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New download source for TTRH - legal or not?
http://www.expectingrain.com/discussions/viewtopic.php?f=11&t=56652
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Author:  gjm [ Wed February 23rd, 2011, 07:15 GMT ]
Post subject:  New download source for TTRH - legal or not?

I'm thinking about offering TTRH to the world - since Croz closed down there seems to be no way for people who want to listen to the shows.
What I'm not sure about are the legal matters. If one offers the episodes for free, no fees, no nothing (except commercials on the page) - does one get in trouble? Anyone any ideas?

Author:  Fred@Dreamtime [ Wed February 23rd, 2011, 13:03 GMT ]
Post subject:  Re: New download source for TTRH - legal or not?

gjm wrote:
I'm thinking about offering TTRH to the world - since Croz closed down there seems to be no way for people who want to listen to the shows.
What I'm not sure about are the legal matters. If one offers the episodes for free, no fees, no nothing (except commercials on the page) - does one get in trouble? Anyone any ideas?


Standard disclaimer here that I'm not a lawyer and this isn't legal advice. Is offering the shows illegal whether for profit or not? Almost certainly "yes" in the U.S. Whether you're making any money from offering the shows is irrelevant. If the right holders can prove you're damaging their ability to make money from the shows, whether now or in the future, they can shut you down.

Whether they would or not is an open question that I can't answer. Croz ran his TTRH site for 4 or 5 years without any complaints from anyone. As he used to note, there was a point in time when if you Googled "Theme Time Radio Hour," his site was #1 on the list, indicating that the powers-that-be must have known about it and had decided to not do anything. But that's speculation. There is at least one other site offering full TTRH downloads and, as far as I know, has not received any complaints either. Dylanradio was - and may still be - playing TTRH shows on a daily basis and the last I time I talked to Pete there (sometime last year) had not received any complaints either.

Author:  gjm [ Wed February 23rd, 2011, 15:38 GMT ]
Post subject:  Re: New download source for TTRH - legal or not?

Thanks - that helps a little bit already. The site I'm thinking about would be hostet here in Germany (on a .de domain). I'll do a simple thing: Write to siriusxm and ask their permission. As far as I could find out they don't have TTRH on their program anymore but still own the rights.
If anything comes out of it I'll let this forum know.

Author:  Johanna Parker [ Wed February 23rd, 2011, 15:49 GMT ]
Post subject:  Re: New download source for TTRH - legal or not?

You seriously expect that to work out?

Author:  Fred@Dreamtime [ Wed February 23rd, 2011, 16:00 GMT ]
Post subject:  Re: New download source for TTRH - legal or not?

gjm wrote:
I'll do a simple thing: Write to siriusxm and ask their permission. As far as I could find out they don't have TTRH on their program anymore but still own the rights.


I wouldn't bother and would advise not to as you'll only open a can of worms. If you're concerned about legality, simply don't do it. Also...

1) SiriusXM is still broadcasting reruns of TTRH several days a week... http://www.siriusxm.com/deeptracks

2) SiriusXM does not own the rights to TTRH. They currently have the broadcast rights to TTRH. Grey Water Park and Big Red Tree Productions hold the rights to the show as show. Various copyright holders own the rights to the music broadcast on the show.

Author:  TheWalrus [ Wed February 23rd, 2011, 18:24 GMT ]
Post subject:  Re: New download source for TTRH - legal or not?

Fred@Dreamtime wrote:
Dylanradio was - and may still be - playing TTRH shows on a daily basis and the last I time I talked to Pete there (sometime last year) had not received any complaints either.

Just to confirm Fred's statement: Nope, nary a single complaint. That's thanks, in part, to the fact that I don't offer anything for download and encourage my audience to subscribe to SiriusXM. In my experience, copyright enforcement is frequently 50% law and 50% respect. If you are demonstrating respect for the artist/label/etc by promoting the sale of their works through official sources, that can make all the difference between receiving a "cease & desist" or a "thank you."

Author:  gjm [ Wed February 23rd, 2011, 22:02 GMT ]
Post subject:  Re: New download source for TTRH - legal or not?

Okay, I thought siriusxm has the rights... - I'll give it some more thoughts...

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