iTunes Podcast legal question ?

[liketom]

so the end of 2005 is soon approaching and to finish off the year i will soon be putting out one of my many Mac advert mixes..


my question is this ... i have a edit of one right now on my Mac which i think is the best i've done all year, i am looking to release this as a Video Podcast on the iTunes Music Store.

legal stuff -

can i do it ? it contains -

Music from Eminem
Video clips from
Apple - adverts 2005
Apple Tiger intro movie
Cingular- advert
Promotional content from Pepsi & Cingular and Coldplay


i have done smaller stuff before and has not got the attention of Apple , but this small Apple promotional video looks good and i would like to try my luck on the Video Podcast and obviously will get there attention.

advice please

 

[KKKL]

I have a similar podcast
http://kkkl.myrice.com/mv.xml
I submitted it on Wednesday.
And a day later, i received an email from Apple:
------------------
Dear Podcast Creator,

This is to inform you that your podcast has been removed from the iTunes Music Store because of a technical problem with your feed.

If your problem can be resolved, you can fix it in your RSS feed, and then re-submit your podcast to the Music Store.

Sincerely,

The Music Store Team
---------------------

 

[EricNau]

I don't think Apple would allow any copyrighted material to be republished as a podcast - especially if some of it is from Apple.

 

[Xenious]

Publish it! If they take you down they take you down, if they don't notice or care you're in business. If they don't want your business take it to another aggregator that does. Don't be aggravated or assimilated. Disobey.

 

[iMeowbot]

Apple will remove a podcast feed if they receive complaints that check out (that's why the little "report a concern" link at the bottom of the iTunes podcast panel is there). Apple don't treat podcasts equally, either; Adam Curry routinely infringes and gets away with it, while a relative unknown will be unceremoniously dropped.

 

[liketom]

Thanks all for your advice -

i will post it up and see how it goes

 

[liketom]

well added it to iTunes and is now under review , anyone know how long it takes them to put it up on the store ?

 

[KKKL]

well added it to iTunes and is now under review , anyone know how long it takes them to put it up on the store ?

couple days, less than a week

 

[WinterMute]

In the UK, the companies responsible for collecting royalties from broadcast material are keeping a close eye on the podcasting phenomena, currently royalties are not being collected from podcasts, but they expect that to change shortly.

Currently, in the UK, it is technically illegal to distribute copyright material in any form without the permission of the copyright holder.

The "Fair Use" laws in the US probably don't cover podcasts either, but the process is so new that there is no precedent for it.

 

[liketom]

In the UK, the companies responsible for collecting royalties from broadcast material are keeping a close eye on the podcasting phenomena, currently royalties are not being collected from podcasts, but they expect that to change shortly.

Currently, in the UK, it is technically illegal to distribute copyright material in any form without the permission of the copyright holder.

The "Fair Use" laws in the US probably don't cover podcasts either, but the process is so new that there is no precedent for it.

thanks for that , but i would like to see how they will enforce such a royalties collection on podcasts that are free? if they make the laws so tightly then we might not have the free podcast within a year or so

 

[WinterMute]

thanks for that , but i would like to see how they will enforce such a royalties collection on podcasts that are free? if they make the laws so tightly then we might not have the free podcast within a year or so

I'd expect that the carriers would be required to have a license to carry the podcasts much like radio stations are required to be licensed, but yes, the days of free podcasting are probably going to be shortlived.

 

[liketom]

I'd expect that the carriers would be required to have a license to carry the podcasts much like radio stations are required to be licensed, but yes, the days of free podcasting are probably going to be shortlived.

sort of goes against what the podcast was designed to do really!

with amature podcasts taken out that would only leave the big boys left to charge for there podcasts

what a shame

 

[liketom]

I have a similar podcast
http://kkkl.myrice.com/mv.xml
I submitted it on Wednesday.
And a day later, i received an email from Apple:
------------------
Dear Podcast Creator,

This is to inform you that your podcast has been removed from the iTunes Music Store because of a technical problem with your feed.

If your problem can be resolved, you can fix it in your RSS feed, and then re-submit your podcast to the Music Store.

Sincerely,

The Music Store Team
---------------------

wow look at your podcasts

 

[KKKL]

wow look at your podcasts

But they are all free offers in the singers' and record companies' website.
I just put them in a podcast.
Absolutely legal.

 

[liketom]

But they are all free offers in the singers' and record companies' website.
I just put them in a podcast.
Absolutely legal.

hell i'm not moaning i just subscribed

 

[liketom]

For your viewing pleasure - and the fact it might not make it on iTunes Podcasts add the below link in my sig to iTunes

peace

 

[KKKL]

For your viewing pleasure - and the fact it might not make it on iTunes Podcasts add the below link in my sig to iTunes

peace

NOT feed://homepage.mac.com/thestringer/fruits/files/page0.xml
but http://homepage.mac.com/thestringer/fruits/files/page0.xml

 

[KKKL]

by the way, your podcast is good
did you make the video yourself?

 

[liketom]

by the way, your podcast is good
did you make the video yourself?

Thanks- the edit just flowed for me and i nailed it in around 3 hours of edits.

the move is made up of many Apple adverts from 2005

 

[CanadaRAM]

Here is a detailed description of the process to clear covers of songs that are being electronically distributed. Since you are including the actual perfomance, there is an extra step of securing mechanical or broadcast rights on the performance.

http://cdbaby.net/dd?f=8

Here is an article (based on a Canadian journalist's experiences -- ongoing -- with attempting to get all legal clearances for his podcast)

http://www.todgetslegal.com/

 

[liketom]

Here is a detailed description of the process to clear covers of songs that are being electronically distributed. Since you are including the actual perfomance, there is an extra step of securing mechanical or broadcast rights on the performance.

http://cdbaby.net/dd?f=8

Here is an article (based on a Canadian journalist's experiences -- ongoing -- with attempting to get all legal clearances for his podcast)

http://www.todgetslegal.com/

some good reading there , so the basics of it is... i need to sell it in some shape or form just so i can finance the licence. o and get permission from all partys that feature in the clip too.

i'm off back to read up some more on them links