbor provision may be tested in this suit.

[Ken Smith]

Originally Posted by Michael DiFebbo

As a matter of fact, yes, they have: http://news.findlaw.com/hdocs/docs/g...e31307cmp.html

So far, youtube has relied on the safe harbor provisions of the DMCA, but it looks like the boundaries of that safe harbor provision may be tested in this suit.

Do you think we should keep it to original tunes only or even better yet, no tunes at all, just jammin?

Who owns the rights to G major? All 4 octaves.. Anyone know?

[Bob Faulkner]

Originally Posted by Ken Smith

Do you think we should keep it to original tunes only or even better yet, no tunes at all, just jammin?

If you want to be 100% sure you're safe, yes. In reality, as long as you post notices that clear you of having to be a copyright cop, and respond to take down notices, you should be fine.

Originally Posted by Ken Smith

Who owns the rights to G major? All 4 octaves.. Anyone know?

The Recording Industry Association of America, or at least they think they do.

[David Powell]

One thing I like about Ken Smith is he is a true rebellious kindred spirit! Even so, we should be cautious. One has to wonder if instrumental versions of "All Along the Watchtower" and "Don't Fear the Reaper" are not just different arrangements of the same tune. And there are hundreds of other examples like that. Twelve bar blues, anyone? How can one tell if a tune is in the public domain? We could all do the ancient Child Ballads? What about classical and baroque? Who owns Beethoven or Vivaldi? There must be a good bit we can work with that is safe territory for a primarily educational purpose.

But I'm taking C major. I want the Lydian mode. Oops, that's Terrapin Station! Sorry Jerry!

[Mike Smith]

i was just wondering, I thought people would be jumping all over this idea, but no one is posting any of their stuff