July 15th, 2010, 04:05 PM
Ringtone website copyright issues
i know myxer signed a deal with record companies cause they are the big fish in the ringtones market.. but can someone tell me how websites such as mytinyphone.com or pisamba.com or zedge.net get away with posting ringtones on their website without seeing any backlash from record companies? is there some sort of loop hole here?
July 15th, 2010, 04:23 PM
There would not be a specific legal loophole, no. I don't know the specifics of the companies you cite and my only ringtone is the mild "old phone". I'm guessing that if they don't have license and if they appear top be "getting away with it" it is only because they're not on the corporate legal radar. Yet.
Depending on the way ringtones are implemented it may be the right of the publishing right holder and not the sound recording right holder, which are often not the same (most artists with a decent lawyer know to protect their publishing). It all depends on a lot of things, but there is no circumstance where one can just pilfer music and turn it into a ringtone without possible recourse from the rights owner(s). There's no "five second sampling" rule, and there's no "ringtone" rule.
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