Don't Make A Mixtape... Make A Muxtape!

News Type: Opinion — Tue Mar 25, 2008 10:17 PM EDT

technology, internet, opinion, copyright, listen-in, dmca, mixtape, chewbacca-defense, muxtape

When was the last time you made a mixtape? Until five minutes ago, the answer for me was, "It's been so long, I don't remember." But now, thanks to Muxtape.com the answer is, "Just five minutes ago. Want to hear it?"

The Muxtape Service

Muxtape.com makes it easy to assemble a mixtape that's as easy to share as sending someone a link. After an incredibly simple signup process, you're able to upload MP3 files no larger than 10 megabytes each, up to a total of 12 songs. Once your muxtape is complete, you can send a link ([your login].muxtape.com) to anyone, who will be able to stream your muxtape in his or her browser.

In short: wow is this cool. I'm absolutely in love with the idea of the muxtape, and the site's interface is clean, simple, and thoroughly functional. Almost everything works well (besides a minor bug or two). Everything looks great, and the concept is stellar.

The Muxtape Problem

Muxtape.com walks a very fine line, legally speaking.

The site offers various warnings:

By uploading a song you agree that you have permission to let Muxtape use it.

and

Users may not upload multiple songs from the same album or artist, or songs they do not have permission to let Muxtape use. Individual users may not create multiple muxtapes. Accounts not meeting these restrictions are subject to termination without notice.

However, as far as I can tell there's no enforcement whatever. You can upload multiple tracks from the same artist, and tracks from an artist who clearly hasn't given permission of any sort. A Wired blogger, for instance, reviewed the service in glowing terms, creating a My Bloody Valentine-only muxtape in crystal-clear violation of the site's terms of service. Muxtape.com is very much aware of said review, as they have linked to it in the official Muxtape blog. The mix, along with numerous others in ToS violation, has not been deleted.

Herein lies the inherent problem with this service: the legal limitations, by their very design, cut Muxtape.com off at the knees. If the rules are enforced, the service loses most of its attraction. If, on the other hand, the rules are not enforced, Muxtape.com leaves itself vulnerable to legal action. I suppose they'll most likely look to function on the YouTube principle: take things down whenever somebody complains. The question is, how long will it work?

For comparison, I checked out DatPiff.com, the self-described "authority in free mixtapes." This site offers a similar service: user-created mixtapes, streaming, for free. DatPiff.com has a FAQ with the following intriguing entry:

Is this legal?

Mixtapes, in general, are used to promote artists. It's their way of getting themselves heard to labels, and to generate a buzz before a record drops. They are to be used for promotional purposes only. We do not charge for any mixtapes on this site.

We also believe having such a large database of mixtapes freely available helps spread new music. Many people are hearing artists they may never have heard before because they are not from their regions.

With that said, we DO respect the rights and wishes of the artists, and will promptly remove any mixtapes from the site upon request.

This, of course, is a total Chewbacca Defense. The "answer" doesn't actually answer the question at all – it just aims to confuse the issue. The real answer is, "No, but we're banking on the fact that it's easier for artists/labels to just send a cease-and-desist than it is to actually sue, assuming they find us and realize we're infringing (and in the meantime, we're making money off of banner ads even if we aren't selling any mixtapes)."

And they're right. The reality is that finding these things out and pursuing them is the responsibility of the copyright-holder, and the website owner will probably be able to fall back on safe harbor provisions in the DMCA… assuming they do not have actual knowledge that the material or an activity using the material on the system or network is infringing (OOPS!).

Is that wrong? I don't know.

In the meantime, though… I made you a muxtape.

Cross-posted from the new ListenInMusic.com.

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Groups: Entertainment Gateway, Independent Music Fund, Law Vine, Newsvine Music: Listen In, Newsvine Technology, Science And Technology, Tunes, Web 2.0
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2.1

{"commentId":1620085,"authorDomain":"emix"}

Evan Mix

I made you a muxtape.

That is so emo.

{"commentId":1620085,"threadId":"240067","contentId":"1390323","authorDomain":"emix"}

2 votes

#1 - Tue Mar 25, 2008 10:20 PM EDT

{"commentId":1620114,"authorDomain":"deatienza"}

Eric Atienza

Remember in your muxtapes everyone, mix-tape rules still apply!

{"commentId":1620114,"threadId":"240067","contentId":"1390323","authorDomain":"deatienza"}

3 votes

#2 - Tue Mar 25, 2008 10:29 PM EDT

{"commentId":1620134,"authorDomain":"deatienza"}

Eric Atienza

The real answer is, "No, but we're banking on the fact that it's easier for artists/labels to just send a cease-and-desist than it is to actually sue, assuming they find us and realize we're infringing (and in the meantime, we're making money off of banner ads even if we aren't selling any mixtapes)."

And they're right. The reality is that finding these things out and pursuing them is the responsibility of the copyright-holder, and the website owner will probably be able to fall back on safe harbor provisions in the DMCA… assuming they do not have actual knowledge that the material or an activity using the material on the system or network is infringing

More relevantly, I'm still not convinced that he's even on the line looking at recent precedent. If Napster, Kazaa, and Limewire couldn't shield themselves with this kind of defense, I don't know that Muxtape will be able to.

Here's to hoping though, it's a really cool service. And possibly completely legal if users use RCRD LBL-type music.

{"commentId":1620134,"threadId":"240067","contentId":"1390323","authorDomain":"deatienza"}

2 votes

#2.1 - Tue Mar 25, 2008 10:35 PM EDT

{"commentId":1620233,"authorDomain":"emix"}

Evan Mix

Yes - I should note that I would be thrilled to have an actual, bona fide expert on the legal ramifications weigh in. I did some research, but I'm not an expert by any stretch of the imagination.

{"commentId":1620233,"threadId":"240067","contentId":"1390323","authorDomain":"emix"}

1 vote

#2.2 - Tue Mar 25, 2008 11:12 PM EDT

{"commentId":1620132,"authorDomain":"wonnacottyledon"}

wonnacottyledon

I'm making one now. Let's hope it stays under the radar for a while.

{"commentId":1620132,"threadId":"240067","contentId":"1390323","authorDomain":"wonnacottyledon"}

2 votes

#3 - Tue Mar 25, 2008 10:34 PM EDT

{"commentId":1620214,"authorDomain":"jnicolas"}

Jacob Nicolas

ListenIn is on a roll today, damn!

{"commentId":1620214,"threadId":"240067","contentId":"1390323","authorDomain":"jnicolas"}

3 votes

#4 - Tue Mar 25, 2008 11:05 PM EDT

{"commentId":1620228,"authorDomain":"emix"}

Evan Mix

I hear that. Yeah, baby!

{"commentId":1620228,"threadId":"240067","contentId":"1390323","authorDomain":"emix"}

3 votes

#4.1 - Tue Mar 25, 2008 11:11 PM EDT

{"commentId":1620272,"authorDomain":"deatienza"}

Eric Atienza

Hat tip to Jacob for the heads-up on muxtape.

{"commentId":1620272,"threadId":"240067","contentId":"1390323","authorDomain":"deatienza"}

1 vote

#4.2 - Tue Mar 25, 2008 11:25 PM EDT

{"commentId":1620406,"authorDomain":"jnicolas"}

Jacob Nicolas

It was all over the Tumblr scene around 8 this morning, then all over the twitter scene around 12. I couldn't not notice it.

{"commentId":1620406,"threadId":"240067","contentId":"1390323","authorDomain":"jnicolas"}

1 vote

#4.3 - Wed Mar 26, 2008 12:05 AM EDT

{"commentId":1622616,"authorDomain":"stolte-sawa"}

Ryan Stolte-Sawa

Sweet. Thanks, Evan Mux! But I's ascared to use this service.

{"commentId":1622616,"threadId":"240067","contentId":"1390323","authorDomain":"stolte-sawa"}

2 votes

#5 - Wed Mar 26, 2008 2:57 PM EDT

{"commentId":1622634,"authorDomain":"emix"}

Evan Mix

Aww, don't be scurred...

{"commentId":1622634,"threadId":"240067","contentId":"1390323","authorDomain":"emix"}

2 votes

#5.1 - Wed Mar 26, 2008 3:02 PM EDT

{"commentId":1622768,"authorDomain":"stolte-sawa"}

Ryan Stolte-Sawa

'M scurred...

{"commentId":1622768,"threadId":"240067","contentId":"1390323","authorDomain":"stolte-sawa"}

2 votes

#5.2 - Wed Mar 26, 2008 3:38 PM EDT

{"commentId":1622779,"authorDomain":"emix"}

Evan Mix

Perhaps you've got the right idea: this article just hit MSNBC. Lawsuit in 3... 2... 1...

{"commentId":1622779,"threadId":"240067","contentId":"1390323","authorDomain":"emix"}

2 votes

#5.3 - Wed Mar 26, 2008 3:41 PM EDT

{"commentId":1623691,"authorDomain":"tamh"}

Tamh

I created an account and started to make one but my music is mostly MP4 so that means it won't work, yes?

So I stopped.

{"commentId":1623691,"threadId":"240067","contentId":"1390323","authorDomain":"tamh"}

1 vote

#6 - Wed Mar 26, 2008 8:14 PM EDT

{"commentId":1623705,"authorDomain":"emix"}

Evan Mix

At this point, I think you're right. I read something somewhere on the site (or maybe the blog?) about upcoming compatibility with more file formats. Still, it might be worth trying an upload just in case.

{"commentId":1623705,"threadId":"240067","contentId":"1390323","authorDomain":"emix"}

#6.1 - Wed Mar 26, 2008 8:18 PM EDT

{"commentId":1629077,"authorDomain":"stokemanagement"}

JK-259514

As I see it, this model is analogous to internet radio, so the proprietors should be required to pay performance royalties to all the artists on the site for EVERY performance (i.e. play) on every stream, or give them a cut of advertising revenue. The new regulations for internet radio are $.0014 per performance for 2008. The site should also have to pay an annual fee correlative with the amount of users. Technically this is not piracy because the music is only streamable, and thus it doesn't constitute a distribution. But, while a cool concept, it looks like yet another site cashing in on the backs of artists. The argument of "promotional purposes only" is well-worn and very dubious. Largely, "promotional" applications are the end listening experience for most users and don't stimulate sales. Still, this could work as a novel marketing tool, especially for independent, unpublished artists or even more established acts trying to create buzz, and especially if the respective copyright holders enforced limited time windows, whereby the music was taken down after, say two weeks.

{"commentId":1629077,"threadId":"240067","contentId":"1390323","authorDomain":"stokemanagement"}

2 votes

#7 - Fri Mar 28, 2008 4:26 AM EDT

{"commentId":1629100,"authorDomain":"stolte-sawa"}

Ryan Stolte-Sawa

But, while a cool concept, it looks like yet another site cashing in on the backs of artists.

Well, musicians end up paying through the nose to be sponsored even by small independent labels and that, while the starving artist argument isn't meaningless, it would carry much more weight if labels were taking the cut instead of sloughing their losses off on the artists themselves vis a vis royalties.)

But yeah, you're right, as far as the business model is concerned, it's not really distinguishable from internet radio. I like your idea of impermanent mixes--legally and especially in the context of UGC engines like Newsvine, it makes much more sense.

P.S.: Who do you work for? ;)

{"commentId":1629100,"threadId":"240067","contentId":"1390323","authorDomain":"stolte-sawa"}

2 votes

#7.1 - Fri Mar 28, 2008 4:56 AM EDT

{"commentId":1629638,"authorDomain":"emix"}

Evan Mix

The Internet Radio comparison is interesting, but I think YouTube is more apt. After all, with radio you can't say "I want to hear this song right now" and stream it. With both Muxtape and YouTube, you can upload media, have it in place indefinitely, and pick the song you want to hear, when you want to hear it.

Still, this could work as a novel marketing tool, especially for independent, unpublished artists or even more established acts trying to create buzz, and especially if the respective copyright holders enforced limited time windows, whereby the music was taken down after, say two weeks.

This is an interesting idea that could work. I'm actually kicking around the idea of recording a mashup album and using Muxtape to release/publicize it.

{"commentId":1629638,"threadId":"240067","contentId":"1390323","authorDomain":"emix"}

#7.2 - Fri Mar 28, 2008 9:48 AM EDT

{"commentId":1640305,"authorDomain":"sbutki"}

Scott (Scoop) Butki

Interesting idea. Thanks for sharing this with us.

{"commentId":1640305,"threadId":"240067","contentId":"1390323","authorDomain":"sbutki"}

#8 - Mon Mar 31, 2008 1:48 PM EDT

{"commentId":10234301,"authorDomain":"djemir"}

DJ Emir

Muxtape is all fine and dandy but in my opinion there is no such thing as a non-mixed mixtape. Real mixtapes are those that contain mixing between songs rather than letting the songs end and just adding another song afterwords. It is the act of systematically organizing and mixing the songs rather than just compiling them which gives an album the distinction of mixtape rather than a compilation album. Listen for free to the first 10-20 minutes of the Iron man mixtape to understand the difference between a compilation of songs and an actual mixtape

The distinction is clear, but because rappers and DJs that don't mix keep putting out mini compilation street albums and keep labeling them as mixtapes the distinction is lost to a now ambiguous term that people now use to describe anything that isn't an official commercially released music project from a record label.

To put it plain and simple, real mixtapes are mixed. Everything else is simply a compilation of songs. The same goes for projects strung together by fans and by people wanting to give their favorite songs away to loved ones. The word mixtape is usually used because it sounds cooler than compilation or simply has a more romantic era feel to it. But it is inaccurate. Real mixtapes are mixed.

- DJ Emir Real DJs Do Real Things

{"commentId":10234301,"threadId":"240067","contentId":"1390323","authorDomain":"djemir"}

1 vote

#9 - Thu Oct 22, 2009 6:06 PM EDT

{"canLink":false,"threadId":"240067","isPrivate":false}

EVAN MIX

Backyard

Don't Make A Mixtape... Make A Muxtape!

The Muxtape Service

The Muxtape Problem

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