I recently visited BMI's website to download the form for part 15 music license, but cannot find it. Did BMI stop accepting the applications? Also is the other 2 (ASCAP and SESAC) going to start allowing part 15's to apply for license? Anyone have any feedback Thanks
I recently visited BMI's website to download the form for part 15 music license, but cannot find it. Did BMI stop accepting the applications? Also is the other 2 (ASCAP and SESAC) going to start allowing part 15's to apply for license? Anyone have any feedback Thanks
I recently visited BMI's website to download the form for part 15 music license, but cannot find it. Did BMI stop accepting the applications? Also is the other 2 (ASCAP and SESAC) going to start allowing part 15's to apply for license? Anyone have any feedback Thanks
Yup. They are gone. Now all you Chicken Littles who won't post your URL's can come out and play.
It has a 2005 date, so I don't know if it is can be used by there is one at: http://www.bmi.com/licensing/forms/part15_radio_license.pdf
When are you all gonna get it? You DO NOT NEED a music license for part15!!! The FCC,THE authority overseeing you,has deemed part15 is not broadcasting! Play what you want,unless you also want to stream it on the web-then you need a different license. And they will catch up with you there.
Whether or not you are "broadcasting" as defined by the FCC has nothing whatsoever to do with the need for a music license from the varying music rights organizations (BMI, ASCAP, SESAC). These organizations license the PERFORMANCE of copyrighted works. Whether you're playing the songs yourself in a band, playing a radio or CD player, or mp3 player thru a PA system or store sound system, in a restaurant, etc.. if you are facilitating the hearing of the music to other people, technically, and as supported by many courts and resulting fines etc... you NEED A LICENSE.
Please, know that I do not AGREE with all the fees, fines, etc but that does not change the FACTS.
If you have a coffee shop, and in that coffee shop you play a radio that is meant for customers to hear it, you need a license. If you broadcast part 15 or any other way, so that someone other than you can hear it, you need a license. Whether you're broadcasting for profit, you're a hobby broadcaster or a 100,000 watt FM station, you need a performance license. The fee you pay varies of course based on how many potential people can hear you, but you pay. A commercial FM station in a small market may pay several thousands of dollars a year. The same power station in a major metro area may pay several tens of thousands of dollars a year. Your local public station (MPR, PBS, etc) pays less because they're non-profit and educational (sic) but they still pay.
The form is readily available on the BMI site:
http://www.bmi.com/forms/licensing/radio/part_15_radio_license.pdf
I assume there is one for ASCAP and SESAC as well.
The performance of copyrighted works, in this case music, requires a license. "Broadcasting" has NOTHING to do with it. If you hang a speaker on the front of your house so passersby can hear your stereo, you need a license. Most bars, clubs, schools, malls, even cities, have licenses for this.
The FCC has NOTHING TO DO WHATSOEVER with copyright, music publishing, or license fees. The FCC cannot determine what fees or performance licenses you may or may not need anymore than they are able to decide if you should get a ticket for going 75 in a 55 zone in your car.
I have been heavily involved in commercial broadcasting for 35 years with extensive experience in programming and licensing. I've been a commercial broadcast engineer for over 25 years and am VERY well versed in FCC rules and regulations. I also happen to own a small music publishing company and a small record company. I am not a lawyer in these matters, but I have MANY years of experience directly involved with all these areas, and I have access to lawyers in the varying broadcast and performance licensing issues at my disposal.
The short version is if you are providing a way for other people to hear licensed, copyrighted music, etc. YOU NEED a license. Note of course that ALL music, once it's created IS copyrighted automatically by the creator. No registering of any copyright is required by law. In the case of most popular music that copyright is held by a publishing company, which is usually held by a record company and it's parent corporation. Note that thousands of artists create music, and although they have the copyright they make it available without going thru any publisher or performing rights organization, and they make it directly available to broadcasters, film makers, performers, etc. Search the internet for "open source audio" for some ideas, but there's tons of it out there in all styles of music.
Now, the odds that you and your part 15 station would ever get caught are not very likely, depending on how much you promote yourself and if people really notice you beyond your own circle of friends. Promoting yourself on the web is a VERY good way to get caught. The cost for apart 15 license is rather small compared to the fines and troubles you'll have dealing with copyright infringement.
Please, again, understand that I do not believe the system is right or fair, however this IS the way it is. With a bit of internet searching you can find tons of discussion groups all arguing this, but the fact remains ANY public performance requires a license. It is in NO WAY governed by the FCC.
Also, please note that a SEPARATE license is needed if you also STREAM your audio on the internet. So, if you broadcast music AND stream music and want to cover all music, you would actually need SIX different licenses -broadcast from each organization, and streaming from each organization. There are some streaming license deals available to commercial broadcasters that make it easier to license streaming but I do not believe these are available to hobby broadcasters.
Tim
Thanks for stopping by, Tim, nice summary of licensing.
My personal opinion is that if you're going to be doing experimental broadcasting, why on Earth would you broadcast what is aready getting air time 🙂
I personally love the idea of using music and other works that are produced by artists who are not in one of the guilds and who haven't been heard before, or as you said, open source music.
I'm going to reprint that sentence from your post above for emphasis:
Note that thousands of artists create music, and although they have the copyright they make it available without going thru any publisher or performing rights organization, and they make it directly available to broadcasters, film makers, performers, etc. Search the internet for "open source audio" for some ideas, but there's tons of it out there in all styles of music.
I like to use the Internet Archive to find various open source, "copyleft" and creative commons works
Internet Archive Music and Arts
Thanks again