corporate policies for mp3 usage

Kali

I'm having trouble finding something along these lines...

Basically, I need to find out the legal status of MP3s within a private network, they are non-distributable from that network.. no-one in the company can use P2P-type applications, however there exists an MP3 server that employees use to store their own music (yep old argument..)

Is a policy of disallowing either the download/upload of copyrighted material (via ftp/p2p/http whatever) sufficient for a small company or would a complete ban of MP3s serve better?

From an infrastructure point of view I prefer to have all MP3s on the one server as opposed to every single machine being riddled with a couple of GBs and since every machine with sharing enabled is browseable by default, it stops duplication of copyrighted material (although not transmission and playback)... argh. help

Thraktor

You're entering a minefield, I read recently that in Ireland, legally speaking, if you want to rip a CD onto a computer you have to actually ring up the record company and ask permission for each individual track you want to convert to MP3. So, chances are, if you've got a single MP3 on a single computer in your office, you're technically doing something illegal one way or the other. Realistically though, provided you have a company ban on downloading copyrighted material and do your best to enforce it, you shouldn't have any problems with employees playing their own MP3s off a company server.

Evilution

Just bring in an Ipod or something. Prob sorted.

BolBill

Thraktor wrote:

You're entering a minefield, I read recently that in Ireland, legally speaking, if you want to rip a CD onto a computer you have to actually ring up the record company and ask permission for each individual track you want to convert to MP3. So, chances are, if you've got a single MP3 on a single computer in your office, you're technically doing something illegal one way or the other. Realistically though, provided you have a company ban on downloading copyrighted material and do your best to enforce it, you shouldn't have any problems with employees playing their own MP3s off a company server.

Yeah and IMRO are deleting MP3s from government department PCs , ho ho ho, unless they are moved to your C Drive, ha ha ha......

Doctor J

AFAIK you are entitled to listen to mp3's you own, or mp3's ripped from CD's you own. However, once they end up on a server and other people (who do not own the music in question) have access to listen to it, then you're entering copyright infringementville. TBH, it's a bit of a grey area, if you consider a radio played in an office, many people hear music they don't own, though the station pay royalties (and possibly the company too to IMRO). It should fall under the same area as on-hold music, in my opinion, though I can't see the company being too chuffed about paying royalties on this kind of thing.

The way I see it, if you bought the music then you are entitled to listen to it in any format you want, provided only you have access to it.

John

Doctor J wrote:

The way I see it, if you bought the music then you are entitled to listen to it in any format you want, provided only you have access to it.

So keep your headphones down on the bus

alb

Wouldn' a shared mp3 server of music privately owned by employees be more akin to ppl bringing in CDs they own anad playing them on a stereo in the office. Is that technically illegal?

Doctor J

The suits could argue that having the files accessable by the staff means they can be copied and downloaded by the staff, which is the main gripe of the industry.

shabbyroad

Wouldn' a shared mp3 server of music privately owned by employees be more akin to ppl bringing in CDs they own anad playing them on a stereo in the office.

No. Completely different. Playing CDs in the office requires a PPI license.
Copying a CD onto a server is mechanical - different license.

Kali

shabbyroad wrote:

Copying a CD onto a server is mechanical - different license.

Is there actually a license to cover that? IMROs site doesn't have much in the way of license details (bar a contact form)

shabbyroad

you'll most likely need two licences - certainly one from the owner of the recording (probably a record company) and probably one from the owner of the song (probably a publisher)

BrianD

I am amazed that your company has what you call a "MP3 server". For most companies the use of a machine or hard drive would be considered an inefficient use of resources.

I would suggest that it would be in the interest of your company to delete the contents of this server with out further delay. They are clearly in breach of current copyright law. By hosting the Mp3s on a server that can be accessed even by just the people on your network is effectively the distribution of copyright material. It is not the private use of copyright material. Some sort of IMRO or PPI licence would be required. You may also require a MPCS licence to cover the transfer of material from CD to digital file. Remember if the tracks are downloaded legally it is on the basis of private use. If they are downloaded illegally your co. might find itself in a spot of bother.

It's funny how times changed. An IMRO or PPI licence would have covered the playing of a radio or recorded music in a factory or shop. Does it cover the playing of music from a PC into a PA system or distribution to headphones via a LAN? This is where the industry needs to catch up with technology.

By advise would be to delete the files asap.