[grc] Spinatron has no expertise with non-music
kenya lewis
kenyalewis at gmail.com
Sat Mar 4 08:08:24 PST 2023
actually, spencer suggested it.
i simply like spinatron a great deal and shared eva’s contact info.
i don’t believe they license or make it so you can pay royalties on short stories.
> On Mar 4, 2023, at 7:01 AM, Spencer Graves via grc <grc at maillist.peak.org> wrote:
>
> Hello, All:
>
>
> Kenya Lewis suggested I ask Eva Papp if Spinatron could handle this. I did. Short answer: No. See below.
>
>
> I also asked Bill Clause, who does theater, including radio theater on KKFI. He said they do all original material. That makes the copyright questions easy.
>
>
> CONCLUSION: My recommendation: If you do not have clear copyright permission, don't mess with it. Write your own short stories if you want. I am not a lawyer, but I think you could easily provide a brief summary -- possibly including quotes of, say, 10 percent of the story -- then say that in your opinion, the author misunderstood the characters and the story and give your own version that could have a very different ending. Then it's your original work, critiquing the original author, and inviting the audience to research the original story and tell you which version they like best ;-) You could invite your audience to contribute other versions -- maybe build a competition. I'm just brainstorming, but something like this might help build your audience while also keeping you clean regarding copyright law.
>
>
> Hope this helps.
> Spencer Graves
>
>
> -------- Forwarded Message --------
> Subject: Re: Does Spinatron support reading other copyrighted material?
> Date: Sat, 4 Mar 2023 08:55:10 -0500
> From: Eva Papp <eva at spinitron.com>
> To: Spencer Graves <spencer.graves at effectivedefense.org>
>
>
>
> Hi Spencer,
>
> You can enter some basic non-music related items like PSAs, Station ID, mic breaks, guest interviews, etc, but Spinitron is really for music. While we have years of experience handling music copyright issues, we have no expertise at all regarding copyright issues of non-music material.
>
> I’m sorry we can’t help with this any better. Good luck finding the answer.
>
> Best,
> -Eva
> ***
> Eva Papp | Spinitron <https://spinitron.com/>
> eva at spinitron.com <mailto:eva at spinitron.com>
> 617-233-3115
>
>
>> On Mar 3, 2023, at 4:40 PM, Spencer Graves <spencer.graves at effectivedefense.org> wrote:
>>
>> Dear Ms. Papp:
>>
>>
>> Is Spinatron solely for music?
>>
>>
>> I ask, because Katherine Stathis with WAYO in Rochester, NY, asked about copyright issues with reading short stories on the air. I'm not a lawyer, but I know some about copyright law, and I said the simplest thing would be if Spinatron could handle that for them. See the thread below.
>>
>>
>> Thanks,
>> Spencer Graves, PhD
>> Program Associate, 90.1 FM, KKFI.org, Kansas City Community Radio
>> 4550 Warwick Blvd 508
>> Kansas City, MO 64111
>> m: 408-655-4567
>>
>>
>> -------- Forwarded Message --------
>> Subject: Re: [grc] Storytelling copyright guidelines
>> Date: Fri, 3 Mar 2023 15:30:24 -0500
>> From: Katherine Stathis <stathika at gmail.com>
>> To: kenya lewis <kenyalewis at gmail.com>
>> CC: Spencer Graves <spencer.graves at effectivedefense.org>, ken at wfmu.org, grc at maillist.peak.org
>>
>>
>>
>> Wow, thanks everyone!
>>
>> Kate
>>
>> On Fri, Mar 3, 2023 at 1:55 PM kenya lewis via grc <grc at maillist.peak.org <mailto:grc at maillist.peak.org>> wrote:
>>
>> Yeah, Spencer!
>>
>> Big Spinatron fan. Eva contact info is: eva at spinitron.com
>> <mailto:eva at spinitron.com>
>>
>> > On Mar 3, 2023, at 10:50 AM, Spencer Graves
>> <spencer.graves at effectivedefense.org
>> <mailto:spencer.graves at effectivedefense.org>> wrote:
>> >
>> > Hi, Kate et al.:
>> >
>> >
>> > I am NOT a lawyer, but been irritated repeatedly by
>> copyright law since the 1970s.[1]
>> >
>> >
>> > Do you use Spinatron or something similar for music? If
>> yes, can you ask them if their service could be used for the
>> narrations of short stories that you have in mind? If yes, then you
>> probably want to use them unless you can document a copyright exemption.
>> >
>> >
>> > With narrating a short story, there could be multiple
>> copyrights involved: (1) the story. (2) the narrator(s). (3) the
>> editors. If the story was published before 1923, then it's in the
>> public domain. Otherwise, you will need permission from the author
>> of the story. If the narrator(s) and editor(s) work with you, then
>> you want them to sign a copyright release. I recommend the Creative
>> Commons Attribution-ShareAlike (CC BY-SA) 4.0 International license:
>> It gives anyone license to do anything as long as they cite where
>> they got it ("BY") and use the same license on any revisions
>> ("SA"). That's what is most commonly used by Wikipedia and other
>> Wikimedia Foundation projects.
>> >
>> >
>> > If this is not enough, you need to know "fair use"
>> doctrine. That involves four factors:[2]
>> >
>> >
>> > 1. the purpose and character of the use, including
>> whether such use is of a commercial nature or is for nonprofit
>> educational purposes: If you are using it for fund raising, this
>> could be a problem. If not, you should score well under this
>> factor, because you are a 501(c)(3) under the Multi-Use Community
>> Cultural Center (MuCCC) in Rochester. However, this is not enough by
>> itself to allow you to use copyrighted material.
>> >
>> >
>> > 2. the nature of the copyrighted work: Copyright
>> protection for music and poetry is probably stronger than for short
>> stories or a photograph of a public building in the US. Bottom
>> line: Copyright protection for a short story would likely be fairly
>> strong. It could mitigate allowing you to broadcast a short story
>> without explicit permission from the copyright holder for the short
>> story. If you cannot FIND the copyright holder, you would be wise
>> not to use it. Existing US copyright law is a monument to political
>> corruption: You could lose a suit for infringing a copyright, even
>> if you couldn't find the copyright owner until after they threatened
>> you with a lawsuit.
>> >
>> >
>> > 3. the amount and substantiality of the portion used
>> in relation to the copyrighted work as a whole: If you were
>> broadcasting only modest portions of a short story for purposes of
>> critical comparison with other works, that would be "fair use".
>> Broadcasting an entire story would likely NOT be considered "fair use".
>> >
>> >
>> > 4. and the effect of the use upon the potential
>> market for or value of the copyrighted work: If your broadcast
>> encouraged other people to buy a copy of the work -- or buy other
>> things by the same author or from a distributor who owns the
>> copyright -- then you might get credits from that towards claiming
>> "fair use".
>> >
>> >
>> > MY BOTTOM LINE after thinking about this: You need to be
>> very careful with this. If a service like Spinatron will allow you
>> to log uses with them, then you should be fine. Otherwise, you need
>> to be careful about the copyright.
>> >
>> >
>> > Hope this helps.
>> > Spencer Graves, PhD
>> > Program Associate, 90.1 FM, KKFI.org, Kansas City Community Radio
>> > 4550 Warwick Blvd 508
>> > Kansas City, MO 64111
>> > m: 408-655-4567
>> >
>> >
>> > [1] I have over 30 published technical papers. For most of
>> those, I was required to sign over the copyright "as a work made for
>> hire" to the publisher, even though I have never received a penny in
>> copyright royalties and would have to pay to get a copy of my own
>> work! My article on "Do copyrights and paywalls on academic
>> journals violate the US Constitution?" is scheduled to appear this
>> month in Real-World Economics Review. A prepublication version is
>> available at:
>> >
>> >
>> >
>> https://en.wikiversity.org/wiki/Do_copyrights_and_paywalls_on_academic_journals_violate_the_US_Constitution%3F
>> <https://en.wikiversity.org/wiki/Do_copyrights_and_paywalls_on_academic_journals_violate_the_US_Constitution%3F>
>> >
>> >
>> > [2]
>> >
>> >
>> > https://en.wikipedia.org/wiki/Fair_use#U.S._fair_use_factors
>> <https://en.wikipedia.org/wiki/Fair_use#U.S._fair_use_factors>
>> >
>> >
>> > [3] If you
>> >
>> >
>> > https://en.wikipedia.org/wiki/WAYO-LP
>> <https://en.wikipedia.org/wiki/WAYO-LP>
>> >
>> >
>> >
>> >> On 3/3/23 11:57 AM, kenya lewis via grc wrote:
>> >> Nice, Ken. Thanks!
>> >> Chat GPT also fictionalizes roughly 5% of the time in my
>> experience so far. Including false attributions for quotes and
>> unsubstantiated data. It is a decent starting point tho, moreso if
>> your prompt is specific and you build on the initial question
>> >>>> On Mar 3, 2023, at 9:42 AM, Ken Freedman <ken at wfmu.org
>> <mailto:ken at wfmu.org>> wrote:
>> >>>
>> >>>
>> >>> While the ChatGPT is accurate on some points, it fails on others.
>> >>>
>> >>> 1) FCC rules have no say on copyright law.
>> >>>
>> >>> 2) Also, ChatGPT's answer on Fair Use is simplistic and
>> useless. Fair Use is a legal defense only, and is therefore subject
>> to the knowledge and whims of each judge who hears a Fair Use case.
>> >>>
>> >>> -Ken Freedman
>> >>>
>> >>>> On Fri, Mar 3, 2023 at 12:02 PM kenya lewis via grc
>> <grc at maillist.peak.org <mailto:grc at maillist.peak.org>> wrote:
>> >>>> Interesting. I think:
>> >>>>
>> >>>> You’d need permission or for the material to be in the public
>> domain, (published prior to 1923)
>> >>>>
>> >>>> You may be able to argue it is educational but ethically that
>> is made more gray b.c you are using someone else’s work for your
>> station’s benefit with none to the content creators
>> >>>>
>> >>>> I’m doing some tests for work, so here is the answer from Chat
>> GPT:
>> >>>>
>> >>>> Under FCC rules, non-commercial educational (NCE) broadcast
>> stations are generally subject to the same copyright laws as
>> commercial broadcast stations. Therefore, reading a published short
>> story on a non-commercial broadcast radio station without permission
>> from the copyright holder could still be considered a copyright
>> violation.
>> >>>>
>> >>>> However, there are some exceptions under the law that may
>> apply to NCE stations. For example, Section 110 of the Copyright Act
>> allows for certain performances and displays of copyrighted works in
>> the context of face-to-face teaching activities at non-profit
>> educational institutions. Additionally, the fair use doctrine may
>> allow for certain limited use of copyrighted material without
>> permission for purposes such as criticism, commentary, news
>> reporting, teaching, scholarship, or research.
>> >>>>
>> >>>> If you are considering reading a published short story on a
>> non-commercial broadcast radio station, it's best to consult with
>> legal counsel to determine the specific copyright implications and
>> any exceptions that may apply.
>> >>>>
>> >>>>
>> >>>>
>> >>>>
>> >>>>
>> >>>>
>> >>>>> On Mar 3, 2023, at 7:28 AM, Katherine Stathis via grc
>> <grc at maillist.peak.org <mailto:grc at maillist.peak.org>> wrote:
>> >>>>>
>> >>>>> Hi! We're seeking clear copyright guidelines surrounding the
>> narration of
>> >>>>> short stories, and if there are limitations for broadcasting,
>> streaming, or
>> >>>>> posting archived shows online. We're a bit confused on what's
>> allowed and
>> >>>>> what's not, and we have a storyteller radio host in suspense.
>> Any help is
>> >>>>> appreciated!
>> >>>>>
>> >>>>> Thank you,
>> >>>>> Kate
>> >>>>>
>> >>>>> Kate Stathis
>> >>>>> WAYO 104.3FM <https://wayofm.org/ <https://wayofm.org/>>
>> >>>>> Rochester, NY
>> >>>>> _______________________________________________
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