Old 19th June 2006, 03:51   #1
Join Date: Jun 2006
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Free Streaming Legal?


I want to stream music for free just for my family and friends to listen. Is it legal? I am not making any money, do I still need a license?

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Old 19th June 2006, 10:34   #2
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In the United States non-commercial transmission of sound-recordings and music-compositions by means of a non-interactive Webcast to only a small circle of family and friends (by tradition of "fair use") would not constitute a "public performance" and thus would not require a license for such public performance.

This would necessitate that the SHOUTcast server in question a) be located on a private local-area-network or b)privatized by requiring challenge-response authentication prior to reception or c) privatized by limiting reception only to designated IP-addresses.

I would highly recommend consulting an attorney for legal advice specific to your situation (since your activities may still qualify as a "public performance" based on other circumstances).


Executive Director, SWCI
www.smallwebcaster.org // Redefining Music Royalties for Small Webcasters

Legal Disclaimer: The information hereinbefore is not intended to constitute legal advice or consultation nor does it form a legally binding contract.
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Old 19th June 2006, 11:44   #3
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Hi danoarx

If you are US-based, then for less than the cost of 2 hours with an attorney, you can be covered with BMI, SESAC, ASCAP and SoundExchange for a full year with the licensing company I use (see link in my signature below).
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Old 19th June 2006, 18:44   #4
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It is worth keeping in mind if you opt for the solution mentioned above, you would be required to adhere to all applicable terms and conditions of the DMCA statutory license and to adhere to all usage policies dictated by the designated licensee (e.g. mandatory reporting of revenue associated with your Webcast, reception of your Webcast limited to the territorial United States, proper identification of every sound-recording transmitted through your Webcast, programming of sound-recordings in your Webcast prescribed by the sound-recording performance complement, advance playlists and prior announcements of sound-recordings in your Webcast forbidden, tune-in access to your Webcast restricted to specific Website domains, profanity and obscenity and similar community decency standards constrained within your Webcast, and so forth). If this is not what you wish, then you may find it worthwhile investigating the aforementioned alternatives.

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