Tuesday, March 27, 2012

Music Manumit Podcast - 10 Second Rule - 120327

lawyers (Photo credit: nishwater)

mp3 audio | ogg audio

In this episode:
We hit the ground running arguing the concept of using music as free use.
Doug gives us an update on his new sister podcast the Music Manumit Lawcast and what it's all about.
And we talk about some of the music we played in previous episodes and more..

Here are Doug's show notes for more information.

This is not legal advice, but....

17 U.S.C. § 107
Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:
the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work;
the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
the effect of the use upon the potential market for or value of the copyrighted work.The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.[1]

nothing about 30-seconds...
For people interested in more on fair use: http://www.lifeofalawstudent.com/category/2l3l/intellectual-property/fundamentals-of-copyright/
http://www.law.stanford.edu/program/centers/lst/podcast/20060612_LST_BP1.mp3 ← not that we are not putting a link because if we link to the .mp3 file, it will show up on our feed!
http://en.wikipedia.org/wiki/Fair_use (notice the lack of a 30-second rule in the discussed case law)
There is no 30-second rule: http://studentpressblogs.org/nspa/?p=283
In case the other links don’t make it clear, there is no 30-second rule: http://www.splc.org/knowyourrights/legalresearch.asp?id=112
The 30-second rule is a guideline: http://www.edu-cyberpg.com/Teachers/copyrightlaw.html

Tom is right about licenses that venues pay BMI, etc. I do say that in the show, but I wanted to emphasize that I wasn’t think about that when I was talking about customs.

Remember, in house counsel are trying to keep you out of court. That is not a bad thing! That does not mean you will lose if you go to court. The lawyers are likely to be extra conservative because they do not want to be sued for legal malpractice! If you tell a lawyer you understand the four factors, then they may feel comfortable being less conservative. Each jurisdiction is different. Courts in some jurisdictions may be agreeable to a fair use defense than in other jurisdictions. If I had to guess, I would guess there is basically no fair use in LA, but more leeway in Wyoming. THIS IS JUST A GUESS! If you have a legal issue, get a lawyer that knows the law in your jurisdiction!

The 4-Skins: http://en.wikipedia.org/wiki/The_4-Skins

First Lawcast should be out soon! Nick and Doug interview Pete Prodoehl and talk about how to deal with lawyers. Part of dealing with lawyers is knowing your rights so lawyers can’t feed you BS!


We made these guys famous...maybe? http://freemusicarchive.org/curator/CCcommunity/blog/Lessazo_30_Musicians_from_France_and_Mali_Create_Art_Libre_Double_Album

The Manumit bump! http://www.musicmanumit.com/2012/02/music-manumit-music-only-podcast-120218.html

We did it! After talking about CCHits.net, Lorenzo’s Music is back on top!

Music shows from the last two weeks:
Short songs: http://www.musicmanumit.com/2012/03/music-manumit-music-only-podcast-120302.html
“Spring Break” tunes

After being reminded by Dave, he told me he would play it on 203, not his faves show. Oops! Also, I think I requested a different Lorenzo’s Music track than I say in the show. Oops again.

The Bugcast better be glad the FCC doesn’t regulate speed on the Internet! http://www.thebugcast.org/2012/02/18/the-bugcast-198-bombs-away/

Give us feedback! (512) 686-6329.