Online Radio, Podcasts, and the legal system
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  1. #1
    Tech Wizard
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    Default Online Radio, Podcasts, and the legal system

    My brother has been making a "podcast" for the last two years where he puts a mix on soundcloud once a month and then shares it on facebook. We talked about adding in a few more DJs and calling it a weekly radio show/podcast. I had thought of putting it on the itunes store or finding a radio station when I saw one of my favorites (netmusique) had shut down because of some ten year old copyright infringement law suit.

    For you guys who make radio show and podcasts what do I need to know before we take our mixes to something like the itunes store, mixlr, or something similar?

  2. #2
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    I think youre good as long as the tracks that are played have been released

  3. #3
    Tech Guru Sherlock Ohms's Avatar
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    Think it depends hugely on the country you're in tbh ...
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  4. #4
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    Quote Originally Posted by Sherlock Ohms View Post
    Think it depends hugely on the country you're in tbh ...
    definitely

  5. #5
    Tech Guru dope's Avatar
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    I think youre good as long as the tracks that are played have been released
    That's funny because I was thinking the exact opposite.
    When you play an unrealeased leaked track (not encouraging this, but let's face it, it exists), who can tell who owns the rights on the track ?
    Since it's not released, technically there is no proof that it belongs to the artist.
    It's strange, I'm not a law expert but that seemed logical.

    Anyway, I'm looking for an online radio for a weekly residency or something, so if this project is serious, you can send me a pm

  6. #6
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    You have to watch out for copyrights with radio broadcasts and podcasts. It has to do with redistribution, duplication, and ownership. If you are old enough to remember the days of the "FBI Warning" at the beginning of VHS tapes, that warning is a generalized summary of a copyright and it works the same for audio recordings. Radio stations buy the rights to the tracks they play. Which the cost of the rights could be passed along to the uploader/host of the program if an infringement suit comes down the pipe, a scenario that would not be a fun time.

    Some people are able to get around a copyright by showcasing material as, a "review" of the material, or having a note that states "no copyright infringement intended" (you may have seen this with Youtube videos).

    Online piracy has skewed the lines alot over the past ten or so years. But it basically comes down to money and where it ends up. The system will use anyone to make an example, so don't be reckless with your dealings.

  7. #7

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    I've been doing podcasts and dj mixes for some time, here's my take on it:

    Quite generally, you are all right as long as the songs are mixed, and can't be bootlegged from your file. This is a general rule though. Technically you are infringing all sorts of rights, but the industry lawyers are way too busy dealing with torrents and the like to give two shits about it. Plus the artists usually like being mixed and podcasted for the promotion, again, as long as it is mixed.
    Worst case scenario, you get a cease and desist order, which means you have to take down the file from the server. Not a big deal.

  8. #8
    Tech Guru Nicky H's Avatar
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    Quote Originally Posted by dope View Post
    That's funny because I was thinking the exact opposite.
    When you play an unrealeased leaked track (not encouraging this, but let's face it, it exists), who can tell who owns the rights on the track ?
    Since it's not released, technically there is no proof that it belongs to the artist.
    No... it does not...

    Released or not the producer still owns the rights

    It's strange, I'm not a law expert but that seemed logical.
    No... you are not...
    SC | MC

  9. #9
    Tech Wizard Kayzee's Avatar
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    Quote Originally Posted by Lysgaard View Post
    I've been doing podcasts and dj mixes for some time, here's my take on it:

    Quite generally, you are all right as long as the songs are mixed, and can't be bootlegged from your file. This is a general rule though. Technically you are infringing all sorts of rights, but the industry lawyers are way too busy dealing with torrents and the like to give two shits about it. Plus the artists usually like being mixed and podcasted for the promotion, again, as long as it is mixed.
    Worst case scenario, you get a cease and desist order, which means you have to take down the file from the server. Not a big deal.
    Hey I have been wanting to release a weekly podcast, of dubstep and electro mixed. But was wondering if that same rule would work? Can I use any music as long as it is mixed in?

  10. #10
    Tech Guru dope's Avatar
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    What's the point being mean ?
    If you are a law expert, then tell us more about it, we're all waiting for you

    Released or not the producer still owns the rights
    What proves whose property is it since it has not been registred anywhere ?

    For example in France, an organisation has a registry with most of the tunes released. And they are the people you have to pay if you want to play a track at the radio or anywhere where it will be listenened by a lot of people. And I guess that they give back a part of the money to artists.
    But after a delay like 25 years i think, the tracks enter the "public domain" and anyone can use them and play them in public for free.

    The thing is that when you play mostly "underground" tracks or at least not mainstream ones, then the tracks are not registered by the organisation, and thus you don't have anything to pay to this organisation.



    So when I say you can play unreleased tracks without getting in trouble (I'm talking outside France), I'm not sure at even 0.1% that it's true, and as somone said before it depends alot on the country where you reside. But still, in many countries (except the US were law are super weird sometimes) we can find a logic in the law. And that's what I would like to find.

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