[rfu-automation] Re: [IMC-Shows] Licensing of shows at the IMC for broadcast on WRFU

[Andrew Ó Baoill]

Webcasting also requires prior permission from the artist - unless we  
pay statutory license fees to the various agencies and comply with the  
constraints imposed by the DMCA. And while informal agreement for the  
simulcast will generally suffice, written permission is safer. [We  
don't currently webcast at WRFU, in large part because of the cost of  
copyright fees, and also due to the cost of bandwidth.]

I would be much happier if a release form could be integrated into the  
process - it's standard practice in the industry, and provides more  
CYA for us (that being WRFU and the IMC at large). Given that  
statutory damages for infringement are so crazy, and could be  
devastating to the IMC, I would advise formalizing our process if  
we're looking to use live content in simulcasts or other outlets -  
depending on the release form we use we will also make it possible to  
retain copies in the IMC library for access by IMC working groups and  
members, or make use of the content in forms we can't yet detail  
specifically. We'll also be able to figure out exactly what an artist  
does, and does not, want to have done with their content, and thus  
ensure we deal in a fair fashion with those giving heir time and  
creative effort to us.

Andrew

On May 21, 2009, at 9:50 PM, Ed Hawkes wrote:

> As far as I know Shows does not have any formal paperwork to have  
> artists complete. We usually get a verbal agreement to do the live  
> simulcast. Earlier this year we did have an issue when an artist  
> realized that his performance was posted on the internet for  
> download. I would say that if we were posting the performances that  
> they would only be streamed and not for download, unless we had  
> specific permission from the artist to make the show available for  
> download.
>
> Ed
> ----- Original Message ----- From: "Andrew Ó Baoill" <andrew at funferal.org 
> >
> To: <imc-production at lists.chambana.net>; <shows at ucimc.org>
> Cc: "WRFU Automation" <rfu-automation at lists.chambana.net>; "RFU  
> List" <rfu at lists.chambana.net>
> Sent: Tuesday, May 19, 2009 5:25 PM
> Subject: [IMC-Shows] Licensing of shows at the IMC for broadcast on  
> WRFU
>
>
>> I've talked with several of you previously about the importance of
>> getting permission from artists we plan to simulcast on WRFU - and
>> especially of the importance of having release forms when we record
>> performances for later on-air use.
>>
>> [Incidentally, once we can get this process ironed out, it would be
>> great to add information to the Shows booking page about the
>> availability of live simulcast slots on Saturday evenings, as well as
>> the possibility of recording shows for later broadcast.]
>>
>> I'm not sure what IMC-shows currently requires of artists and others
>> in this regard, but I'd like to have us integrate release forms into
>> the booking process for the performance space, allowing WRFU to
>> broadcast the material live and to record the material for future
>> broadcast. We should also seek to do the same with sessions arranged
>> by/within WRFU programming groups.
>>
>> At WFMU in New Jersey, which has recently founded the Free Music
>> Archive (an online archive of content available royalty-free for non-
>> commercial use), they use Creative Commons as the basis for their
>> release forms. I attach a copy of those forms. One is for a 'share
>> alike' license, the other for a 'no derivatives' (ie remixes)  
>> license.
>>
>> Could they provide a useful basis for a form at the IMC? [As written,
>> with minor modifications they would permit IMC/WRFU to make material
>> available from our websites, or in the future via webcast and  
>> podcast,
>> and permit the building of a comprehensive library of live
>> performances. This approach has the advantage of being, essentially,
>> platform-neutral.]
>>
>
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>> Andrew
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