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Two Quick Points Re: Adam Curry

This Adam Curry post on podcasting and music licensing (via JP).  A very rough quick response:


1.  Perhaps a streaming show would be a performance, but not a downloadable podcast.  That’s a reproduction, if not also a distribution.


2.  For that reason alone, you’d also need rights from the owner in the sound recording (e.g., the record label).  Even if it were merely a performance, you’d still need that authorization.  Unlike for analog performances, sound recording copyright owners have a right for digital performances.

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