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

cobra2 cobra2 at linuxbasement.com
Thu May 23 11:40:05 PDT 2019


That sums it up for me. I have an opinion but we as a community are just not going to be able/willing to fund the legal fallout that could occour. I leave my vote in the hands of the site admins and their risk levels.

--cobra2

On May 23, 2019 5:55:00 PM UTC, "stankdawg at stankdawg.com" <stankdawg at stankdawg.com> wrote:
>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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