Here is an article on radio recordings and digital millennium copyright act . I think that
might be to your interest , but is unknown on how it can touch us
---- Ephemeral Recordings for Broadcasters --- [ DMCA .pdf ]Section 112 of the Copyright Act grants an exemption for the making of _ephemeral
recordings._ These are recordings made in order to facilitate a transmis- sion. Under
this exemption, for example, a radio station can record a set of songs and broadcast
from the new recording rather than from the original CDs (which would have to be
changed _on the fly_ during the course of a broadcast). As it existed prior to enactment
of the DMCA, section 112 permitted a transmitting organization to make and retain for
up to six months (hence the term _ephemeral_) no more than one copy of a work if it
was entitled to transmit a public performance or display of the work, either under a
license or by virtue of the fact that there is no general public performance right in sound
recordings (as distinguished from musical works).
The Digital Performance Right in Sound Recordings Act of 1995 (DPRA) created, for the
first time in U.S. copyright law, a limited public performance right in sound recordings.
The right only covers public performances by means of digital transmission and is
subject to an exemption for digital broadcasts (i.e., transmissions by FCC licensed
terrestrial broadcast stations) and a statutory license for certain subscription
transmissions that are not made on demand (i.e. in response to the specific request of a
recipient).
Section 402 of the DMCA expands the section 112 exemption to include recordings that
are made to facilitate the digital transmission of a sound recording where the
transmission is made under the DPRA_s exemption for digital broadcasts or statutory
license. As amended, section 112 also permits in some circumstances the
circumvention of access control technologies in order to enable an organization to make
an ephemeral recording.
---and here is the article ----http://thomas.loc.gov/cgi-bin/query/F?c105:1:./temp/~c105PfXJtH:e92310:SEC. 402. EPHEMERAL RECORDINGS.
Section 112(a) of title 17, United States Code, is amended--
(1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C),
respectively;
(2) by inserting `(1)' after `(a)';
(3) by inserting after `under a license' the following: `, including a statutory license under
section 114(f),';
(4) by inserting after `114(a),' the following: `or for a transmitting organization that is a
broadcast radio or television station licensed as such by the Federal Communications
Commission and that makes a broadcast transmission of a performance of a sound
recording in a digital format on a nonsubscription basis,'; and
(5) by adding at the end the following:
`(2) In a case in which a transmitting organization entitled to make a copy or
phonorecord under paragraph (1) in connection with the transmission to the public of a
performance or display of a work is prevented from making such copy or phonorecord
by reason of the application by the copyright owner of technical measures that prevent
the reproduction of the work, the copyright owner shall make available to the
transmitting organization the necessary means for permitting the making of such copy or
phonorecord as permitted under that paragraph, if it is technologically feasible and
economically reasonable for the copyright owner to do so. If the copyright owner fails to
do so in a timely manner in light of the transmitting organization's reasonable business
requirements, the transmitting organization shall not be liable for a violation of section
1201(a)(1) of this title for engaging in such activities as are necessary to make such
copies or phonorecords as permitted under paragraph (1) of this subsection.'.
