Can I legally record play-by-play and talk radio off the internet?

Question

I'm a big play-by-play and talk radio geek. I love listening to play by play of sports from all over the country. I have also recorded tons of North Carolina Tar Heel Basketball Broadcasts and talk shows such as Opie and Anthony , Jim Rome , etc over the internet. The question is whether it's legal for me to do this for my own personal use. There was a story in the paper about a year ago http://blogcritics.org/archives/2006/06/08/092357.php about RIAA going after XM for recording things , even if it was for personal use. On Brightspot.tv , you are forbidden from making any recording of their advertisements , even if it is for personal use. So with the legality of whether you can record content for personal use in question , is it ok for me to continue recording North Carolina basketball broadcasts and talk shows off the internet? I'd really like to listen to them on my mp3 player.

Answer 1

Technically, no -- it is illegal to record copyrighted broadcasts for any reason. In practice however, no one will mind if you keep it to yourself. Just don't set-up a website and offer the broadcasts for download - that would get you into trouble.

Answer 2

Recording programs for personal use, and personal I mean yourself and maybe a friend or two, is acceptable. Recording programs for broadcast or sale are prohibited.

I believe the XM story you are referring to was about the company's Inno MP3 recorder, which recorded songs from the satellite radio (which is a crystal clear, digital copy) that could easily be shared with hundreds and thousands of people, allowing people to steal the song instead of purchasing them.

As for the recording of commercials, the unions for the talent and writers prohibit the broadcast via the Internet unless additional fees are paid, which is why most commercials radio stations block out the commercials on their streams.

So to answer your questions, you are fine to continue to record these programs as long as they are for personal use.

Answer 3

Fair use doctrine applies, as it does to all copyright material.

You may record pretty much anything broadcast for personal use. But personal use means personal use...no file sharing, rebroadcasting, etc. You may use excerpts of copyright material for study, commentary, etc., but reproducing a substantial portion for copyrighted materials crosses the line.

The RIAA's interpretation of existing copyright law pretty much amounts to calling a tail a leg and then claiming that a horse has 5 legs. Going after people who are blatantly file sharing is one thing, but chasing after people who record broadcasts for personal use is another thing entirely.

Answer 4

I think you answered your own question. If a broadcast is protected by copyright, then no you can't reproduce the broadcast without the express permission of the owner of the broadcast.

Of course it is only against the law if you get caught.

Answer 5

Who cares if its legal. Do it anyway. Is the Internet Police going to arrest you?

Have fun.