[grc] Podcast of music shows

[dragon]

Unfortunately that is not correct at all Sharon...

If you read the DMCA and then the 'Rules" that the library of congress
created from it the situation becomes highly problematic.

Regardless of who owns the right to the content produced in your studio,
the programmer's do not own the copyright, or recorded performance
rights to music which is not theirs.

The best chance of protecting yourself is to have it in your
programmer's handbook and agreement that:

a) They do not have permission to upload or share any material which
they do not hold the copyright for. (this means commercial music mostly)

If the station does not take an official stance you can be seen as
enabling them as you provided the facilities to produce the "show."

You can't even require them to just make sure that they adhere to the
rules and DMCA when sharing something because they aren't a broadcaster
and individuals are essentially not allowed to share!

You're legal out is that the programmer was breaking the station's
rules... and even that isn't the most solid footing if you don't have
some sort of reprimand in place when you become aware of the violation.

They are also violating the terms of service for almost any site if they
upload material for which they do not hold the copyright. INCLUDING
archive.org unless their ToS have changed in the past 3 or 4 months.

Now, on the flip side, no broadcaster has ever been pursued by the RIAA
or justice dept. for DMCA violations. Likely because they are worried
that it wouldn't hold up if taken to the supreme court. But I will put
money on it that if they do start pursing this, the first broadcasters
they go after won't be big multi-station corporations with deep pockets.
They like to scare little people into settlements.

Todd
Phantom Machine Works


On 02/16/2015 10:20 AM, Sharon Lockhart wrote:
> When  station asked  about uploading music to internet,  this is response
> received.  Does below logic fly?  
> 
> 'the station has not taken an official stance on uploading (word of mouth
> only) and  does not sanction what programmers do privately with podcasts of
> their shows outside of station website. The station is not putting this  on
> internet for streaming  and even if we were it is not a violation if it is a
> non-media,  non-broadcast site'
> 
> www.archive.org
> 
> 
> 
> -----Original Message-----
> From: grc-bounces at maillist.peak.org [mailto:grc-bounces at maillist.peak.org]
> On Behalf Of dragon
> Sent: Tuesday, February 10, 2015 9:32 AM
> To: grc at maillist.peak.org
> Subject: Re: [grc] Podcast of music shows
> 
> Simple answers to your two ?s...
> 
> Yes and Yes!
> 
> You should add that the rights to content produced belong to the station and
> that programmer's are not allowed to upload content without prior approval
> to your programmer's handbook and agreement.
> 
> -Todd
> 
> Phantom Machine Works
> todd at phantommachineworks.com
> 
> 
> On 02/10/2015 07:24 AM, Sharon Lockhart wrote:
>> Hi everyone,
>>
>> What are the protocols for the podcast of music shows?  
>>
>> KKFI recently discovered that several KKFI music programmers were 
>> uploading their shows to www.archive.org. Website allows free 
>> downloading of music and even counts the number of downloads.  KKFI 
>> call letters are prominently displayed on the site along with title of
> show and programmer name.
>>
>> Does this violate the DMCA and could KKFI be held liable?  
>>
>> Sharon Lockhart
>> KKFI volunteer programmer
>>
>>
>>
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>>
> 
> 
> 
> 
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