[Hpr] Should we reject a show with copyrighted fair use clips in it ?

Ken Fallon ken at fallon.ie
Thu May 23 01:50:44 PDT 2019


Hi All,

Under safe harbor provisions, we as volunteers are usually insulated
from any copyright issues that may arise in the shows. "We do not vet,
edit, moderate or in any way censor any of the shows on the network, we
trust you to do that."

This we got by accident because "This is a long standing tradition
arising from the fact that HPR is a community of peers who believe that
any host has as much right to submit shows as any other."
http://hackerpublicradio.org/stuff_you_need_to_know.php#not_moderated

In the show notes associated with hpr2829 on 2019-06-06, the host
included the following text "For all included materials: If anyone feels
they have right to any material in this show please let me know and I
will comply."

This violates the HPR upload policy
http://hackerpublicradio.org/stuff_you_need_to_know.php#permission

"Never include content, for example music, in your show that you do not
have permission to redistribute. Try to avoid using any content in your
show that can not be redistributed under a Creative Commons
Attribution-ShareAlike 3.0 Unported license. If you are redistributing
under another Creative Commons License or by arranged permission please
make note of the restrictions when you upload your show. We can then
signal that, so that others who redistribute HPR content can filter your
show out."

As it was clear that they were not in compliance, I contacted the host.
The host has been very helpful and has already removed some of the
content but commented "There are still 2 audio clips included. I claim I
can use them on the basis off fair use principles."

While the host may be correct, if they are not, then it is me and not
the host that will be held responsible for posting it. I do not want
that responsibility.

Under the current HPR rules I am allowed to reject this submission.

Before I do, I would appreciate as much feedback as possible on this
topic so that we can gauge the opinions of the HPR Community as a whole.

-- 
Regards,

Ken Fallon
http://kenfallon.com
http://hackerpublicradio.org/correspondents.php?hostid=30

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