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Interactive versus Non-interactive


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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




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.









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