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  • From: tom poe <tompoe AT amihost.com>
  • To: willr <willr AT ktru.org>
  • Cc: "DMCA_Discuss AT lists.microshaft.org" <DMCA_Discuss AT lists.microshaft.org>, Community Studios <community_studios AT lists.ibiblio.org>
  • Subject: Re: [Community_studios] web streaming dmca question
  • Date: Thu, 11 Sep 2003 04:01:01 -0000

Hi, Will: I really appreciate the translation. My feeble brain gets
overloaded really easy. :)

I suspect that there is a substantial pool of quality works out on the
Internet, which would enable the webcasting industry to work around the
CARP at this point. Maybe I'm wrong.

It looks to me like we're at a point that a p2p product, some website
resources like commoncontent.org, the Creative Commons Project, all
could come together in a system that parallels the RIAA.

Open Studios is dedicated to replenishing our precious Public Domain.
One way we can accomplish that mission is to work with organizations
like yours to encourage the creation and distribution of music that is
based on "reasonable" licensing terms. Screening for appropriate
licensing is made very easy through the Creative Commons Project. What
might be interesting, is to have one or more resources for checking to
make sure licensing issues are clear and unequivocal. For example, as
we here, at Open Studios, prepare our design for a web site resource for
Creative Commons licensed works, we so far, believe that each song will
have to be "touched" by human hands. So, we don't anticipate having
artists enter their own listings, at least at the beginning. This
enables us to check with each artist to confirm the licensing options
offered by the artist, with the goal of preventing label/artist
conflicts over ownership rights.

Such an approach doesn't prevent "poisoning" of the database, but it
does provide an opportunity to document efforts, much in the same way
the idiots at RIAA require a task force:
"(b) Future Reporting. The Noncommercial Webcasters shall designate a
task
force of not less than five members that shall be obligated to use
reasonable efforts to work with SoundExchange to determine data fields
and
report formats and recommend policies, procedures and systems for the
delivery of electronic reports of use of sound recordings to
SoundExchange
sufficient to permit SoundExchange, beginning in 2005, to distribute the
royalties paid by Noncommercial Webcasters to those copyright owners and
performers whose sound recordings are used by Noncommercial Webcasters
based on data reported by or on behalf of Noncommercial Webcasters."

Each time I read that, I have to smile at the ludicrousness (is that a
word?) of such a requirement. I wonder what their response would be to
the suggestion that no fees be paid until they get their act together?
Maybe the fees could be put in the webcasters' savings account to earn
interest for the webcasters until the jerks are a bit more organized.
Thanks,
Tom

On Wed, 2003-09-10 at 19:45, willr wrote:
> Yes, this can and is being done.
>
> The important thing to remember is that there is more than one copyright
> at issue. There is the musical work (composition, lyrics, etc.) which is
> usually handled through ASCAP, BMI and SESAC. Then there is the Sound
> Recording.
>
> When obtaining releases, make sure the person providing the release owns
> the material. More often than not, the label and not the artist owns the
> sound recording copyright.
>
> The CBI (collegebroadcasters.org) annual fall conference in Dallas this
> year will have multiple sessions on webcasting. Please contact me off
> list or visit the CBI website for more information.
>
> Will Robedee
> Vice Chairman, CBI
>
>
> > From: tom poe <tompoe AT amihost.com>
> > Subject: [DMCA_Discuss] web streaming dmca question
> > To: "DMCA_Discuss AT lists.microshaft.org"
> > <DMCA_Discuss AT lists.microshaft.org>
> > Cc: Community Studios <community_studios AT lists.ibiblio.org>
> > Message-ID: <1063174761.5542.3.camel AT localhost.localdomain>
> > Content-Type: text/plain
> >
> > Hi: The question was asked, whether a web streaming radio station, like
> > a local access radio station, can engage and offer internet radio as
> > long as the material/content is not copyrighted. Logic says it should
> > be able to. What is the status of this issue? Anyone have the lowdown?
> > Thanks, Tom
>
>
> _______________________________________________
> Community_studios mailing list
> Community_studios AT lists.ibiblio.org
> http://lists.ibiblio.org/mailman/listinfo/community_studios






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