legal question

[KeLviN]

the thread on the aol music reminded me of a question i had....

FM radio is free to listen to (paid for by advertizements)
is it legal to record music from FM radio?
is it legal to distribute music that was obtained from a free FM source?
if not, what is the logic behind this?

would it be legal if you distributed the music with the ads attached?

any one up to date on the FM radio and copyright media laws?


just curious.

[ch0l0man]

nice question.

i sure did a lot of recording off the raido back in the day. i still have tapes from when power 106 was a disco\top 40 station and even one from kday.

power 106 tape mentions lucky pierre.
kday mentions mix master.

[bascule]

FM radio is free to listen to (paid for by advertizements)
is it legal to record music from FM radio?

Yes, under the Audio Home Recording Act of 1992.

I don't know the answers to the other questions offhand.

[kree]

I would like to know too, and would music videos say from MTV be under the same laws or same type of laws?

[EeeekPenguins]

is it legal to distribute music that was obtained from a free FM source?
if not, what is the logic behind this?

http://www.legal-database.com/intellectualproperty.htm

Fair Use Doctrine: The fair-use doctrine is a privilege in others than the owner of the copyright to use the copyrighted material in a reasonable manner without his consent. The reasonableness of a use is determined on a case-by-case basis applying an equitable rule of reason analysis. There are four factors in determining whether the use was a "fair use": 1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 2) the nature of the copyrighted work; 3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4) the effect of the use upon the potential market for or value of the copyrighted work

would it be legal if you distributed the music with the ads attached?

I would have to say no. Because the copyright laws that are being infringed have to do with that of the artists music. The artist has nothing (as far as I know) with the ad's that are played on the radio station.

[kallahar]

It is not legal to rebroadcast or sell anything you get off the radio. One of the things people don't realize is that artists (well labels) are paid on a per-play basis. Radio stations have to report which songs they play to a company which then distributes the royalties. It's not like buying a CD where you can play it as often as you like, they pay every time it airs.