Airchecks...who really owns the rights?

[bk77]

When it comes to airchecks from the past, who owns the rights ? The announcer? The station where the aircheck came from?

If I was surfing the web one night and discovered an old aircheck of mine from 1985 on some site and I wish it wasn't there. Do I have a legal say to get that aircheck removed or only the station where I worked at, at the time can do that? And if the latter is the case, what about stations that have sinced changed format, changed ownership?

Using Buffalo's WKBW radio for example. Today its WWKB owned by Entercom. Could Entercom go after that WKBW radio tribute page even though most if not all of the stuff on there came from WKBW's Cap City days?

Years ago my then PD and I had this discussion. I remember him telling me that once you crack the mic then everything you say falls into so-called public domain and if someone at home is taping you and decides to put your aircheck online ( or whatever ), there is nothing you can do about it. Wonder how true that is?

 

[OldNumber7]

I'll be interested to hear from someone with a legal background, but my guess is that typical aircheck posting falls under the "fair use" principle. If the material is being used to illustrate, or educate (in even a loose sense of the word) then it probably would be a fair use to post it online or even rebroadcast, so long as the origin is properly credited. I suppose that profiting by selling other people's airchecks, or selling access to hear them, could be a trickier issue. Any lawyers out there who could shed more light on these issues?

 

[gr8oldies]

I'd be embarassed to have any of my old airchecks posted. However, PLEASE don't get the lawyers involved to the point where sites like reelradio.com have to shut down.

 

[BogusBoy]

What is the real reason why you wouldn't want an aircheck of yourself on a site? Generally, it means someone thought enough of your work to want it shared with others. I don't get them much any more, but I used to greet the mailman at the box hoping he had my order of the latest Greeseman, Rick Dees, Howard Hoffman, or London and Engelman tapes. I learned so much from hearing shows that weren't available in my market. I would think it was some kind of honor for some aircheck company to have me in their classic catalogue. At the worst, what would be the harm?

 

[bk77]

What is the real reason why you wouldn't want an aircheck of yourself on a site? Generally, it means someone thought enough of your work to want it shared with others. I don't get them much any more, but I used to greet the mailman at the box hoping he had my order of the latest Greeseman, Rick Dees, Howard Hoffman, or London and Engelman tapes. I learned so much from hearing shows that weren't available in my market. I would think it was some kind of honor for some aircheck company to have me in their classic catalogue. At the worst, what would be the harm?

Depends on who the jock is and/or the situation involved.

I myself really could care less if any of my old work appears online but I have met others over the years who have a different view. I have a good friend of mine who back in the 80s was a very popular jock at a classic rock station. Today he is a Baptist Minister. About 5 years ago one of his old airchecks made its way to some site and he had it taken down. Just by asking the webmaster of that site ( not by threatening to go to some lawyer or whatever ). He emailed them saying that back then he was doing a lot of drugs, cheating on his wife, going to strip bars and so forth but today his life has since changed for the better and he has spent years trying to make his church as success and really doesnt want his church members nor his family to hear his "old line of work".

I can see his point.

 

[amfmsw]

I've found, and have been told, that playing old jingles of stations and old commercials "on the air" as part of a show is OK as long as it's being presented in a historical view. For example, dropping in an actual spot for a 66 Rambler American. Most of the old spots were never copyrighted, and if they were, they were not renewed as they became obsolete, and have fallen into the public domain.

As far as talent, if the the jock/personality is alive, I have always gotten permission from the person to rebroadcast the aircheck portions. I have never been refused, and they are usually flattered that anyone would think that highly of them so many years later.

Of course the music IS copyrighted and cannot be broadcast or netcast without royalties.

 

[mleach]

I have serious doubts that most announcers would object at all if any of their work appeared on online on such such websites like reelradio.

As far as rights goes, unless we are talking about someone like Howard Stern, Dick Clark, and the like I doubt the issue of rights even come into play since those guys do own their image and voice. Dick Clark Productions a number years back sent a c&d to our station because one of our jocks was airing an old promo that Clark cut for his show when he was at another station 600 miles away back in the 80s. Very generic promo "..hi I'm Dick Clark. I hope you are enjoying the doo wop sounds of Max on Classic Rock and Roll !!"...strange considering that at the time we were airing Dick's Rock, Roll, and Remember.

A good friend of mine is the host for a local cable TV talk show. His show celebrated their 20th anniversary back in 2005. Out of shear luck we were able to find in private collection the very first show that aired in 1985. Since the local cable system didn't save any of the shows ( they only kept them for a few days ) it was amazing we found it at all. The first guest from that show was that of a then 16 year old boy who was the star of the local high school football team. Two years prior in 1983 he almost died in a horrible car accident and when he became MVP only two years later after much rehab, the press called him "the comeback kid".

Sadly the same kid took his own life in the early 90s just days after he got married. Somehow the kid's family ( and widow ) found out we were going to feature clips of him in the specal telecast and told us they did not want the clip to air. However after calling up the cable system's legal department, the first question asked was "..does the family own that child's image?" When we said the family did not, we got the go ahead and aired the clip anyway. Besides the child and his father in 1985 signed a release allowing for the child to appear on TV in the first place. In other words, the family had no say. I am sure its the same thing if an announcer wishes his old airchecks didn't appear online, well unless he/she owns those shows, then its tough toenails.

 

[Oldbones]

I have a good friend of mine who back in the 80s was a very popular jock at a classic rock station. Today he is a Baptist Minister. About 5 years ago one of his old airchecks made its way to some site and he had it taken down. Just by asking the webmaster of that site ( not by threatening to go to some lawyer or whatever ). He emailed them saying that back then he was doing a lot of drugs, cheating on his wife, going to strip bars and so forth but today his life has since changed for the better and he has spent years trying to make his church as success and really doesnt want his church members nor his family to hear his "old line of work".

I can see his point.

He may be embarrassed by his past life, but just because he doesn't want to think about who he was 20 years ago doesn't mean there weren't people who enjoyed his work. To ask a webmaster to remove it is to try and re-write history. Maybe he ought to find & destroy all copies of his high school yearbook too since he's probably equally embarrassed at what a dork he looked like in it.

How many jocks DON'T cringe when they hear a 20 year old aircheck of themself?

 

[bub]

Personally, I don't have a problem with any airchecks of me posted on websites as long as I provide the aircheck and/or grant the webmaster permission in advance. As long as it's "my good stuff" I would be flattered. If it was for a tribute website to some station that I was a part of, I may not see a problem with it.