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

NYbill nybill at gunmonkeynet.net
Fri May 24 13:19:13 PDT 2019


On 5/23/19 4:50 AM, 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 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.
> 
> 
> _______________________________________________
> Hpr mailing list
> Hpr at hackerpublicradio.org
> http://hackerpublicradio.org/mailman/listinfo/hpr_hackerpublicradio.org
> 
With what I see happening on the U-tubes lately. Don't chance it with
anything even remotely copyrighted! Deep pockets are basically writing
bots to find and claim against content. (Anything and everything it seems.)

Even if a content creator has copyright to all their work, how can they
fight 1000 claims in court!

They cant.

I've played a guitar a few times on an episode. I'm intentionally not
playing an actual song. Just a few chords. Unless the bots start
claiming against G-D-A. <- Only half joking. Oo

I know the conversation that spawned this discussion. I think the person
on the other end is actually jazzed up and enthusiastic to jump into HPR
full swing. (And welcome!) But, being new to the community at large
maybe sit back a bit and take it all in for a while. ;)

We're all in this together.

NYbill

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