Loading ...
Sorry, an error occurred while loading the content.

Newbie/playing other artists content

Expand Messages
  • NICHOLAS
    Hello all- I am new to the group and to podcasting as well. I have currently been listening to some amateur podcasts and I have noticed that some use other
    Message 1 of 19 , Sep 1, 2011
    • 0 Attachment
      Hello all-
      I am new to the group and to podcasting as well. I have currently been listening to some amateur podcasts and I have noticed that some use other peoples content. For example, most podcasts will start with a music clip by a famous artist. Is this appropriate? I have started to get local bands/artists on board with my podcast to get around this but I would like to review new album releases by larger artist. In short, will I get sued if I play Rage Against The Machine on the show? Thoughts?

      Thanks,

      Nick jaime

      Thehavenots.podomatic.com
      @HaveNotRadio
      thnradio@...
    • David Jackson
      Nick, Will you get sued? Let s go back a second. Is it illegal? If you don t have permission from the wrtier of the song, the performer of the song, and
      Message 2 of 19 , Sep 1, 2011
      • 0 Attachment
        Nick,
        Will you get sued? Let's go back a second. Is it illegal? If you don't have
        permission from the wrtier of the song, the performer of the song, and
        whoever owns the masters of the song, its illegal. Will you get sued. Your
        call. Check out musicalley.com all pre cleared music.

        Parking in front of an expired parking meter is also illegal. People do it
        every day as they feel its only illegal if you get caught.

        Again, your call.

        Dave Jackson
        www.schoolofpodcasting.com
        www.morepodcastmoney.com



        On Thu, Sep 1, 2011 at 10:01 PM, NICHOLAS <nxjaime@...> wrote:

        > **
        >
        >
        > Hello all-
        > I am new to the group and to podcasting as well. I have currently been
        > listening to some amateur podcasts and I have noticed that some use other
        > peoples content. For example, most podcasts will start with a music clip by
        > a famous artist. Is this appropriate? I have started to get local
        > bands/artists on board with my podcast to get around this but I would like
        > to review new album releases by larger artist. In short, will I get sued if
        > I play Rage Against The Machine on the show? Thoughts?
        >
        > Thanks,
        >
        > Nick jaime
        >
        > Thehavenots.podomatic.com
        > @HaveNotRadio
        > thnradio@...
        >
        >
        >



        --
        Dave Jackson


        [Non-text portions of this message have been removed]
      • tapeleg
        If the question is, will you get sued, the answer is probably not. But if you have to ask, is it worth doing? I m of the firm belief that you should own
        Message 3 of 19 , Sep 2, 2011
        • 0 Attachment
          If the question is, will you get sued, the answer is probably not. But if you have to ask, is it worth doing?

          I'm of the firm belief that you should own everything you do. If you want to turn your podcast into something that you can make money - or a living - off of, you should be able to take every element of it and keep it to yourself. You could build something unique using free or cheap licensed loops, and it would be yours and yours alone.

          Also, this doesn't really fall under fair use, and as ambiguous as fair use is, it isn't worth dipping your toes in the water to test it.

          The decision is yours, but if you are asking if it's right, no, it isn't. If it's a big enough deal for anyone to care about is up to you.

          Also, since you are on podomatic, you may want to look at their terms of service. They may explicitly state that you can't use copyrighted materials that you don't have the rights to.


          --- In podcasters@yahoogroups.com, "NICHOLAS" <nxjaime@...> wrote:
          >
          > Hello all-
          > I am new to the group and to podcasting as well. I have currently been listening to some amateur podcasts and I have noticed that some use other peoples content. For example, most podcasts will start with a music clip by a famous artist. Is this appropriate? I have started to get local bands/artists on board with my podcast to get around this but I would like to review new album releases by larger artist. In short, will I get sued if I play Rage Against The Machine on the show? Thoughts?
          >
          > Thanks,
          >
          > Nick jaime
          >
          > Thehavenots.podomatic.com
          > @HaveNotRadio
          > thnradio@...
          >
        • Gwen Orel
          Ask for permission. Podcasters are likely emulating radio shows, unWare that the stations have licenses and permissions. So ask. Or use something else.
          Message 4 of 19 , Sep 2, 2011
          • 0 Attachment
            Ask for permission.
            Podcasters are likely emulating radio shows, unWare that the stations have licenses and permissions.
            So ask. Or use something else.
            Stealing intellectual property is ripping off artists- to me that makes it different from qn expired meter.

            Sent from my iPhone

            On Sep 1, 2011, at 10:01 PM, "NICHOLAS" <nxjaime@...> wrote:

            > Hello all-
            > I am new to the group and to podcasting as well. I have currently been listening to some amateur podcasts and I have noticed that some use other peoples content. For example, most podcasts will start with a music clip by a famous artist. Is this appropriate? I have started to get local bands/artists on board with my podcast to get around this but I would like to review new album releases by larger artist. In short, will I get sued if I play Rage Against The Machine on the show? Thoughts?
            >
            > Thanks,
            >
            > Nick jaime
            >
            > Thehavenots.podomatic.com
            > @HaveNotRadio
            > thnradio@...
            >
            >


            [Non-text portions of this message have been removed]
          • Gwen Orel
            Also if you re reviewing you shld be in touch with the artists reps anyway. They want PR! My show is about irish arts and I always have a tune of the week-
            Message 5 of 19 , Sep 2, 2011
            • 0 Attachment
              Also if you're reviewing you shld be in touch with the artists reps anyway. They want PR!
              My show is about irish arts and I always have a tune of the week- always with permission. I have permission to use all of Black 47's material. Vi got music from The Guard soundtrack. I've had music from Glenn HansRd and the swell season. Vgetying permissions and clearances takes time but is well worth it.

              Sent from my iPhone

              On Sep 1, 2011, at 10:01 PM, "NICHOLAS" <nxjaime@...> wrote:

              > Hello all-
              > I am new to the group and to podcasting as well. I have currently been listening to some amateur podcasts and I have noticed that some use other peoples content. For example, most podcasts will start with a music clip by a famous artist. Is this appropriate? I have started to get local bands/artists on board with my podcast to get around this but I would like to review new album releases by larger artist. In short, will I get sued if I play Rage Against The Machine on the show? Thoughts?
              >
              > Thanks,
              >
              > Nick jaime
              >
              > Thehavenots.podomatic.com
              > @HaveNotRadio
              > thnradio@...
              >
              >


              [Non-text portions of this message have been removed]
            • Mike Johnson
              Also, you get permission from the artists you need to ensure that you have permission from the label as well. In some cases, especially with large bands, it is
              Message 6 of 19 , Sep 2, 2011
              • 0 Attachment
                Also, you get permission from the artists you need to ensure that you have permission from the label as well. In some cases, especially with large bands, it is the label that owns the publishing rights not the artist. Even if they are on a small label it is worth checking. You wouldnt want to play something after you got permission from an artist to find out later they dont have the ability to make that decision.

                Mike J
                Cross Campus Ministry Podcast



                On Sep 2, 2011, at 8:36 AM, Gwen Orel <gwenorel@...> wrote:

                > Also if you're reviewing you shld be in touch with the artists reps anyway. They want PR!
                > My show is about irish arts and I always have a tune of the week- always with permission. I have permission to use all of Black 47's material. Vi got music from The Guard soundtrack. I've had music from Glenn HansRd and the swell season. Vgetying permissions and clearances takes time but is well worth it.
                >
                > Sent from my iPhone
                >
                > On Sep 1, 2011, at 10:01 PM, "NICHOLAS" <nxjaime@...> wrote:
                >
                > > Hello all-
                > > I am new to the group and to podcasting as well. I have currently been listening to some amateur podcasts and I have noticed that some use other peoples content. For example, most podcasts will start with a music clip by a famous artist. Is this appropriate? I have started to get local bands/artists on board with my podcast to get around this but I would like to review new album releases by larger artist. In short, will I get sued if I play Rage Against The Machine on the show? Thoughts?
                > >
                > > Thanks,
                > >
                > > Nick jaime
                > >
                > > Thehavenots.podomatic.com
                > > @HaveNotRadio
                > > thnradio@...
                > >
                > >
                >
                > [Non-text portions of this message have been removed]
                >
                >


                [Non-text portions of this message have been removed]
              • Nicholas Jaime
                Thanks forr the feedback, everyone. I feel that we will stick to local artist that have the rights to their own music and want to get it heard. Again, awesome
                Message 7 of 19 , Sep 2, 2011
                • 0 Attachment
                  Thanks forr the feedback, everyone. I feel that we will stick to local
                  artist that have the rights to their own music and want to get it heard.
                  Again, awesome input. I appreciate it.
                  On Sep 2, 2011 7:45 AM, "Gwen Orel" <gwenorel@...> wrote:
                  > Ask for permission.
                  > Podcasters are likely emulating radio shows, unWare that the stations have
                  licenses and permissions.
                  > So ask. Or use something else.
                  > Stealing intellectual property is ripping off artists- to me that makes it
                  different from qn expired meter.
                  >
                  > Sent from my iPhone
                  >
                  > On Sep 1, 2011, at 10:01 PM, "NICHOLAS" <nxjaime@...> wrote:
                  >
                  >> Hello all-
                  >> I am new to the group and to podcasting as well. I have currently been
                  listening to some amateur podcasts and I have noticed that some use other
                  peoples content. For example, most podcasts will start with a music clip by
                  a famous artist. Is this appropriate? I have started to get local
                  bands/artists on board with my podcast to get around this but I would like
                  to review new album releases by larger artist. In short, will I get sued if
                  I play Rage Against The Machine on the show? Thoughts?
                  >>
                  >> Thanks,
                  >>
                  >> Nick jaime
                  >>
                  >> Thehavenots.podomatic.com
                  >> @HaveNotRadio
                  >> thnradio@...
                  >>
                  >>
                  >
                  >
                  > [Non-text portions of this message have been removed]
                  >


                  [Non-text portions of this message have been removed]
                • Mike Johnson
                  What kind of music are you willing to play? Mike J Cross Campus ministry podcast ... [Non-text portions of this message have been removed]
                  Message 8 of 19 , Sep 2, 2011
                  • 0 Attachment
                    What kind of music are you willing to play?

                    Mike J
                    Cross Campus ministry podcast



                    On Sep 2, 2011, at 4:32 PM, Nicholas Jaime <nxjaime@...> wrote:

                    > Thanks forr the feedback, everyone. I feel that we will stick to local
                    > artist that have the rights to their own music and want to get it heard.
                    > Again, awesome input. I appreciate it.
                    > On Sep 2, 2011 7:45 AM, "Gwen Orel" <gwenorel@...> wrote:
                    > > Ask for permission.
                    > > Podcasters are likely emulating radio shows, unWare that the stations have
                    > licenses and permissions.
                    > > So ask. Or use something else.
                    > > Stealing intellectual property is ripping off artists- to me that makes it
                    > different from qn expired meter.
                    > >
                    > > Sent from my iPhone
                    > >
                    > > On Sep 1, 2011, at 10:01 PM, "NICHOLAS" <nxjaime@...> wrote:
                    > >
                    > >> Hello all-
                    > >> I am new to the group and to podcasting as well. I have currently been
                    > listening to some amateur podcasts and I have noticed that some use other
                    > peoples content. For example, most podcasts will start with a music clip by
                    > a famous artist. Is this appropriate? I have started to get local
                    > bands/artists on board with my podcast to get around this but I would like
                    > to review new album releases by larger artist. In short, will I get sued if
                    > I play Rage Against The Machine on the show? Thoughts?
                    > >>
                    > >> Thanks,
                    > >>
                    > >> Nick jaime
                    > >>
                    > >> Thehavenots.podomatic.com
                    > >> @HaveNotRadio
                    > >> thnradio@...
                    > >>
                    > >>
                    > >
                    > >
                    > > [Non-text portions of this message have been removed]
                    > >
                    >
                    > [Non-text portions of this message have been removed]
                    >
                    >


                    [Non-text portions of this message have been removed]
                  • Nicholas Jaime
                    We are willing to play anything really. What have you got? ... have ... it ... by ... like ... if ... [Non-text portions of this message have been removed]
                    Message 9 of 19 , Sep 2, 2011
                    • 0 Attachment
                      We are willing to play anything really. What have you got?
                      On Sep 2, 2011 7:53 PM, "Mike Johnson" <serviceyourac@...> wrote:
                      > What kind of music are you willing to play?
                      >
                      > Mike J
                      > Cross Campus ministry podcast
                      >
                      >
                      >
                      > On Sep 2, 2011, at 4:32 PM, Nicholas Jaime <nxjaime@...> wrote:
                      >
                      >> Thanks forr the feedback, everyone. I feel that we will stick to local
                      >> artist that have the rights to their own music and want to get it heard.
                      >> Again, awesome input. I appreciate it.
                      >> On Sep 2, 2011 7:45 AM, "Gwen Orel" <gwenorel@...> wrote:
                      >> > Ask for permission.
                      >> > Podcasters are likely emulating radio shows, unWare that the stations
                      have
                      >> licenses and permissions.
                      >> > So ask. Or use something else.
                      >> > Stealing intellectual property is ripping off artists- to me that makes
                      it
                      >> different from qn expired meter.
                      >> >
                      >> > Sent from my iPhone
                      >> >
                      >> > On Sep 1, 2011, at 10:01 PM, "NICHOLAS" <nxjaime@...> wrote:
                      >> >
                      >> >> Hello all-
                      >> >> I am new to the group and to podcasting as well. I have currently been
                      >> listening to some amateur podcasts and I have noticed that some use other
                      >> peoples content. For example, most podcasts will start with a music clip
                      by
                      >> a famous artist. Is this appropriate? I have started to get local
                      >> bands/artists on board with my podcast to get around this but I would
                      like
                      >> to review new album releases by larger artist. In short, will I get sued
                      if
                      >> I play Rage Against The Machine on the show? Thoughts?
                      >> >>
                      >> >> Thanks,
                      >> >>
                      >> >> Nick jaime
                      >> >>
                      >> >> Thehavenots.podomatic.com
                      >> >> @HaveNotRadio
                      >> >> thnradio@...
                      >> >>
                      >> >>
                      >> >
                      >> >
                      >> > [Non-text portions of this message have been removed]
                      >> >
                      >>
                      >> [Non-text portions of this message have been removed]
                      >>
                      >>
                      >
                      >
                      > [Non-text portions of this message have been removed]
                      >


                      [Non-text portions of this message have been removed]
                    • Mike Johnson
                      I have jazz, latin jazz, dance, reggaeton and some hip hop/ r&b Shoot me an email. Mike J ... [Non-text portions of this message have been removed]
                      Message 10 of 19 , Sep 2, 2011
                      • 0 Attachment
                        I have jazz, latin jazz, dance, reggaeton and some hip hop/ r&b
                        Shoot me an email.
                        Mike J




                        On Sep 2, 2011, at 9:22 PM, Nicholas Jaime <nxjaime@...> wrote:

                        > We are willing to play anything really. What have you got?
                        > On Sep 2, 2011 7:53 PM, "Mike Johnson" <serviceyourac@...> wrote:
                        > > What kind of music are you willing to play?
                        > >
                        > > Mike J
                        > > Cross Campus ministry podcast
                        > >
                        > >
                        > >
                        > > On Sep 2, 2011, at 4:32 PM, Nicholas Jaime <nxjaime@...> wrote:
                        > >
                        > >> Thanks forr the feedback, everyone. I feel that we will stick to local
                        > >> artist that have the rights to their own music and want to get it heard.
                        > >> Again, awesome input. I appreciate it.
                        > >> On Sep 2, 2011 7:45 AM, "Gwen Orel" <gwenorel@...> wrote:
                        > >> > Ask for permission.
                        > >> > Podcasters are likely emulating radio shows, unWare that the stations
                        > have
                        > >> licenses and permissions.
                        > >> > So ask. Or use something else.
                        > >> > Stealing intellectual property is ripping off artists- to me that makes
                        > it
                        > >> different from qn expired meter.
                        > >> >
                        > >> > Sent from my iPhone
                        > >> >
                        > >> > On Sep 1, 2011, at 10:01 PM, "NICHOLAS" <nxjaime@...> wrote:
                        > >> >
                        > >> >> Hello all-
                        > >> >> I am new to the group and to podcasting as well. I have currently been
                        > >> listening to some amateur podcasts and I have noticed that some use other
                        > >> peoples content. For example, most podcasts will start with a music clip
                        > by
                        > >> a famous artist. Is this appropriate? I have started to get local
                        > >> bands/artists on board with my podcast to get around this but I would
                        > like
                        > >> to review new album releases by larger artist. In short, will I get sued
                        > if
                        > >> I play Rage Against The Machine on the show? Thoughts?
                        > >> >>
                        > >> >> Thanks,
                        > >> >>
                        > >> >> Nick jaime
                        > >> >>
                        > >> >> Thehavenots.podomatic.com
                        > >> >> @HaveNotRadio
                        > >> >> thnradio@...
                        > >> >>
                        > >> >>
                        > >> >
                        > >> >
                        > >> > [Non-text portions of this message have been removed]
                        > >> >
                        > >>
                        > >> [Non-text portions of this message have been removed]
                        > >>
                        > >>
                        > >
                        > >
                        > > [Non-text portions of this message have been removed]
                        > >
                        >
                        > [Non-text portions of this message have been removed]
                        >
                        >


                        [Non-text portions of this message have been removed]
                      • Mikel O.D.
                        I ve been reading a lot of the replies to this email and I am going to come out and disagree with what a lot them are saying to answer you re original
                        Message 11 of 19 , Sep 3, 2011
                        • 0 Attachment
                          I've been reading a lot of the replies to this email and I am going to come out and disagree with what a lot them are saying to answer you're original question. You ask if you can review an album by an artist - of course you can. Record the review and put clips of their music underneath your review, to me that's fair use. Or play a 20-30 sec clip as part of your review - just don't play an entire song.
                          As far as a popular song for the beginning of your show, it's probably not a good idea, but I wouldn't say don't do it. In the past couple of years, with the popularity of youtube and other social media, I've noticed labels and bands backing off the negativity of using their stuff.

                          Having said all of the above, I'll also let you know I do contact and get approval for 90% of the stuff for my podcast - but it's by choice more than a feeling of obligation. The best advice I can give you is play and do what your passion is for and don't feel so backed into a corner that you can't do that.

                          Mikel O.D.
                          www.mostpeoplearedjs.com


                          > > >
                          > > > On Sep 1, 2011, at 10:01 PM, "NICHOLAS" <nxjaime@...> wrote:
                          > > >
                          > > >> Hello all-
                          > > >> I am new to the group and to podcasting as well. I have currently been
                          > > listening to some amateur podcasts and I have noticed that some use other
                          > > peoples content. For example, most podcasts will start with a music clip by
                          > > a famous artist. Is this appropriate? I have started to get local
                          > > bands/artists on board with my podcast to get around this but I would like
                          > > to review new album releases by larger artist. In short, will I get sued if
                          > > I play Rage Against The Machine on the show? Thoughts?
                          > > >>
                          > > >> Thanks,
                          > > >>
                          > > >> Nick jaime
                          > > >>
                          > > >> Thehavenots.podomatic.com
                          > > >> @HaveNotRadio
                          > > >> thnradio@...
                          > > >>
                          > > >>
                          > > >
                          > > >
                          > > > [Non-text portions of this message have been removed]
                          > > >
                          > >
                          > > [Non-text portions of this message have been removed]
                          > >
                          > >
                          >
                          >
                          > [Non-text portions of this message have been removed]
                          >
                        • Gwen Orel
                          You re playing with fire. ASCAP is very strict. YouTube contracts allow you to use what s posted on your own site by default but they also ask that you have
                          Message 12 of 19 , Sep 3, 2011
                          • 0 Attachment
                            You're playing with fire. ASCAP is very strict. YouTube contracts allow you to use what's posted on your own site by default but they also ask that you have the tight to upload the material. Lots of people ignore thus and if you use the sound of a song illegally uploaded you're the one on the hook. Yes reviews are considered fair use but again ASCAP is strict and you could get in trouble. But there is not even THAT justification fir stealing someone's work as your theme music. Again radio stations buy licenses which is why you hear it done there. Will ascap sue? Probably not but that doesn't make it right. You are priding the artistic freedom of the podcaster over the intellectual property of the artist and justifying theft. It's plain wrong.
                            That you get away with it us beside the fact. Asking for permission 90% of the time is not a favor, and not good enough. It is an obligation and you are arrogNt to say it's by choice.



                            Sent from my iPhone

                            On Sep 3, 2011, at 9:25 AM, "Mikel O.D." <mikelod_1@...> wrote:

                            > I've been reading a lot of the replies to this email and I am going to come out and disagree with what a lot them are saying to answer you're original question. You ask if you can review an album by an artist - of course you can. Record the review and put clips of their music underneath your review, to me that's fair use. Or play a 20-30 sec clip as part of your review - just don't play an entire song.
                            > As far as a popular song for the beginning of your show, it's probably not a good idea, but I wouldn't say don't do it. In the past couple of years, with the popularity of youtube and other social media, I've noticed labels and bands backing off the negativity of using their stuff.
                            >
                            > Having said all of the above, I'll also let you know I do contact and get approval for 90% of the stuff for my podcast - but it's by choice more than a feeling of obligation. The best advice I can give you is play and do what your passion is for and don't feel so backed into a corner that you can't do that.
                            >
                            > Mikel O.D.
                            > www.mostpeoplearedjs.com
                            >
                            > > > >
                            > > > > On Sep 1, 2011, at 10:01 PM, "NICHOLAS" <nxjaime@...> wrote:
                            > > > >
                            > > > >> Hello all-
                            > > > >> I am new to the group and to podcasting as well. I have currently been
                            > > > listening to some amateur podcasts and I have noticed that some use other
                            > > > peoples content. For example, most podcasts will start with a music clip by
                            > > > a famous artist. Is this appropriate? I have started to get local
                            > > > bands/artists on board with my podcast to get around this but I would like
                            > > > to review new album releases by larger artist. In short, will I get sued if
                            > > > I play Rage Against The Machine on the show? Thoughts?
                            > > > >>
                            > > > >> Thanks,
                            > > > >>
                            > > > >> Nick jaime
                            > > > >>
                            > > > >> Thehavenots.podomatic.com
                            > > > >> @HaveNotRadio
                            > > > >> thnradio@...
                            > > > >>
                            > > > >>
                            > > > >
                            > > > >
                            > > > > [Non-text portions of this message have been removed]
                            > > > >
                            > > >
                            > > > [Non-text portions of this message have been removed]
                            > > >
                            > > >
                            > >
                            > >
                            > > [Non-text portions of this message have been removed]
                            > >
                            >
                            >


                            [Non-text portions of this message have been removed]
                          • Gwen Orel
                            to me that s fair use is q nonsense. The law doesn t care about to me. Sent from my iPhone ... [Non-text portions of this message have been removed]
                            Message 13 of 19 , Sep 3, 2011
                            • 0 Attachment
                              "to me" that's fair use is q nonsense. The law doesn't care about "to me."

                              Sent from my iPhone

                              On Sep 3, 2011, at 9:25 AM, "Mikel O.D." <mikelod_1@...> wrote:

                              > I've been reading a lot of the replies to this email and I am going to come out and disagree with what a lot them are saying to answer you're original question. You ask if you can review an album by an artist - of course you can. Record the review and put clips of their music underneath your review, to me that's fair use. Or play a 20-30 sec clip as part of your review - just don't play an entire song.
                              > As far as a popular song for the beginning of your show, it's probably not a good idea, but I wouldn't say don't do it. In the past couple of years, with the popularity of youtube and other social media, I've noticed labels and bands backing off the negativity of using their stuff.
                              >
                              > Having said all of the above, I'll also let you know I do contact and get approval for 90% of the stuff for my podcast - but it's by choice more than a feeling of obligation. The best advice I can give you is play and do what your passion is for and don't feel so backed into a corner that you can't do that.
                              >
                              > Mikel O.D.
                              > www.mostpeoplearedjs.com
                              >
                              > > > >
                              > > > > On Sep 1, 2011, at 10:01 PM, "NICHOLAS" <nxjaime@...> wrote:
                              > > > >
                              > > > >> Hello all-
                              > > > >> I am new to the group and to podcasting as well. I have currently been
                              > > > listening to some amateur podcasts and I have noticed that some use other
                              > > > peoples content. For example, most podcasts will start with a music clip by
                              > > > a famous artist. Is this appropriate? I have started to get local
                              > > > bands/artists on board with my podcast to get around this but I would like
                              > > > to review new album releases by larger artist. In short, will I get sued if
                              > > > I play Rage Against The Machine on the show? Thoughts?
                              > > > >>
                              > > > >> Thanks,
                              > > > >>
                              > > > >> Nick jaime
                              > > > >>
                              > > > >> Thehavenots.podomatic.com
                              > > > >> @HaveNotRadio
                              > > > >> thnradio@...
                              > > > >>
                              > > > >>
                              > > > >
                              > > > >
                              > > > > [Non-text portions of this message have been removed]
                              > > > >
                              > > >
                              > > > [Non-text portions of this message have been removed]
                              > > >
                              > > >
                              > >
                              > >
                              > > [Non-text portions of this message have been removed]
                              > >
                              >
                              >


                              [Non-text portions of this message have been removed]
                            • Mikel O.D.
                              Here s a comparison you ll probably hate, but if the speed limit is 35, to me it s okay to drive 37....And, yes, I know that s illegal and the law doesn t
                              Message 14 of 19 , Sep 4, 2011
                              • 0 Attachment
                                Here's a comparison you'll probably hate, but if the speed limit is 35, "to me" it's okay to drive 37....And, yes, I know that's illegal and the law doesn't care, I'll take that chance.

                                Mikel O.D.
                                www.mostpeoplearedjs.com






                                --- In podcasters@yahoogroups.com, Gwen Orel <gwenorel@...> wrote:
                                >
                                > "to me" that's fair use is q nonsense. The law doesn't care about "to me."
                                >
                                > Sent from my iPhone
                                >
                              • Mike Johnson
                                I understand your mentality on this issue. However, there is a problem with your example. In this case the law does care. They care enough to have been
                                Message 15 of 19 , Sep 4, 2011
                                • 0 Attachment
                                  I understand your mentality on this issue. However, there is a problem with your example. In this case the law does care. They care enough to have been pressing charges against individual college students for downloading an album. These cases are occuring regularly. If they will press charges against a college student then surely there is a chance they will press charges against someone with a show offering the property for download. Also , it may seem that you will never get caught but with technology these days software is scouring the web looking for copywrited music in order to fetch the proper royalties. The Pro's like ascap and bmi as well as entities like soundexchange can be aggresive.

                                  Its best to be safe.

                                  Mike J
                                  Cross Campus Ministry Podcast

                                  On Sep 4, 2011, at 11:19 AM, "Mikel O.D." <mikelod_1@...> wrote:

                                  > Here's a comparison you'll probably hate, but if the speed limit is 35, "to me" it's okay to drive 37....And, yes, I know that's illegal and the law doesn't care, I'll take that chance.
                                  >
                                  > Mikel O.D.
                                  > www.mostpeoplearedjs.com
                                  >
                                  > --- In podcasters@yahoogroups.com, Gwen Orel <gwenorel@...> wrote:
                                  > >
                                  > > "to me" that's fair use is q nonsense. The law doesn't care about "to me."
                                  > >
                                  > > Sent from my iPhone
                                  > >
                                  >
                                  >


                                  [Non-text portions of this message have been removed]
                                • Gwen Orel
                                  It s more like the speed limit is 35 & you re going 79, though. Sent from my iPhone ... [Non-text portions of this message have been removed]
                                  Message 16 of 19 , Sep 4, 2011
                                  • 0 Attachment
                                    It's more like the speed limit is 35 & you're going 79, though.

                                    Sent from my iPhone

                                    On Sep 4, 2011, at 11:19 AM, "Mikel O.D." <mikelod_1@...> wrote:

                                    > Here's a comparison you'll probably hate, but if the speed limit is 35, "to me" it's okay to drive 37....And, yes, I know that's illegal and the law doesn't care, I'll take that chance.
                                    >
                                    > Mikel O.D.
                                    > www.mostpeoplearedjs.com
                                    >
                                    > --- In podcasters@yahoogroups.com, Gwen Orel <gwenorel@...> wrote:
                                    > >
                                    > > "to me" that's fair use is q nonsense. The law doesn't care about "to me."
                                    > >
                                    > > Sent from my iPhone
                                    > >
                                    >
                                    >


                                    [Non-text portions of this message have been removed]
                                  • Gwen Orel
                                    It s also morally wrong to rip off artists... You are stealing their work for your own use, which is not remotely like going over the speed limit on an empty
                                    Message 17 of 19 , Sep 4, 2011
                                    • 0 Attachment
                                      It's also morally wrong to rip off artists... You are stealing their work for your own use, which is not remotely like going over the speed limit on an empty road.

                                      Sent from my iPhone

                                      On Sep 4, 2011, at 1:07 PM, Mike Johnson <serviceyourac@...> wrote:

                                      > I understand your mentality on this issue. However, there is a problem with your example. In this case the law does care. They care enough to have been pressing charges against individual college students for downloading an album. These cases are occuring regularly. If they will press charges against a college student then surely there is a chance they will press charges against someone with a show offering the property for download. Also , it may seem that you will never get caught but with technology these days software is scouring the web looking for copywrited music in order to fetch the proper royalties. The Pro's like ascap and bmi as well as entities like soundexchange can be aggresive.
                                      >
                                      > Its best to be safe.
                                      >
                                      > Mike J
                                      > Cross Campus Ministry Podcast
                                      >
                                      > On Sep 4, 2011, at 11:19 AM, "Mikel O.D." <mikelod_1@...> wrote:
                                      >
                                      > > Here's a comparison you'll probably hate, but if the speed limit is 35, "to me" it's okay to drive 37....And, yes, I know that's illegal and the law doesn't care, I'll take that chance.
                                      > >
                                      > > Mikel O.D.
                                      > > www.mostpeoplearedjs.com
                                      > >
                                      > > --- In podcasters@yahoogroups.com, Gwen Orel <gwenorel@...> wrote:
                                      > > >
                                      > > > "to me" that's fair use is q nonsense. The law doesn't care about "to me."
                                      > > >
                                      > > > Sent from my iPhone
                                      > > >
                                      > >
                                      > >
                                      >
                                      > [Non-text portions of this message have been removed]
                                      >
                                      >


                                      [Non-text portions of this message have been removed]
                                    • tapeleg
                                      I guess it s two different questions, even though it may seem like the same thing. Can I use an artist s music for intros and can I use an artist s music for
                                      Message 18 of 19 , Sep 5, 2011
                                      • 0 Attachment
                                        I guess it's two different questions, even though it may seem like the same thing. Can I use an artist's music for intros and can I use an artist's music for review purposes, vs can I use an artist's music. In the intro, no, but as a review, sure, usually. Fair use covers it, but fair use is still ambiguous enough that it makes it a tough decision to make.

                                        And the thing is, fair use is REALLY ambiguous. It's that way on purpose, so there can be some argument, but it doesn't always work out for the little guy, and in this case, we are the little guys.

                                        I know the decision has been made, but it's an issue that will crop up over and over. I thought I would just throw that out there.



                                        --- In podcasters@yahoogroups.com, "Mikel O.D." <mikelod_1@...> wrote:
                                        >
                                        > I've been reading a lot of the replies to this email and I am going to come out and disagree with what a lot them are saying to answer you're original question. You ask if you can review an album by an artist - of course you can. Record the review and put clips of their music underneath your review, to me that's fair use. Or play a 20-30 sec clip as part of your review - just don't play an entire song.
                                        > As far as a popular song for the beginning of your show, it's probably not a good idea, but I wouldn't say don't do it. In the past couple of years, with the popularity of youtube and other social media, I've noticed labels and bands backing off the negativity of using their stuff.
                                        >
                                        > Having said all of the above, I'll also let you know I do contact and get approval for 90% of the stuff for my podcast - but it's by choice more than a feeling of obligation. The best advice I can give you is play and do what your passion is for and don't feel so backed into a corner that you can't do that.
                                        >
                                        > Mikel O.D.
                                        > www.mostpeoplearedjs.com
                                        >
                                        >
                                        > > > >
                                        > > > > On Sep 1, 2011, at 10:01 PM, "NICHOLAS" <nxjaime@> wrote:
                                        > > > >
                                        > > > >> Hello all-
                                        > > > >> I am new to the group and to podcasting as well. I have currently been
                                        > > > listening to some amateur podcasts and I have noticed that some use other
                                        > > > peoples content. For example, most podcasts will start with a music clip by
                                        > > > a famous artist. Is this appropriate? I have started to get local
                                        > > > bands/artists on board with my podcast to get around this but I would like
                                        > > > to review new album releases by larger artist. In short, will I get sued if
                                        > > > I play Rage Against The Machine on the show? Thoughts?
                                        > > > >>
                                        > > > >> Thanks,
                                        > > > >>
                                        > > > >> Nick jaime
                                        > > > >>
                                        > > > >> Thehavenots.podomatic.com
                                        > > > >> @HaveNotRadio
                                        > > > >> thnradio@
                                        > > > >>
                                        > > > >>
                                        > > > >
                                        > > > >
                                        > > > > [Non-text portions of this message have been removed]
                                        > > > >
                                        > > >
                                        > > > [Non-text portions of this message have been removed]
                                        > > >
                                        > > >
                                        > >
                                        > >
                                        > > [Non-text portions of this message have been removed]
                                        > >
                                        >
                                      • Michael Johnson
                                        There is good news though. Artists and labels need reviews. Press is very important and bands usually spend a lot of time trying to get people to review their
                                        Message 19 of 19 , Sep 5, 2011
                                        • 0 Attachment
                                          There is good news though. Artists and labels need reviews. Press is very important and bands usually spend a lot of time trying to get people to review their album. So if you wrote something like this to an artist or label they will probably be glad to provide you with what you need.

                                          Hello, My name is (Blank) from (Name of show). On our show we review albums and will be reviewing your album: (Name of album) on one of our upcoming episodes. In addition to the review we usually like to play a sample of the music for our listeners. Would you be willing to grant us permission to play a sample of some of the songs from (name of album) for our upcoming review blah blah blah.....

                                          As a part owner of a small record label I know I would jump on it.

                                          Michael J
                                          Cross Campus Ministry Podcast





                                          --- On Sun, 9/4/11, Gwen Orel <gwenorel@...> wrote:

                                          From: Gwen Orel <gwenorel@...>
                                          Subject: Re: [podcasters] Re: Newbie/playing other artists content
                                          To: "podcasters@yahoogroups.com" <podcasters@yahoogroups.com>
                                          Cc: "podcasters@yahoogroups.com" <podcasters@yahoogroups.com>
                                          Date: Sunday, September 4, 2011, 1:11 PM
















                                           









                                          It's also morally wrong to rip off artists... You are stealing their work for your own use, which is not remotely like going over the speed limit on an empty road.



                                          Sent from my iPhone



                                          On Sep 4, 2011, at 1:07 PM, Mike Johnson <serviceyourac@...> wrote:



                                          > I understand your mentality on this issue. However, there is a problem with your example. In this case the law does care. They care enough to have been pressing charges against individual college students for downloading an album. These cases are occuring regularly. If they will press charges against a college student then surely there is a chance they will press charges against someone with a show offering the property for download. Also , it may seem that you will never get caught but with technology these days software is scouring the web looking for copywrited music in order to fetch the proper royalties. The Pro's like ascap and bmi as well as entities like soundexchange can be aggresive.

                                          >

                                          > Its best to be safe.

                                          >

                                          > Mike J

                                          > Cross Campus Ministry Podcast

                                          >

                                          > On Sep 4, 2011, at 11:19 AM, "Mikel O.D." <mikelod_1@...> wrote:

                                          >

                                          > > Here's a comparison you'll probably hate, but if the speed limit is 35, "to me" it's okay to drive 37....And, yes, I know that's illegal and the law doesn't care, I'll take that chance.

                                          > >

                                          > > Mikel O.D.

                                          > > www.mostpeoplearedjs.com

                                          > >

                                          > > --- In podcasters@yahoogroups.com, Gwen Orel <gwenorel@...> wrote:

                                          > > >

                                          > > > "to me" that's fair use is q nonsense. The law doesn't care about "to me."

                                          > > >

                                          > > > Sent from my iPhone

                                          > > >

                                          > >

                                          > >

                                          >

                                          > [Non-text portions of this message have been removed]

                                          >

                                          >



                                          [Non-text portions of this message have been removed]



























                                          [Non-text portions of this message have been removed]
                                        Your message has been successfully submitted and would be delivered to recipients shortly.