So, I really am curious about this andi hope I get some comments. If you know someone that has a legal background, I'd love to get a lawyer's POV on this, but I'd also love to do a discussion with anyone.
Is my podcast illegal?
Every week, I post roughly the same ten songs. For free. And don't have permission from anyone involved. What do you think?
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I post the top 10 songs on Billboard's Alternative Songs chart. I talk about them and I tell you when new albums are coming out and when bands are touring.
Second question: regardless of the legality, is my podcast "bad"?
Legally, if you re posting the songs (MP3s) available for download, with out the consent of the publisher/artiest then yes that is illegal.
"Answer: In a civil suit, an infringer may be liable for a copyright owner's actual damages plus any profits made from the infringement. Alternatively, the copyright owner may avoid proving actual damage by electing a statutory damage recovery of up to $30,000 or, where the court determines that the infringement occurred willfully, up to $150,000. The actual amount will be based upon what the court in its discretion considers just. (17 U.S.C. 504)
Violation of copyright law is also considered a federal crime when done willfully with an intent to profit. Criminal penalties include up to ten years imprisonment depending on the nature of the violation. (No Electronic Theft Act, 18 U.S.C. 2319) "
http://www.chillingeffects.org/piracy/faq.cgi#QID285
Ok, but I'm not depleting any of e songs as mp3s. Understand that if I post the songs individually without permission, that's wrong. But what about a podcast?
Wow. I meant to say that I'm not posting any of the songs as mp3s. Nothing about depleting
I read something about this the other day and I'll try to find it - I think the answer is still 'yes it's illegal' even if you are posting songs within a podcast (a single file in itself) and not as seperate mp3 (other formats are available) files.
The thing I read (you might have to wait until Monday, it will be in the browser history of a 'pooter at work) detailed the amount you could pay for a license to post songs within podcasts - and the cost of the license varied according to how many songs you were going to post and how many downloads you were likely to have. And it was a UK based thing, but I suspect something similar would apply in the states.
Of course I think you should carry on regardless - I tend to take the view that yes, you're right, I don't have the right to post this, but I do it to help make you money in a wider sense, (even though you haven't asked me to) and I do it out of love, and I'll take it down if you want me to, no questions asked.
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