Title says it all really.

I really love driving on servers with decent music, however, I'm worried about legal implications of putting songs on my tracks. Is it illegal file-sharing?

Illegal? Yes

Should you be worried? Probably not

Illegal?!

I can site a clause... scratch that... an entire section in the Digital Millennium Copyright Act that says otherwise.

Section 107 of the Digital Millennium Copyright act states, in exact:

... says:
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

I would assume that since user made content for a game, whether the host game is commercial or free, is considered non-commercial (nonprofit) uses AND that there is, worst case scenario, no effect on sales (it would more likely have a positive effect), it is considered fair use. That doesn't mean you can't be sued about it, however. Fair Use is a defense, not a protective right, and the ultimate decision is by a judge.

If you doubt the song is owned by the claimant, you may be entitled to SLAPP (Strategic Lawsuit Against Public Participation) protection or be able to press legal charges against the claimant.

Since the EU is part of the UN, they are probably required to support some law or another that mirrors this.

But this isn't just using it? You actually make the song itself available for download, because you give out an actual music file... At least that's what I thought.. Maybe *.mux is ok while *.ogg is less ok?

If you're using it for commercial gain (I don't think anyone here is making tracks for money), then there's a real problem.

There's nothing wrong with taking a song that's on your computer and playing it for your friends, which is essentially what's going on here, because the .mux files aren't good anywhere else afaik. Just don't make a big deal about it

You don't have to worry about anything. And it's not illegal because you don't get money for tracks

Well, Tuta, it's like if you invited a friend at home, and both listen to a music. You bought it, but your friend didn't, and he listens to it though! Is that illegal? Ofc not.

I've to remind everbody that getting a music which you didn't pay IS illegal.

FT»Joyeux says:
Well, Tuta, it's like if you invited a friend at home, and both listen to a music. You bought it, but your friend didn't, and he listens to it though! Is that illegal? Ofc not.

Actually it is if you follow the exact letter of the DMCA (no public exhibition means no one can listen to it but the license-holder), but no one, not even Time Warner, cares if you hold private trance parties with your friends (and if anyone does sue you can use fair use or an equivalent as a defense).

FT»Joyeux says:
Well, Tuta, it's like if you invited a friend at home, and both listen to a music. You bought it, but your friend didn't, and he listens to it though! Is that illegal? Ofc not.

I've to remind everbody that getting a music which you didn't pay IS illegal.

WRONG

Is illegal to download music through P2P programs.
You can download for FREE the music, but you can't share it.

... says:


WRONG

Is illegal to download music through P2P programs.
You can download for FREE the music, but you can't share it.

Huh, okay. Then, it's illegal to put music in your Trackmania maps, cuz it's consideered sharing it, isn't it?