Is it legal to upload music on my website/server?

Question

I am thinking of a website idea but dont understand all the copyright laws yet. I want to make a website that I can upload songs to and then share that playlist to people who can then stream the music to their computers/phones. The songs will not be downloadable either. I believe it is the same idea as a online radio that streams music or makes hour long mixes. Is this idea legal to do or do I run the risk of getting into trouble?

If the first idea isn't legal, then I have a modified idea. Instead of hosting/uploading the music on my website, can I make my website a middle-man between other websites that host/upload the music. Essentially making a playlist out of youtube videos and soundcloud tracks. None of the music will ever land on my server. It will just autoplay the music in a playlist from different websites. Is this idea legal or is it risky?

For both ideas I will be running ads on the website.

If its possible, I would like some input along with an answer as opposed to just a simple sentence or two answer. :]

Answer 1

if you are intending to make money (it does not matter if you ever actually do) you must pay for the right to use the music. you are no different than a radio station...

it does NOT matter what process you use and whether or not the music is on your server is irrelevant, all that matters is your intent for the music.....



your idea for using other websites intellectual property is a criminal offense, and it violates their terms of service which would make it a civil issue as well....





you can stream music you own or have paid for, you can create your own music or buy a CD and play that music all you want, you can share it with others BUT you can not charge for the service and you can not sell adds...

it must be totally and completely free and you must ensure through the use of appropriate software that the music can not be downloaded or used by anyone else...





for more information:

BMI at http://www.bmi.com/

ASCAP at http://www.ascap.com/

Answer 2

Website To Upload Music

Answer 3

@Micr is certainly correct for the most part and on the right track.



However, it should be made more clear: the intent to profit (commercial advantage or private financial gain) is only an element of CRIMINAL copyright infringement.



Unless you have a statutory exemption or a license, any other reproduction or distribution of copyrighted works, including music, is completely illegal. You can be sued for up to $150,000 for each song.



Ask Mrs. Thomas, a Minnesota housewife caught downloading or uploading 24 songs on the internet, using KaZaa for peer-to-peer copying. She was sued by Capitol Records and a jury found her liable for $80,000 per song - a total of $1.92 million. She lost her appeal in the federal 8th Circuit last September and my have to pay the original jury verdict of $220,000.



The fun part is this: No only is your UPLOAD of unauthorized copies a copyright infringement, any download OR STREAMING of those illegal copies are also, by definition, illegal copies too. That means when you're sued and your servers are seized, anyone who has ever accessed your site can also be sued for copyright infringement.

Answer 4

Uploading music that you don't own the copyright on is NOT legal, my friend ... the same with movies. The legal copyright holder(s) can ask for sites, such as YouTube, to remove the offending material, and this does happen on occasion.

Answer 5

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Any file of ANY description which is copyright is taboo. Why do you think Limewire was shutdown by federal court order? Who knows what will happen if and when SOPA (look it up) is enforced. Oh, let's not forget Megaupload, which was shutdown - just days ago.

Answer 6

So many insightful answers here