mp3search.ru...anybody used it?

[richdvd]

Hi all..I found a site called mp3search.ru. It has a good song selection available for download at only .10/each. Would this be legal? Just wondering if anyone had any thoughts/experiences to share.

Thanks

[Cobra]

http://www.mp3search.ru/legal.html

[richdvd]

Thanks Cobra....I saw that.
Just wondering how a place like that makes any money. I mean...don't they have to compensate the artists for their material? When you look at major mp3 download sites, they are like $1.00/song. Seems a bit strange that these guys can get away with $.10/song.

[BJ_M]

http://www.museekster.com/clubmp3searchinfo.htm

[BJ_M]

see link above -- all your questions answered on this site (mp3 search runs about 20 different sites all owned by same company also - see the affiliate list) ..

You will not find MP3Search in the list of legal music services supported by the IFPI at www.pro-music.org.

Organizations like IFPI and the RIAA are doing their best to avoid any publicity when it comes to the legal services in Russia. There is a loophole in the Russian copyright legislation that makes services like MP3Search possible. Apparently this loophole cannot be closed easily. Read more >>>.


The legal status of MP3Search

Russian copyright legislation allows phonograms to be performed publicly without the authorization of the copyright owner for broadcasting and cable transmission. (Article 39) The Internet could be deemed to fall under this exemption. The copyrights involved have to be paid to a collecting society.

MP3Search has signed agreements for this with Russian Organization for Multimedia & Digital Systems (ROMS). According to this license MP3Search.com has the right to use musical compositions by providing downloads. Under the license agreement MP3Search pays out fees to ROMS for downloaded materials that are subject to the Russian Federation Copyright And Related Rights Law.

ROMS is a member of CISAC (www.cisac.org) - the International confederation of authors and composers societies. ROMS manages intellectual rights in the Russian Federation. All third party distributors licensed by ROMS are required to pay a portion of the revenue to the ROMS. ROMS in turn, is obligated to pay most of that money (aside from small portion it needs for operating expenses) to artists. Both Russian and foreign.

We have received this confirmation from ROMS:

I can confirm the legality of MP3Search.com. You can legally buy/download mp3-songs from this site if it does not breaks the law the national legislation of the country in which you will be during that moment Sorry for my english.
Yours faithfully, the assistant to the lawyer of the Russian society on multimedia and to digital networks (ROMS) www.roms.ru,
Bahanets Roman Igorevich

Interview with ROMS

Roman Bahanets of ROMS has answered our questions with regard to ROMS and the Russian Legal Music Services. He clearly states that MP3Search is a fully legal operation. Read our interview.

Interview with Sergei Arsentiev, director of MP3Search

The director of MP3Search was kind enough to grant us an interview. This gives a clear insight in the system of copyright in Russia. Read this amazing interview.


The Music Industry's point of view

The Music Industry claims that MP3Search is illegal. Their opinion is that recorded music has three sets of rights. The songwriter has the copyright to the song, the artist his own rights in it, and the record label and producers a third set. MP3Search is paying the songwriters, via the collection agency ROMS, but they are acting without the permission of the other copyright holders.

Alan Dixon, general counsel of the IFPI explains their position in an article on Guardian.co.uk

We have asked Andy Mincov, a Russian lawyer, to comment on Alan Dixon's statement. This is what he replied:

"As for the comment on Alan Dixon, I'm not sure what he meant my a Copyright Code during the Soviet era, because there has not been any such document".

The Music Industry has not taken any legal action against MP3Search or ROMS. IFPI Russia's legal adviser, Vladimir Dragunov, has admitted that legal actions don't have much chance of succeeding. read more

Is using MP3Search legal?

Every country has its own rules. There is no such thing as a set minimum of international intellectual property standards. That makes it impossible to answer this question in general.

Let's take a closer look at the law in a country with very liberal copyright legislation and a country with strict copyright laws.

Liberal copyright legislation
A country that has very liberal copyright rules is The Netherlands.

Downloading copyrighted material for personal use is legal in this country. Even when the downloader knows the supplier is acting against the law (like uploading with P2Pprograms), this does not make him a copyright infringer. In this perspective it seems highly unlikely that downloading from a licensed supplier like Allofmp3 will be declared illegal.

It is safe to say that Dutch citizens can legally use the Russian music services.

Strict copyright legislation

Now for the country that may well have the strictest rules on copyrights, the USA. A thread in the Fatwallet forums brings some light in his confusing subject. We will not bother you with all the details. Here is a concise version of the interesting parts:

“MP3's, OGG's, etc are not illegal in the USA and therefore can be imported. There is also no law against importing music from other countries (including Russia). Because you are buying this legally in Russia and then importing to the USA, this should be 100% legit. For example, assuming that Russian Vodka is illegal to buy in the USA on Sunday, but you buy the Russian Vodka in Moscow on Sunday, then you import it into the USA, you have done nothing wrong. Again, this assumes that 1) it is illegal to buy Russian Vodka on Sunday in the USA 2) it is legal in Moscow and 3) it is legal to import Russian Vodka.”

Title 17 Chapter 6 Sec. 602 of the U.S. Code covers “Infringing importation of copies or phonorecords”. You can find this title here

Subsection (a) tells us:

“Importation into the United States, without the authority of the owner of copyright under this title, of copies or phonorecords of a work that have been acquired outside the United States is an infringement of the exclusive right to distribute copies or phonorecords under section 106, actionable under section 501.”

So it's illegal you may think. But take a close look at sub (a)(2):

“This subsection does not apply to importation, for the private use of the importer and not for distribution, by any person with respect to no more than one copy or phonorecord of any one work at any one time, or by any person arriving from outside the United States with respect to copies or phonorecords forming part of such person's personal baggage;”

If MP3’s, OGG’s etc are in fact considered phonorecords, U.S. citizens can legally buy these as long if they are for private use and not for distribution. If MP3s, OGG’s etc. are not considered phonorecords, no import laws apply. The sections of digital audio recording and sound recording have no mention of importation.

So in layman's terms the bottom line of this discussion is:

Downloading from MP3Search is legal for U.S. Citizens, as long as the files are for private use and not for distribution.

Please note – This is in no way a legal advice. -- please see our disclaimer.

This is what a more law educated person like the Tech Law Advisor has published regarding this issue:

Additionally, assuming they have legitimate licenses to distribute the music, they probably are restricted to a certain geographic are via their distribution license. The end user wouldn't be violating any laws but the distributor would. If they don't have legitimate distribution licenses then they obviously have no right to distribute at any price. If they claim to have the licenses the end user might be seen as an innocent infringer if not on notice.
Discuss MP3Search at mp3talks.com


How can MP3Search be this cheap? Copyright organizations in Russia, unlike most of their colleagues abroad, are willing to close favorable deals with online music services.
For one thing copyrights for downloads in Russia are more or less equal to the rights radio stations have to pay for broadcasting music.

But the most important factor is that one US dollar is worth lots of rubles. In Russia CDs cost about 100 rubles ($3). So to Russians MP3Search is in fact almost as expensive as iTunes to Americans.






Is it safe to pay by credit card? "I am not going to let my credit card number fall into the hands of Russian mafia". This phrase will appear in almost any discussion about MP3Search.

Credit card payments are processed by Chronopay, a third party payment processor in The Netherlands. No one has ever reported credit card abuse as a result of payments made to MP3Search as far as we know.

[BJ_M]

above info from http://www.museekster.com/clubmp3searchfaq.htm#Is%20ClubMP3Search%20legal?


http://www.museekster.com/legalmusic.htm lists music download services ..


basicly -- it would be pointless to sue them in russia , because no one would ever win .. it is a loophole

[richdvd]

thanks BJ_M.
some good info.

[hech54]

It seems Russia is THE place when it comes to unauthorized music CD releases....and Brazil is THE place for unauthorized Music DVD releases.

Damn....cant spell today.