OT: Copyright and Telephony Rebroadcast

[Bryan O'Neal]

I am looking for a discussion on the legalities of rebroadcasting
copyrighted music over the telephone, such as using Metallica for
on-hold music.  I have heard so many things from sudo reliable sources I
would like to see if any one here can point me in a good direction.

 

What I have heard:

You can rebroadcast netcasted radio with permission from the radio.

Rebroadcasting any radio signal of any form over telephony is strictly
agents FCC rules no mater who holds the copyright.

You can play CD's only if the person who setup and maintains the
rebroadcast mechanism owns the copyright (to listen to the music;
obtained through purchase of the CD)

You can play CD's only if the company owns the right to listen to the
music.

You can migrate format for the purpose of rebroadcast

You can not migrate format for the purpose of rebroadcast.

 

The arguments seem to be base around the thought that there is no
difference between playing the music over your telephone system and
playing the music in your house or car or where other people can listen.
However the other argument is that any rebroadcast, despite reason or
profit generation, must conform to copyright rules and royalties must be
paid.  Now to confuse the matter, why is it illegal for me to put up a
streaming music server with Metallica, but not for some one to play it
off of my shared iTunes?

 

Any thoughts or authoritative help?

 

 

Bryan O'Neal
Cornerstone Homes & Development, Inc.
4220 E. McDowell Rd Ste. #108
Mesa, AZ 85215
(480) 505-1900 

 

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