On Fri, Jul 30, 2010 at 12:13 PM, Reinier Battenberg < [email protected]> wrote:
> > Hi Mike, > > its not 'live' streaming, but it is streaming alright. Archive or no > archive. > > I think if you followed the discussions around Google Books, or Google News > 'just an archive of books / news' I think you realize pretty quickly that > rights-owners can be a little stubborn about this. > > my earlier emails seem not to have reached... because of an attachment size that exceed 155kB... here is what I had written with extracts from both Acts. > >[] The licensing issue is an interesting one. However under which law > would > >this fall?? From a commercial point of view we are making the broadcast > >available to a wider audience and also giving value to past broadcasts. > >This though is going to be an interesting topic over the coming few > months. > > This is not an 'interesting topic', this is copyright infringement. For one > of > the radio stations, but definitely also from the artists that are played. > I read the whole i-network discussion this week on a similar subject very > briefly, but as far as i remember, there is a copyright act from 1964 that > already handles this. > > The Copyright act as of 20th July 1964, which is obsolete, did cater for the kind of thing that Badru is doing. The act says this: *1. Interpretation. 1) In this Act, unless the context otherwise requires-* a) “artistic work” means, irrespective of artistic quality, any of the following or works similar to them- I. paintings, drawings, etchings, lithographs, woodcuts, engravings and prints; II. photographs not comprised in a cinematograph film; III. maps, plans and diagrams; IV. works of sculpture; V. works of architecture in the form of buildings or models; and VI. works of artistic craftsmanship; *b) “author”, in the case of a cinematograph film or gramophone record, means the person by whom the arrangements for the making of the film or record were undertaken or, in the case of a broadcast transmitted from within any country, means the person by whom the arrangements for the making of the transmission from within that country were undertaken; c) “broadcast” includes a sound or television broadcast of any material not broadcast by the use, whether direct or indirect, of- I. a gramophone record, copies of which have been issued to the public; or II. a cinematograph film, copies of which have been issued or exhibited to the public, and a broadcast by diffusion over wires*; I believe B and C take into consideration a broadcast transmitted from within Uganda. There was, however, a revision of this act which led to the Copyright and Neighbourig Rights Act of 2006, Act 19, which spells this even better since it repeals and replaces the 1964 Copyright Act. It would be interesting to see how this will be handled in light of this new Act seeing that it does not consider broadcasts a copyright issue. Section 7 and subsection (d) says, *7. Public benefit works not protected. (1) The right to protection of copyrights under this Act shall not extend to the following works—* (a) an enactment including an Act, Statute, Decree, statutory instruments or other law made by the Legislature or other authorised body; (b) decree, order or other decision by a court of law for the administration of justice and any official translations from them; (c) a report made by a committee or commission of inquiry appointed by Government or any agency of Government; *(d) news of the day namely reports of fresh events or current information by the media whether published in a written form, broadcast, internet or communicated to the public by any other means.* With this in consideration, and I not being a lawyer by profession, just keen on reading the laws of our country, can conclude that what Badru is doing is not infringing on anybody's copyright rights. See attached the Copyright Act of 1964 and its amended version, the Copyright and Neighbouring Rights Act of 2006 ^^^^^^^^-> failed due to email size restrictions :-( -- Mike Of course, you might discount this possibility, but remember that one in a million chances happen 99% of the time. ------------------------------------------------------------
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