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

Fri May 12 04:57:19 CDT 2006

Hello Peter,

Of course you would try to stump me.  This is a very tough question. 
Honestly, I don't have the answer for you.  On one hand, I can see how you 
would be OK to leave the song in the upload, as there are a log of sites 
where people have copyrighted material as background music.  On the other 
hand, I can see how that could be getting into some pretty rough water, as 
we never know how the RIAA is going to see things.  What I would recommend 
is to get hold of the music rights organization, probably BMI or ASCAP, and 
some one their could let you know the exact ruling on that one.  Please let 
me know what you are able to find out, as I am curious.

Ryan Smith
----- Original Message ----- 
From: "Peter Donahue" <pdonahue1 at sbcglobal.net>
To: "NFB Webmaster's List" <nfb-web at nfbnet.org>
Cc: "Seay, Michael" <Michael.Seay at ssa.gov>
Sent: Tuesday, May 09, 2006 8:14 PM
Subject: [Nfb-web] Copyright: Background music in convention presentation.

> 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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