Hello.
As previously noted, my radio show from last week(May 23rd,) was put into limbo by Soundcloud after their computers decided that I used a track they identified as ""Medley (NBC On Air Studio Recording)" by Fats Waller & His Rhythm, owned by RCA Bluebird". I did open the show with an excerpt form a Fats Waller radio show that had appeared on NBC in 1938 - it had an announcer introducing a Saturday night of 'rhythmic hot-cha' and Fats Waller singing "Hold My Hand" for a total of just under 3 minutes including my opening sound effects. I filed a protest. I have yet to hear word one from Soundcloud. I thought the show went fairy well even though I didn't have enough time to prepare it properly, and I would like those interested to be able to hear it. I have clipped that sequence from the opening. If the show as aired is freed from Soundcloud's seizure vaults (which must rival Jack Benny's), I will post it. This episode of the show celebrated the birthdays of Fats Waller, Rosemary Clooney, and Artie Show. I hope listeners enjoy it. Tonight's show will note today's birthday of Benny Goodman. I hope I'll be able to post that one.
Saturday, May 30, 2015
Sunday, May 24, 2015
Another Copyright claim...
Dear Friends,
I usually post my radio shows (broadcast on Saturday nights) on Sunday mornings, posting here as well as both my radio show's Facebook page, and on my personal Facebook page. I'm afraid I can't post last night's show at this time - a copyright claim has been made, and access to my file has been blocked by Soundcloud, the service I pay to make my shows available for web streaming.
The claim is for a track I did not use. I did use a short (about 2 minutes?) excerpt from a 1938 broadcast with the same artist, which to the best of my knowledge is in the public domain. (Broadcasts from that era were not usually copyrighted, the few that were have copyrights that have expired.)
The radio station pays all of it's royalty fees for using recorded music to ASCAP, BMI, and SESAC.
I have decided to file a protest, which required my agreeing to indemnify Soundcloud against legal fees. I realize that they are only trying to protect themselves, but that's required in order to dispute the claim. Soundcloud can terminate my account, and I can now be sued by the company making the claim, and Soundcloud if the claimant decides to bring suit against them.
Needless to say, I am not passing anyone else's work off as my own.
I have no idea how this will turn out, nor any idea how long this process may take. In the last 7 days, of all of the various shows I have made available online, my files have been played a total of 8 times.
Just think, I could become a convicted felon for excerpting 2 minutes or so of a 1938 radio broadcast. What a wonderful world we live in.
Pax Vobisum.
I usually post my radio shows (broadcast on Saturday nights) on Sunday mornings, posting here as well as both my radio show's Facebook page, and on my personal Facebook page. I'm afraid I can't post last night's show at this time - a copyright claim has been made, and access to my file has been blocked by Soundcloud, the service I pay to make my shows available for web streaming.
The claim is for a track I did not use. I did use a short (about 2 minutes?) excerpt from a 1938 broadcast with the same artist, which to the best of my knowledge is in the public domain. (Broadcasts from that era were not usually copyrighted, the few that were have copyrights that have expired.)
The radio station pays all of it's royalty fees for using recorded music to ASCAP, BMI, and SESAC.
I have decided to file a protest, which required my agreeing to indemnify Soundcloud against legal fees. I realize that they are only trying to protect themselves, but that's required in order to dispute the claim. Soundcloud can terminate my account, and I can now be sued by the company making the claim, and Soundcloud if the claimant decides to bring suit against them.
Needless to say, I am not passing anyone else's work off as my own.
I have no idea how this will turn out, nor any idea how long this process may take. In the last 7 days, of all of the various shows I have made available online, my files have been played a total of 8 times.
Just think, I could become a convicted felon for excerpting 2 minutes or so of a 1938 radio broadcast. What a wonderful world we live in.
Pax Vobisum.
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