Univision Asks DAR.fm To Not Record Its Stations
October 6, 2011 at 3:46 AM (PT)
MICHAEL ROBERTSON, the founder of MP3.COM, who recently launched DAR.FM (NET NEWS 2/25), has received a cease and desist letter from UNIVISION, stopping DAR.FM's ability to record 26 of its radio stations.
Contacted for comment by TECHCRUNCH, ROBERTSON wrote in an email, "We don’t believe people recording broadcasts is a copyright infringement -- even if done via a cloud service. It is not rebroadcasting just like your VCR is not rebroadcasting. It is personal recording. Courts have consistently ruled that personal recording of broadcasts is not a copyright infringement and does not require a license. This is why consumers can have and use a TIVO/DVR. DAR.FM is simply the identical service for radio."
UNIVISION lawyers responded, writing, "we disagree with your characterization that your website allows users to record audio content in the same way that a DVR allows recording of audiovisual content for purposes of time-shifting. What UNIVISION takes particular issue with is a new feature DAR.FM launched about a month ago, which lets users download their recordings from DAR.FM to their mobile devices, including iPHONES, iPADS, ANDROID phones, and BLACKBERRIES. Clearly, you should know that by enabling subscribers to download their recordings as MP3 files, your website is essentially opening the door for users to engage in copyright infringement, since unlimited copies can be made from downloaded MP3 files and then distributed to others. UNIVISION is demanding that all of its radio stations be removed from DAR.FM's listings and blocked from being added to user's personalized station playlists."