Stealing content

[rjstelling]

Our podcast showcases indie and unsigned bands, our latest show featured an exclusive live recording and interview with a band. Now one of the bands 'fans' has cut out the song and offered it up for download with out our or the bands permission.

My question is what can I do? Should I worry? Will this cost me subscribers? And has any one have this problem before?

Rich

[Steev]

I'm assuming that the band gave you permission to use the song, so that's cool. As for the fan, I would just let the band know what he/she is doing and let THEM deal with it. It's not your fault that somebody cut their song out of your podcast.

[cc_chapman]

It's a total dick move on the part of the fan. This is the reason so many labels are avoiding podcasting is because they are worried about exactly that happening.

I'd let the band know about it so that they can deal with the person who did it. Hopefully they still realize the power of podcasting and will continue to support it.

Maybe the guy didn't know he was doing wrong, perhaps confronting him about it and explaining that though they are independent, they still need permission. If the guy still continues to do it, then go to plan B and let the band handle it. Podcasting is new with lots of gray areas of what's legal and what isn't, so give the guy the benefit of the doubt before we call him a dick and burn him at the stake.

[speljamr]

Yeah, not cool on the fan's part. I agree, maybe the guy just needs it brought to his attention.

[jbisjim]

It's a total dick move on the part of the fan. This is the reason so many labels are avoiding podcasting is because they are worried about exactly that happening.

I'd let the band know about it so that they can deal with the person who did it. Hopefully they still realize the power of podcasting and will continue to support it.

Good point.

Some downloader think all music free. Maybe the people who cut them out of podcasts think "podsafe" is free with out consequences.

Podsafe musicians often offer there music at VERY resonable prices. much lower than store bought. I personally buy music from local concerts and or music i have heard on podcast.

[dhp]

Maybe the guy didn't know he was doing wrong, perhaps confronting him about it and explaining that though they are independent, they still need permission. If the guy still continues to do it, then go to plan B and let the band handle it. Podcasting is new with lots of gray areas of what's legal and what isn't, so give the guy the benefit of the doubt before we call him a dick and burn him at the stake.

I agree. While, when first reading this post, I initially got pretty mad. But, since cooled down. It's easy to lose your cool, bitch someone out, and feel righteous - but that's rarely productive. What you (and the community) presumably want, it for this person (and those like him) to understand that his actions seem rude and insensitive to the community of people in the podcasting/podsafe world. He needs to learn to NOT do this, and to spread the good word. Jumping to conclusions won't accomplish this.

two (early ****ing morning) cents
DHP

[rootsmart]

If your podcast is under the Creative Commons license, then I guess it is legal. It matter what liscense you choose. Technically there is nothing you can do about it, except contact the guy and say take it off the net. I doubt that you will lose subscribers, but you probably aren't going to gain any.

[kickasspodcast]

This is a growing problem in podcasting.(imho)

People seem to think if they hear music on a podcast it must be
podsafe. This is in part the fault of the podcasters who aren't
clear in saying weather or not their music is Podsafe, Copyright Protected, Tradesafe etc... It also is totally not cool for a listener to assume that they have the right to hack up and distribute mp3s stolen from your podcast.

one question:
Did you specifically say that the music on your show is not to be cut up and redistributed? Either in the show itself or on your website?

If not- it maybe a lesson learned. You kinda have to be really clear.

What I would suggest is that you implement a gateway to your website. I have one you can see at http://kickasspodcast.com/ there is also one at Soccergirl's Website http://soccergirlincorporated.com/
Basically you reword it to fit your site and make everyone agree to your conditions.

I had a nice talk with our copyright lawyer about the gateway setup. She explained that such an agreement is actually legally binding.
Here is the copy from our gateway.

By entering this website, you are acknowledging that you're over 18, and that podcasting is not illegal in your state/country/village. The opinions and rhetoric herein are the sole creation and recreation of the owners of this site. By entering this site or downloading podcasts located herein you agree with all my terms and conditions and verify you are of age. You also agree that you will not conduct illegal or ecologically irresponsible acts with regards to any content on this site or accessible through this site. You also completely agree not to take yourself, or this podcast too seriously. If you do not agree, click here to be redirected.

All others, Prepare to Kickass!

Enter

Basically you legally agree to everything in order to enter. The good news is; the Porn Community has long used these kinds of gateways to cover their *** and they have repeatedly been held up in court. Not just the "over 18 or 21" part. But even the part where people agree not to do illegal **** with your content.

As always- seek your own paid legal advice when you want to make doubly **** sure. However I hope this helps you.

One thing to remember- Fan's are fans. If they love the music enough to want to distribute it- that sort of sincere appreciation of the art should be handled with sensitivity and consideration. Otherwise you end up being known as the *****LE band called Metalica who are copyright Nazi's (and rather suck lately anyways). Hope even some of this helps.

Btw- If you are a non-commercial outfit- you have alot more at your fingertips.
We have a policy that has been reviewed by our lawyers that holds firm.
IT clearly states that nobody should assume that anything they hear on our show is "podsafe". Here is the link:
http://kickasspodcast.com/policy.html

Hope it helps!

Jack B.

[rjstelling]

We didn't have a gateway or terms of use, we will now!

Thanks for the great advice, I've emailed the guy concerned and the band I've also reported the illegal file to the site he up loaded it to.

We see what happends?!?

Rich

[podcastshuffle]

You might also want to post a copyright notice in your feed and on your web site. I've also heard notices at the end of podcasts. A lot of people use creative commons licenses which generally allows others to distribute the content for free as long as their non-commerical.

http://creativecommons.org/

Sounds like you want to control your show more so that's probably not for you.

Jeff

[Barefoot Radio.com]

Hi,

Kickasspodcast, the gateway is a great idea and I think I'll implement such a thing on the next incarnation of my site.

One thing I want to say is that if someone clips a song out of your podcast and re-encodes it as an mp3, they're gonna lose tons of audio quality. For those worried about someone clipping a song, this is a good thing because the copy will sound bad. It's so easy for anyone to take a clip that it's an understandable concern. But we have to keep things in perspective. Personally, I wouldn't give a **** for a copy of Led Zepplin if it were encoded more than once as an mp3.

I know in my case that as the host of my show I always want to encourage people to buy the music. That's the way I live. Even if I've ever downloaded something illegally, the real test of whether I give a **** about it is to buy the music of the band. It's a matter of respect to me. If I don't like a band's music, it's gonna get deleted anyway.

It's the band's problem, but maybe since it IS podsafe, the band may have a hands off approach. I for one like bands who charge ahead and don't worry about this. If some guy is copying their cd and selling it, I'd say that's TOTALLY wrong.

I have a rather radical view about intellectual property. Ideally, it's my wish that we could use anything we want because in my mind we promote those bands we play. Whether big labels like it or not, it's a form of promotion and a favor. Not being able to play stuff is just a large corporate way of controlling every little thing. However, my advice to those out there playing stuff they haven't gained the right to play shouldn't do it.

BESIDES, there's PLENTY of podsafe content that totally rocks. Whether it's already broken and become "big," I still get huge pride playing independent music that is incredible.

Get PERMISSION. When someone sends you a cd, keep the packaging.

Hope this helps. I for one think this is an interesting topic.

[cdoelle]

On the PMC Top10, I try to encourage listeners to go out and buy the albums, but I also step on the intro and outtro music a bit not only because it sounds cool, but it make people less likely to rip it off when the into riff has got me introducing the song.

I think the advice you were given here was solid - warn folks, let the artists know, and basically just keep doing a good job podcasting.

[ovation]

Copyright ownership is very complex and simple at the same time.

Basically, if you are the creator of your podcast, you own the copyrght to the podcast. You can allow others to use it or not.

If others use your podcast or a part of your podcast without permission you have every right to send them a "Cease and Desist" order demanding they stop. Good luck on that one.

If by chance you have actually registered your podcast with the copyright office, and you send a Cease and Desist, and they keep stealing from you... just let them know that it's a $250,000 per violation fine and call your attorney.

BTW - remember that although you own the rights to your podcast, you do not own the rights to material created by others that you include in our podcast. Make sure you understand the term's of use when you include somebody elses material or when somebody hacks you, you may be in more trouble than you think.

Wheew.... talk about some big fun!

Scott

www.motivationtomove.com

[rjstelling]

UPDATE

I know this thread has taken on a more general aspect, but I just received an email from the guy distributing the stuff he stole, saying sorry and he's taken it down. I've posted below the email I sent so other can copy/borrow/add/remove if they ever need to send out a "Cease and Desist".

Maybe someone better qualified can add better illegal stuff, also by based on UK law.

----
Subject: Podcast copyright infringement

[deleted],

I'm sorry I have to contact you in this manor, but you actions regarding our Podcast [deleted] has left me no choice.

It is unacceptable to modify and redistribute copyrighted 30 Million People material without our permission. Please REMOVE the file from [deleted] and any-other sites.

We work very hard producing the show and are trying to build our subscriptions and your actions are having a negative effect.

As it stands (in law) we own the recordings and [deleted] own the right to the music, you didn't ask anyone permission, this is at best rude and at worst illegal.

We want to produce the best showcase for unsigned and indie bands but we'll have to think twice about using any of our extensive [deleted] recordings if this continues.

I'm sure you mean no harm, and will comply with our requests. We'll talk with [deleted] about releasing all the tracks as stand alone MP3's in the future, but until then please respect the law and the rights of the artist.

Kind regards,

Richard Stelling
----

People are generally good and don't want to brake the law, but maybe i was just lucky this time.

Rich

[ovation]

I agree. People are generally good... they just don't know.

Good job in protecting your rights and other in the future.

Scott

www.motivationtomove.com