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Re: Babe project - Legal feedback




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