Question on MP3 saving and use

[royalpiano]

Hello!
Can anybody answer this question:
If I'm a Russian user can I freely convert any files to MP3 with dBpoweramp and later use them commercially?
Does this require license for now (as I suppose from Technicolor)?
I've seen info in Wikipedia, that MP3 patents are run out in 2012 worldwide except USA. Also there's no info about this on mp3licensing.com.
So really I can save MP3 on Windows 7 for free and use commercially without any limitations?

Thanks

[garym]

Re: Question on MP3 saving and use

what do you mean, "use commerically"?

One doesn't own the music, whether one can rip and save the file or not. Depending on the country's laws, one has the right for personal use of a CD, or digital files ripped from the CD, but one doesn't own the right to sell the digital files, use them in a commercial product (e.g., as a soundtrack in a movie), etc.

[royalpiano]

Re: Question on MP3 saving and use

I mean:
Do I have rights to embed track saved to MP3 from dBpoweramp (or another coder) commercially into Youtube video or to sell on audiostock site and get money?

[garym]

Re: Question on MP3 saving and use

I mean:
Do I have rights to embed track saved to MP3 from dBpoweramp (or another coder) commercially into Youtube video or to sell on audiostock site and get money?

No. Not in the United States or in most European countries I know about. But I can't speak to Russian law.

[mville]

Re: Question on MP3 saving and use

Do I have rights to embed track saved to MP3 from dBpoweramp (or another coder) commercially into Youtube video or to sell on audiostock site and get money?

If you own the copyright of the sound recording, you can, otherwise you have to get permission from the copyright owner. In the music industry, this is usually the Record Label/Company.

Russian copyright law was based on the Western European model and was adapted to suit Soviet socialist values. The principal of copyright law is basically the same throughout all territories, worldwide.

[royalpiano]

Re: Question on MP3 saving and use

Thanks!

If you own the copyright of the sound recording, you can

What laws or documents regulate this possibility of saving to MP3 (free) and use it commercially? Does this depend on OS, country, Fraunhofer patents or something else?

[garym]

Re: Question on MP3 saving and use

Thanks!

What laws or documents regulate this possibility of saving to MP3 (free) and use it commercially? Does this depend on OS, country, Fraunhofer patents or something else?

This has *nothing* to do with operating system, codec, fraunhofer patents, etc. This has to do with copyright ownership of the MUSIC (the audio), regardless of the format it is in. The fact that one can CREATE a digital audio file has nothing to do with your rights to *use* that file in a commerical manner.

Google "copyright audio recording" and you'll find lots of stuff on the law related to use of audio recordings.

[royalpiano]

Re: Question on MP3 saving and use

I mean of course that I have my own rights to the music. But in process of its being in MIDI format (or WAV) and saving to MP3 does this saving require license? If no, why then there were problems that had LAME encoder owners? Isn't because this MP3 saving required additional license that they had no money?
And when user uses they soft to record his own music to MP3 doesn't he violate laws of Fraunhofer? By the way, there's no info on this on their page (Technicolor).
For example, some software doesn't allow to commercially use received results according to license.
Or at least theirs site says that you require to pay if you distribute MP3 files commercially.
And as for CREATING files?

[garym]

Re: Question on MP3 saving and use

I see. You own the copyright and are asking about rules on the use of the codec to create the commercial release. I have no information on that to assist.

[mville]

Re: Question on MP3 saving and use

What laws or documents regulate this possibility of saving to MP3 (free) and use it commercially? Does this depend on OS, country, Fraunhofer patents or something else?

Ask Fraunhofer for advice.

[royalpiano]

Re: Question on MP3 saving and use

Thanks.
I've already asked, but still got no detailed answer.

[garym]

Re: Question on MP3 saving and use

Thanks.
I've already asked, but still got no detailed answer.

why not use something like OGG VORBIS or FLAC, as they are open source?

[royalpiano]

Re: Question on MP3 saving and use

As for YouTube - I decided to use OPUS, if it's better than these. But for audiostock site, that I used for a long time, I need to have MP3. I don't know how others solve these problems, but there are lot of musicians worldwide...

[garym]

Re: Question on MP3 saving and use

As for YouTube - I decided to use OPUS, if it's better than these. But for audiostock site, that I used for a long time, I need to have MP3. I don't know how others solve these problems, but there are lot of musicians worldwide...

I've seen lots of musicians post mp3 files on websites (for free download and for sale), including musicians I know personally. I've never *heard* of them having any issues related to using mp3 format on the songs they sell or provide for free. I doubt you'd have any issues. Then again, I'm not a lawyer and don't know anything about the legalities of this. So if you're concerned you should seek legal advise from a competent attorney with entertainment law experience.

[royalpiano]

Re: Question on MP3 saving and use

And about patents for saving MP3 - are they still active for worldwide (except US)? Can I look what patent uses dbpoweramp for mp3 saving?