Posts Tagged: fair use

Know Your Recording Rights (and Your Super Bowl Commercials)

Posted | Category: Applian Software, Replay Video Capture.

superbowl-blog

Whew. What a game last Sunday! We could barely pull ourselves from our screen — especially in those last ten minutes. As we marveled in the replays and even went back to replay the streaming feed on NBC, thanks to our Replay Video Capture software, we realized that some customers and those non-Applian laymen might think that our insistence of recording this NFL game might be (*gasp) illegal. Well, ladies and gentlemen, it’s not. But the NFL does a fantastic job at making you think so. An intelligent Ars Technica article that came out last week does a great job explaining why it’s not. Here’s a sample:

The NFL is also drastically overstating its case when it comes to actual copies of the game or pictures coming from it. You can record the Super Bowl. It’s been undeniably, unquestionably legal since 1984 that you can record the broadcast to watch later (and skip commercials, if you’re so inclined). And the fair use doctrine that allows you to do this also lets you use those recordings for other purposes, too. If you want to use clips for commentary or criticism or news reporting of some aspect of the game or the broadcast, that’s perfectly legal, too.

So don’t fear, Applian friends. Go ahead and get your Super Bowl re-watch on. Oh, and if you missed all of the advertising action because of the NBC stream, we highly recommend that you check out this full recap of the multi-million-dollar spots.

Our personal favorite, and slightly underrated, was the pitch-perfect Sarah Silverman and Chelsea Handler commercial from T-Mobile. We hope it’s an ongoing theme, because we love seeing comedians do what they do best — make fun of themselves and each other:

FAIR USE? Sort of.

Posted | Category: Media Business.

Ars Technica has a nice analysis of the new pro-consumer FAIR USE bill being proposed in the USA. It’s a start, but there’s still a long way to go before true “fair use” recording rights are protected.
Basically, the bill gives hardware companies an exemption, but does nothing for software. To me, it seems like a way to get the content companies and the hardware companies on the same side, and then crush the software companies, where all the true innovation is taking place.
Go read the entire article.

PERFORMance Anxiety

Posted | Category: Media Business.

Looks like the PERFORM act just won’t die. This is the nonsense legislation – sponsored by the RIAA – that would force satellite, digital, and Internet radio providers (but not over-the-air radio) to implement measures designed to restrict the ability of listeners to record audio from the services.
On the Internet side, given the plethora of radio stations all over the world, this would basically kill American Internet radio.
You can read more from Ars Technica.
Once you’re sufficiently outraged, contact your senators here.

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