PDA

View Full Version : law internet radio


BLOB84
19th December 2006, 12:53
hi i created the shoutcast radio,
i have the orginal cds
can i play them?
i live in italy.
if i bought the original cds, i think i don't have to pay nothing else.

Nick@ss
19th December 2006, 15:01
you may own the cd's but you do not have the rights to broadcast them,

you need to check your country's local laws regarding licensing.

DJ_Mixza
21st December 2006, 01:24
lol K What?

How does that work then? Isnt that like implying if you wanted to play a Puff daddy CD over shoutcast that you would have to call Bad boy records and get Puff or his manager to give a thumbs up??

Greg_E
21st December 2006, 01:49
Originally posted by DJ_Mixza
lol K What?

How does that work then? Isnt that like implying if you wanted to play a Puff daddy CD over shoutcast that you would have to call Bad boy records and get Puff or his manager to give a thumbs up??

In a word, Yes.(if you want to be legal)

Nick@ss
21st December 2006, 06:29
or pay the licensing agencies that will pay puff daddy the money hes owed for you broadcasting his music.

its called royalties.

DJ_Mixza
21st December 2006, 21:45
Really? So every radio station that i ever hear "if there lejet" online or on FM radio is paying like trillions of dollers (or however much it is) to the artist or licensing agencies just to play like puff daddy songs or other big artist's songs on their station?

Nick@ss
21st December 2006, 21:57
yep,,,

but remember not everyone is legal...

i wouldnt even like to imagine what percentage is legal opposed to what isnt,,

Greg_E
21st December 2006, 22:32
Every single licensed FM station in the USA pays all the royalties that are needed for their type of station. If they don't they get fined and possibly shut down!

As far as the percentage of streaming payers to illegals, in a recent post I said half, but I bet the illegals are closer to 90%.

Nonprofit, noncommercial, and educational stations can get pretty decent rates, about $1000 a year for blanket coverage with minimal reporting.

In the USA you need to pay the following or netgotiate a license with each and every artist, record company, and copyright association.

BMI
ASCAP
SESAC
RIAA (through Sound Exchange)

ASCAP and SESAC both have a "blanket" coverage for educational use that allows you to use the media on campus and on the single licensed website as much as you want. BMI has a blanket broadcast, cable, performance, other license, plus a new internet based license. You would really need to check with them about which licenses you need (we pay both). And last but not least the money grubbing RIAA which has a "blanket" that covers you up to 146,000 Aggregate Tuning Hours (ATH) and then so much per hour over that total monthly.

Fines for running illegally can be up to $100,000 per song. There are also many rules that you must follow to stay within the DMCA laws about how often a song can play, how many songs from a single album, and other assorted nonsense.

So it's all up to you to decide if you want to pay, or if you want to take the chance on the fines and imprisonment if you can't pay the fines. Other countries may be significantly different.

Full Lawn
21st December 2006, 23:37
Oh, thank God Canada's a touch more lenient on this licensing stuff. I heard once that you needed a license to broadcast rap music. Is there truth to that, or is it just a whole load of crap? I hope someone can answer me, there...

SorceryKid
22nd December 2006, 01:28
In simplest terms, yes. All music (this includes lyrics) and sound-recordings are protected by copyright. And the right to public performance (e.g. Webcasting) is reserved by the creator of the musical work. The only way to bypass that legal protection is to secure a compulsory license.

While Canada is still refining its intellectual property laws to address new technologies, it will mostly likely model aspects of the U.S. Digital Millennium Copyright Act which itself adheres to the standards and requirements of the corresponding WIPO (World Intellectual Property Organization) Copyright and Performances and Phonograms Treaties Implementation Act and also adds safe-harbours for online service providers.

--Randall

Full Lawn
22nd December 2006, 02:32
That's great to know! Thanks so much. I'm a big fan musig copyright laws.

Nick@ss
22nd December 2006, 06:22
Originally posted by Full Lawn
Oh, thank God Canada's a touch more lenient on this licensing stuff. I heard once that you needed a license to broadcast rap music. Is there truth to that, or is it just a whole load of crap? I hope someone can answer me, there...

why would rap music be any different to your p diddy cd?

if it has a copyright then it needs licensing.

if you are only doing a talk show then you dont need a license as your voice has no copyright on it...

Greg_E
22nd December 2006, 06:43
Originally posted by nick@ss
if you are only doing a talk show then you dont need a license as your voice has no copyright on it...

They want you to license that too... go figure.

DJ_Mixza
22nd December 2006, 06:59
Wow this all very interesting.. Im shocked there isnt more post's about this kinda stuff.

So like is there like a society of people out there being paid to police radio web site's like Shoutcast.com or live365 w/e its called to see whos using or not using royalties / licensing agencies?

Like are there compaines who would be in charge of sitting aorund all day "policing" internet radio stations then?

Greg_E
22nd December 2006, 08:45
I'm sure there will be if there aren't any right now. I'm surprised that we haven't had any news of RIAA raiding some poor guys home to shut down his illegal stream like they do for illegal music downloads. Probably we haven't because the distribution is so much smaller for a stream, getting 100,000 conections takes a lot of effort, yet getting 100,000 people to download from p2p is easy. So at the moment they are taking down the larger abusers, and will move on to the smaller fish when the time comes.

I do understand their point of view, I just wish it was easier and cheaper for everyone to pay up. if I didn't have to do this for work, I wouldn't want to jump through all the hoops. And the hoops i have to jump through are far less because we are educational and the rules are a little less for us. For a commercial station it can be down right ugly and expensive, which is why there aren't too many commercial stations streaming yet. Bandwidth and rights fees just add up to too much money. Then you add in the problem of worlwide fees, and you can see where it really gets bad.

I will say that if there was a one stop clearing house where you could pay a small fee for world wide coverage, there might be more legal streams on the web. I guess this is something that will need to be pushed through the local/national legislation as time goes on. Anyone up for the challenge?

And you are right, it surprised me that there wasn't more talk about this topic. There should probably be a sticky explaining why and who to contact to pay the fees (not that anyone reads the stickies).