The libraries you share can be set to private or “invite-only”. So, if you share only with a small group of friends and not make it publicly available it should still be under fair use.
At least in the Netherlands this would still constitute unauthorised copying of licensed material, and therefore be illegal.
Honestly, the question in this case then becomes “how will anyone be able to enforce it?”
ISPs can be compelled to share name/address information of anyone involved in publishing licensed material through the courts. Then they’ll summon you to stop or pay a fairly hefty fine.
I’m not a lawyer, so I’ll defer to this article talking to one about this type of use-case as a result of the Covid pandemic.
https://www.gamespot.com/articles/is-streaming-movies-to-friends-through-discord-and/1100-6476735/
“Fair use comes in a couple of flavors,” the professor said. "There is–let’s call it the ‘small uses,’ the quotations and quotes and clips; there is ‘satire, parody, transformation;’ and there is one thing I think of as ‘reasonable, normal consumer uses,’ which can include all media, provided it’s very personal and appropriately limited to things you already had some kind of access to.
I think the third is the part of Fair Use that you’re talking about. But he goes on to say:
The case gets worse as you get to larger and longer media like watching an entire movie; the case gets worse as you raise the quality of the streaming, so as you switch to streaming it through the software itself rather than just picking it up with the microphone; the case gets worse as you include more people and as people are less related to each other–as you get beyond the immediate nuclear family into a larger group of friends."
So streaming to even your family is already a gray area, but it seems that doing what you’re suggesting is a much weaker case for Fair Use.
He also doesn’t mention the amount and frequency of sharing, which would likely factor in.
If you create a library of every album you ever owned, with a large amount of high quality on demand streamable copyrighted content to all your friends, you’re squarely in “most likely not fair use, but you won’t know until they catch you” territory.
It all comes down to how likely do you think you’ll be caught, and what you think you can prove in court. I definitely would not want to be the first person the RIAA makes an example of.
The other use-cases are very cool seeming. Killing Bandcamp should be every music lover’s goal, and this seems like a good platform to do it with.
It all comes down to how likely do you think you’ll be caught, and what you think you can prove in court. I definitely would not want to be the first person the RIAA makes an example of.
The streaming companies only start squeezing down on the “people sharing account passwords” for economic reasons, and I don’t recall hearing of anyone being worried about a lawsuit over a clear violation of their ToS. I find it really hard to believe that it would ever make sense for the MPAA to go after someone because they were sharing their music collection with friends/family.
Streaming companies pay streaming license deals for the content they stream.
They have distribution rights. Which you and I do not.
The RIAA is evil enough to kick a grandmother in the face because she remembered her wedding song if it meant they could make a buck.
