Help: Do I need a disclaimer or something? (rock band hub)

[sla]

Hey fellas.

<-- new here.

Alright, making it short...
I am maintaining a hub which is devoted to a rock band. The purpose of the hub is to distribute live recordings (bootlegs) for the fans to listen to them. It has no commercial background, there is no money making biz, and I don't believe we're cutting into the bands profit by sharing some self-recorded live music with a low video and sound quality that shouldn't be considered commercial media. Bootlegs have no copyright on them, hence they are safe to exchange, if there is no money-making involved.

We also have a strict no-official-media-sharing policy... our moderators regularly check that nothing illegal is being shared - like ripped albums, authorized live-recordings which were released, mtv music videos, and such.


And you know, the latest RIAA and other groups actions give you something to think about.   ?(  With my hub I only mean it well and don't intend to do anything "illegal", but you know there are always black sheeps, one could share one or two songs from an album, and RIAA could technically be after me (I believe)    We do everything possible to prevent that kind of stuff in my hub.

So my question is... can I be held responsible for a user who shares illegal material? How else can I ensure the legality of my hub, and how can I keep the hub and myself in a safe position? What about a disclamer?


Thanks in advance for all coming comments from users who mean it well  and for all those opposed...... HMM WELL  

[WooshMan]

You can try this... but how safe it makes you I don't know
-------------------------------------------------------------------

We do not condone nor encourage the distribution of "warez" or copyright works.
If any user participates in the illegal sharing of data, they assume any and all
responsiblity for their actions. If you enter this private hub and you are not
agreeing to these terms, you are violating code 431.322.12 of the Internet Privacy Act
signed by Bill Clinton in 1995 which stipulates that you can NOT threaten
anyone storing these files, and cannot prosecute any person(s) affiliated or connected to this hub.

By Entering you are agreeing to the above; If not, you must exit immediately!
---------------------------------------------------------------------

WooshMan

[sla]

Thanks for that one...
I heard it doesn't necessarily help anyone to put up that warning, because after all, if a cop was after a speeder, he would have to speed up too to get him. Bluntly put. In America, there's no such thing as Data Privacy anymore. If RIAA suspects you for sharing illegal stuff, they would easily get all your data from your ISP.  

I'm glad that I live in Europe. But I would still want to make sure I am not doing anything illegal, ... so, can I be held responsible for the material that people share in my hub? I am doing everything to prevent the illegality.

[bolamix]

I have the same problem sla... I run a live music hub, only recordings of concerts are allowed, and we check for bands that don't allow taping. I made up a disclaimer to the effect that nothing i do is for profit, that i do my best to ensure that no copyrighted work is available through the hub, but that i'm only responsible for what i do or don't do, not for the hub's users.
Of course, since it's not legal to record concerts, the whole thing seems rather pointless... but you never know.

[sla]

Of course, since it's not legal to record concerts, the whole thing seems rather pointless... but you never know.

Bootleging shows is illegal, selling bootlegs is illegal too, but that's a different story.

Buying bootlegs, owning bootlegs, and distributing bootlegs for free is as legal as ummm riding a bike.  )

I would still like to know if I as a hub owner can be held responsible for illegal stuff that's being shared in my hub.  Anyone? ?(