WCBN is a non-profit also. When I first got involved there, Ed Special
was selling/trading his shows to friends. I wasn't quite sure where the
line was drawn. And actually, I still don't. Various staff members at
the station know that I sell my shows now. No one has said anything,
and some have even bought/traded a couple. The general perception seems
to be that it's your material to do with what you want after the show.
It WOULD be wrong to promote the disks on the show or at the station in
any way. Then you are breaking the Conflict of Interest clause.
Now, factoring in the current intellectual property witch-hunt, I could
theoretically get in trouble for copyright violation, however, that
hasn't come up. My defense would be that the show is obviously a
collage, therefore a self-standing work of art.
Pan
On Saturday, December 14, 2002, at 12:06 AM, Every Man wrote:
> 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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