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If you are an ASCAP, BMI, SESAC member or have your music copyrighted in any other way and you wish to have your music removed from our station please contact us. Under a 1984 amendment section 109 (b)(1) of the Copyright Act, phonograph records cannot be rented (except by nonprofit libraries or nonprofit educational institutions) without the permission of the copyright holders. The Sonny Bono Copyright Term Extension Act of 1998 extends the copyright to the life of the author plus 70 years. European Union Law is the same. The Copyright Protection Act of 1976 section 504 states that: the copyright owner may elect to receive either the damages actually suffered plus any additional profits of the infringer or statuatory damages of not less than $250 or more than $10,000. Section 106 states: the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include 1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;... Fair use was traditionally defined as "privilege in others than the owner of the copyright to use the copyrighted material in a reasonable manner without his consent." DJ mixsets are one's own performance and therefore are copyrighted by the DJ not the artist who originally made the music as it pertains to us the radio station. All of our mixsets come to us by donations or are or were made freely available on the internet and are being retransmitted for nonprofit and educational use only. No music is ever reproduced (given away to others) at Creuk Radio without the consent of the author. |