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

cobra2 cobra2 at linuxbasement.com
Thu May 23 02:28:50 PDT 2019

I disagree with the be cautious motif. Post the show. Let the copyright holder do their diligence in protecting their 'brand'. Comply with the DMCA request if/when it is delivered. 

We are not here to follow the letter of the law. We are here to spread knowledge and inspire others to try new things. 

Now that being said, I HATE background music through a show. If the content in question is played during the background of the show and is NOT a live performance ...... Kill it with fire. 

My two cents. 


On May 23, 2019 9:06:32 AM UTC, Mike Ray <mike at raspberryvi.org> wrote:
>If you are in any doubt at all about it, and your head might be on the
>block if it violates any rules, then reject it.
>Erring on the cautious side is the best policy here.  And there are
>plenty of things to podcast about on HPR without needing to resort to
>including potentially copyrighted audio clips.
>A few days ago I was thinking about a podcast about the BBC shipping
>forecast.  But I rejected the idea since I can hardly talk about the
>shipping forecast without playing the 'Sailing By' tune which always
>plays before it at 1:00 AM.  But that is no doubt copyright, so I won't
>do it.
>On 23/05/2019 09:50, Ken Fallon wrote:
>> 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
>> edit, moderate or in any way censor any of the shows on the network,
>> 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
>> 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
>> 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
>> have permission to redistribute. Try to avoid using any content in
>> show that can not be redistributed under a Creative Commons
>> Attribution-ShareAlike 3.0 Unported license. If you are
>> under another Creative Commons License or by arranged permission
>> make note of the restrictions when you upload your show. We can then
>> signal that, so that others who redistribute HPR content can filter
>> show out."
>> As it was clear that they were not in compliance, I contacted the
>> 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
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>> Hpr at hackerpublicradio.org

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