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Auburn Annie · 10-01-2003, 10:55 AM

"The definition of a “broadcast transmission” brings us to the battle between broadcasters and the music industry that recently came to a head with the Copyright Office’s ruling that a “broadcast transmission” includes only over-the-air transmissions made by an FCC-licensed broadcaster—not online transmissions by such broadcaster. The Copyright Office justified this ruling by stating that once a broadcaster streams its programming online, it no longer meets the definition of a “broadcast transmission” as applied in the DMCA because in doing so, it is not a “terrestrial broadcast.” "

They're talking specifically about songs, not necessarily what would come under the heading of 'talk' radio. There are shades of grey here - not simply whether or not the content is covered by US Copyright Law or - this IS Canada - other international copyright laws (which differ), the commercial distribution of a public transmission - in the sense that the CBC is publicly funded so the corporation here, in a very broad sense, is the Canadian people. Then there's the issue of temporary cacheing. Back when I was dealing with this as a librarian, PBS used to grant permission to record and keep a program on a temporary basis (30 days as I recall) for educational purposes, providing the tapes were erased or taped over when the limit ran out. Some health video producers allowed in-house broadcasting gratis for patient education, others required a minimal license fee, others said buy a full-price copy and do what you want with it. And what about TIVO? See http://www.europemedia.net/shownews.asp?ArticleID=16306 for an article on how radio may get its own version of TIVO and the copyright questions that raises.

All said, the CBC in its entirety costs each Canadian citizen 9 cents a day (2001 annual report). I'd be delighted to forward my $.066 [US] for a few minutes' worth of Gord.

10-01-2003, 10:55 AM	#13
Auburn Annie Senior Member Join Date: Oct 2002 Location: Upstate New York Posts: 3,101	"The definition of a “broadcast transmission” brings us to the battle between broadcasters and the music industry that recently came to a head with the Copyright Office’s ruling that a “broadcast transmission” includes only over-the-air transmissions made by an FCC-licensed broadcaster—not online transmissions by such broadcaster. The Copyright Office justified this ruling by stating that once a broadcaster streams its programming online, it no longer meets the definition of a “broadcast transmission” as applied in the DMCA because in doing so, it is not a “terrestrial broadcast.” " They're talking specifically about songs, not necessarily what would come under the heading of 'talk' radio. There are shades of grey here - not simply whether or not the content is covered by US Copyright Law or - this IS Canada - other international copyright laws (which differ), the commercial distribution of a public transmission - in the sense that the CBC is publicly funded so the corporation here, in a very broad sense, is the Canadian people. Then there's the issue of temporary cacheing. Back when I was dealing with this as a librarian, PBS used to grant permission to record and keep a program on a temporary basis (30 days as I recall) for educational purposes, providing the tapes were erased or taped over when the limit ran out. Some health video producers allowed in-house broadcasting gratis for patient education, others required a minimal license fee, others said buy a full-price copy and do what you want with it. And what about TIVO? See http://www.europemedia.net/shownews.asp?ArticleID=16306 for an article on how radio may get its own version of TIVO and the copyright questions that raises. All said, the CBC in its entirety costs each Canadian citizen 9 cents a day (2001 annual report). I'd be delighted to forward my $.066 [US] for a few minutes' worth of Gord.