Fwd: [KRFC-Programmer] Fwd: [JPL] Streaming Specials On-Line
Al Karia
jctrane at gmail.com
Sat Aug 4 13:27:53 EDT 2007
JPL-ers...
Re: Steve Schwartz' e-mail of July 31
The attached was sent out to KRFC programmers by one of our own after he
(Nigel Aves) took a shot at reading and interpreting the DMCA...{Nigel is
not an attorney NOR does he play one on TV]
Gene Abkarian KRFC
---------- Forwarded message ----------
From: Nigel Aves <nigel at twin-peaks-video.com>
Date: Jul 31, 2007 5:48 PM
Subject: RE: [KRFC-Programmer] Fwd: [JPL] Streaming Specials On-Line
To: "Chris K." <chriskmusic at comcast.net>, Al Karia <jctrane at gmail.com>,
inez at frii.com, "Dean KRFC 88.9FM" <arnie60 at hotmail.com>, Peter Poses <
pposes at earthlink.net>, eflash17 at comcast.net, Brian KRFCJZ Keefe <
be_kef at yahoo.com>, programmer at krfcfm.org
From the DMCA.pft ... "Ephemeral Recordings for Broadcasters" this was
really the only thing I could find that effects us as broadcasters. I could
find no mention anywhere about "number of songs in a row" from a single
artist. *What the "sound recording performance complement" seems to be
related to are webcasters (from 17 USC 114 (j)(13))* and from what I have
discovered webcasters / pod-casters are treated differently from terrestrial
radio streamed. We should also remember that the Denver station "The
Mountain" streams all of it's shows as well and they used to or still do
have the Beatles show every Sunday morning ... 3 hours of it.
That said, the original issue seems to be "on-demand" so this would be the
same as a pod-cast / webcast and my belief is that will be covered under the
17 USC 114 (j)(13) rulings.
http://en.wikipedia.org/wiki/Podcasting
A podcast is a digital media file, or a series of such files, that is
distributed over the Internet using syndication feeds for playback on
portable media players and personal computers. A podcast is a specific type
of webcast which, like 'radio', can mean either the content itself or the
method by which it is syndicated; the latter is also termed podcasting.
Interesting discovering all this.
Nigel (I could live with three hours of the Stones! but three hours of the
Beatles ...... )
*
Ephemeral Recordings for Broadcasters
*
Section 112 of the Copyright Act grants an exemption for the making of
"ephemeral
recordings." These are recordings made in order to facilitate a
transmission. Under this exemption, for example, a radio station can record
a set of songs and broadcast from the new recording rather than from the
original CDs (which would have to be changed "on the fly" during the course
of a broadcast).
As it existed prior to enactment of the DMCA, section 112 permitted a
transmitting
organization to make and retain for up to six months (hence the term
"ephemeral")
no more than one copy of a work if it was entitled to transmit a
public performance
or display of the work, either under a license or by virtue of the
fact that there
is no general public performance right in sound recordings (as distinguished
fro musical works).
Sound Recording Performance
Complement<http://collegebroadcaster.wordpress.com/2007/03/11/sound-recording-performance-complement/>
*One of the many requirements of webcasters* is that they don't exceed the
Sound Recording Performance Complement, which is specified in 17 USC 114
(j)(13) .
Here, the law states, "The "sound recording performance complement" is the
transmission during any 3-hour period, on a particular channel used by a
transmitting entity, of no more than–
(A)
3 different selections of sound recordings from any one phonorecord lawfully
distributed for public performance or sale in the United States, if no more
than 2 such selections are transmitted consecutively; or
(B)
4 different selections of sound recordings–
(i)
by the same featured recording artist; or
(ii)
from any set or compilation of phonorecords lawfully distributed together as
a unit for public performance or sale in the United States, if no more than
three such selections are transmitted consecutively:Provided, That the
transmission of selections in excess of the numerical limits provided for in
clauses (A) and (B) from multiple phonorecords shall nonetheless qualify as
a sound recording performance complement if the programming of the multiple
phonorecords was not willfully intended to avoid the numerical limitations
prescribed in such clauses."
-----Original Message-----
*From:* programmer-bounces at krfcfm.org [mailto:programmer-bounces at krfcfm.org]
*On Behalf Of *Chris K.
*Sent:* Tuesday, July 31, 2007 4:26 PM
*To:* Al Karia; inez at frii.com; Dean KRFC 88.9FM; Peter Poses;
eflash17 at comcast.net; Brian KRFCJZ Keefe; programmer at krfcfm.org
*Subject:* Re: [KRFC-Programmer] Fwd: [JPL] Streaming Specials On-Line
i have tended to believe this is an internet radio issue, not a terrestrial
radio issue, even where the terrestrial station streams content ... is that
not true?
Chris K. Music
Production & Event Coordination
Sound and Booking
(Office) 720-381-6455
(Cell) 970-217-6753
Host - The Colorado Sound
KRFC, 88.9FM, Fort Collins, CO
Saturday - 5PM - 7PM (Mountain)
www.krfcfm.org
www.myspace.com/thecoloradosound
Chris K and Friends
Americana Country, Folk, & Blues
(Office) 720-381-6455
www.myspace.com/chriskandfriends
"The glory of friendship is not the outstretched hand, nor the kindly smile,
nor the joy of companionship; it is the spiritual inspiration that comes to
one when he discovers that someone else believes in him and is willing to
trust him with his friendship." ~ Ralph Waldo Emerson
----- Original Message -----
*From:* Al Karia <jctrane at gmail.com>
*To:* inez at frii.com ; Dean KRFC 88.9FM <arnie60 at hotmail.com> ; Peter
Poses<pposes at earthlink.net>;
eflash17 at comcast.net ; Brian KRFCJZ Keefe <be_kef at yahoo.com> ;
programmer at krfcfm.org
*Sent:* Tuesday, July 31, 2007 2:33 PM
*Subject:* [KRFC-Programmer] Fwd: [JPL] Streaming Specials On-Line
Folks...i send along this item from the national Jazz Programmers List (JPL)
for your edification. In the course of the back-and-forth about this (these)
rules, I number of very well-informed people acknowledged that such
restrictions exist. I have no such knowledge, one way or the other, but we
might put a 'legal-eagle' on this issue so that we are all better
informed. Gene Abkarian
---------- Forwarded message ----------
From: Steve Schwartz <Steve_Schwartz at wgbh.org>
Date: 31 Jul 2007 10:43:02 -0400
Subject: [JPL] Streaming Specials On-Line
To: Programmers Jazz <jazzproglist at jazzweek.com>
This Week's JPL Sponsor: 2008 JazzWeek Summit
June 19-21, 2008 -- Clarion Riverside Hotel, Rochester, N.Y. -- Registration
opens in August
+++++++++++++++++++++++++++++++
Have any of you been faced with this problem of making
available, on-demand, a Special Feature on a jazz artist:
The DMCA's (Digital Millennium Copyright Act) so-called
"sound recording performance complement"
(what some refer to as the no-repeats rules)
basically state that over a three hour period a
service should not program (i) more than three songs,
or more than two in a row, from the same recording,
or (ii) four songs, or more than three in a row,
from the same recording artist or anthology.
Are you aware of this rule? Do you ignore it? Do you comply?
I'm looking for feedback to help the WGBH Legal
Department come up with a decision of how to
handle the issue for Eric Jackson and myself.
We want to be able to post our special features
so they available on-demand
Thanks for your replies
Steve Schwartz
Jazz from Studio Four
Friday, 8p-midnight
WGBH, 89.7FM, Boston
www.wgbh.org/jazz
+++++++++++++++++++++++++++++++
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