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

Klaatu klaatu at mixedsignals.ml
Thu May 23 03:33:49 PDT 2019

This demonstrates the inferiority of non Creative Commons content.  We are all left to our own interpretation of "fair use" (some say there is legally no such thing at all). 

I believe we must reject the episode on the basis that we could be placing our hosting provider at risk. If we want to encourage the episode host to go rogue and post it on his/her own server, then we can do that. Or we can encourage the host to use CC-licensed material.

We must protect our hosting provider and the volunteers who might be seen as beibg legally responsible.

Don't like it? Push CC licensing (this is the route I prefer), or set up a pirate server yourself (and continue to empower those using copyright as cultural blackmail). 

On 23 May 2019 8:50:44 PM NZST, Ken Fallon <ken at fallon.ie> 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 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."
>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
>"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
>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
>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
>Ken Fallon
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