2 replies to this topic

[JungleBumCT]

Sorry, I don't mean to barge back onto the forum after a few years of inactivity and ask a bunch of questions, but I wonder if somebody would shed some light on the legality of DTunes Live, Mouse World Radio, and other outlets that stream copyrighted Disney music (parks, shows, soundtracks, etc.) up to 128kbps via Live365.com and other websites. How can they get away with this?

I've also wondered about podcasts like Inside the Magic and others that weave copyrighted Disney content into their productions (as bumper music, background, sometimes even playing full length tracks). IttM is obviously propping Disney and is obviously a fan-oriented podcast, but Ricky Brigante is also selling ads and profiting from the podcast. I've heard a lot of crappy Disney podcasts, and the music/ambiance goes a long way. It's easily argued that Brigante's use of copyrighted Disney content boosts the quality of the production, and thus his revenue. Again, is this illegal. If so, how do people like Brigante get away with it?

[Jay]

JungleBumCT, on 05 December 2011 - 12:19 PM, said:

I wonder if somebody would shed some light on the legality of DTunes Live, Mouse World Radio, and other outlets that stream copyrighted Disney music (parks, shows, soundtracks, etc.) up to 128kbps via Live365.com and other websites. How can they get away with this?

It's legal to broadcast/stream music as long as you're properly licensed by SoundExchange, ASCAP, BMI, and SESAC. If you're broadcasting via Live365, and some other websites, the licensing fees are included as part of your monthly charges. There are tons of broadcasters/streamers out there who are NOT licensed, though.

JungleBumCT, on 05 December 2011 - 12:19 PM, said:

I've also wondered about podcasts like Inside the Magic and others that weave copyrighted Disney content into their productions (as bumper music, background, sometimes even playing full length tracks).

Podcasters are actually distributing music, not streaming it, and that requires separate licensing. There are also strict rules as to what can and cannot be included in a podcast (e.g., only so many songs from a particular artist or from a particular album). Outside of the relatively few that are using royalty-free "podcast safe" music, I think you'd have a hard time finding a podcast that is actually legal as far as its musical content is concerned.

JungleBumCT, on 05 December 2011 - 12:19 PM, said:

It's easily argued that Brigante's use of copyrighted Disney content boosts the quality of the production, and thus his revenue. Again, is this illegal.

If it isn't properly licensed.

[eyore]

Not a discussion I really want to get involved in but what about linking to a licensed site (I don't think this actual example is possible but, in theory) say, linking to the Amazon clips which I presume are legal and with permission?
I have noticed some sites where the "play sample" button leads to a different (and seemingly genuine) sales site.
Just wondering (or is that wandering)