Home – New Forums Starting your journey Is my site legal?

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  • #972927
    Rball
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    • Total posts: 136
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    Hey so I plan to make a website where people are
    able to review and give a 5 star rating of djs. Would this be against any laws as such? Privacy issues or something?
    All reviews by the public would be approved by myself before they go live.
    Cheers, RB

    #1058592
    thanhdao
    Member
    • Total posts: 15
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    Rball, post: 72360 wrote:
    Hey so I plan to make a website where people are
    able to review and give a 5 star rating of djs. Would this be against any laws as such? Privacy issues or something?
    All reviews by the public would be approved by myself before they go live.
    Cheers, RB

    As my opinon, if you want to pubilic any song which is not the songs you compose than you will need to aware of copyright. However, if you mix these songs in you own way thisi not original anymore and it become your own composing songs so you public it without worrying about copyright.

    #1058593
    bluepenguin
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    thanhdao, post: 72369 wrote:
    if you mix these songs in you own way thisi not original anymore and it become your own

    Regardless of what you do with someone else’s work, it is still someone elses work and belongs to them.

    Look up some of the lawsuits that have taken place in recent years because someone has used a tiny little sample from another song in their own.

    *************

    If you are just creating a simple review site, I can’t see what the problem would be. Just make sure that you have a well written disclaimer which distances you from the opinions of the contributers.

    I do find, particularly with restaurant review sites, that grumpy people who have had a poor experience are far more represented than those who have had a good experience. So if you could come up with a way to balance it out, it would be very helpful to people reading the reviews, and the DJs who otherwise might get a negatively biased representation.

    #1058594
    Neddy
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    • Total posts: 392
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    bluepenguin, post: 72372 wrote:
    If you are just creating a simple review site, I can’t see what the problem would be. Just make sure that you have a well written disclaimer which distances you from the opinions of the contributers.

    I totally agree with both points.

    And obviously you should moderate all comments (just in case)! It could well happen that DJ “A” hates DJ “B” and gets his mates to have a go at him. You won’t know what is genuine, and what is not.

    #1058595
    Past-Member
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    re
    Originally Posted by thanhdao viewpost.gif
    if you mix these songs in you own way thisi not original anymore and it become your own

    This is misinformation. It’s the same as someone who says if they mix bits and pieces from photos or a illustration then they become their own. That is not true. It’s a whole separate issue and is definitely subject to copyright. http://www.copyright.org.au/

    Music has very clear copyright – you have to purchase a licence from APRA for the use of music – whether it is played in a shop in the background or online or on wedding videos, or in church etc.

    APRA-AMCOS has guidelines and licence information here.

    http://www.apra-amcos.com.au/

    The same also applies to movie and videos and music within them.
    For example, anyone showing a movie must pay a fee to the Film Distributor (ie Roadshow or whoever) plus a licence fee for the music within the film to APRA-AMCOS.

    You can contact either of the above websites for more information.

    #1058596
    Kennethti
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    • Total posts: 415
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    KarenC raises some good points about the complexities you may face.

    In relation to your website though, I don’t think that it is appropriate that you should be asking legal questions from forumers. You will find that most of the time any advice or opinion given is very general or broad, and you will most likely need specific answers to your specific circumstances.

    It is dangerous to proceed on the general opinions of non-professionals on a forum, which may or may not be correct.

    My suggestion to you would be to speak to your solicitor and have a consultation with them where you describe to them what you are doing and ask them if there are any issues with your business plan. Your solicitor can give you specific advice based on your circumstances.

    #1058597
    King
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    • Total posts: 2,212
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    This is why most shops do not have even the radio playing in the background now – there was a big ruckus many years ago about “public performance” and a shop was deemed a public place.

    So it can be as simple as that.

    KarenC, post: 72377 wrote:
    re
    Originally Posted by thanhdao viewpost.gif
    if you mix these songs in you own way thisi not original anymore and it become your own

    This is misinformation. It’s the same as someone who says if they mix bits and pieces from photos or a illustration then they become their own. That is not true. It’s a whole separate issue and is definitely subject to copyright. http://www.copyright.org.au/

    Music has very clear copyright – you have to purchase a licence from APRA for the use of music – whether it is played in a shop in the background or online or on wedding videos, or in church etc.

    APRA-AMCOS has guidelines and licence information here.

    http://www.apra-amcos.com.au/

    The same also applies to movie and videos and music within them.
    For example, anyone showing a movie must pay a fee to the Film Distributor (ie Roadshow or whoever) plus a licence fee for the music within the film to APRA-AMCOS.

    You can contact either of the above websites for more information.

    #1058598
    JacquiPryor
    Member
    • Total posts: 2,344
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    Hi RB,

    To add a further ‘dimension’ to the copyright issues here, the Copyright Act in force in Australia allows you to use other people’s work in special circumstances (without having to get their permission) – this includes making a ‘fair dealing’ for certain purposes, which includes criticism or review.

    I would encourage you to familiarise yourself with information at the website of the Australian Copyright Council – http://www.copyright.org.au. If you do a search, by keyword, on the word Review you will locate some further information about the ‘fair dealing’ criteria.

    Further, at http://www.copyright.org.au/legal-advice/ – the Copyright Council provides a legal advice service for people deemed eligible.

    In theory, if your ‘reviews’ meet the ‘fair dealings’ provisions there shouldn’t be an issue – especially if you are going to check the reviews before they are published to ensure they are in fact ‘fair’. It sounds though that further information about your proposed site, in terms of its function/processes to obtain and publish the review etc should be given to an appropriate legal professional – either through the legal assistance service the Copyright Council has, or independently to ensure that all aspects of your proposed site will be taken as a fair dealing and not in breach of that copyright.

    All the best with it!

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