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lightalex2014-11-11 18:08:14
Audio
lightalex, 2014-11-11 18:08:14

Will there be copyright infringement on the site?

Hello!
Let's assume the situation:
There is a social network
There is a page with audio
recordings Audio recordings are added by the users themselves and when they are added, it is displayed that "The audio file must not violate copyright and related rights"
Also, when registering, the user agrees with the rules of the site, which says that the site is not responsible for copyright infringement rights when a user downloads audio recordings
. If the copyright holder notices a violation, he can write to those. support and audio recordings with the given name and the same size will be deleted
Now the question
itself Does the site itself violate copyright? Is there anything to judge him for?

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5 answer(s)
3
386DX, 2014-11-11
@386DX

Actually, if I don’t confuse, VKontakte is now suing Sony Music over copyright on audio recordings, when there is a final decision, then there will be an answer.

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Philipp, 2014-11-11
@zoonman

The site does not violate the rights, violates the owner of the site.

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azShoo, 2014-11-11
@azShoo

If, when uploading a file, the user explicitly agrees that the content he uploads is not the object of someone else's copyright (or he has the right to distribute this content), then the site is not an "infringer".
But, two points must be taken into account:
1) We will have to promptly process and remove the demands of the right traffickers. In particular, the evaluation criteria you specified "violates - does not violate" they may not be satisfied.
2) You may be required to provide uploader data for further investigation with them.

A
Alexander, 2014-11-11
Madzhugin @Suntechnic

Here's another funny lohak that no one has yet tried to use like - copyright infringement occurs when brought to an UNDEFINED circle of people. Thus, if you show audio recordings only to those users who registered on the resource before the recording was added, then bringing the copyright object to a well-defined circle of people and therefore is not a de jure copyright infringement. And if the law was respected in our country, you would have nothing for it;)

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Nutterix, 2015-01-08
@Nutterix

Here's another funny lohack that no one has tried to use yet.

And don't try. If you try to build your defense position on such an explanation, you will lose. And here's why:
The ways of using a work (which is a music track in the understanding of the Civil Code of the Russian Federation) are listed in Art. 1270 GK. See there the wording of what reproduction of a work is and bringing a work to the public (note to the author of the previous comment: there is no concept of "bringing to an INDETERMINATE circle of persons", there is a concept of "bringing a work to public knowledge"). So, your site will provide users with both of the above ways of using other people's tracks. Therefore, in order to consider yourself safe from excessive liability, you need to:
1) clearly state in the terms of use of your service that the user places tracks at his own risk and under his own responsibility (as you were correctly pointed out earlier); that you, as the administration of the service, can remove tracks from the service at the request of copyright holders
2) study the provisions of Art. 1253.1 of the Civil Code on your possible liability as an information intermediary (well, at the same time look for judicial practice on it in order to understand how it is applied by the courts in reality).

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