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Rules FAQ
- Can I have .MP3 files on my Spaceports site?
- Can I have other sound or music files on my Spaceports site?
- How long does copyright last?
- Can I have "abandonware" on my site?
- Where do I send the permission to?
- Is there anything particular I should do/not do?
- What should I do if I see a site that breaks the rules?
Q: Can I have .MP3 files on my Spaceports site?
A: It depends. If you own the copyright to the material in the files, there
isn't too much of a problem. You just need confirm that to Spaceports in writing.
If however the copyright is owned by someone else, you must obtain written permission from the
copyright holder and send a copy of that to Spaceports first.
Copyright laws are complicated. For example, the music score for Beethoven's 5th Symphony is old
enough to now be in the public domain, but a performance of it by a particular orchestra probably
wouldn't be.
If you are in any doubt whatsoever, seek permission first as your site may be deleted if you
cannot prove you have copying and distribution rights. There may also be legal
proceedings against you.
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Q: Can I have other sound or music files on my Spaceports
site?
A: It depends. See the answer to the previous question. It isn't particular
file formats that are the issue, it is one of copying and distribution rights.
MIDI files that you have made yourself may be less problematic in that you only have to worry
about copyright on the music score and not a particular performance, but copyright may still
apply.
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Q: How long does copyright last?
A: This you are going to have to look up for yourself on a case by case basis
as copyright laws are changing all over the world and vary according to the type of work it is.
Literary works published after 1978, for example, have a copyright lasting 50 years after the
death of the author in the USA or 70 years after the death of the author in the UK and Europe.
There are also other complications to consider though, such as original publication date and
whether the author was an individual or a corporation.
Software source and object code are treated as literary works under copyright law in all
industrial countries. Remember that International copyright law applies when distributing via
the Internet.
More information can be found on the Copyright page in the Web
section.
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Q: Can I have "abandonware" on my site?
A: For software to be classed as "abandonware" (which seems not to have a legal
definition), the copyright holder would have to give some sort of notice of abandonment or
relinquishment of rights.
When a software company ceases trading, copyright would pass on to someone else, possibly the
author or a parent company. It would however pass on to someone.
Software that is no longer being distributed by a corporation is most likely treated as a book
that is out of print - the rights would revert to the author. They do not magically
disappear.
You must still prove that copying and distribution rights have been given to you, or to the
general public.
Considering that microcomputers were not available until the 1970s, even software written
for the earliest machines will not automatically enter the public domain until sometime after
2040 - even if the author was an individual who died shortly after.
Further information on this can be found on the Abandonware
page in the Web section.
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Q: Where do I send the permission to?
A: Send it via fax to +1 (202) 318-5932
Remember to include your website URL (ie: http://planet.spaceports.com/~username), your real
name, and which files are authorized.
Sending the information via email is not an acceptable alternative, though sending via
conventional mail is. Conventional mail can be sent care of Tera-Byte, mailing details for
their offices can be found on the Tera-Byte site.
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Q: Is there anything particular I should do/not do?
A: Common reasons for deletion are:-
- Not uploading at least one page within 14 days of signing up
- Breaching copyright laws
- Not informing Spaceports if you do have permission to use third party content
- Using the service as a storage facility/download site
This is based on my observation of posts in the forums only. I don't know the inner
workings of the abuse department.
If in doubt, consult the Spaceports
Policies and the Spaceports FAQ pages.
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Q: What should I do if I see a site that breaks the rules?
A: If it is a minor transgression, consider sending an email to the site
owner. If it is something more serious and/or you wish the Spaceports staff to handle it, send
an email to abuse@spaceports.com giving any relevant
details.
Note: A site not displaying banners is no longer necessarily breaking the rules as it is now
possible to pay to have them removed.
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Please note: I am not a lawyer. The information given here only covers the basics
of some very complicated and constantly changing laws. It is up to you to investigate further
before distributing material that may be protected by copyright. If in doubt, seek written
permission from the copyright holder.
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