I mentioned in a previous thread that I was moving to a new, all public domain (in the U.S. and Canada) format. No more beholding to any licensing organization. I can run an Internet stream, the SDR and over-the-air broadcasting without any licensing worries, as you can do anything you want with public domain material.
So, during the week, I'll still have my 4 x 6 hour blocks each day. There will be 2 hours of Popular Music from 1924 and earlier, two hours of Jazz & Blues 1924 and earlier, one hour of a Mystery Book Reading (starting with Sherlock Holmes, graduating to Arsene Lupin, the French Sherlock Holmes and then moving on from there), and one hour of SciFi/Horror/Thriller book readings (starting with Sax Rohmer's Fu Manchu).
On the weekends, it will be identical, except that the book readings will be from the various great thinkers of the past, such as Thoreau, Emerson, Voltaire, etc. That is needed, as we certainly don't have many of those, particularly in positions of power, today.
Here is a sample quote from Voltaire, which is particularly appropriate in these times.
- Formerly there were those who said: You believe things that are incomprehensible, inconsistent, impossible because we have commanded you to believe them; go then and do what is injust because we command it. Such people show admirable reasoning. Truly, whoever can make you believe absurdities can make you commit atrocities. If the God-given understanding of your mind does not resist a demand to believe what is impossible, then you will not resist a demand to do wrong to that God-given sense of justice in your heart. As soon as one faculty of your soul has been dominated, other faculties will follow as well.
I'm in the process of transitioning to this format right now.
Curious how the Mystery Book Reading might apply to copyrights. Its notable that the numerous Reading for the Blind services we have today had originated from using Part 15 AM broadcasts back in the 1970s, it was called RISE, Radio Information Service for the blind. Back then it mostly focused on reading the newspapers, but they read all kinds of information now.
But what about book copyrights with that? It involves the Broadcast of copyright material does it not? I don't know how they handle that, or if perhaps the public service for the disabled is exempt from it.
So, I’m looking at an Archive dot org file that is a compilation of 1935 to 1945 big band music. It is listed as Creative Commons license which appears to be that it could be broadcast non commercially on my station if I had one.
Is this correct? If so, it does appear that a lot of good music and programming newer than 1924 is available for use.
@richpowers Copyright of a work such as a book is complex, involving federal (including the Music Modernization Act), state and common law. That's what Project Gutenberg does - it determines the copyright status based on all available information. Librivox, where I obtain the recordings, uses only works determined by Project Gutenberg to be in the public domain.
The audio recordings of these books are made by volunteers, and specifically placed in the public domain by Librivox. The quality of the recordings can widely vary, but I go through each one, and try to pick the best. The Sherlock Holmes recordings, for example, are close to professional level.
So, I’m looking at an Archive dot org file that is a compilation of 1935 to 1945 big band music. It is listed as Creative Commons license which appears to be that it could be broadcast non commercially on my station if I had one.
Is this correct? If so, it does appear that a lot of good music and programming newer than 1924 is available for use.
I don't think so. It's obviously not. I see the one your talking about:
https://archive.org/details/BigBandMixRecordings1935-1945 That's definitely royalties required content.
Of note, when you click the Creative Commons Atributes link it begins by stating this:
"Notice
This is an older version of this license. Compared to previous versions, the 4.0 versions of all CC licenses are more user-friendly and more internationally robust . If you are licensing your own work , we strongly recommend the use of the 4.0"
@nevadablue The vast majority of material in Archive.org is not in the public domain. It's there because 'Fair Use' is claimed. If a work is not widely available, and not used for commercial gain, you can attempt to claim fair use. Archive.org has recently lost a number of lawsuits over their claim of fair use, so users be forewarned.
Copyright in music has two parts - the actual performance, and the composition itself. Copyright in the U.S. has, until recently, been a hodgepodge of federal, state and common laws. There were no performances in the public domain (yes, you read that correctly, it was the result of a court case that determined that since performances were not explicitly mentioned in previous copyright law, all performances were copyrighted). Determining the copyright of a composition was, quite frankly, a mess.
Prior to the 1970s, all copyrights had to be registered. You were allowed one 28 year term, with an extension of 28 years. Copyright had to be indicated, in a specific format, on your work. Etc.
Project Gutenberg exists to determine the copyright status of books. But there is no equivalent for musical works.
The Music Modernization Act changed all of that. Any musical composition that had fallen into the public domain already was untouched. But the Act, a federal one, for the first time referenced musical performances. Basically, all musical performances and compositions older than 100 years old were placed into the public domain. That's where the 1924 year comes from. You can take that to the bank. Books and film are 95 years.
So, why make such a big fuss about copyright, one might say, since the chances of being caught out are miniscule? Well, piracy in low power broadcasting is not just about field strength and ground lead length. It amazes me that some of those who would scream about someone's transmitter being non compliant (even though it is certified), wouldn't hesitate to blatantly stream music without permission. Of claim fair use rather dubiously.
The situation in Canada is somewhat different. I've discussed it previously. Suffice it to say that we have well defined and consistent laws for musical performances, and while it takes research and work, it is not terribly difficult to determine the copyright status. If you stream, you need various licenses to stream copyrighted material. The licensing bodies have stated that they don't care about BETS activities, although I did obtain a non commericial copyright license when I was taking in revenue on Bowen Island (as well as my recent streaming).
What I like about public domain material. Well, it's different. You won't hear it on licensed radio. And you can do anything you want with it. Stream it, broadcast it, play it on an SDR, even modify it if you want.
This is getting long, but I also wanted to talk about Old Time Radio shows. In the U.S., many courts have determined that some of the earlier, 1930s shows such as Fibber McGee & Molly, the Shadow, etc. are in the public domain. They are treated as films without the visuals, and these courts determined that copyright never existed, and/or was never renewed. When the laws were changed in the 1970s at the behest of Disney, it was possible for older works to be registered for the new copyrights, and not one OTR show (according to the Library of Congress) did so.
In Canada, however, copyright of a work resides with its creator, and in the case of a film or a dramatic radio show, its script. There are also different rules based on whether the script was published, or if a radio broadcast of that script comprises publishing. To determine the copyright status of a radio show, if the script is considered published as a result of the broadcast, you would have to look at the lifetime of the writer (copyright exists for life plus 50 years until 2022, 70 years after that - unpublished is, I believe, 100 years). That's far too much work, and why I passed on streaming OTR.
Thank you for the excellent, comprehensive answer. After posting I realized I may have posted the question in the wrong place but it was too late. I appreciate the information.