This may be one of those situations where a judge needs to get involved to correct the difference between the letter and the intent of the law. If the RIAA does go forward with this (and damages the podcasting community), I hope that the judge allows for damages and legal fees.
Monday, April 30, 2007
On a semi-related-to-yesterday's-post note, comes news that "podcast safe" music might not actually be all that safe. Whether or not there's any truth in in the scare, it seems that the RIAA has a legal trick that allows them to collect fees for any music, even if the songwriter, the performers and the distributor all sign documents that allow for free distribution of the song and/or performance. What we're talking about here is a statutory license. In reading the Copyright Law, I'm not so sure that the RIAA can legally perform such an action (remember, I am not a lawyer). I don't think that the law specifically considers situations involving Creative Commons licenses.