That sums it up for me. I have an opinion but we as a community are just not going to be able/willing to fund the legal fallout that could occour. I leave my vote in the hands of the site admins and their risk levels.
--cobra2 On May 23, 2019 5:55:00 PM UTC, "stankd...@stankdawg.com" <stankd...@stankdawg.com> wrote: >I would need to know what the material was and the context to determine >if it falls under “fair use”. IANAL so even with that info it would be >my best guess just from experience. > >Easy solution is the show creator voluntarily clean it up if possible. >Since I don’t know the context that may not be realistic without >ruining the intent of the show. I am hoping there is a solution that >makes that decision easy. > >If not then, as much as its sucks, we have to not get ourselves (mostly >Ken and I and mostly me more than Ken) in trouble legally or >financially. I saw some fair about about low chance to get caught and >the thoughts that the punishment would be slap on the wrist and just >take it down. But if they get aggressive and push to court then I just >cannot afford it EVEN IF WE ARE RIGHT ABOUT FAIR USE AND WIN the court >costs alone would break me > >Sorry. Not worth the risk. I appreciate the contribution and do not >want to discourage the submissions. But it is too dangerous. > >And for the record... no one else can voluntarily accept >responsibility. It falls back to me as site owner no matter what. > >Sent from my iPhone. > >> On May 23, 2019, at 4:50 AM, Ken Fallon <k...@fallon.ie> wrote: >> >> Hi All, >> >> Under safe harbor provisions, we as volunteers are usually insulated >> from any copyright issues that may arise in the shows. "We do not >vet, >> edit, moderate or in any way censor any of the shows on the network, >we >> trust you to do that." >> >> This we got by accident because "This is a long standing tradition >> arising from the fact that HPR is a community of peers who believe >that >> any host has as much right to submit shows as any other." >> http://hackerpublicradio.org/stuff_you_need_to_know.php#not_moderated >> >> In the show notes associated with hpr2829 on 2019-06-06, the host >> included the following text "For all included materials: If anyone >feels >> they have right to any material in this show please let me know and I >> will comply." >> >> This violates the HPR upload policy >> http://hackerpublicradio.org/stuff_you_need_to_know.php#permission >> >> "Never include content, for example music, in your show that you do >not >> have permission to redistribute. Try to avoid using any content in >your >> show that can not be redistributed under a Creative Commons >> Attribution-ShareAlike 3.0 Unported license. If you are >redistributing >> under another Creative Commons License or by arranged permission >please >> make note of the restrictions when you upload your show. We can then >> signal that, so that others who redistribute HPR content can filter >your >> show out." >> >> As it was clear that they were not in compliance, I contacted the >host. >> The host has been very helpful and has already removed some of the >> content but commented "There are still 2 audio clips included. I >claim I >> can use them on the basis off fair use principles." >> >> While the host may be correct, if they are not, then it is me and not >> the host that will be held responsible for posting it. I do not want >> that responsibility. >> >> Under the current HPR rules I am allowed to reject this submission. >> >> Before I do, I would appreciate as much feedback as possible on this >> topic so that we can gauge the opinions of the HPR Community as a >whole. >> >> -- >> Regards, >> >> Ken Fallon >> http://kenfallon.com >> http://hackerpublicradio.org/correspondents.php?hostid=30 >> >> _______________________________________________ >> Hpr mailing list >> Hpr@hackerpublicradio.org >> >http://hackerpublicradio.org/mailman/listinfo/hpr_hackerpublicradio.org > > >_______________________________________________ >Hpr mailing list >Hpr@hackerpublicradio.org >http://hackerpublicradio.org/mailman/listinfo/hpr_hackerpublicradio.org _______________________________________________ Hpr mailing list Hpr@hackerpublicradio.org http://hackerpublicradio.org/mailman/listinfo/hpr_hackerpublicradio.org
