[tonecluster]

You're correct that this would fail a fair-use test. Once it went up on a blog it's akin to a public performance, and use of the master recording should be licensed.

It is improbable that someone is going to issue a DMCA letter because of this, but it does (to your point) outline a couple of problems in S.V., one of which is the misconception that "It's not stealing if you attribute the artist" is widespread. And incorrect, at least for anything (c)All Rights Reserved.

If in doubt, it's a good idea for startups to consult their attorney (and not the PM, or lead engineer, or friend-in-a-band) when in doubt when using music, art, or what-have-you in public fora.

[tptacek]

Everything is "(c) All Rights Reserved" unless it specifically says otherwise, just to clarify a superficial point.

So am I crazy or did whoever this person talk to at Sliderocket give her ludicrously bad advice?

[chimeracoder]

tonecluser responded to the wrong person, but you're both right - that was very bad advice. There are definite copyright problems here.

Even if they could win this in court (which they probably couldn't), it's certainly not so cut and dry that anyone would just say 'nope, no problems, carry on' and be done with it.

[tonecluster]

You're not crazy; it was ludicrously bad (or at least ill-informed) advice. And you are correct - unless published under a specific license, music "fixed" into some format is (c)All Rights Reserved.