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  • From: Fritz Kass <ibs AT ibsradio.org>
  • To: tom poe <tompoe AT amihost.com>
  • Cc: Community Studios <community_studios AT lists.ibiblio.org>
  • Subject: [Community_studios] Re: Open Studios (NV) webcasting question
  • Date: Wed, 10 Sep 2003 16:38:59 -0400

Hi Tom,

If all the copy right holders (Composer, Artist, etc.) have released
the use of their works royalty free to you or your collective (IBS), then there would be no
need for a "statutory license" provided by the copyright
collectives (ASCAP/BMI/SESAC/RIAA-SoundExchange and Royalty Logic).

Your copyright "license" to preform the works (stream/broadcast)
would be provided by the copyright holder vs. the collectives.

If the Creative Commons you refer to are those fine folks in the basement
of Stanford Law School, you should have no worry as to
the form of their copyright release.

Bill Malone, the lead IBS Washington based copyright attorney,
and myself visited Stanford Law earlier this year and spent
an afternoon with them. Creative Commons are smart people
with outstanding legal resources, even thought it cannot measure up to the
IBS - Harvard (Law School) Team, they are GREAT!.

If you follow your model, I would not expect any problem(s) from RIAA.
IBS has been doing what you are talking about with our Boston demo project.
IBS has been doing this for over a year and RIAA has no problem.

If there are no RIAA represented copyright holders then there
is no "cause of action" as the legal folks say.

The important thing to remember about copyright law it that it is
NOT enforceable by a GOVERNMENT entity. The infringed on
"injured" copyright holder, or their representative MUST be
the Plaintiff. To file suit and carry through to trial is VERY
EXPENSIVE. IBS spent over $200,000.00 in our court actions
over DMCA rates and we settled short of trial(s).

IBS is a 63 year old well represented not for profit association.
We had grant(s) and financial reserves to cover the $200K.
You can Imagine why the other side (RIAA) does not want to lightly attack an
IBS or Creative Commons. It would cost them millions of dollars
and they would lose.

If you have the backing of the copyright holders then you are a go.

If you do not have 100% backing then get a not for profit corporation
and purchase a statutory license for $500 a year under the IBS-RIAA
negotiated agreement.

Fritz

Fritz Kass - IBS 24/7 Member Services
Being an IBS Member has benefits.


On Wednesday, September 10, 2003, at 02:12 PM, tom poe wrote:

From: tom poe <tompoe AT amihost.com>
Date: Wed Sep 10, 2003 2:12:43 PM US/Eastern
To: ibs AT ibsradio.org
Cc: Community Studios community_studios AT lists.ibiblio.org>
Subject: webcasting question

Hi: There should be no reason to pay any fees to SoundExchange or RIAA
or anyone else, if the music is released by the copyright holder to be
streamed over the Internet, right? As long as the copyright holder
waives rights to the song in a form that is explicit, and permits
streaming over the Internet, no fees should be required, right?

We intend to engage in webcasting over local access station with music
provided by independent artists using the Creative Commons licensing
agreements. Does that seem like a doable thing? In other words, there
should be no reason for legal complications if the music is not
copyrighted and owned by the RIAA or SoundExchange, right? Do you know
of anyone that is doing something like that? What I mean, is, do you
know of a webcasting station that does not pay fees to SoundExchange, or
the RIAA in order to webcast?
Thanks,
Tom Poe
Open Studios
Reno, NV
http://www.studioforrecording.org/








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