[Nfb-web] Copyright: Background music in convention presentation.

[Peter Donahue]

Hello Ryan and listers,

Perhaps you can give me some guidance here as I have a situation where a
song was played as background music during a presentation at an NFB State
Convention. We want to upload the convention session in which this occurred,
but am not sure if we would be all right leaving that portion of the session
in the upload, or if we should remove it. It was during a presidential
report when the state president in question played an Eric Clapton song
covered by another artist. He has no intention of distributing the song
itself, but had it playing prior to an important speaker coming after his
report to, "Wake everyone up" so they would give the speaker who was a
national rep their attention and to add a little variety to liven up the
convention proceedings.

    Being that the song(s) were used as a part of the convention program and
are not being uploaded simply for folks to obtain them free of charge and
illegally we're wondering if in this instance it is perfectly legal to leave
this part of the convention proceedings intact, or if we should remove it to
stay on the safe side. Since the subject of audio streaming will be
discussed during this year's NFB Webmasters workshop I would hope someone
could touch on this matter as I'm sure it will come up again as more state
affiliates and national divisions offer more audio and video content on
their Web Sites. I should note that in a recent Presidential Release on our
national site Dr. Maurer included a Mahrey song at the end as he discussed a
recent trip to New Zealand. That song is a part of that presidential
release. Fortunately the RIAA hasn't come calling. Some guidance with this
issue will be very much appreciated.

Peter Donahue

 ----- Original Message ----- 
From: "Ryan Smith" <ryansmith78 at comcast.net>
To: "NFB Webmaster's List" <nfb-web at nfbnet.org>
Sent: Tuesday, May 09, 2006 5:53 PM
Subject: Re: [Nfb-web] Copyright Question


Marvin, having taken some courses in the recording industry and mass media
law, I believe I am qualified to answer your questions.  First off, the
legalities of this issue depends on the purpose for which you want to use
the copy righted materials.  If you are just playing snippits of these
recordings on your site, then I don't believe you are committing any
criminal activity.  When you get into downloads, however, that is another
animal altogether.  You see, when you allow individuals to download tracks
from your site, you are distributing the tracks, thus you are preventing the
artist, writer, and record label from making any money, which is the reason
they are in the business to begin with.  It doesn't matter how old those
tracks are.  Receiving royalties for the life of the copyright is one of the
perks that comes along with holding the copyright.  Record labels still make
the music available to you to purchase, because they want to make money.
Think about it, you're still buying it in one form or another aren't you?
If you download it for free, then no one is making money.  Who ever holds
the copy right has the right to make money.  For example, Michael Jackson
now holds the rights to a large collection of Beadles music.  Therefore,
when it is sold, whether it be cassette, CD, or downloadable medium, Michael
Jackson makes money.

Now, the answers to your questions:
1. If you pay the royalties, which are whatever a record label decides to
charge, yes, you could charge people for downloading music from your site.
2. You would need to begin discussions with the royalties agencies, which
here in the US, are BMI, ASCAP, and SESAC.  You could cover yourself by
getting any correspondence in writing and of course by signing a contract.

3. Have you ever heard of the saying that two wrongs don't make a right?
What about Just because they do it, doesn't make it right?  The better one
is  maybe They just haven't been caught yet.  Those companies are a dime a
dozen, and just when they are about to be caught, they shut down and open
under another name.  The operators of those companies, if and when they get
caught, will be prosecuted, pay heavy fines, and spend a lot of time looking
at bars and walls.
4. See answer 3

I hope this helps.

Ryan Smith
----- Original Message ----- 
From: "marvin hunkin" <marvkin at hotmail.com>
To: <nfb-web at nfbnet.org>
Sent: Monday, May 08, 2006 10:19 PM
Subject: [Nfb-web] Copyright Question


> Hi.
> now just wondering with the relaxation of laws, that will make it legal
> for
> us to in our own private homes, able to tape tv shows, from video, and
> dvd,
> and able to convert music in any format, to listen to.
> now, was developing a 80s music site, and had burned my own copies of 80s
> tracks, from cda to mp3 format.
> now, did e-mail the record companies, in australia, and have them on the
> hard disk.
> now, was wondering, if i did put them on a server, even though the tracks
> are 17 to 26 years old, why would i have to pay royalties to the copyright
> holders,
> or the record companies.
> would like to allow people to download my tracks, but got the third degree
> from the four main record companies in australia, that it would be
> illegal.
> now being an honest guy and a christian, would not do that.
> so here are some questions:
>
> 1. what would happen, if i did pay copyright or royalties, then would  i
> be
> able to say make my site into a business, and charge for downloads?
> 2. how would i do that, in a legal way, to cover my self?
> 3. now, if other people, say in australia, or overseas, know it is
> illegal,
> but put up their music collections from the 70s and 80s, which there are
> heaps
> of sites, and music downloads, what would be the rammifcations, of that
> illegally?
> would i be prosecuted?
> just food for thought.
> would really love to do this, but still illegal.
> if any lawyers on this list, or know of any, could they give their 2 cents
> worth on this issue.
> would really love to do this, but cannot do this, until they either change
> the law, or make it possible, for us individuals to do this legally.
> cheers Marvin.
>
>
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> Nfb-web at nfbnet.org
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