[asterisk-users] NIN Ghosts music (free download) safe for MOH?

[Tzafrir Cohen]

Hi,

I sense a confusion here between two things,

On Mon, Mar 10, 2008 at 11:25:22AM -0400, John Novack wrote:
> 
> 
> Horwich IT Services (Godwin Stewart) wrote:

> > I lived there from 1983 until a few months ago and I know for a fact 
> > that bars have to have special TV licenses in order to show, for 
> > example, soccer matches and other sporting events, and a radio 
> > license in order to broadcast the radio to clients, many of whom 
> > are too p*ssed to realize what they're listening to or watching anyway :)

We all seem to feel that this "is just not right". But what is the issue
here specifically? The issue is the limits of fair use. I can read a
book whereever I want. I can put a record on loud speakers at my house
The neighbourghrs might complain, but not the record companies.

Public performance has been given a different status and is
goverened by somehwat different rules. E.g. for the case of the barber
playing a radio in his shop you can say that he uses the music for
commercial purpose, and OTOH, the owners of the radio station have
already paid for this, so why pay twice, etc. etc. .

Well, this might be an interesting topic for rants. But I believe that
the legal opnions are generally quite clear on that playing on-hold
music to entartiain the folks waiting on your line is a sort of public
performance. You cannot get off the hook with any "fair use" clause.

> >   
> Certainly the case in the US as well. ASCAP goes on regular campaigns 
> with Pizza shops and the like. Look for the yellow sign on the door.
> So far they haven't bothered medical offices too much, and I do not know 
> about XM radio sold for  commercial use. I suspect that MAY be covered.
> 
> Bottom line is if you write it your self, and play it your self, in the 
> US you probably will be OK. Other than that, you have exposure, or you 
> AND your client .

You can look at them as being extortionists. You can just pay them and
make them go away. Well, if that were the case, other alternatives were
not possible. FreePlay Music was mentioned up this thread. 

Just as much as some prompts sets available for Asterisk are perfectly
legal for usage in this sort of "public performance" (IVR system), sound
files released under a permissive enough license allow it.  

But you have goons^Wlawyers to answer to. So you have to keep yourself
covered: make sure you don't just pick a sound file from somewhere in
the internet. Make sure you can track it to its copyrights holder and
that it is accompanied by a clear license.


And on the flip side: if you release your works, please put a clear
license next to it, or at least a reference to one. It is frustrating to
see some useful stuff on the internet that you their author would love
other to use. But you just can't be sure of that, because there's not a
word about the license.

-- 
               Tzafrir Cohen
icq#16849755              jabber:tzafrir.cohen at xorcom.com
+972-50-7952406           mailto:tzafrir.cohen at xorcom.com
http://www.xorcom.com  iax:guest at local.xorcom.com/tzafrir