Criminalized by the criminals.
Is that like "the inmates are running the asylum"?
To charge royalties for a part 15 station is like charging royalties for the loud car Radios blaring down the road. Its why when one part 15 station who was willing to pay the entities didnt get back with the owner. Its more trouble for the record keeping than its worth.
Part 15 stations are not required to pay copyright royalties nor keep records. There is nothing written in any law about it.
As it happens, many of the definitions of "part 15 broadcasting" are sprinkled throughout many FCC documents, and here are a few quotes from a publication called PUBLIC NOTICE 14089:
"The Commission often receives inquiries regarding low power broadcasting. There are two basic types of low power broadcast operation permitted - licensed and unlicensed."
"There are no restrictions on the content or hours of operation of unlicensed stations operating under Part 15."
"For questions regarding Unlicensed Broadcast Operation call the Technical Standards Branch (202) 653-7313."
So if there is no restrictions and its only covering a relatively low range the idea that you have to pay Royalties for part 15 is Moot. Even the idea that what part 15 was intended for makes it sort of a moot point. Carl I love that podcast episode 3 and how it sort of supports what we are trying to do. Instead of saying micro broadcasters should not be allowed the broadcasters at the NAB need to sort of help them so they don't cause interference. For example instead of being at ground floor running 5KW why not go to a 20 story building and run more like 5. This is an example of how Radio should be. Again I'm not saying to run 5W without license but if they would allow something like 1Watt in a small neighborhood coverage. And then their is High School. These Micro Broadcasting stations would be a Great way to help the younger generation learn to interact with the masses. I know there is the nay sayers, but these tiny stations need to exist on the dial.
The nay sayer may be yourself.
Clearly one of the everlasting hot topics on this board is royalties. I've been doing this as a commercial broadcaster for 43 years. Part 15 for two. I own a record label, a music publishing company, am a member of ASCAP and now the RIAA. I belong to ASCAP to eventually, someday, maybe get 2 cents for my publishing, and the RIAA because I can, and because it lets me into the inner circle of all this BS. I have had a copyright lawyer on retainer for the past 14 years. I'm one of the few who sees this from all sides.
A large percentage of what is posted here is incorrect and based on rumors, legends, and wishful thinking.
First off, the FCC has nothing to do whatsoever with music rights or copyright. If you get caught broadcasting copyrighted music the FCC won't give a rats ass. So don't go getting all excited because you can't find an FCC law stopping you doesn't matter. Not any more than the FCC won't persue you if you're speeding. Check the copyright laws, dealt with by the copyright office, which are federal laws.
Second ALL music is copyrighted. You say you dug up a classical selection written in the 1800's performed on a record by the New York Philharmonic and you're playing it? Fine. You're right. The SONG ITSELF is in the public domain. The PERFORMANCE of that song is NOT. So if you're streaming Soundexchange is still going to need the royalties for the performer. The recording is most certainly NOT in the public domain. If the Beatles sang "Take Me Out To The Ball Game" the song IS in the public domain, but the PERFORMANCE is not. Guess what? Royalties are due to the Beatles or whatever group is representing their performances. Music (as in the song itself) is in the public domain if it predates 1922. The SONG. You are free to perform the song yourself with no royalties due. You are free to record that song and put it out on a CD and sell it, with no rights to pay to do so. But NOT any other, previously recorded performance of it. There are legally NO SOUND RECORDINGS that are public domain in the USA. Anyone who tells you different is wrong. Songs yes, recordings, no. Copyright law specifically explains that the way the laws all transpired back in the day, sound recordings did NOT pass to public domain, just the SONG itself. So, if YOU want to perform Beethovens 5th Symphony you're welcome to do so with no royalties (assuming you're using your own arrangement as someone elses later arrangement would have a new, current copyright). If YOU want to sing "Take Me Out to The Ballgame" on your radio show you can (as long as you're singing the original verses -- additional verses were added after 1922 and are NOT in the public domain). I can readily find many many different takes on what's public domain and what's not, and what you can do with it. My information comes from actual an actual lawyer who I talk to in real life, and is based on 43 years of experience. Bottom line is there is no recorded sound in the USA which is public domain. Period. It's not open to discussion any more than if that red stoplight really applies to you as you approach it in your car. These rules are of course different in other countries. Creative Commons is of course a completely different matter. This is a new modern concept whereby artists and song writers (who still automatically have copyright protection when they write a song) place their work under Creative Commons. And yes, you may broadcast this. Of course if they do a cover song of an already copyrighted song -- say they record "Rock Around The Clock" their PERFORMANCE may be in the Creative Commons but the SONG itself will not be, and you'd still owe BMI or ASCAP royalties for the use of that song. So if you want to go the creative commons route you need to know nothing you're using is a cover of a copyrighted song. See http://www.pdinfo.com/copyright-law/public-domain-sound-recordings.php for brief information.
The concept that a Part 15 station doesn't need to pay royalties is also bunk. The defense that people use Part 15 devices to play music to their car stereo, or in their house has nothing to do with it. The deciding factor is INTENT. If it's your purpose to play the music on the air with the specific intention of the public being able to hear it, you owe royalties. In my case it's pretty obvious that I want and encourage the public to listen. I expect to pay royalties. There is no "I'm not making money so I don't have to pay" rule. Using recorded music as "bumper music" is also not allowed. Several sports organizations have been in trouble recently for using "bumper music" without licensing in their game broadcasts. Talk Host Art Bell just finished a rather lengthy battle trying to find a way to use his bumper music legally without paying huge fees (many listeners create bigger fees). ARt is due back on the air next month and has worked out the bumper music licensing after MUCH back and forth battling with the PROS (Performing Rights Organizations). The music will be on his live stream but REMOVED from his downloadable shows because the rights to include it in downloaded form is too expensive -- more info here: http://artbell.com/art-bells-new-show-faq/ Bumper music must be paid for. "Fair Use" would include things like using 30 seconds of a song for the specific purpose of then reviewing or critiquing the song.
I don't know of any case where someone playing loud music from their car as they drove by had any trouble, but I know of private parties playing music for large groups of people who have been approached. I know of figure skating clubs, dance clues, and community organizations who were playing a boom box for kids to skate or dance to in a public place that had to have a license. I know of bars and coffee shops who had to cancel live music because their venue didn't have a license for music performance. Yes, the bar with the band has a license. The coffee shop with open mic night must have a license. Any situation where music is being "performed" (and yes, playing a record is considered a performance) with the intention of the public hearing it must be licensed. Stores can not play the RADIO with the intent of the shoppers being able to hear it -- without a license! Playing a radio in the kitchen of a diner for the enjoyment of the cook is fine, but if it's loud enough that the diners at the counter can enjoy it to -- it needs to be licensed. That's why so many stores have piped in music, MUZAK or satellite music services. The fees paid for those services include the licensing rights to play the music to the public in the store. When you download a ringtone for your phone of a popular song, rights ahve been paid. Yes, we've had ASCAP people visit our area and issue warnings and sell licenses to local clubs, bars, coffee shops and stores.
Ya'll can believe what you want and do what you want. Odds are even if you're blatantly violating the laws you won't get caught. Me? I'd rather be as blatantly legal as I can be. I run my station as more of a business than a hobby and I'm out to get as many listeners as possible and generate income.
Do you call up the transmitter manufacturer and tell them to send you a free one because you're not making any money? Does your internet provider give you free service because you're a streaming station that doesn't sell ads? Why do you expect the music to be free?
Yes, I'm sure if I sent you a check you'd cash it. But when you try to tell me you didn't sell me your service you'll look pretty silly in court when I arrive with the cashed check.
Don't get me wrong. I fully and strongly believe that the copyright laws world wide are unfair, a belief that I won't take the time to debate with anyone. Just that when I'm King of the World it will be one of the first things I'll change. But in the meantime the current laws are what they are and you can't go around changing them just because you wish they were different. I do not believe a songwriter or singer should get padd a royalty basically forever, and then for decades after they are dead, anymore than I believe the mechanic who fixed the brakes on your car should get a penny every time your brakes work. And that the other people at the same intersection should also pay because they also benefitted because your brakes worked and didn't hit their car. No, I think copyright law in the USA is especially out of control, but until the law changes we have to play by the rules.
Bottom line is really really simply If you are playing ANY RECORDED MUSIC in the USA with the intent of members of the public being able to hear it, be it over the air, on a stream, or through loudspeakers in your store parking lot... you legally need to be paying for the right to do so. That's the way the law is right now.
Tim in Bovey
I thought this was interesting as well. The "little guys" are now allowed to play with the big boys. There is an organization for small independent record labels with over 20,000 label members that gets them their royalties from SoundExchange. Used to be you had to have a rather huge dollar figure in business before they'd let you in. There are some big names on independent labels, BTW including Taylor Swift and Adele. Also the RIAA now lets in members who do not generate hundreds of thousands of dollars in revenue. Last time I checked -- probably 4 years ago or so -- my little label could not join the RIAA as I didn't generate the minimum dollar amount to be considered for membership. Now if your label has two commercial releases and you're really a legit label -- e.g. you're a registered business, etc you can now join the RIAA, which I have done. This was not possible not all that long ago.
Tim in Bovey
Tim in Bovey, thank you for spending your time presenting this in depth description of copyright rules for broadcast performance, the most detailed and accurate itemization of the subject ever posted on this site, so far as is known.
I sincerely believe "Tim's Copyright Essay," the name I'll give it, is worth printing to paper and filing along with official radio station documents.
I just want to reiterate something Tim said - the laws ARE different in other countries. In Canada, for example, it is legal for a business to play a radio that members of the public can hear, as the radio station has already paid the royalties. That rule is pretty stupid in the U.S., as the licensing body is effectively collecting double billing - they get royalties from the radio station and then royalties from the business that is playing the radio station. And in Canada, performances go into the public domain 50 years after they were released. Songs themselves (written prior to some date that escapes me now) go into the public domain 50 years after the death of the last surviving individual involved in the creation, and after that date 75 years.
I do have a question for Tim. You use music and sound recording interchangeably in your posts. Old time radio recordings are sound recordings, and yet the U.S. courts have ruled that at least in one case some shows are in the public domain. The show is Lum & Abner - somebody associated with the show or their descendant went to court to claim copyright ownership - they partially won, as the courts ruled that early shows (after 1922, by the way) were in the public domain, but some of the later shows weren't.
And in fact, most Old Time Radio shows are de facto in the public domain, as no one has stepped forward to claim copyright. The only reason many sound recordings of these shows exist at all is because people fished the master discs out of the garbage when the sponsors (who owned the shows) decided they didn't care enough about them to keep them.
Tim, do you have a way of knowing how many downloads of "The Oompah Hour" are made?
Stuff like this makes the court system get clogged with frivolous lawsuits when they are more worried about little Johnny Quarter Mile part 15 Radio playing a few great tracks to a whooping listener group of 10 to 20 listeners maybe for 4 hours in a day. Meanwhile that TLH is probably less than 240. Meanwhile you have Shoutcast stations with 20,000 listeners through out the entire nation if not the world and some of those stations have not paid a dime in royalties for years. I DO pay royalties for streaming this I can see, but come the F*** on here. You are so worried about the little station who may not even be paid all that much attention to and yet you have real blatant Huge Commercial stations on Shoutcast that have not paid a dime. Now until Radionomy (which allows people to broadcast for FREE and pays the artists royalties so the broadcaster doesn't have to) their was many of these stations doing exactly that. Yes you can do your stream legally and FREE through Radionomy as they have the royalty licensing deals made but you have to have x listeners 24/7/Month to remain on their system after so many months. There is also DJC Media which I use that pays you for the ads and you pay StreamLicensing. You can stream legally and prety much FREE if you are willing to do the things I do which is use DJC Media as my Ads delivery service.
Now I'm gonna go on my Rant. Honestly you can do what you want and I feel like this: If the RIAA, the courts and all the little corrupt racketeering lobbyists members of the RIAAA HAVE ALL THIS MONEY to go after little Johnny Quarter Mile why haven't you paid the artists more than pennies to every 10,000 albums sold? And worst off why haven't they been investigated themselves to see why the money is not going to the artists they claim to support? Some folks believe blindly in what they do and say, but I for one believe it won't be long until every one of these members will face criminal racketeering charges. Again they have tried to go after Downloaders, and what did they gain? Now Cox cable is being sued for not giving up IP information on IP addresses that are not static. Wen the courts demanded the source code for the software the RIAA uses to determine this they would not show this alleged software program. Plus Cox has a case against them for IP's being not a 100% way of telling. Now if this case is proven the RIAA will have no other resort than to allow Ads Supported Downloading but by then the RIAA may be sued to non existence for criminal extortion charges. This time they may have met their match so I don't see them going after Johnny Quarter Mile part 15 stations anytime soon unless they are making billions and trillions of dollars and if that were the case they would have a License to operate a high power station to begin with. I have no hope for all you folks joining this organization hoping you'll get rich quick. The reason they are now taking anyone is because they are desperate because they know their D day is coming sooner than they think. Their reign of terror on cancer patients and collage campuses and their wanting to take over classes in high school to teach the evils of Downloading music for FREE and taking valuable class time that could be used for real scholastic time is something that will come to an abrupt end. They are gonna get their dog day in court its bound to happen. They can only bribe officials who impose laws for so long till you have a group of stronger more prepared legislature that will bury them forever and make it known what greed and corruption will get you. The oil companies done this for more than a decade then that too was put to an end. Now those who want to kiss the RIAA's tail for whatever you do be so inclined to get cozy with them. But the days of physical CD's, LP, cassettes are over and again the very Radio stations you bite the hands of are the very ones who help promote the merchandise you try and sell. So just because Johnny Quarter Mile isn't playing your Top40 or Rap you think you can bully them out of existence. Just hope Johnny Quarter Mile is not the son of some rich anti RIAA organization who has done their homework to exterminate your Pirate organization (yes RIAA I called you a Pirate) for good aka Cox Cable. Don't look at someone's speck in their eye when you have a board in yours. And that has been a public service announcement to the biggest Pirate organization known as the RIAA from The Legacy. Now take your hat off you look silly in that Pirate Hat.
Stop-Look-Listen.
I don't know if I can determine how many Oompah Hour downloads are done. Probably. I'm not all that web saavy. It's not going to be a lot -- I do have 15 stations carrying it now, both Part 15 and "regular". However, interesting to note -- a syndicated show like the Oompah Hour, or any of the hundreds of other shows, do not pay royalties! The stations that carry them do. Theoretically (!) a syndicated show is not provided to the general public for consumption, but only to those who then broadcast the program. So if you produce a program such as the Oompah Hour and do not broadcast it yourself, or stream it yourself, or podcast it yourself, but only provide it to stations, webcasters, etc who do, you're good. Now, I broadcast it and my station pays royalties, so it's broadcast is covered. In the most technical sense of the system I shouldn't be posting the link for it here as it can then be obtained by members of the public. If push ever comes to shove, I'll have to stop doing that. That would indeed make an interesting legal situation as a large percentage of the old tyme music is exactly that -- old time -- and way into PD, and to make it even more compllicated 90% of the artists are long gone, never registered anything, never got paid a penny in royalties for their songs broadcast over the past 50 years, and also never paid the mechanical royalties necessary to have the rights to record and sell copyrighted songs! Remember too that broadcast radio ONLY pays royalties to the song writers through BMI/ASCAP/SESAC. Broadcast does not pay Soundexchange -- that's only if you stream, podcast, or use it on satellite radio. At the "real" stations where I work we run a ton of syndicated programs and all are downloads like the Oompah Hour, but they all generally have secure FTP sites where we download them. It is also acceptable to send them via direct email, or to send CD's, etc. But the information to get the program is not to be readily available to the general public.
Rats -- now I can't remember the other posts I was going to comment on -- But yes, the laws vary greatly in different countries. And I've always thought it was double dipping to charge a store, etc playing the radio where customers can hear it, as the radio station has already paid thousands of dollars every year for the right to broadcast the music to the public, and the people in your store are certainly in the public. Grrrr.
And to address others rants, yes I believe the system is horribly abused and unfair.
Old time radio programs are a bit of a conundrum. The programs are indeed in the public domain. However, not ALL of them. You'll notice, for example, there are Lone Ranger or Superman episodes available PD, but NOT the entire catalog. After determining that the shows could be valuable later ones had their copyrights renewed. That's how the others wound up in the PD. There was a time years ago that copyrights had to be renewed and many producers of music and radio shows, even books, etc didn't see the value in their old work and didn't go to the time and expense of renewing (in those days done with pen and paper usually by a company secretary). Now, it's also significant that the SHOW is in the public domain, but NOT the music within the show! But you can BUY the shows cheap because mechanical reproduction rights (the license needed to include the music within the show on a CD for sale) is cheap and easy. Broadcast or performance rights are a completely different thing. But most radio stations (like the one I work for that runs "When Radio Was") is covered because their BMI/ASCAP/SESAC licenses cover any music broadcast under a blanket license -- doesn't matter where that music comes from. So when you're buying the old shows it's a mechanical reproduction license, when a radio station broadcasts them their music license covers the music in the shows, and the show itself is PD. The whole thing, as you can see is very complex. So, if you choose to broadcast old radio shows on your Part 15, the SHOW is legal, the MUSIC in the show is not unless you are licensed by the PROS to broadcast it. This is why most "regular" stations have no issues with running them. Another intersting note: The theme song for the Lone Ranger is, of course from the William Tell Overture, from 1829. This was chosen as the theme specifically because no royalties would be incurred in the use of the song as the song was PD. So you do not have to edit out the music for the Lone Ranger theme to be legal on the air, but if you're streaming you have to pay Soundexchange so the performers or their estates in this case, get paid! The Green Hornet Theme is the Flight of the Bumblebee, from 1899. Also used because rights were free as it was PD! Both shows produced at the same radio station back then, WXYZ in Detroit. They used classical music for many of their shows music sequences because it was free, and they had them recorded by their own musicians, so no rights were ever paid. On the air, again, you're OK for these songs, but not on a stream without paying SoundExchange.
When you get right down to it classical music and pre 1922 music could be broadcast on a Part 15 with no music licenses, as broadcast only pays writers, and pre 1922 the writers don't get paid as the songs themselves are PD. But it could not be streamed without paying the performers through Soundexchange. So although the sound recordings would not be public domain (as none are) that technically doesn't matter to broadcast radio as we don't pay the performers. We just pay writers and if what they wrote is PD we're clear. However, even then there CAN be issues as new recordings of clasical pieces can have their own copyrights based on different inpertretation or arrangement can allow a new copyright to be issued.
Clearly there are a LOT of grey areas in all this, sort of like the US Tax Code.
Tim in Bovey
Tim, you have answered exactly what I was hoping to learn and I much appreciate it.
I was failing to grasp the distinction between posting a show as a podcast serving the general public audience, vs. posting it as a radio program exclusive to radio stations.
You are probably on mostly safe ground posting "Ooompah" here, since members are mainly broadcasters, and from what I see, most Part 15 stations have their own music format not polka friendly.
These discussions on the royalty maze are very appropriate to this website, especially since streaming is becoming a part 15 activity in itself, since all the computer components involved have part 15 tags on them.
Once something falls into the public domain, its copyright cannot automatically be renewed, so I don't think that that's the reason for some OTR shows being in the public domain, others not.
From what I can gather, at least in the U.S., a lot of OTR did fall into the public domain, as copyrights weren't renewed. But then some individuals or corporations came forward and claimed copyright to various shows. Some went to court and won, in full or in part (such as in the case of Lum & Abner). Others just threaten to take people to court for using what they claim is their show (even though the ownership has not been established in court), and the threat is often enough to stop its use. I think all of it is wrong, but those are the U.S. courts for you.
I am very thankful that I live here in Canada. Although our current (and hopefully, soon to be former) Prime Minister is threatening to change the copyright laws to come more into line with the U.S., right now they're pretty reasonable and are fair for both the artist and the general public (in my opinion at least).
Performances fall into the public domain 50 years after they're released. Songs themselves fall into the public domain 50 years (75 now, but in the OTR era, it would have been 50) after the last remaining author dies - so a good many of the musical standards that would have been used in the OTR era are in the public domain. And anything based on classical music is also in the public domain, such as the Lone Ranger shows.
Even a a lot of the early vintage jazz recordings are in the public domain.
I'm licensed with SOCAN so I don't have to worry about what I play over-the-air and stream, but others who don't want to do that still have music and sound recordings (such as OTR) that are in the public domain.
Most countries in history are founded based on sound principles and then get ruined by half-witted politicians who come along and put their own mark on it, which is to say that they spoil it.
Take the early days in this part of North America where proud and regal Indian Nations built highly sophisticated and civilized societies complete with smoke-signal broadcasting over large swaths of territory and pipe-smoke communication for more local calling, a predecessor to modern Part 15 radio.
Along came drunken ocean-going pirate politicians from the old country who invented phonograph records for the sole purpose of exploiting society, and it just keeps getting worse.