Midnight In The Desert

[Mr Apnea]

It really does make you wonder. Art changed his will, perhaps?

Only to make sure his new son was in it.   Doesn't matter, even if there was a heather part, wife could fight it.  Give it some time, she'll confess that she got nothing.  Art gave her a career, nuff said.

[Walks_At_Night]

You may be able to find a bottle at one of our B&M stores.
Consult our website for a location near you!
https://www.bartelldrugs.com/store-locator/

Alas, I live in the land of Food Lion and Bojangles Chicken 'n Biscuits.  Perhaps k_dubb would be able to
scout around for me?   Not sure as he probably thinks less of me for slumming in the bowels of bellgab
as of late.

[bellNwhistle]

Those sprints they do after pooping, like they just stole something, is hilarious. Especially if they spin their legs desperately, like the roadrunner cartoon, trying to find traction on a hard surfaced floor 

  Yeah, that is pretty great. LOL!

[SpookyTim]

This is all just ridiculous. There's no reason to try to analyze any potential contract that neither side is telling us all the information about.

The bottom line is this: Heather is going to burn out. Keith's version of MITD will be fine. Nobody is going to confuse the two, because the audience for both (and I mean this with no disrespect) is very small in the grand scheme of things. Keith has the potential to add affiliates on terrestrial radio, sure, but how likely is it? If it hasn't happened already, Dave isn't adding any a huge number more affiliates than Heather would have. The problem is PDs already have Coast to Coast or Ground Zero, and that's good enough for them. Most stations don't even think about that time slot at all, certainly not looking to spend money on it (now, if there was a major financial backer and they brokered time, that's a different story). It sucks, but it's the state of terrestrial radio today.

So Keith has nothing to fear from Heather continuing to use the name, except that if Keith's version grows, she might try to claim a piece of it for herself. But any judge would just look at the facts--Keith started the network, Keith started the show with Art, Keith kept it up and running from a technical standpoint for years, and Keith was trying to fulfill an obligation to his subscribers rather than cater to the emotional whims of his host--and say it's his intellectual property.

I'm no lawyer, I'm sure there are others here that know more than I do, but just my two cents. I think all this focus on contracts and non-competes and all this other stuff is just based on the fact that people want to see Heather flame out herself after lighting the match on her way out the door. Which, I agree with.

[Tricky-D]

Dumb fuckers fighting over podcasts that I doubt are earning enough money to break even financially.

Personally if I was Keith I’d just ignore her and let her fail on her own. What is Keith’s motivation for attempting enforce a noncompete it at this point from a business standpoint? If he legally stops her from doing her shitty show will her band of nutjob listeners start listen to Dave Schrader? No. Let her her go and move on.

Including copyrighted music in the live stream alone is an incredibly stupid waste of money, assuming she’s actually going to pay for it. Paying for the rights to include copyrighted music in a downloadable podcast is in no way financially feasible, odds are she’s not going to do it legally.

Just for shits and giggles I’m going to wait until Tuesday and fill out this little form https://www.riaa.com/report-piracy/

[Lilith]

But they have a place dedicated to submit their cat pictures. That should be fun right? ...right? 
She's carrying on the legacy #ArtBellLegacy

Cat pictures? Art showed us a lot more than cat pictures..  Maybe we'll get to see Heathers one picture photoshoped onto different backgrounds.

[SpookyTim]

Two songs, 100 units (streams) is a $2 royalty fee with a $32 processing fee at Harry Fox.  See attachment.  Downloads are a different thing.

I haven't looked into it in years, when we realized having bumper music actually doesn't make one bit of difference in the show (and really, it doesn't, it's just a sentimental thing because of Art for most people) but I do believe it's possible that she could have secured the rights to the songs listed on the site from the music publishers and rights holders individually (I know she didn't, but I'm just speculating here). They could have granted written permission for her to use them because she's only playing snippets, and it could drive her listeners to download the entire song, thus paying off for them in the long run. That could be why the album covers are listed next to them on her site...perhaps they're going to become clickable links so people can purchase the songs.

Of course, I know there's zero chance any of that actually happened.

[Yorkshire pud]

Dumb fuckers fighting over podcasts that I doubt are earning enough money to break even financially.

Personally if I was Keith I’d just ignore her and let her fail on her own. What is Keith’s motivation for attempting enforce a noncompete it at this point from a business standpoint? If he legally stops her from doing her shitty show will her band of nutjob listeners start listen to Dave Schrader? No. Let her her go and move on.

Including copyrighted music in the live stream alone is an incredibly stupid waste of money, assuming she’s actually going to pay for it. Paying for the rights to include copyrighted music in a downloadable podcast is in no way financially feasible, odds are she’s not going to do it legally.

Just for shits and giggles I’m going to wait until Tuesday and fill out this little form https://www.riaa.com/report-piracy/

I think he will do that.. A hell of a lot cheaper to let her fall on her sword than fight her.

[K_Dubb]

Alas, I live in the land of Food Lion and Bojangles Chicken 'n Biscuits.  Perhaps k_dubb would be able to
scout around for me?   Not sure as he probably thinks less of me for slumming in the bowels of bellgab
as of late.

Not at all, Walks, à chacun son goût.  There is a Bart Ell location less than a mile from me; I will be happy to pick up a bottle.

[Juan]

If I were Keith, on Tuesday I’d send notices to both Heather and Vara to preserve my rights, then sit back and see what happens over the next couple of months.

[Element 115]

I haven't looked into it in years, when we realized having bumper music actually doesn't make one bit of difference in the show (and really, it doesn't, it's just a sentimental thing because of Art for most people) but I do believe it's possible that she could have secured the rights to the songs listed on the site from the music publishers and rights holders individually (I know she didn't, but I'm just speculating here). They could have granted written permission for her to use them because she's only playing snippets, and it could drive her listeners to download the entire song, thus paying off for them in the long run. That could be why the album covers are listed next to them on her site...perhaps they're going to become clickable links so people can purchase the songs.

Of course, I know there's zero chance any of that actually happened.

I think her best bet is to compose her own royalty free bumper music or purchase a bunch of royalty free themes/bumpers.

[SpookyTim]

Or just not use bumper music at all. It's not necessary. If you have some good liners going into and out of breaks, you'll be fine.
Even "real" radio shows that podcast just edit the bumper music out and come back from breaks dry, and I doubt anyone really complains.

[dsz]

Those sprints they do after pooping, like they just stole something, is hilarious. Especially if they spin their legs desperately, like the roadrunner cartoon, trying to find traction on a hard surfaced floor 

Mine gets really wound up before pooping then calms down. Guess I got a defective one. Yay... It's the Heather cat pooping thread now!

[Mr Apnea]

Doubt Mrs Heather and Vara have anything to lose.   Just tank the LLC if things go bad with copyrights and start over.

[bellNwhistle]

Mine gets really wound up before pooping then calms down. Guess I got a defective one. Yay... It's the Heather cat pooping thread now!

It’s all just part of the Shit Show, my friend! 

[Metron2267]

I hope Keith files in Arizona...  Heather will either be forced to hire counsel who is licensed in Arizona (which, frankly, is easier in Nevada because of proximity) but these snakes will charge extra for the convenience.  I'd like to joke that she would want to represent herself because she's on a mission from Art. 

There is a real possibility that Keith's already on-board legal counsel might be advising him to let her sink her own ship.  So many of her missteps are on a much larger scale, namely the music rights.

I will personally be contacting the RIAA and Harry Fox and I encourage all of you to do so as well on Tuesday morning.  I'm sure they'd step up an investigation if it weren't just a "crank" or two.

I didn't look for long, but here's a contact e-mail at the RIAA: ispnoticefaq@riaa.com use a subject line like "Suspected Violation" and include the URL for the show's website (or with the archive) and the LNM website as well.

Here's the Harry Fox Agency contact information:  https://www.harryfox.com/find_out/contact-us.php

We don't need to do anything but bring attention to the powers that be.  Sit back and watch the shit flow downward.  If she's paying (like claimed) then no harm, no foul.

I personally doubt she is.  There's just no economic feasibility (as shown in posts by myself and Juan in the last 16 hours).  Her business model is using fairy dust, cat sacrifices and possibly a human sacrifice as well.  Unless she's working on her version of Brewster's Millions, she's not living in reality...

Now it's time for me to get the writing bug and come up with a screenplay on the late night paranormal radio wars.  Gabrielle Carteris is my choice for Heather.  I think Gabrielle would be thrilled to be playing a younger woman and, more importantly, I don't want to ruin anybody else's career.  Playing a psycho can lead to industry rejection for future roles less sinister.

Has it ever occurred to you that you have some type of unnatural antipathy toward a person who's only "contact" with you has been over a podcast?

I'm just curious who deputized you to be the Rober Mueller of bumper music?

[Bart Ell]

https://twitter.com/bart_ell/status/995346956821192707

[Yorkshire pud]

Has it ever occurred to you that you have some type of unnatural antipathy toward a person who's only "contact" with you has been over a podcast?

I'm just curious who deputized you to be the Rober Mueller of bumper music?

How is antipathy different to mindless sycophancy? The opposite side of the same coin...No? On the edge is indifference.

As for Mueller showing antipathy? Really? You know him well enough to make that assertion a fact?

[Bart Ell]

Doubt Mrs Heather and Vara have anything to loose. 

I beg to differ.
I would counter with her having much that is very loose.

[Walks_At_Night]

Not at all, Walks, à chacun son goût.  There is a Bart Ell location less than a mile from me; I will be happy to pick up a bottle.

Very good! The reviews indicate that Ell de toilette emits a fragrance of smokes, chili and cat.
Just what Mrs. Walks would like with summer coming on quickly.  I am also glad that our Tonopah Airdome
bond remains strong!

[Lilith]

I just finished listening to last nights archive.  I really enjoyed both guests a LOT.  I can't wait for Monday, in SO many ways!!!

[K_Dubb]

Very good! The reviews indicate that Ell de toilette emits a fragrance of smokes, chili and cat.
Just what Mrs. Walks would like with summer coming on quickly.  I am also glad that our Tonopah Airdome
bond remains strong!

Whew!  I hope Mrs. Walks will forgive me if I take a massive hit myself before sending it along.

[timebandit]

Has it ever occurred to you that you have some type of unnatural antipathy toward a person who's only "contact" with you has been over a podcast?

I'm just curious who deputized you to be the Rober Mueller of bumper music?

that character pulls wings off flys I bet..
#JustAHunch

[Sean92008]

This is all just ridiculous. There's no reason to try to analyze any potential contract that neither side is telling us all the information about.

The bottom line is this: Heather is going to burn out. Keith's version of MITD will be fine. Nobody is going to confuse the two, because the audience for both (and I mean this with no disrespect) is very small in the grand scheme of things. Keith has the potential to add affiliates on terrestrial radio, sure, but how likely is it? If it hasn't happened already, Dave isn't adding any a huge number more affiliates than Heather would have. The problem is PDs already have Coast to Coast or Ground Zero, and that's good enough for them. Most stations don't even think about that time slot at all, certainly not looking to spend money on it (now, if there was a major financial backer and they brokered time, that's a different story). It sucks, but it's the state of terrestrial radio today.

So Keith has nothing to fear from Heather continuing to use the name, except that if Keith's version grows, she might try to claim a piece of it for herself. But any judge would just look at the facts--Keith started the network, Keith started the show with Art, Keith kept it up and running from a technical standpoint for years, and Keith was trying to fulfill an obligation to his subscribers rather than cater to the emotional whims of his host--and say it's his intellectual property.

I'm no lawyer, I'm sure there are others here that know more than I do, but just my two cents. I think all this focus on contracts and non-competes and all this other stuff is just based on the fact that people want to see Heather flame out herself after lighting the match on her way out the door. Which, I agree with.

Tim, Tim, Tim...  This isn't about anything but rubbing the nose of Heather into her own excrement.  Its a pissing contest and men win those unless Heather's using one of those silicone funnel-things.   

I do think that there are a lot of small and mid-market stations that need that cheap nationally-syndicated programming to compete with the big kids on the block.  There's a lot of KNYE & KCAA-type stations all over the place and they want to sell those spots to Joe's Clutch Service and Tire Sales.

[Juan]

I wanted to relisten to the show but the DMDN, Midnightinthedesert, and artbell sites are down for me.

[Walks_At_Night]

#Legacy is coming on strong.  I've noticed the missing FAVICON issue has been flattened.

#Legacy's momentum is reaching #Killdozer proportions...............

[bellNwhistle]

I wanted to relisten to the show but the DMDN, Midnightinthedesert, and artbell sites are down for me.

Payback for Evil Keith taking down MV2’s site last night.  : :

[timebandit]

I wanted to relisten to the show but the DMDN, Midnightinthedesert, and artbell sites are down for me.

go back 3 or 4 pages.. someone made it downloadable

[Metron2267]

Dumb fuckers fighting over podcasts that I doubt are earning enough money to break even financially.

Actually the top their podcasts can bring in $50k per episode.  On the lower end $2-3K per epidote is common. The subscription model is another revenue stream. Programs like "Mysterious Universe" and Jim Harold "Paranormal Podcast" are of course top earners.

https://thehustle.co/inside-the-world-of-podcasting-where-even-the-big-boys-have-to-ask-listeners-for-donations

Personally if I was Keith I’d just ignore her and let her fail on her own.

That's because you have no emotional investment (one hopes) in all this.

What is Keith’s motivation for attempting enforce a noncompete it at this point from a business standpoint? If he legally stops her from doing her shitty show will her band of nutjob listeners start listen to Dave Schrader? No. Let her her go and move on.

Eminently logical, sir.

Including copyrighted music in the live stream alone is an incredibly stupid waste of money, assuming she’s actually going to pay for it. Paying for the rights to include copyrighted music in a downloadable podcast is in no way financially feasible, odds are she’s not going to do it legally.

There's a new age streaming service known as Magnatune which offers a low fee music royalty stream for a flat fee of $89/month.

[url]http://ilicensemusic.com/url]

Just for shits and giggles I’m going to wait until Tuesday and fill out this little form https://www.riaa.com/report-piracy/

It's a shame you couldn't behave consistently with your comments above.

So Keith should just turn the other cheek, but the Belgabbers can do the dirty work for him?

Twisted, albeit not for here...

[Lilith]

I wanted to relisten to the show but the DMDN, Midnightinthedesert, and artbell sites are down for me.

I just went and looked, same here.  When I wake up, I download the archive and listen to that with my morning coffee.

Hmmmm...

Wonder whats up with that?