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Re: [podcasters] Newbie/playing other artists content

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  • 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 1 of 19 , Sep 2, 2011
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      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 2 of 19 , Sep 3, 2011
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        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 3 of 19 , Sep 3, 2011
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          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 4 of 19 , Sep 3, 2011
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            "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 5 of 19 , Sep 4, 2011
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              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 6 of 19 , Sep 4, 2011
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                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 7 of 19 , Sep 4, 2011
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                  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 8 of 19 , Sep 4, 2011
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                    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 9 of 19 , Sep 5, 2011
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                      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 10 of 19 , Sep 5, 2011
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                        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]

                        >

                        >



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