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Are live dj sets copyrighted?

 
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furlong86
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PostPosted: Tue Aug 23, 2011 10:11 pm    Post subject: Are live dj sets copyrighted? Reply with quote

Are live dj sets copyrighted if they are freely available for download on the internet? I have alot of dj sets that i want to sell on ebay. i have looked around on ebay and it seems people are out there doing it and have been for a while, they seem to state the mixes are in the public domain and therefore do not infringe any copyrights. if i was to list the mixes i have would it be legal? thanks
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AndyJ
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PostPosted: Wed Aug 24, 2011 10:13 am    Post subject: Reply with quote

Hi Furlong,
A dj set is probably classed as a performance, so it would protected by performer's right rather than copyright. Each track that he uses to make up the set will be the copyright of the writers and performers concerned and in all probability either the dj will be using their music without permission or he will have a licence from PPL to use the tracks. That's really not your problem.
Performer's right means that the performer has the right decide whether other people can record his performance and then sell, lend, broadcast or otherwise make those recordings available to the public. Chances are that the dj probably hasn't given his permission for someone else to record the set (I assume on video) but he may not care because it will be good publicity. If he has a PPL licence it probably doesn't include the right to sell copies of the performance. So the fact that these sets appear on the internet is no guarantee that they have been authorised. Just like fans recording their favourite bands using thier phones at a gig, it's not legal but equally it's not a major issue because the quality is normally pretty poor.
One thing I can be sure about, these performances are not 'in the public domain' in any legal sense. It may be that the performer (the dj) doesn't wish to enforce his rights but that is a different matter. Or less likely they may be issued on a Creative Commons licence which means that they can be freely used so long as certain rules are followed (one of which is that they are not sold for commercial gain). I know that a well-known Italian dj Gigi D'Agostino has taken action against copies of his work appearing on Youtube without permission, but that was primarily because he releases CDs and the tracks had been ripped from them, so undermining his sales.
The fact that you want to sell the sets when you have no permission to use them may make a difference to the attitude of the dj. Why should you profit from his work? Just listing the mixes would be fine because that is not in itself infringing his performance right.
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Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
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furlong86
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PostPosted: Wed Aug 24, 2011 6:31 pm    Post subject: Reply with quote

I totally understand, Its just i came across this site and this guy sells alot of dj sets both on his website and ebay. surely the prsmusic people are aware of such site as it covers all genres of dance music. what is your views on this?


stores.ebay.co.uk/djsetsstore

djsets.co.uk/

if its ok for him to do it why not anyone else?
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AndyJ
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PostPosted: Wed Aug 24, 2011 7:45 pm    Post subject: Reply with quote

Hi furlong,
Judging by the following 'policies' on the djsets site
Quote:
1.) We offer no commercial albums for sale or trade on this site as that would be illegal.

2.) We only offer non-commercially available DJ Sets from around the World, which would otherwise be difficult to obtain.

3.) We do not intend to rob any DJ's of anything but more to promote them to new or existing fans, by allowing them to obtain sets that would be previously difficult to find anywhere else.

If however there are any DJ's that feel that this site does not comply to the above and feel that they would rather their work not be included on this site we will be happy to remove anything that they feel inappropriate.

4.) DJSets.co.uk does not offer any DJ Sets for download.

If you wish to obtain any of the sets on this site they will be sent to you on CD's, DVD's or Hard Drive's using the postal service.

5.) We never charge any DJ's listed for their own DJ Sets and are proud to say that in the past we have also given DJ Sets to some of the biggest names in Dance Music including all those listed below.
I would suggest that they do not have permission from the djs concerned. They seem to equate 'not commercially available' with legal for them to sell, which I would question. However what they do is up to them. They offer to remove anything which a dj objects to, so that at least complies with the law.
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furlong86
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PostPosted: Wed Aug 24, 2011 7:50 pm    Post subject: Reply with quote

I had a dj mix for sale yesterday on ebay and it was removed due to copyright breach, it was a live set that appears to be selling freely on that guys ebay shop. its a joke.
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