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The legal status of Allofmp3

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. This is the 'loophole' that is referred to in several articles on Allofmp3.

An English translation of the Russian copyright legislation can be found at www.copyrighter.ru

Allofmp3 has signed agreements for this with Russian Organization for Multimedia & Digital Systems (ROMS). According to license № ЛС-ЗМ-02-36 the Internet-project www.allofmp3.com, has the right to use musical compositions by providing downloads. Under the license agreement Allofmp3 pays out fees to ROMS for downloaded materials that are subject to the Russian Federation Copyright And Related Rights Law.

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 allofmp3.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.
 


Rangdo

Registered Cider Drinker
Apr 21, 2004
4,779
Cider Country
The Great Cornholio said:
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

So not legal then. But you could go to Russia, download a load of tracks and then bring them back.
 
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Simster

"the man's an arse"
Jul 7, 2003
54,788
Surrey
Whilst it may be illegal to download from a Russian site, while in the UK, is it possible for those who hold the copyright to prove you weren't in the UK at the time you did so? ???
 


REDLAND

Active member
Jul 7, 2003
9,443
At the foot of the downs
chicken run said:
so what would be the best legal uk site

I use emusic.com though it is US, a small fee is required monthly but if you like alt and Hip Hop tunes its definatly a winner !!
 


Rangdo

Registered Cider Drinker
Apr 21, 2004
4,779
Cider Country
Simster said:
Whilst it may be illegal to download from a Russian site, while in the UK, is it possible for those who hold the copyright to prove you weren't in the UK at the time you did so? ???

I would imagine if they wanted to prosecute for copyright infringement it wouldn't be too difficult to prove. It'd probably take them about 15 minutes to gather the evidence.
 




Rangdo

Registered Cider Drinker
Apr 21, 2004
4,779
Cider Country
chicken run said:
so what would be the best legal uk site

Just shop around. Theres loads of companies online e.g.

iTunes
Tesco.com
HMV
Napster
 




Simster said:
Whilst it may be illegal to download from a Russian site, while in the UK, is it possible for those who hold the copyright to prove you weren't in the UK at the time you did so? ???

It's still a grey area as far as I can tell. And they have so many customers that you are unlikely to be collared. I just want to point out the risks to people so they can make their own judgement call. A definitive "legal" statement is misleading as no-one knows for sure.
 




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