Little Cloud wrote:What if they are updating their list based on fans discoveries. Odd that they wouldn’t list that 80s post punk tune.
Which particular one wasn't listed?
I very nearly included this in the original post, but I suspected that it would be claimed they were updating their list in reaction to findings by fans. That is a valid observation to make given the lack of evidence either way, but I don't particularly agree.
In this instance they don't have to pay for sample clearance, of course, that isn't what I was driving at. The laws applying to internet radio are generally different particularly as no advertisements were run. They will have a record, kept primarily for legal reasons, of the tracks that were broadcast. To not do so would be unprofessional.
NTS would genuinely have a copy of all tracks used. Not because they would have to clear each individual one on the mixtape for clearance, but it is both good practice and they will require it just in case any legal misunderstanding does occur.