Is it truly illegal for us to sell copies of our past radio shows?
>This email is sent to Every Manand the Exec Staff mailing list...
>
>>A chill ran down my spine when I was asked "has management ever had an
>>issue with your show?" It just dawned on me at that point...
>
>I heard on WCPN today that Press the Button would be on Monday's Around
>Noon. So I surfed over to pressthebutton.com to see if there was anymore
>info. I surfed to the site before to find out information on the Recycled
>Rainbow events - but I didn't really look through it.
>
>What I found today troubles me...
>
>Press the Button is selling its archived shows for the past five years.
>
>1) It is illegal for a person to profit from the activities of a nonprofit.
>
>2) In my opinion, Press the Button is probably violating copyright law
>and is possibly committing an unauthorized use of property (theft) for a)
>selling off-air rebroadcasts and b) re-selling other individuals'
>copyrighted material without permission or license.
>
>Violating copyright law is a Federal offense and unauthorized use of
>property can be a felony.
>
>Press the Button may say that what they are doing is fair-use of
>copyrighted material. Fair-use does not apply when a person has a
>financial motivation to violate copyright. One relevant example...WRUW
>has several shows that from time to time broadcast bootleg recordings
>(MP3s download of Kazaa or whatever P2P network or live field
>recordings). Broadcasting these recordings is probably fair-use since
>they are provided for educational purposes and are free of charge.
>
> From past conversations with Jay I know that we have differing opinions
> on sampling, copyright and "re-media." However, when I found that they
> were selling the recordings a difference of opinions tipped to a legal
> and ethical dilemma.
>
>If the consequences of selling the CDs was not completely considered, I
>suggest that Press the Button immediately stop the sale of the CDs and
>return all gross revenue from the sale of the CDs to WRUW. I would
>appreciate a response from Press the Button on my two concerns. Further, I
>am not impressed by copyright folklore/myth or technicality explanations
>such as the price of the cd equals the cost of production - one penny is
>still profit.
>
>I am not arbitrarily jumping on an issue. Nonprofit and intellectual
>property issues are serious ethical and legal areas for me.
>
>Jassen
>
>A quote off the Internet from Common Sense by Thomas Paine.
>
>"A long habit of not thinking a thing wrong, gives it a superficial
>appearance of being right."
>
>Found at http://www.dlhoffman.com/publiclibrary/AmericanHistory/
Every Man every.manATpressthebutton.com
Press The Button, Midnight - 3 am Monday Mornings EST
WRUW, 91.1 FM, Cleveland, OH [Phone 216.368.2208]
NETCAST http://www.wruw.org
HOMEPAGE http://www.pressthebutton.com
ICQ# 20100376
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