I think this calls for a new term: The Streisand Paradox. Anyone naïve enough to incur the wrath of SE and is either unaware of SE or unable to conceptualize it without its history or name might take its expiation as a threat. So, do you explain it to would-be victims or just let the Effect play out to let them understand, first hand, its sheer power?
To summarize, U.S. Copyright Law prohibits Mixcloud users from using more than 3 songs from an album or more than 4 songs by the same artist in a mix so that Mixcloud may benefit from a 114 statutory license that they pay to SoundExchange.
CHAPTER 1—SUBJECT MATTER AND SCOPE OF COPYRIGHT, 17 U.S. Code § 114. Scope of exclusive rights in sound recordings (j) Definitions
(13) The “sound recording performance complement” is the transmission during any 3-hour period, on a particular channel used by a transmitting entity, of no more than— (A) 3 different selections of sound recordings from any one phonorecord lawfully distributed for public performance or sale in the United States, if no more than 2 such selections are transmitted consecutively; or (B) 4 different selections of sound recordings— (i) by the same featured recording artist; or (ii) from any set or compilation of phonorecords lawfully distributed together as a unit for public performance or sale in the United States,
So, a few questions.
Does Mixloud pay a statutory license to PROs outside of the U.S.?
How does U.S. copyright law apply to the performance inside the U.S of artists who are not party to SoundExchange?
If an independent artist does not "lawfully distributed for public performance or sale in the United States" then this restriction should be exempted, correct?
If you wanted to produce a show which featured a different live performances by an artist in each show, which will most likely exceed 4 songs you must buy a licence from one or more U.S. PROs and you could not use Mixcloud to host it, is that correct? Or could you buy a licence and then us Mixcloud?
I know of an independent artist in the UK who made a mix containing only a dozen his own songs, and it is blocked here in the US. Your mix will be blocked as well.
Great point, Keith. US PROs have been blocking content outside of the US for a while and now they are doing it inside the US in a case where they have no jurisdiction.
My mix does have more than 3 songs by 2 artists each. However, neither of them are represented by SoundExchange, ASCAP, BMI or SESAC. I looked them up in all for PRO site. I e-mailed Mixcloud about this and got their same boilerplate response.
So the message this sends to the bullies: as long as this kid brings his My Little Pony backpack you can beat him up because you just can't control yourself.
Yes, I remember Chris has admitted elsewhere got the idea from IRC. Back then ('07 I think) the idea was you could create an adhoc facsimile of and IRC room by tweeting and searching (on a 3rd party site, I can't remember the name now) for hashtags.
Here is my question: where does Adam Horovitz's uber-feminist wife Kathleen Hanna have to say about attempts to stifle a song about girl power in her husband'a name?
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new term?
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Re:
To summarize, U.S. Copyright Law prohibits Mixcloud users from using more than 3 songs from an album or more than 4 songs by the same artist in a mix so that Mixcloud may benefit from a 114 statutory license that they pay to SoundExchange.
from http://www.law.cornell.edu/uscode/text/17/114
So, a few questions.
On the post: Performance Rights Organizations Again 'Protecting' Artists By Killing Off Revenue Streams
Re: Re:
On the post: Performance Rights Organizations Again 'Protecting' Artists By Killing Off Revenue Streams
Re:
On the post: Performance Rights Organizations Again 'Protecting' Artists By Killing Off Revenue Streams
http://support.mixcloud.com/customer/portal/articles/1595566-us-licensing-sound-recording-comple ment-rule
On the post: Performance Rights Organizations Again 'Protecting' Artists By Killing Off Revenue Streams
http://www.mixcloud.com/nsputnik/library-and-radiophonioc-influence-revealed/
My mix does have more than 3 songs by 2 artists each. However, neither of them are represented by SoundExchange, ASCAP, BMI or SESAC. I looked them up in all for PRO site. I e-mailed Mixcloud about this and got their same boilerplate response.
Thank you for addressing this Tim.
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