I taped an Alan Watts half hour audio program from KPFK radio
airwaves. KPFK is a listener-sponsored public radio station (one of
the pacifica stations) in Los Angeles and I regularly donate money to
it.

I would like to know under what conditions is it ethical and legal to
post a copy of this taped program to one of my websites and make it
available either in a streaming or downloadable form for website
visitors?

This program would be posted in a non-subscription or non-password
protected webpage freely accessible to all with the sole intent to
educationally benefit the potential audience.

Hi Creepo ~

The fact that you ask indicates you are aware of copyright and other
legal issues, which is good. The Library of Congress and the U.S.
Copyright Office have information about copyright and rebroadcast
issues on its site here:
   - http://www.copyright.gov/carp/webcasting_rates_final.html

The Scope of Exclusive Rights in Sound Recordings (17 U.S.C. §114)
here:
   - http://www.copyright.gov/title17/92chap1.html#114

and

Limitations on exclusive rights: Ephemeral recording (17 U.S.C. §112)
here:
   - http://www.copyright.gov/title17/92chap1.html#112


As highly visible advocates of free speech, KPFK doesn't waive their
other rights with respect to tapes of their radio shows. Indeed, they
have an expansive archive of tapes you can order.

Obviously, the best way to offer the program from your website is to
get permission to do so from KPFK or Pacifica, then there is no reason
to worry about any kind of copyright infringement.

The KPFK website is located here:
   - http://www.kpfk.org/

Click on "contact" in the right hand frame, and if you can't find the
appropriate person, you can always contact the general manager at
   - gm@kpfk.org

or Pacifica's licensing and permissions contact, Brian DeShazor, at
   - Bdeshazor@pacificaradioarchives.org 


I'm glad you are a supporter of public radio. More support is needed
to keep it alive.


Search terms:

   Copyright radio
   kpfk radio
   Pacifica radio


Regards,
Serenata

---

Request for Answer Clarification by creepo-ga on 24 Sep 2003 14:05 PDT

Thank you for you quick response. I am not legally-minded so I need a
specific yes or no response if possible. I would like to know if it is
legal for me to take a taped 30 min. Alan Watts program off the KPFK
airwaves and post it on the web for all to hear.

If it is legal or not please provide the legal basis and/or
justification.

---

Clarification of Answer by serenata-ga on 24 Sep 2003 15:36 PDT

Hi Creepo ~

Please pay attention to the disclaimer at the bottom of the page:

"Answers and comments provided on Google Answers are general
information, and are not intended to substitute for informed
professional medical, psychiatric, psychological, tax, legal,
investment, accounting, or other professional advice."

The answer here is not legal advice. 

The simple answer is that you should not do so without permission of
the owner of the copyright. As a listener, that isn't you.

Copyrights include rebroadcast and distribution rights, under the
federal statutes I stated.

Without knowing who that person or organization is, the best place to
start is by contacting the radio station or the permissions person at
Pacifica and getting permission to do so. Otherwise, it is considered
infringing on that person's or organization's copyrights.

Regards,
Serenata

Thanks for the clarification. I received the guidance that I needed.
Also thanks for the timely responses

Hello againi Creepo ~

Thank you for the rating and the tip.

I wanted you to know that I saw it and appreciate your generosity.

Thanks again,
Serenata