Community station takes on Nova over copyright

2NSB bills Nova for use of copyrighted audio material.

The Nova network got more than it bargained for when yesterday on its nationally syndicated drive program with Meshel, Tim and Marty, the team aired tapes of host Tim Blackwell’s old breakfast and drive programs from his time at Sydney community station 2NSB 99.3, during the late 90s.

Acting station manager James Brechney, has sent DMG Radio Australia a bill for the use of the copyrighted material, adding up to nearly $30,000.

His email accompanying the invoice reads, in part:

Dear DMG Radio Australia,
 
We have been made aware of unauthorised broadcasts last month of our audio property on the Meshel, Tim & Marty Show…
 
We have located a signed presenter’s agreement dated May 1997 bearing Tim Blackwell’s signature. Clause 7 of the agreement clearly states; 
 
‘I acknowledge that my program or any program broadcast on The Station remains the property of The Station. Such programs may only be sold or broadcast to other outlets with the express written permission of The Station.’ 
 
We note that Mr Blackwell nor DMG Radio Australia received written permission to broadcast ‘Arvos with Tim’ or ‘The Dan and Tim Breakfast Show’ as happened on the Nova network on 15 July 2013.
 
As a struggling community radio station we are always looking to broadening our revenue base and offer attractive rates for reproduction of our audio property. We currently charge a flat rate of $500 per metro market for reproduction if permission is sought prior to broadcast. A fee of $2636 ex GST occurs if no permission has been sought. As the Meshel, Tim & Marty Show is in at least 5 metro markets please see attached invoice to pay for $28,996…
 

We think James may have his tongue in his cheek with the request, but he has certainly raised a valid point.

He has told radioInfo: “As a struggling community radio station that relies on government grants and local sponsorship we are always looking for ways to broaden our revenue base. We are very proud of Tim Blackwell’s success that started here at 2NSB but he needs to abide by his 1997 signed presenter’s agreement which clearly states that we own the shows that are broadcast on our signal.”

The bill to the DMG Radio accounts department is below:

2nsb_invoice_963