Recording & On-Demand Rights

1. What recording does

When you enable recording, Nobex captures the audio your station is broadcasting and stores it in your account. Recordings are private to you unless and until you publish them. You can play, download or delete them at any time.

Recordings are kept for the retention period included in your plan, after which they are deleted automatically. Deleted recordings cannot be recovered. If you need a recording permanently, download it.

2. A webcasting licence does not cover on-demand use

This is the single most important thing on this page. The licence that lets you stream music live does not let you distribute a recording of it.

Live internet radio in the United States is typically covered by the statutory webcasting licence under 17 U.S.C. §114, administered through SoundExchange, together with performance licences from ASCAP, BMI, SESAC or their equivalents in your country. That licence is for a non-interactive, live transmission.

It grants you no right to make a copy available on demand, to allow downloads, or to let a listener choose when to hear a specific recording. A podcast episode does all three. Publishing a recording that contains music you licensed only for webcasting is, in most jurisdictions, an infringement — regardless of the fact that the live broadcast was properly licensed.

To publish an episode containing music you generally need separate rights, obtained directly from the rights holders: a mechanical/reproduction licence for the composition, and a master use licence for the sound recording. Speech content you created yourself — talk, interviews, news — usually raises no such issue, which is why most stations start there.

3. What you confirm when you turn these features on

By enabling recording, you confirm that:

• you have the right to record the output of your station;
• you are responsible for the content captured, including any music, speech, advertising and third-party material within it; and
• you will inform guests, contributors and callers that shows may be recorded, and obtain their consent where the law requires it (see §4).

By enabling a podcast feed or publishing an episode, you further confirm that:

• you hold all rights necessary to distribute that episode on demand, including the right to reproduce and make available every element within it;
• you understand that a webcasting or public performance licence does not provide those rights; and
• you will remove any episode for which you cease to hold those rights, promptly and without being asked.

We record each of these confirmations with the date, the version of these terms you accepted, and the IP address it came from. We keep that record as evidence. If these terms change materially, we will ask you to accept the new version before you can continue.

4. Recording other people — consent

Recording a conversation can be regulated independently of copyright. In the United States, some states require the consent of only one party to a call and others require the consent of every party; recording a caller in a two-party-consent state without telling them can be a criminal offence. Similar rules exist in many other countries.

Where the UK GDPR, EU GDPR or a comparable data protection law applies, a recording of an identifiable person's voice is personal data. You are the controller of that data. You must have a lawful basis for the recording, tell people it is happening, and be able to honour their rights over it.

Announce that you are recording, before you record. It is the simplest way to comply almost everywhere, and it costs you one sentence.

5. Your responsibility, and indemnity

Nobex provides recording and publishing tools. We do not review, clear, or license the content you capture or publish, and we make no representation that any particular recording may lawfully be distributed.

You agree to indemnify and hold harmless Nobex Technologies Inc, its officers, employees and suppliers against any claim, demand, loss, liability or expense (including reasonable legal fees) arising from content you record or publish through the Service, including claims of copyright infringement, unlawful recording, defamation, or breach of privacy or data protection law.

6. Storage, retention and deletion

Recordings count towards your plan's recording allowance and storage. We may refuse to start a new recording once your monthly allowance is exhausted; we will tell you rather than silently discarding audio.

Recordings older than your plan's retention window are deleted automatically. We keep a record that the recording existed and has expired, so nothing appears to have vanished without explanation. We may also delete recordings, remove episodes, or disable a feed where required by law, by a valid takedown notice, or by §7.

7. Copyright complaints

Nobex responds to notices of claimed infringement under the Digital Millennium Copyright Act and equivalent laws. Our full notice-and-takedown procedure, including how to send a notice, how to file a counter-notice, and our policy on repeat infringers, is set out in the Copyright & DMCA Policy.

Accounts that repeatedly publish infringing material will have recording and publishing disabled, and may be terminated.

8. Changes

We may update these terms. If a change materially affects your obligations, we will ask you to review and accept the updated version before you continue recording or publishing. Continuing to use these features after acceptance means you agree to the updated terms.