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TOS Articles C) 16

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nickit
in the TOS, article C)16 states:

Quote:
MP3 and other music files are forbidden on our servers. Some exceptions might be made for self-made music hosted in one directory together with a legal.txt file explaining that the music files are completely legal. A written permission from an administrator is necessary prior to uploading the files. Remixes aren't considered as self-made music. Permission should be asked in the Request an Account Change forum.


ok, now i have a question about that. I am planning on creating a site for musicians to share their work with other musicians. Would i have to have all users create a legal.txt, or would i be able to work out a deal with the admins/mods of fri host so that i could put in the user agreement when you sign up, something like "posting music on this site means you agree that you are the legal owner of this work" (ofcorse it will be alot longer than that but you get the point)

I'm not sure how this forum works and if theres much spam as this is my first post, but please only respond if you have something helpful to say.
rvec
I think that is you make some small ToS which the uploader has to agree with before being able to upload stuff is good enough.

Only possible problem: c14 states
Quote:
Starting your own free/paid webhost, image host or email host on our servers.


I am not sure if this also applies to mp3 host, but if it does you can't create something like myspace. Not sure what you exactly want to do though. I'll ask tidruG.
nickit
rvec wrote:
I think that is you make some small ToS which the uploader has to agree with before being able to upload stuff is good enough.

Only possible problem: c14 states
Quote:
Starting your own free/paid webhost, image host or email host on our servers.


I am not sure if this also applies to mp3 host, but if it does you can't create something like myspace. Not sure what you exactly want to do though. I'll ask tidruG.


yes i read that and i was under the assumption that it was only talking about image or email. If the case is that webhosting for music is not allowed, then i would host it elsewhere but still create the webpage on frihost.

please get back to me though regaurding article c)14. thank you
tidruG
I think the major issue will be article C-14 as Rvec stated.

Quote:
If the case is that webhosting for music is not allowed, then i would host it elsewhere but still create the webpage on frihost.
If you can do that, it would be ideal.

Also note that even if the music files are hosted elsewhere, if you want to link to them, you will still have to make sure that none of the files are illegal or breech copyright issues. This is a safety clause that protects not only Frihost, but you as well.
nickit
ok so say i dont use frihost as a host for my webpage.
wouldnt i be able to avoid that by requiring the users to agree to a waver saying that they are responsible for the legality of what they are uploading??
tidruG
Quote:
ok so say i dont use frihost as a host for my webpage.
If you don't use Frihost for the webpage, then that would mean you're using it for the mp3 files only, which is DEFINITELY not allowed Razz. So I assume you mean that you're not using Frihost as the host for the MP3 files.

Quote:
wouldnt i be able to avoid that by requiring the users to agree to a waver saying that they are responsible for the legality of what they are uploading??
That is highly recommended, of course. But even if you put in big bold letters that your site members have to make sure that they're not putting up anything that violates copyrights of any other piece of music, I still recommend you try to go through everything that anyone uploads just to make doubly sure. While some users may upload some illegal files unintentionally, there may be plenty of trouble-mongers out there who might upload something troublesome for you intentionally.
mOrpheuS
nickit wrote:
Would i have to have all users create a legal.txt

The "legal.txt" only has to be a declaration of legality - it doesn't have to be specific to each and every music file that you carry on your site.
But having your users explicitly state their ownership of the music they post, in the legal.txt, is not a bad idea either.

nickit wrote:
i could put in the user agreement when you sign up, something like "posting music on this site means you agree that you are the legal owner of this work" (ofcorse it will be alot longer than that but you get the point)

While that's a good idea in theory ... in practice, it doesn't work that way.

Files/content hosted on your hosting account will always be your responsibility.

If a user puts up content that violates copyrights on your site, he/she might ultimately get prosecuted ... but it's your site that will be taken down first in case of a C&D letter from a law-firm. Wink

tidruG wrote:
I still recommend you try to go through everything that anyone uploads just to make doubly sure

Exactly - what is it that you're going to do, besides the standard "agreement", to stop a user from hosting illegal content on your site ?
nickit
tidruG wrote:
If you don't use Frihost for the webpage, then that would mean you're using it for the mp3 files only


i actualy meant the whole thing, website and files (as a hypothetical situation).

mOrpheuS wrote:

Exactly - what is it that you're going to do, besides the standard "agreement", to stop a user from hosting illegal content on your site ?


well i would have a group of specially chosen moderators to go through the music uploaded to make sure theres no compywriting infringments.
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