Babe project - Legal feedback
Martin Flöser
mgraesslin at kde.org
Sat Feb 3 19:44:24 GMT 2018
Am 2018-02-03 18:07, schrieb Camilo Higuita Rodriguez:
> Hi,everyone
>
> I'd like to discuss something with the community, and maybe get some
> legal input:
>
> As some of you might already know I'm working on a open online
> platform to share music information between users, such as public
> playlists, comments on tracks and on the playback progress like
> soundcloud, share popular music suggestions, metadata, and discovery
> of new music from another users with integration with YouTube and
> Spotify etc... the platform will be integrated into Babe music player
> and could be use in any other music player
>
> The legal matter comes here:
> 1- I would like to either have the option to *stream live* the music
> an user is currently listening to to a group of friends. here the
> music file isn't being storaged in the audience computer...
> How ilegal is it? How illegal is to stream live, but privately,
> copyrighted music? and how illegal is it to stream owns music content
> to a selected group of friends?
>
> 2- If the stream part wouldn't be enought problem, I'd also like to
> sync a user playlist marked as public to some other friends, that
> would mean to share music files between users, and technically
> downloading another users music files. How illegal is this part? how
> illegal is to share a music file for example, in a conversation in
> telegram or whatsapp, or even how illegal is it to send a mp3 to a
> friend over an email or even over google drive?
>
> I'd like to get feedback about this issues
Like Christian, I recommend to consult a lawyer specialized on Copyright
law. What's extremely important is that there won't be an answer which
is globally unique.
I'll give you an example for my area of legislation (Germany). We have
the concept of a private copy (Privatkopie) [1] which allows to share
media with friends and family. There is a ruling of the highest German
court (BGH) which can be interpreted as the number of friends and family
is 7 [2].
Given that the answer to your questions from a German perspective is
IMHO (though IANAL) that it is clearly illegal if a user would use this
feature.
Cheers
Martin
[1] § 53 URHG https://www.gesetze-im-internet.de/urhg/__53.html
[2] BGH, GRUR 1978, 474
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