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

stankdawg at stankdawg.com stankdawg at stankdawg.com
Thu May 23 10:55:00 PDT 2019


I would need to know what the material was and the context to determine if it falls under “fair use”. IANAL so even with that info it would be my best guess just from experience. 

Easy solution is the show creator voluntarily clean it up if possible. Since I don’t know the context that may not be realistic without ruining the intent of the show. I am hoping there is a solution that makes that decision easy. 

If not then, as much as its sucks, we have to not get ourselves (mostly Ken and I and mostly me more than Ken) in trouble legally or financially. I saw some fair about about low chance to get caught and the thoughts that the punishment would be slap on the wrist and just take it down. But if they get aggressive and push to court then I just cannot afford it EVEN IF WE ARE RIGHT ABOUT FAIR USE AND WIN the court costs alone would break me  

Sorry. Not worth the risk. I appreciate the contribution and do not want to discourage the submissions.  But it is too dangerous. 

And for the record... no one else can voluntarily accept responsibility. It falls back to me as site owner no matter what. 

Sent from my iPhone.

> On May 23, 2019, at 4:50 AM, 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."
> 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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> Hpr at hackerpublicradio.org
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