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

James Toebes james at toebesacademy.com
Thu May 23 04:18:05 PDT 2019

Reading the notes and responses,  I agree with the cautious approach.   While I agree with the sentiments that Fair use may cover it.  The resources of HPR are limited.   Even the trouble of having to redact something submitted is a heavy burden.  Since we are community submitted,  giving sway to requirements would allow a contributor to submit a Trojan Horse episode that could cause significant headaches.    To quote an old phrase 'Abuse it and Lose it.'   I want to see HPR for a long time. 

And Ken,  I apologize.   I am LONG overdue for some promised episodes.   

"Ken Fallon" <ken at fallon.ie> – May 23, 2019 8:52 AM
> 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."
> hackerpublicradio.org/stuff_you_need_to_know.php
> 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
> hackerpublicradio.org/stuff_you_need_to_know.php
> "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
> kenfallon.com
> hackerpublicradio.org/correspondents.php
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