New Wave Outpost Forum

Sorry, to come up again with this, but since I recently got the point, I just want to let you know, because some (most) of you may rely on the same "misunderstanding", I had a long time.

We all here justify our "posting policy" by restricting postings to songs, that are "rare" and not commercially available (any more).

BUT: Concerning copyrights it doesn't matter, if a song is out of print or not!

The point of copyright is, that the copyright owner (i.e. in most cases the composer) always has to allow public distribution of his work (e.g. by being paid for it). For example, if a web radio plays a song from a record, which is out of print, it still has to pay a fee to the copyright owner (or the organisation representing his rights). As a private person you pay this fee, when you are buying the song (from iTunes or on CD).

Of course, most of the artists or their "rare works", we're talking about, are long forgotten and maybe most of them would be pleased, that these songs still find an audience. But from law's view, it's illegal to post these songs in public. As long as you send a link via e-mail, everything is ok, because it is not public. But posting a link on the forum is like doing a radio broadcast of the song..

Maybe laws will change someday "into our direction", but until then we'd definitely be safer in a private forum!

It's also illegal going 60 in a 55mph zone. But the cops never stop you for that since everyone else is going 80. They CAN but usually don't. I think MikeP's point might be that if you keep it to the rare stuff and it's not even hosted on this site, the visibility and upside to anyone prosecuting would be pretty small. It then really becomes a promotional or revivalist activity of lost or fading music. I can see someone asking nicely to chill but not prosecuting for that.

[quote][i]Originally posted by Blir[/i]
<br>It's also illegal going 60 in a 55mph zone. But the cops never stop you for that since everyone else is going 80. They CAN but usually don't. I think MikeP's point might be that if you keep it to the rare stuff and it's not even hosted on this site, the visibility and upside to anyone prosecuting would be pretty small. It then really becomes a promotional or revivalist activity of lost or fading music. I can see someone asking nicely to chill but not prosecuting for that.
[/quote]
Bilr, you helped me in the past, as I helped you, but on the issue of Copyright law, 1980-F is correct.

Edit - to add to the post
Actually it is not necessarily always illegal to go over the posted speed limit -- the term "Reasonable and Prudent" applys in many cases:

http://www.motorists.com/issues/speed/ModelLaw.html
Prima Facie Speed Limits: Numerical speed limits (statutory and/or posted) that, if exceeded, justify enforcement action. However, if the accused motorist's actions can be proven to be safe, [b]reasonable and prudent[/b] for the prevailing conditions, the charge of speeding shall be dismissed by the court of jurisdiction.

However, I would not try that in a School Zone, where the speed limit is 15mph -- though it is also equal to the slowest speed of any vehicle in the school zone. Since passing is not allowed in a school zone, if a car is going 0 mph (basicly at a stand still) then at that moment, the speed limit is Zero.

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"Photography with a Vision"
http://www.cooganphoto.com

[quote][i]Originally posted by Dan Coogan[/i]
<br>
Bilr, you helped me in the past, as I helped you, but on the issue of Copyright law, 1980-F is correct.
[/quote]
Of course he's correct Dan. That's not what's being debated. It's about what really creates exposure and what really creates damage. Theory and practicality are sometimes different things. But again, we've had our say. It's Mike's deal now.

I guess you're all right. But as far as I'm concerned, a lot of my CDs would never have made it into my collection if there hadn't been a forum like this or some p2p networks - and I've spent quite a lot on Cds over the last few years. I'm still willing to pay a certain price if I get a great piece of music for it (that's why most of the releases by modern bands are out of the question, although I wish it weren't so).
Plastik

[quote][i]Originally posted by Plastik44[/i]
<br>I guess you're all right. But as far as I'm concerned, a lot of my CDs would never have made it into my collection if there hadn't been a forum like this or some p2p networks - and I've spent quite a lot on Cds over the last few years. I'm still willing to pay a certain price if I get a great piece of music for it (that's why most of the releases by modern bands are out of the question, although I wish it weren't so).
Plastik
[/quote]


Couldn't agree more, that sums up my views completely.

I'm willing to pay what it costs for a CD as witnessed by paying £75 for the Japanese-released Sunfire S/T CD. I think it made sense at the time...


--

"As chairman of the Cradle of Filth fanclub I'm the most insensitive man in Britain, but even I can see there's tension there"

can i interrupt for a second? this posting fuss surface again, is it because i posted two songs. i'm very sorry. i deleted the links on the two threads and nothing like that will be exercise again. i understand what mike p had said.
ok you men can continue with your discussion while i continue with my cooking.[:D]

Should a private forum become something we all would like, I would be willing to set that up.

However...

My fear is that if everyone started going over there, this forum would become a ghost forum. I wouldn't want a private forum detract from this one.

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<font size="1"><font color="green">[i]All artists, potentially, are the victims of their desire to be unique[/i]</font>

My little internet radio station--> <a href="http://www.extremely80s.com">www.extremely80s.com</a></font>
</font>

[quote][i]Originally posted by noor[/i]
<br>can i interrupt for a second? this posting fuss surface again, is it because i posted two songs.
[/quote]
Absolutely not noor. This is simply a discussion.

Must we continue this discussion?

Blah Blah Blah *rolls eyes & barfs in toilet*

<img src="http://i11.photobucket.com/albums/a197/cdmaniac/omcoverbigntiny.jpg" alt="Image hosted by Photobucket.com">[i]All I Ever Wanted[/i]

[quote][i]Originally posted by IWantMyMTV[/i]
<br>Must we continue this discussion?

Blah Blah Blah *rolls eyes & barfs in toilet*

<img src="http://i11.photobucket.com/albums/a197/cdmaniac/omcoverbigntiny.jpg" alt="Image hosted by Photobucket.com">[i]All I Ever Wanted[/i]
[/quote]

thanks for that speedy "the end".

Maybe you're right and we should end the discussion. A few last words from me, since I begun with this thread:

- I'm not against posting at all! I also do it here from time to time. And I definitely did not want anyone to remove his links.

- I agree with Blir, that the "danger of prosecution" might be very low, as long as we keep up the "rare stuff only policy", but I just wanted people (who maybe aren't) to be aware of what they're doing.

- In the "other" thread about this topic I suggested keeping the forum public, but making links only available for registered users (if this is technically possible).

- Of course, it is everyone's own decision, if he'll still post or not.

i havbent been on in several several several, and i guess i missed something and im glad i missed it because what is this crap about.
it sounds like hall monitors arguing with each other.

I've seen several of these threads so far. I think the BEST and least change is the user asking post a free email or if you want to keep it onsite, have some sort of IM or PM where people can send "yousendit links" I do have legal copies of my mp3 but the freaking cassettes are deteriorating. Of course RIAA would say buy another copy but some are from record companies gone, bought out or the album is NOT IN PRINT!

A few points I would like to express on this topic.

Respect of artists livelihood is not eroded by the exchange of mp3's which are totally for evaluation purposes only.

Forums like this actually are the impetus to encourage one to spend money on the very artists!!!!!

Having a digitalised version is not quite the same as the smell, touch or feel of vinyl, tape or CD.

Of all forums around this one should in reality not suffer from a guilt complex, after all I don't see any mp3's of Metalllica available for download.

Long live the NWO in it's current format.[:)]

Faithless In Faith We Must Behold The Things We See.....