8 replies
Well after researching niche after niche, I have decided I wanted to build a hip hop website as I enjoy looking up/listening to music. I have a friend that is going to be helping me promote the site through youtube, forums, Facebook etc... I had a few questions before I start the build.

1.) All of this music is going to be downloaded "for promotional use only" of course . Does anyone know the legal side of a music site?

2.) Do I have to pre-warn people that its for promotional use only and put a disclaimer anywhere?

3.) I was going to add PPC and CPA offers. I'm assuming some companies wont want their adds on my site "i.e. google" because its dealing with downloaded music. What are some of the more lenient PPC and CPA companies? Or do I even have to worry?

4.) I know this will take up a lot of my time to upload music, news and video everyday. Is a site like this good for profit if its promoted right? And is it worth my time? Could I automate this site somehow on the news part of it?

I'm still a newbie and have a lot to learn. This project probably won't happen for another 2 to 3 months. Any other feedback would be greatly appreciated.

Thanks
Keith
#hiphop #music #site
  • Profile picture of the author tecHead
    1.) You'll probably want to contact the Harry Fox agency and other companies of the like finding out who owns the rights to the music you want to upload. Lotta leg work. (btw, that's the main reason why even places as big as iTunes don't have "everybody" available).

    2.) Consult a Lawyer; but the short answer is "Yes". Also, not sure how you'll be able to convince any governing authority how you'll be able to enforce the "promotional use only" pseudo.

    3.) Don't assume anything; always do your research. You'll more than likely need to spend some money for this research if you're not willing to do the leg work, yourself.

    4.) Anything "promoted right" can make money on the Internet; think that's been proven over the past decade. The worth of your time following a dream can only be dictated by the worth you see in seeing that dream to fruition.

    Yeah, my answers are pretty ambiguous (on purpose). You're asking questions you should be asking a professional consultant in this area whom you're paying for. Unless you do, you'll have to do the leg work on your own; as no one with the "accurate" and "explicit" information you're looking for will give it away for free.

    I will tell you that it IS worth the time, though.

    HTH
    PLP,
    tecHead
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  • Profile picture of the author AlanGNW
    You'll be breaking the law if you offer copyrighted material for download. Unless you have been given that by, say, an up and coming artist for promotional purposes and have some form of documentation to prove it. I'm pretty much sure that no disclaimer, hower worded, will get you around that.

    Perhaps you'd be better writing quality reviews and great content and sign up as an iTunes affiliate.

    As a bit of background on copyright law - Berne Convention for the Protection of Literary and Artistic Works - Wikipedia, the free encyclopedia
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    • Profile picture of the author McCaughey01
      tecHead

      Thanks for the quick reply and the info! I understand what your saying about the legal side of things and needing to do my research but I figured I would start here and see if I could get my questions answered. I didn't think it would cost me to find out though.

      I guess it just boggles my mind how sites like:
      hotnewhiphop dot com
      digitaldripped dot com
      hearitfirst dot net
      Can get away with just uploading music? I'm pretty sure they didn't call up lil wayne and ask if they could give his music away for free lol. I guess I should be trying to get a hold of them and see how they did it. Hopefully they won't ask for a fee as I'm still a newbie starting out and I don't have a lot of money to throw around.

      AlanSLV

      I was thinking of going the iTunes route but in my opinion that would seriously reduce the amount of traffic that visit my site. I guess they're still people out there that download music off iTunes, I'm not one of them. I also listen to a lot of underground artist that iTunes doesn't have.
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  • Profile picture of the author tecHead
    How long did Napster last before they got busted? gNutella's(sp?) CEO sat at their congressional hearing and told the Senate straight up that sites like their's couldn't be stopped; (he was 18 at the time).

    Dealers deal on the same corner for at least a year sometimes before they're busted; but the point is... they get busted.

    If you want to look over your shoulder all the time and spend a lot of time figuring out "creative finance"; then do what you see short-cutters doing.

    If you 'seriously' want to capitalize on a niche that is OBVIOUSLY ripe for the picking; do the research the RIGHT way.

    Feel me?
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    • Profile picture of the author Maestrok12
      techead is on point with it...

      On a separate issue an attorney once told me,"...it may be legal, or not, but do you want to be the guinea pig to set the precedent and caselaw?"
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  • Profile picture of the author AlanGNW
    Totally agree with tecHead. Keep it legal whatever you do.
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  • Profile picture of the author GoGetta
    Techead talks the truth here, I agree with everything he has said on this.

    How I look at it is, you could spend all of your working time putting many hours into this site, only for it to be ripped down in a second for legal issues. Imagine putting in a year or 2 into this site, for it to be pulled down!

    I would do it right from the word go and check out your options!

    GoGetta
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    • Profile picture of the author McCaughey01
      This is what hotnewhiphop dot com has on their site. Is this really protecting them from putting up illegal music?
      __________________________________________________ ______________________________________________

      By using this Site and/or uploading any material to this Site, you represent and warrant as a material part of this Agreement that any and all intellectual property, content, or media you upload does not in any way infringe upon the intellectual property rights of any third party, including such rights manifested in registered or unregistered copyrights, trademarks, patents, or trade secrets, whether at common law, by statute or under the terms of the Digital Millennium Copyright Act, as amended.

      ADDITIONALLY, YOU HEREBY INDEMNIFY AND HOLD HARMLESS HOTNEWHIPHOP dot COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS OF ANY NATURE OR KIND ARISING FROM ANY UPLOADS OF MATERIAL YOU PLACE ON OUR SITE, INCLUDING ATTORNEYS' FEES AND COSTS.

      WE RESERVE THE RIGHT TO IMMEDIATELY REMOVE ANY MATERIAL THAT IS OR MAY BE INFRINGING OF ANY THIRD PARTY RIGHTS AT ANYTIME, WITHOUT REFUND OR PRIOR NOTICE TO YOU. YOU AGREE THAT WE MAY TERMINATE YOUR ACCESS AT ANYTIME FOR ANY REASON WITHOUT NOTICE.

      We take abuse of our service seriously. If you wish to report a copyright infringement, we need you to send us a proper notification. All notices should comply with the notification requirements of Copyright laws in effect. You MUST provide the following information:

      1. Identify yourself as either:
      a) The owner of a copyrighted work(s), or
      b) A person "authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

      2. Identify the copyrighted work claimed to have been infringed

      3. Identify the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit HOTNEWHIPHOP dot com to locate the material.

      4. Provide contact information that is reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, a valid electronic mail address.

      5. State that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agents, or the law.

      6. State that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

      A proper notification MUST contain the information above and the URL/LINK of the infringing file , or it may be IGNORED. To send a notification, please email at copyright [at] hotnewhiphop [dot] com.

      You should be aware that, under Copyright Laws in effect, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.
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