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The relevant legislation in the United States would be the Copyright Act of 1976. Presumably the fair use doctrine is most pertinent aspect applied here and th
by daveevad 8y ago
The relevant legislation in the United States would be the Copyright Act of 1976.
Presumably the fair use doctrine is most pertinent aspect applied here and the first part of section 107 explains that: "the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes."[1] would be considered in determining compliance with the applicable statues of the law.
[1] https://www.copyright.gov/title17/92chap1.html#107 https://www.copyright.gov/title17/92chap1.html#107
- wyldfire 8y ago§ 107 doesn't seem to apply since it's clearly not educational. If the ads that they run to support the service offset the broadcaster's ads, they will be motivated to bring suit, so we'll probably find out quickly whether Locast's business model constitutes Fair Use or not.
- function_seven 8y agoOh, I missed that detail. Locast is inserting ads? I could see that being a major point in a suit.
- aiyodev 8y agoDo you have a source that supports that Locast is running ads?
- wyldfire 8y agoReplying to myself: but 17 USC § 111.a.5 does apply and it's very specifically applies for "... other nonprofit organization, without any purpose of direct or indirect commercial advantage, and without charge to the recipients of the secondary transmission other than assessments necessary to defray the actual and reasonable costs of maintaining and operating the secondary transmission service."