So what's in your CD player right now?

Stephen D. Williams sdw@lig.net
Tue, 12 Mar 2002 12:11:23 -0500


Time-shifting for your own use is obviously completely legal.  Sharing 
the archive that you build up using your own computer and radio is the 
only issue.  I agree that this is a problem, but I don't agree that it 
is 'performing'.  I am talking about 'sharing a time-shifted copy'.  I 
remember reading language about the VCR cases where they specifically 
allowed you to share a videotape with friends and family that were in 
the same viewing area.  I doubt this area can be stretched too much 
however, especially in the current climate.

RIAA would probably try to complain about sharing telemetry about song 
start/stop, title, etc., but in this case they would have a problem 
since the activity supported, timeshifting, is clearly legal.  The play 
details could only be protected via a compilation copyright by the radio 
station (or charting companies), but this seems tenuous and RIAA would 
have no standing.

sdw

carey wrote:

>You said:
>
>"Pros:
>perfectly legal time-shifting, reasonable quality"
>
>Your idea sounds great, save for one potentially large caveat.
>'Broadcasting'.  Once you enter the realm of the masses, you venture
>dangerously close to that other parts of copyright. Specifically, #3 and # 4
>of the 5 enumerated rights:
>
>(3)
>
>to distribute copies or phonorecords of the copyrighted work to the public
>by sale or other transfer of ownership, or by rental, lease, or lending;
>
>(4)
>
>in the case of literary, musical, dramatic, and choreographic works,
>pantomimes, and motion pictures and other audiovisual works, to perform the
>copyrighted work publicly;
>
>http://www4.law.cornell.edu/uscode/17/106.html
>
>If you argue that you're not distributing to the public by sale (tho I would
>argue that it would at least be 'lending' in a very loose sense of the word)
>you are performing.  THis is why radio stations have to pay the ASCAP (which
>is meant theoretically to go to the artists, but we all know otherwise) ,
>and why things like webcasting is under serious contention.
>
>So legally speaking, it probably isn't.  Nice, and a damn good idea (tm) I
>can see.
>
>As far as sharing music, I want one big giant universal itunes directory
>that is ALWAYS on.  *purr*
>
>
>----- Original Message -----
>From: "Stephen D. Williams" <sdw@lig.net>
>To: "carey" <carey@tstonramp.com>
>Cc: <fork@xent.com>
>Sent: Tuesday, March 12, 2002 7:51 AM
>Subject: Re: So what's in your CD player right now?
>
>
>>Shouldn't we share the music we listen to so that we're all exposed to
>>more variety?  (I.e. advertisement to a wider audience?)
>>
>>I'd be interested in trying about 75% of the selections below.
>>
>>Now where have I heard this idea before?
>>
>>Broadcast timeshifting MP3 idea:
>>I keep thinking that I need to rig a high quality recording system for
>>broadcast radio.  I would build an easy software package that allows me
>>to quickly identify the start/stop of music or programs and chop them
>>into files, name them, and add them to a collection.  Cons: imperfect
>>lead-in/out, digital-analog-broadcast-analog-digital conversion, Pros:
>>perfectly legal time-shifting, reasonable quality.  Add even a single
>>person at a time in a market generating artist/title/time play points
>>for each monitored station and you have MP3 labelling.  For that matter,
>>the start/stop times could be shared legally which would allow automatic
>>parsing on everyone's copy of the music.
>>
>>Additionally, I believe it is legal to share timeshifted material with
>>others in the same 'market'.  In other words, if they could have heard
>>it the same way you did, you can share with them.
>>
>>sdw
>>
>>carey wrote:
>>
>>>This is indeed a bitless comment, but for the past week I've been fidgety
>>>
>to
>
>>>get into new music.  Friends keep remarking that my style and choices are
>>>dull, and for once, I'm starting to agree with them.  I've gotten myself
>>>into a drum n' bass rut, and so, in search of a more varied musical
>>>selection, I come to FoRK.
>>>
>>>I'm curious what y'all are listening to, what gets your rocks off
>>>
>musically.
>
>>>I miss the days when Jim would post the KUCI top 10's -- that was always
>>>
>a
>
>>>fun way to variate musical choice,  so consider this an exercise in
>>>listmaking.
>>>
>>>Perhaps the FoRK Top (x)?
>>>
>>>To be fair, I'll start out:
>>>
>>>Arabian Travels -- A six Degrees collection (fun fun mixes of middle
>>>
>eastern
>
>>>background music on top of electronic beats)
>>>
>>>Amon Tobin - Supermodified
>>>Amon Tobin - Bricolage
>>>Trik Turner - Trik Turner (was originally seeking something else, and was
>>>nonetheless pleasantly surprised
>>>Janis Joplin - Best of
>>>Frank Sinatra - Come fly with me
>>>Cowboy Bebop - OST (Anime goodness from Kanno, Yoko)
>>>
>>>:-)
>>>-BB
>>>
>>>
>>>
>>>http://xent.com/mailman/listinfo/fork
>>>
>>--
>>sdw@lig.net http://sdw.st
>>Stephen D. Williams 43392 Wayside Cir,Ashburn,VA 20147-4622
>>703-724-0118W 703-995-0407Fax Dec2001
>>
>>
>>
>>

-- 
sdw@lig.net http://sdw.st
Stephen D. Williams 43392 Wayside Cir,Ashburn,VA 20147-4622
703-724-0118W 703-995-0407Fax Dec2001