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Spinny
01-08-2012, 02:15 PM
There's been a ton of discussion lately about what constitutes an interactive broadcast. Several attorney friends of mine that have to try to interpret the DMCA on a daily basis sent me some interesting info. One of the sections of the DMCA, part 114, defines Interactive versus non-interactive broadcast service. Here's a link to one of the best broadcast blogs I have found on legal issues for broadcasters that discusses the case law where an appeals court ruled against the current definition in the DMCA. A nice victory for broadcasters. Albeit a case that was decided by a jury in 2007, appeal laid down in 2009, but here it is anyway. (yes old news, but old news that many small broadcasters don't know about).

Read: Court of Appeals Determines that Launchcast is Not an Interactive Service - Thus Not Needing Direct Licenses From the Record Labels

http://www.broadcastlawblog.com/tags/digital-millennium-copyright-a/

When you go to that link there's also information, on the right hand side, on fees to be set for background music used in businesses, a sore subject for many businesses that use background music.


Also, I found one of the best write-ups on this subject I have ever read from Mary Lane in the Alabama Law Review, I think from 2011. A well written document. Well worth your time to read. The very last sentence in this article sums it all up perfectly and I believe applies to every broadcaster out there.

http://www.law.ua.edu/pubs/lrarticles/Volume%2062/Issue%202/LANE-Interactive_Services.pdf


Tom