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LICENSES

kiddk8	Date: August 14, 2007 @ 3:34 PM I run a podcast and more-and-more great music has been coming from this site over time. I have a question about people who have downloads available but no license information included. Are these songs automatically Creative Commons licensed by default if not specified? Right now I send out requests for permission in such cases, but this has become quite time intensive. Plus only about 1/4 that I ever send requests to ever reply in any fashion at all (saying "no" by leaving me wondering if you ever received the request at all is not very nice). So, I'm hoping either the default is Creative Commons or that more people will designate if they are in fact CC licensed. Thanks
ChillinBuzz	Date: August 14, 2007 @ 3:36 PM I think the default is not CC, that's why it's an option to add it but I would urge all artists here to consider using it at least, if only to help in situations like this one.
Distilled1	Date: August 15, 2007 @ 10:31 AM kiddk8 I had that same issue and I was sending over 100 mails a week asking for permission I finally decided if its free Download then I can't see why they would have an issue with it being in a pod cast that may bring them more fans. I started just sending them shouts and notes "your on GothNights #23456 pod cast at www.gothnights.com you can listen here http://podcastPickle.com/GNights with a free player or here blah blah. Something I always did is announce each band I played and a web address to get more of their music I also did a page on that www.gothnights.com a playlist page and featured artist check it out I never got slack just Thanks albiet very late sometimes
BlackMage	Date: August 15, 2007 @ 11:05 AM I never really understood how Creative Commons worked so I never bothered. It's not like someone would be interested in my midi-generated humbug.
kiddk8	Date: August 15, 2007 @ 1:31 PM Yeah Distilled it sounds as if I follow the same procedure as far as pluging the artist name for each song in somewhat of a radio fashion and posting links to the artist on my website. I've just always had a fear that at some point in time someone might have an objection for some reason. For people who make the decision to offer free downloads - I think it's great movement in music and artistic expression. My self-serving interest in the podcast aside - if you have no actual copyright (as in - registered with the government) and you have no intention of getting one, you should seriously consider Creative Commons license. Then if you walk into some truck stop on a trip and find your song on some obscure compilation - at least you have some leg to stand on to do something about it if you decide to. Also, I have found particularly in instrumentals such as rap beats - people are alot more apt to give proper attribution when they have the permission CC provides rather than feeling like they are doing rebel sampling or just plain ole stealing. Thanks for the feedback dmusic pplz.
Distilled1	Date: August 15, 2007 @ 1:48 PM I think :the key word think: that I CCd all of Empiredays music, but its all registerd c as well. I did it as to allow people to use it, I have fly out there somewhere sampled in a hip hop song and I want to find it!
TameasDust	Date: August 15, 2007 @ 9:26 PM Everyone has to have a helicopter license ...
ChillinBuzz	Date: August 15, 2007 @ 10:27 PM I didn't think much of having to do the CC thing either until several of my songs were requested for online radio shows. The CC licence is a good thing in that respect. I have no problems with people playing my music, it's not like I'm gonna start demanding payment because someone aired a tune of mine... It's all good publicity
zedsalt	Date: August 20, 2007 @ 10:44 PM If you have SO little regard for the song and the person/people who created it that it's entirely too much bother to get permission, then why in the world would you want to podcast it?!? I'd even be willing to ignore the law for a moment, if we could just consider common decency, please. I've never turned down a request to use my material, but then, I've never been approached by a hate group, a pedophile organization, or anybody else I have a strong disagreement with. By not having my music licensed, I've retained the right to say "No" to folks like that. Now, I wouldn't begrudge any artist profiting from his/her/their work, nor the agencies making money by handling the licensing, for that matter. I'd just like to be afforded the same measure of respect. For one thing, I kind of like to know where and when someone's using my music, and you have to admit, Dis', that if you're not getting any sort of response from these artists, you have no way of knowing whether or not they're aware that you're broadcasting their work. "...I finally decided if its free Download then I can't see why they would have an issue with it being in a pod cast that may bring them more fans." Y'know, in recent Congressional hearings, lackeys for the RIAA and Clearchannel used...almost word-for-word...that description of the attitude of "most" podcasters, internet radio broadcasters, etc. The Old Guard was trying to get a minimum royalty rate set so high that it would put almost all indie internet broadcasts out of business. I KNOW you wouldn't relish the thought of providing ammo for these people, so...well...please don't.
zedsalt	Date: August 20, 2007 @ 10:45 PM Oh, and one reason I don't do the "stream only" thing: I realize that your average American eight year old knows where to get software that can convert any stream, animation, etc. into a save-able file.
Distilled1	Date: August 21, 2007 @ 12:06 AM but zed heres something to ponder, I have played songs that I didn't get a response to for a year, and then low and behold a thanks for playing it, the band has been broke up for 3 years in reality if music is not registered with a preforming rights or publishing house and is freely available to any one on the net and has no registration with the copywrite office (for the US) it is basically up for free reign. now before you say anything read further, I always have asked permission or asked for submissions you know that and there are a wealth of pod safe music sites. CC licensing gives that choice it also allows you to say you may only use it for YOU. Empire day every song has been registerd with the us copyrite office, "every" as there are no poor mans versions, and all be it posting it on the web is publishing if someone really wanted to they could steal it note for note and get away with it if its not registered officially somewhere, with out a long drawn out battle ..van hallen right now? I think if I can remember was stolen! What I do and what kiddk8 is doing is supporting independent artists work and adding another chance for their art to be heard. We do not profit in any way from it, its for the love of the music. and your right I wouldn't want some nazi group using my music. I get that, I also know that the riaa lackeys used that line but they are still saying that as podcasters were using riaa crap music to back their podcast most not music orientated also like my live streams I play anything avalaible on DMusic that I enjoy..thats about the whole site! if an artist dosn't want their music played on a shoutcast with the chance of a new fan hearing it then why is it on a music site? thats the bottom line, we sell our CDs we allow streams and DLs as well, we sell a few MP3s, but I love it when I get added to a playlist or a streaming radio station live or pre recorded, or a podcast as well. with the hope that the "DJ" will post/say or otherwise mention at least one of the many web sites we can be found at. using non RIAA music isn't providing any ammo to them, using RIAA material is. damn maybe its to late for me cause I just completely lost my train of thought in any case I think that 99% of "indie" "unsigned" artist posting music that is free to DL love to have it played on a web radio , podcast to get a bit grey line because they are just one long MP3, but with a DJ call saying "the last song was The Old Baal Game by Mezmariah, you can hear more of his tunes at http://zed.dmusic.com/music/ or www.zed.com, make sure to buy the new CD if you like the tunes " and talk over the intro/outro like I do you really are giving Free promotion... many don't frown on it . If I play pink floyd and say there the best, well thats a diffrent story.. just MHO and it is getting to become a sticky mess with the webcaster stuff going on. edited to add and there are some bands that make sites and give up music altogether, MANY actuly so if you really like one piece should it not be heard by others jusst because the artist decided they no longer wanted to do music and left all their music on the web? it really is a fine line and a worrysome mess to say the least...
zedsalt	Date: August 21, 2007 @ 10:37 AM I think the status quo for independent musicians in America is pretty sweet right now, and I hate to see anything that threatens it. As of 1993, as soon as we put a work in "durable form", it's copyrighted. We have 35 years to find out about unauthorized use (for works generated after the legislation passed in '93), and in many states (not sure of the proportion), if someone "makes [our] work available to a group larger than a reasonably-sized group of family and friends" the violator can be "held responsible for any and all costs incurred by the copyright holder in taking legal action", if the time between putting it in durable form and the unauthorized publication is thirty days or less. It's not entirely one-sided, either, as the violator has thirty days after receiving a cease-and-desist letter to comply. I'm not sure if, in the certain states I mentioned, the violator could be held financially responsible for the cost if the Artist hires a lawyer to draft the letter, just as I'm not sure of the exact wording of my quotes. "...group larger than a reasonably-sized group..." sounds a little awkward, with the word "group" repeated so soon. If it were me copywriting about copyrighting, I'd probably phrase it differently...
ChillinBuzz	Date: August 21, 2007 @ 10:44 AM There's always a threat to independent artists, in the US and the rest of the world. It's the people who are trying to bury us, those you mentioned, the RIAA and other organised criminal gangs like ClearChannel. Remember though, the big labels and their minions can afford big lawyers with big fees, it's a drop in the ocean to them. For us "little people" however....
Distilled1	Date: August 21, 2007 @ 1:09 PM wow I didn't know that zed, thats kinda cool, the 1993 legislation. now "durable" is CD tape LP, does the MP3 fall into this category? and of course if I was asked even not to play or cease-and-desist I would stop and remove the music from my play list and remove all podcast I have available for DL that it was included in and remove the song and re upload the cast. and hehe my shoutcast would be considered a reasonable group ...hmmm maybe 10 friends from DMusic at most
zedsalt	Date: August 22, 2007 @ 10:31 AM From what I'm told, I'd say, yes, computer files are considered "durable form", and what constitutes infringement is determined by each judge in each case. The overwhelming precedent is that if it's available on the internet...even on a subscriber basis...that's considered wide release, because it's a matter of who it's available to. So by the same token, there's no law against making MP3s of even major label stuff, even entire albums you legally attained, and emailing them to just a few friends.
gtr1960	Date: August 23, 2007 @ 7:08 AM just because it's loaded up on a website and available for download does not necessarily constitute publish. nor does it become CC. The copyright laws have a defined specification of what published is. if you want to really know more go here http://www.copyright.gov/
gtr1960	Date: August 23, 2007 @ 7:22 AM plus for those of you doing podcast and webradio you should check out all the new laws past this year available at the same site..you may have to hunt around some into other sections of the laws for definitions.
gtr1960	Date: August 23, 2007 @ 7:35 AM even more, I have been given free cd's promotional items from radio stations and a couple of music stores a couple are from major artist.. just because these were available too the public for free in these instances does not give me or others the rights to the music to do with as we wish. At this site, artist agree to let their music be streamed or downloaded from this site but that in know way gives the person who is downloading or streaming any rights to the songs other than for personal use. Now for me ..I want my music out there to be heard. So by all means if you want to broadcast go ahead. I won't take you to court. lol
Distilled1	Date: August 23, 2007 @ 9:28 AM gtr1960, that is what I am saying 99% of us here at dmusic want there music broadcast...Im not talking about promotional CDs I have old lps that were from radio stations and promo only copys of tons of stuff like that, payola shit as well... what we are saying is if you don't or do want your music avalible to broadcasters use the CC licenses it helps us that are looking for music that people want support. if not see any artist that says oh man you put my song on your best of DMusic live streem, i'm gonna sue you because .___... well are out of there mind that would be like me suing WLUP Chicago for playing our tune when they did or Q101, or WXRT or WONC why would I do that? why would I not want it played and in fact those stations make advertising $ we (well I) that just podcast and shoutcast do it for the love of it and to support music that is not what the majors are cramming down our throat.. if face we are trying to get the message out their that there is more than RIAA and major label crap. at this site the TOS states "By posting or submitting content to this site, you grant DMusic and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by DMusic will not infringe or violate the rights of any third party." Kidd8 I forgot to mention 3 sites you can find gaurenteed indie tunes to play http://pdsafe.com (well search podsafe there are about 5-6 sites full. magnatune.com and soundclick.com in the charts you can see what songs are CC licecensed including bigger indie label stuff that has a little following backing them if you have that in their and lesser known artist it helps bring in new listeners for the lesser known.
Distilled1	Date: August 23, 2007 @ 9:34 AM *"have distributed, and promote the content in any form,"* and I'm no lawyer.. but I think that pretty much gives that a if I am podcasting and saying DMusic in it just as my shoutcast live say DMusic best of Dmusic or goth nights at Dmusic ... that kinda covers it I think, Although I am not an affiliate really or a licenseesI am a member and a subscriber and a pretty big promoter and supporter of Dmusic and all of the members and owners here... As long as those that be at DMusic.com llc have no issue with me doing it. am I right? or wrong? I sure don't want to get in trouble with this...
gtr1960	Date: August 23, 2007 @ 10:05 AM I think that would be between you and dmusic but if you wanna play my songs go ahead.
Distilled1	Date: August 23, 2007 @ 10:12 AM thanks and I will, at some point I am sure... and you know I think I will ask the about this as I read stuff way different than it is written
zedsalt	Date: August 23, 2007 @ 10:15 AM Yeah, DMusic retains the right to use material posted here in promoting itself, and like you, I have a hard time imagining the administration taking real issue with your podcast. I do think it's a really good idea to check, though, just to make sure your hiney's covered...
Distilled1	Date: August 23, 2007 @ 10:19 AM Well we were working on DMusic Radio, beyond the playlst that we have now, and then we lost some admins or some partners or something, so it has been put on the back burner so I and Barbie keep it going the best we can and its not just the gothnights show, I do best of Eclectic Dmusic streams as well and is it the best? IMHO

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