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 (http://[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. Everything works well and 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 right or wrong? I don’t know.

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

Cross-posted to Newsvine.com.

© 2008 Evan Mix for Listen In. Some rights reserved.

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