Legal Question in Technology Law in Australia

Selling music sharing software.

Hello,

I am about to market a music sharing application. I would like to know if there is a chance I will get into any issues with piracy laws.

People can buy the software and upload it to their websites to share music of any kind. I state on the website that I will not monitor what buyers use to share on their sites, and also that it is the responsibility of the buyer to ensure they do not share copyrighted material.

Could this be any problem for me, considering I'm calling it a ''Music sharing package''?


Asked on 11/10/07, 3:23 am

1 Answer from Attorneys
Jeremy Malcolm iLaw

Re: Selling music sharing software.

I answered this one in an article I wrote at http://www.ilaw.com.au/public/netlaw19.html. Basically you can do it if you are careful, but if you are not careful you are at risk of being found to have authorised copyright infringement. Follow these three tips to improve your chances of staying within the law:

* You will need to be able to show that there are significant non-infringing uses for your product.

* It is also important that the music, or even an index of the music that people are sharing, doesn't pass through your server.

* Make sure you don't sugggest anywhere on your Web site that it is legal for people to share songs from well-known artists.

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Answered on 11/10/07, 11:16 am


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