Recorded Radio Shows

[Karnac]

What is the name of your state? Georgia

hello everyone,

the BBC offers a 2 hour show every week called the Essential Mix, it is simply songs mixed together by a different DJ each week. started in 1993. the BBC does state in their terms of use that no content can be recorded, downloaded or distributed from their broadcasts.

the underground public has recorded all of these songs and they actively trade and sell them on cassette tapes, and on ebay.

i have a website offering all ~500 of these mixes available for download in mp3 format. started in january, for 6 months we offered these mixes for free, only requiring users to register with a valid email address to download, bandwidth charges paid for out of our own pocket.

the site has grown to 10000+ members, now we have been forced to start charging subscription fees to make ends meet, only allowing subscribers access to the archive of mixes, but still offering the most recent 3 mixes for free.

to this date, no one has said a word to us about shutting down the site. also, the mixes are only titled with the DJ's name who mixed it, no actual song titles included in the mix can be deduced just by looking at the individual mix files.

what sort of trouble are we looking at here?

 

[HomeGuru]

What is the name of your state? Georgia

hello everyone,

the BBC offers a 2 hour show every week called the Essential Mix, it is simply songs mixed together by a different DJ each week. started in 1993. the BBC does state in their terms of use that no content can be recorded, downloaded or distributed from their broadcasts.

the underground public has recorded all of these songs and they actively trade and sell them on cassette tapes, and on ebay.

i have a website offering all ~500 of these mixes available for download in mp3 format. started in january, for 6 months we offered these mixes for free, only requiring users to register with a valid email address to download, bandwidth charges paid for out of our own pocket.

the site has grown to 10000+ members, now we have been forced to start charging subscription fees to make ends meet, only allowing subscribers access to the archive of mixes, but still offering the most recent 3 mixes for free.

to this date, no one has said a word to us about shutting down the site. also, the mixes are only titled with the DJ's name who mixed it, no actual song titles included in the mix can be deduced just by looking at the individual mix files.

what sort of trouble are we looking at here?

**A: and when you asked the BBC this same question, what was their written response?

 

[JETX]

"what sort of trouble are we looking at here?"
*** The first one that comes to mind would be violation of the holders copyright protection.
Can you say, lawsuit??
Can you say, civil penalties??
Can you say, lots of legal fees??

 

[HomeGuru]

Can you say, lost my pants?
Can you say, lost my underwear too?

 

[Karnac]

Re: Re: Recorded Radio Shows

**A: and when you asked the BBC this same question, what was their written response?

they havent responded

 

[hexeliebe]

That's because they are waiting to receive word from their attorneys here in the states as to the progress they have in filing a lawsuit against you and owning everything you have, may have in the future or anything you ever thought of owning...

This is a duh!

 

[Karnac]

"what sort of trouble are we looking at here?"
*** The first one that comes to mind would be violation of the holders copyright protection.
Can you say, lawsuit??
Can you say, civil penalties??
Can you say, lots of legal fees??

would i get a cease and desist letter first? would they send that through email or would they track down my address for that?

 

[hexeliebe]

I thought Karnac was the Magnificant and could tell the future.

Think about this a minute. You didn't just break the law, you shattered it and took money for doing it. If you're lucky all it will be is a 'cease and desist'.

I wouldn't be so kind. I'd file immediately in court to shut down your site, then I'd go after everything you own. And I'd win in a landslide.

 

[Karnac]

I thought Karnac was the Magnificant and could tell the future.

Think about this a minute. You didn't just break the law, you shattered it and took money for doing it. If you're lucky all it will be is a 'cease and desist'.

I wouldn't be so kind. I'd file immediately in court to shut down your site, then I'd go after everything you own. And I'd win in a landslide.

so some guys in black suits are going to show up at my door i take it. how certain are you that they would go after me.

 

[Karnac]

what about the people selling them on ebay? why dont they go after them?

i know my form is a little more blatant and concrete. but users are getting a much better deal along with the entire catalogue, not just a couple here and there, and yes i know that has nothing to do with making it less illegal.

are there any loopholes going from britain to the states that would possibly allow this?

and i take it they aren't legally required to issue a cease and desist letter first?

 

[JETX]

1) Yes, you will normally get a 'cease and desist' letter first. But that is only a way for them to try to cease your violations with a minimum of cost to them. This is the BBC we are talking about here, so money may be less of a concern than making an example.

2) As for the 'others' doing it also and hoping that will excuse your action. It doesn't.

3) The issue of internet copyright is not limited to national borders. I suggest you get familiar with WIPO (World Intellectual Property Organization) at:
http://www.wipo.int/
"WIPO is one of the 16 specialized agencies of the United Nations system of organizations. It administers 23 international treaties dealing with different aspects of intellectual property protection. The Organization counts 179 nations as member states."

 

[hexeliebe]

what about the people selling them on ebay? why dont they go after them?

How old are you, 9? It doesn't matter if they go after you alone or everyone. That doesn't change the fact that you are guilty of copyright infringement. PERIOD!

users are getting a much better deal along with the entire catalogue, not just a couple here and there

Hell of a defense. Until the plaintiff's attorney asks "And how much in royalties have you sent my client Mr. Karnac?"

are there any loopholes going from britain to the states that would possibly allow this?

You have got to be kidding! Right? The only difference in your case and the ones being tried now in the U.S. courts is that your legal fees are going to be triple because you're violating international copyright laws.

and i take it they aren't legally required to issue a cease and desist letter first?

No.

 

[Karnac]

thanks for the advice guys. but, hexesh|t, you are a real sob.

 

[HomeGuru]

I guess you really are 9 years of age then.

 

[Karnac]

maybe, but atleast im not a pompous tool.