As you all are probably aware I'm quite passionate about operating my part 15 AM station. I treat it like a “real” radio station, which is easy for me as I've been in the real radio business for well over 40 years now.
I'm also aware that among us there are many different motivations for each of your stations. Others take it very seriously, others make it a great hobby, and yet others just sort of putter around with it, or don't even broadcast but enjoy the study of the technical aspects. To each his own.
There are those who would rather not see you operate a Part 15 radio station. Neighbors who may listen and not appreciate your choice of music or political stand. Other radio stations. Listeners of other radio stations who may be interfered with. Among others.
It's very true that commercial radio people may not much care for you and want to do whatever they can to stop you. There are really only two legal options available to them. One is to hope you violate some FCC rule and they can get you busted. The other is to call their ASCAP or BMI rep and tell them you're on the air with unlicensed music.
Now, as I operate my station as a valid business I want to make sure that I'm as legal as possible, and I want to make sure that I have the necessary documentation to back that up.
I run a certified transmitter. We know from tests that certified transmitters may not actually meet the rules. But at least on AM checking input power and antenna/ground specifications is not nearly as difficult or expensive as determining legal field strength of an FM transmitter. I am secure that my installation is legal.
But how about your music? I know this is a huge point of debate. The bottom line is, if you are playing music with the intention of the public listening to it, it needs to be licensed. This is one of the most popular items to debate in many circles where music is used. I've been dealing with music licensing for over 40 years. I deal with copyright in other matters on an ongoing basis. I belong to ASCAP as a music publisher, and have my own (very small) record label. I have had my own copyright attorney for over 15 years. I've been involved in licensing music for radio for decades. I have my own beefs about the system, the costs, the fairness, just like all the rest, but that doesn't change the facts. Music presented to the public must be licensed. This is one way a commercial station or other enemy of Part 15 broadcasting can spoil your day.
One simple phone call can have you on your way to court defending a very expensive claim for copyright infringement. Even if you think you can defend your right to free music it will cost you a lot in time and money. The PRO's (performing rights organizations) are very good at getting money out of you and very good in making sure you don't use it again without a license.
I'm not writing this so we can debate if it's right or wrong, or if it's fair. It's how it is.
Music licensing doesn't depend on if you're making money. For commercial radio the rate charged for the licenses is based largely on the sales of the radio station. Clearly that can't be used on a station that doesn't sell any advertising. But there ARE minimum rates that apply, and those rates and the rules for them depend on which organization you're working with. To have access to virtually ALL music in the USA, you need a license from BMI, ASCAP and SESAC. I sell advertising. If I sell much more, my rate will go up.
Clearly the PRO's aren't quite up to speed on the concept of Part 15. Until fairly recently Part 15 has been considered a personal medium. Grownups weren't buying certified transmitters with the intent of broadcasting to their neighborhoods 30 years ago. If you've followed any of my previous posts on the subject, you know that BMI has had a Part 15 license form on their website for several years. I completed mine and sent my check before I went on the air over two years ago. In an attempt to be ultra-legal I basically harassed ASCAP for nearly two years with no real response. But you can be damn sure that if their agent came through town and heard my music, they'd be tracking me down. So I have made all efforts to cover my butt, mostly by keeping a paper trail of letters and emails trying to get the paperwork done. Finally they put a LPFM or “experimental radio” music license form on their website, which I completed, attached a letter explaining what I was actually doing, and sent a check. Still waiting to see what the result is. But if the ASCAP guy shows up, I can show the completed form and the check. Proof that I tried in good faith, and with due diligence, to license their music. SESAC, when I inquired, sent me a waiver as a low power experimental/educational operation.
I believe that being pro-active and getting something in place for legal Part 15 music is important to protect us from those who would try to stop us. If the music rep happens by it's nice to be able to show “yup, I'm licensed”. Unlike the FCC you're not going to get a NOUO, you're likely to get a lawsuit.
This is generally where someone will pipe up with “there are millions of Part 15 transmitters for ipods etc. out there, they better start busting them too”. The main difference here is intent. If it's clear you are broadcasting with the intent that the public hears it, you need to be licensed. If you're not, why the heck are you on the air? Listen to your station. Does it sound like a radio station? Even a bad one? Then you better be licensed. A Part 15 transmitter that my grand daughter buys so she can hear her smartphone through her bedroom radio is clearly not broadcasting with the intent to reach the public, and in most cases those transmitters aren't going to be heard outside the house anyway. Then, someone usually pipes up “how about all those bluetooth devices playing music over the air”. Again, the intent is clearly for personal use. Just how many people are randomly finding your bluetooth signal and then pairing their device to yours to listen in? You can't scan a dial and tune in bluetooth stations, and you have to give their device permission from your device to hear it.
I will say, the price for an ASCAP LPFM/experimental station is substantially less than the minimum for a commercial station, and the BMI Part 15 license is about half the minimum fee for a commercial station.
Remember your STREAMING licensing does NOT cover over the air use of music, and your over the air license does NOT cover streaming. Streaming is an entirely different subject that I may tackle on another day.
Public domain music is an interesting concept and many bring this up. There are NO public domain sound recordings in the USA. Songs themselves prior to 1922 ARE in the public domain, but the recording is NOT. So if you'd like to perform them yourself, or hire a band to do it, you can use public domain songs. However, and my attorney concurred on this – radio does NOT pay any licensing to the performers on a record. Hence radio could theoretically play recordings made after 1922 as long as the song being performed was written before 1922, but you should have documentation that proves each song you play was indeed written before 1922. However, STREAMING licensing DOES pay the artist, so NO sound recordings in the USA can be used for streaming without a license as the artist or their surviving family or publisher still gets that money. Even if the SONG is in the public domain, the performance/recording will NOT be. So if you're trying to run a station on PD music, you can't be streaming without a license.
It's easy for a station like mine to be discovered by the PRO's. I advertise. I have an office with big signs, including neon, I have adopt a highway signs out on the highway advertising the station. I believe if you're going to be on the air everyone who CAN hear you should KNOW you're on the air. What's the point if you try to hide it? So you need to be legal and cover your butt.
EVERY performance of music intended for the public has to be licensed, there's really no exception. A local coffee shop had “open mic night” for years. Until the ASCAP buy stopped in for a cup, and jotted down what songs he heard that night from the ASCAP library. They had no license. Open Mic Night came to an abrupt halt. Fortunately he didn't go after them for back due fees, but they had to stop having music. A few months later, they had their licenses, open mic night was back, and they also have music on other occasions as well.
My Dad passed away last year. Dad had always said he wanted Elvis singing “Peace in the Valley” and the Dukes of Dixieland doing “Oh Didn't He Ramble” to be played at his funeral. So, we did. Curious, I asked the funeral director if they were licensed for such performances of music. Yes. They had licenses from all three PRO's on hand.
Today I talked with two friends who are music directors at churches. Both stated their churches have licenses for music performance. Naturally most hymns etc. are public domain, but how about a wedding where the bride wants a Celine Dion song? It's covered.
Then someone usually says “well, I have parties at my house and play my CD's and I don't have a license”. Nope, and you don't need to, as this is still considered a private use. Open that party up to the public and you may get a surprise. Of course, you'd have to get caught and that's not too likely. But if you're broadcasting that's another story!
Like anything else you can balance the odds of getting caught with the benefits of not licensing your music, just like if you choose to run an illegal transmitter, you run the risk of a visit from the FCC. Just like if the speed limit is 30 and you prefer 40, you take that risk. A speeding ticket is a lot cheaper than a music licensing lawsuit.
To further the strength of Part 15 broadcasting I encourage you to make sure your transmitter AND your music are legal.
I will post accordingly should I learn anything more about Part 15 music licensing.
TIB
OK I'm not trying to be argumentative and I know you mean well being in Radio 40 plus years so I'm sure your very passionate about having every part 15 station paying up the rears for a music license. Truth is that if every part 15 station were intimidated into a license 95% of them would go dark. All this does is to silence any would be hobbyist who has the dream of Radio. Plus you may be giving ideas to the enemy itself which is not your intent I can be sure of that. So I'm not making any accusation there just to be clear. But now that the can of warms are open I'll say this. You can advertise your station without giving out the real address of it. Even if it were not for the RIAA I thought of that for safety. Why do you think I use a Google Voice number and not my Real cell phone number or a number that can be traced to me by a hacker? Because I live in an area that is very close to Crack Town. So if someone who smokes crack knows I run a Radio station its OPEN SEASON on me as to Hey this guy is Rich he runs The Legacy. We'll rob his house at gun point and steel his equipment and sell for crack. This alone is why if you value your safety and your life where I live you keep your antenna concealed and your REAL address hush hush. Since your transmitter is NOT over the limit the FCC would not give that info to a organization WITHOUT a warrant or court order. Just ask kim dot com who ran a file sharing service and the pro's had his house raided and guess what the PRO's got in trouble for unlawful practice in the way they tried to kill Megaupload, which has legit uses not just Piracy as legit companies used that service. Now Kim dot com and his customers, who want access to their files is going after the RIAA and planning to sue them out of existence. I've donated to his cause to help his legal fight to kill off the RIAA for GOOD and keep them DEAD never to return. I know way too much about them and things they don't want to disclose to the public Pandora is fighting for the right to play music and not be charged over 100% of their revenue. Not only that again your station is not licensed so again unless the FCC has a beef with your transmitter's output their not going to worry about the RIAA's agenda. They would have to file a motion in court to subpoena the FCC inspector (If he feels your station is over in the first place and inspects you). By then I'd be at a new location. And they would have to file all over again. I'm passionate about my hobby just as some may want to be passionate about making things hard for me in a poor attempt to shut me down I've done my homework on the RIAA for 12 yrs. Being a part 15 broadcaster should be taken seriously I get that and I hope soon we can get an umbrella music license like Radionomy or StreamLicensing. But it would most likely force all of you to play ads for every 3rd song or every 15 minutes with 3-4 minutes worth of ads to pay for the station. That is if you can get a syndicated show on a Radio Group. It just would not really make sense for any of these organizations to go after part 15 (Unless you live in a police state like Connecticut or right near RIAA headquarters in California). There are many conspiracy theories about part 15 and how Big Brother is after all the part 15 stations. Hell they can't even control Big Radio pirates who clearly have listeners and will not be licensed to play music and don't pay royalties. Yes I see reality on this and I'm not paranoid to broadcast. I don't and won't even play most of Today's music so again I doubt any real hassle would happen. But again all of this throwing ideas to the enemy who knows. I'll contact my Radio Group that I have friends with who have Licensed On Air stations and see if I can't get a partner ship with them. If I somehow syndicate my show maybe I'll get a Royalty license that way. They play my show on their Album Rock station and its licensed for syndication then I'll have my butt covered. This is not over because I can bet now these folks will play monkey read monkey do. Now lets see how many part 15 stations go dark in view of this bulletin about a crusade to be sure all part 15 stations pay music licenses to the same extent as a commercial station. May as well bang pans and sing Ga Ga Goo Goo oh but wait singing you still pay royalties to the first parents who's baby sang Ga Ga Goo Goo.
You're all free to do what you want. There are thousands of Part 15 stations. By not licensing their music they're breaking the law.
Not even CLOSE to having to pay like regular radio. The stations I work for paid $33,000 in music fees for 2015. I paid under 300.
It's really not much different than any other hobby, hobby business, or business. Lets say you decide to build hot rods for your hobby. You can steal the parts from the speed shop, or you can buy them. The logic above would hold if "a lot of hot rodders would quit building cars if they had to buy the parts".
I'm saying this will be one angle a commercial station or other foe of Part 15 can use against a station. All it would take is one 30,000 music lawsuit and a lot of people would be hurting.
I venture to say anyone who wanted to find your station could do so before lunch.
I'm being proactive and heading off trouble. Whatcha'll decide to do is up to you.
Remember there is NO connection between the RIAA and BMI, ASCAP, SESAC except they involve music. The three PRO's ONLY represent song WRITERS. They collected money does not go to artists (unless they're writers too) it does not go to record companies, and it does not go to the RIAA. The RIAA goes after pirates who in the sense duplicate and share physical music be it LP's, CD's, mp3's or whatever. The RIAA will not come after a radio station for playing music. We have several different entities involved here. The ones terrestrial radio cares about are the three PRO's who pay the writers and only the writers.
It's up to you if you choose to follow the laws. However I believe that broadcasting unlicensed music makes you as much of a pirate as running an illegal transmitter. Either are breaking the law no matter how nobel the cause might appear.
Interesting concept, radio with no commercials. Great if you like to foot the bill yourself. But that's why the licensing rates are much lower for non-commercial broadcasting.
TIB
Well now, we all have our politics and opinions about things, and seeing this more recently as I get to know the board, maybe it's a good time to reflect on how we could treat others with greater kindness, the famous and notorious personalities here, and on other sites.
Tim Said: It's up to you if you choose to follow the laws. However I believe that broadcasting unlicensed music makes you as much of a pirate as running an illegal transmitter. Either are breaking the law no matter how nobel the cause might appear.
I said: Agreed.
This is a huge grey area to me. Tim has some very logical points, and to the letter of the law he is correct. Tim is running his part 15 as a real station and following real station guidelines. He's running it as a buisiness which has gotten enough success to warrant coverage on the cable TV system. He is high profile and has measurable success, so he pays as he should.
That being said, for the rest of us who aren't so high profile or pro, Do you really think they have nothing better to do than to search for AM stations running power levels barely above the noise floor? Stations that struggle to reach a 1/4 of a mile in most cases? That would be madness. The likelyhood of ANY "PRO" agent coming to YOUR town, stumbling somehow if by magic onto your frequency, somehow within the small coverage of the transmitter, AND knowing its not up to kosher on music payments is nothing short of a miracle. I'd really venture to say the odds are in our favor, and greatly outweigh the costs.
A vast majority of Part 15 stations would never be able to afford music fees, even at greatly reduced costs. I'd venture to say 99% of Part 15 radio stations do not pay music fees.
Looking at lawsuits, we have no assets. They know this, the cost of suing a part 15 station would cost them more than they would get back. Its not in their best interest to go after a part 15 station.
This all totally changes however when advertising and the internet become involved.
Now you have assets, assets made off THEIR content. Now theres a reason and some profit. If you stream online you need to pay up, which I do.
I'm all for paying when payment is due, I just really think its a waste of time and money for a regular part 15 station.
I do have a question for Tim, how much do you pay for music on TV?
Music Licensing does not cross platforms. IE, just because you pay the fees for online streaming does not mean your OTA signal is covered, the opposite applies.
Likewise, your syndicated program would be covered on THEIR station, but your station and the show itself would not be.
Also, Tim is correct. Low power signals are laughably easy to locate. I could probably find your transmitter location in 10 minutes if I lived nearby.
Of course you have assets if served with a lawsuit for broadcasting music without a license. Unless you're incorporated (which kind of defeats the argument that you can't afford to pay the fees), they can go after personal assets.
I don't understand why there is so much handwringing over FM pirates in some Part 15 circles, and yet it's apparently OK to pirate music by playing it over the air without a license.
Just a suggestion, but that could be why Part 15 broadcasters sometimes are lumped in with those unlicensed broadcasters who have signals well above those limits. It's not just field strength or power that makes a pirate.
When the RIAA is put to death and forced to CEASE all the gathering of IP's because it has been PROVEN that an IP address is not concrete evidence they will have to pay TONS of legal fees. So Will Sound Exchange because they tried this with some Internet stations. Even went after some LICENSED STATIONS and after they rechecked their records they were made fools out of. Some Shoutcast stations did file harassment charges against Sound Exchange and BMI. In fact just recently StreamLicensing had a case against BMI so too did RadioLoyalty. Believe me if you know the right people you can sue them right back for Class Racketeering charges. You make NO PROFIT, promote and help sell their music and yet they want to double dip. It is no where near the same thing as stealing a car, car parts, a coat. File Sharing MAYBE but its their own darn fault when Napster and Kazaa wanted to start an Ad Supported File Sharing service where the artists got paid per Download but you had to listen and watch ads before your Download began. But they were called Freeloaders by the RIAA and the PRO's. Bet now the folks at the RIAA wish they had an open mind and are singing a different tune now. Think of all the money they wasted in frivolous lawsuits(Many got them nowhere), the “Downloading is Piracy” ads what a laugh me and my friends use to yell “Give Me Your Smartphone” making the whole theater audience laugh and smerk at the ad. Spotify is almost what Napster wanted to do long ago. I'm a disabled person getting my Electricity cut off every 3rd month because of family medical issues. If I had money to burn it may be different. Call me a Pirate all you want but I provide a Service other than Rap and Top 40 for a few folks in the neighborhood who may go to the store or online and buy some of the albums that were blocked by Top40 and jungle Rap Music. And especially on AM because I'm bringing it back for the food stamp folks who can't afford an FM Radio but could buy an AM receiver for $5 at the dollar store. The fact that the Pro's never started asking Live 365 to pay Royalties before the circus escapades against file sharing is again laughable and now even more so biting the hand that feeds Radio like a Rabid Dog. Even our lovely foe's at the NAB are fighting against the idea of Radio stations having to pay Royalties. Carl's idea of reverse payola is not an idea he came up with by himself. The Anti RIAA establishments I'm a member of has preached this to the American folks who swallow the swill that the RIAA has been shoveling into their mouths for over a decade. Someone has to wake America up. I know these things are drilled into our heads everyday now it has been taking over academic classes in Schools. Yes the members of the RIAA and the PRO's have attended schools and started their crusades. Some parents got ill and petitioned to stop their madness in schools. Sorry for my rant once again but I've heard it all for 12 yrs and when I attended protests in Michigan outside Record stores and Electronic stores and even some of the owners agreed. If I run my station on Cable TV well then it becomes a Business and the Hobby is gone at that point. Either myself or the cable company hosting my channel requires a license. If a satellite Radio station takes on my station I or XM Radio (Or Both) would have to have that license to play copyrighted music. I get that. For Now since Internet Radio does cover so many people they want to charge a small webcaster who does not make a profit. Again this case is different in some ways. Still I feel as Carl has said they should pay me for the promoting of their stuff not me pay them to promote their stuff. I guess some will call me a freeloading Pirate. I don't feel that way. That sort of idea will encourage folks to fire up their 50 Watt transmitters and have at it after all if your gonna get busted may as well make it worth while. Again just venting don't really do this but you see where I come from (I Hope). At the end of the day I can bet 99% of the part 15 population will continue to do what we do. And yes I know how to trace a signal. Done it with Walkie Talkie's years ago. I doubt MOST copyright trolls know how to use a high end Stereo let alone track a signal.
A large thank you to Tim for the in-depth collection of knowlege and experience with copyright licensing issues for Part 15 radio stations that play commercial music, as well as the whole other set of copyright requirements for streamers and their licensed music.
The comments made by Tim in a previous post about licensing considerations for the Oompah Hour were helpful in bringing me to a better understanding of the third dimension of responsibilty for self-made programs and podcasts.
It gets even more complicated.
There are Part 15, licensed radio stations and streamers who are not required to pay the copyright royalty collectors, and those come in two types:
Some broadcasters intentionally seek and play copyright-free music from indy (independent) musicians who are not affiliated with the royalty houses, more free music from Creative Commons, Community Audio and, of course, self-generated music. These are not the hit records, but it can save a lot of money.
Next in line are talk radio stations with no music at all, or some programs where the producer has obtained permission to use certain music as theme beds, at the front and back-end of a talk show.
If this massive and confusing subject can be boiled into an episode of the Low Power Hour it could be a helpful program, or the world's biggest snooze.
<my opinion>
Just put yourself in the shoes of the artist (and in the case of Canada, the performer).
I bet attitudes towards paying for the use of your song would be a lot different. Why should anyone be allowed to use your hard earned work for free? Would you be willing to donate however many hours it took to write that song to your current employer for free?
For many, composing is their primary source of income. I really don't understand the attitude that if you can get away with it (as is the case with Part 15 broadcasting, where range is limited), then you shouldn't pay for using a song. If you won't pay, or can't pay, then you shouldn't use it. Period. There ARE other license-fee avenues to pursue if you want to broadcast, as Carl points out. And in Canada, unlike the U.S., there ARE both songs and recordings (lots of them, in fact) that are in the public domain (mostly old jazz).
The only beef I have with the music licensing bodies, at least in Canada, is that the money they collect doesn't get distributed as fairly as it should - it is oriented more towards paying the major artists, as opposed to the little guys (who need it more). But that's a system problem that is currently being looked at (again, at least here in Canada).
</my opinion>
Its the same in the US Artisan. We have a long history of musicians getting royally screwed by the system.
Simply put with an income of only 750/mo and I'm not allowed to make more than a very limited amount of money each month, I would be forced to simply shut down and sell everything. As it is I may be forced to shut down the end of next year if the Republican poison pill legislation added to the ssdi rules isn't fixed. Simply anyone receiving ssdi will take a 20% pay cut the end of next year and I just won't have the funds to run it out of pocket anymore, will likely have to give up my cell, cable, internet, and cut back on utility usage meaning turning off the station. If I was getting a couple thousand like many ssdi recipients it would likely be a entirely different story, I could then afford a hundred or so a month to cover all 3 and streaming. This is simply a hobby and I can barely afford to cover the utilities and equipment upkeep.
I feel the burn here too. My greedy Step Mom who goes on vacation every other month from VA to Michigan and then too has a 50 K time share had to get greedy and start collecting Dad's part of my SSDI Adult disabled Child benefits. My Wife being disabled as well I was able to get married and still earn altogether $800 for my part of the income. When she started collecting my Income was cut to a mere $500 and some change. I get a whole whopping $16 for food stamps and live in an area where the rent is $1,100 per month. Now we have to get other room mates here in Elizabeth City just to hold our head above water. I lost my home after my wife got sick, the car I bought for my wife, My HDTV's, My $7,000 Stereo system I absolutely loved and after my wife had a nervous breakdown after dealing with the bills and surviving cancer I got a mere $25 from a lady who wanted it and would only give me $25 for the hand held Pro 90 Trunk Tracking scanner and a nice Sony Boombox (my ONLY FM Radio at the time left) altogether as a bundle. I was desperate at the time. Just to have gas money to travel 2 hrs to visit my wife at the hospital in Ahoskie, NC. Then I even had to beg for food at the food bank and plead with my wealthy parents who refused to help, ask for donations on air and stoop low enough to pan handle for money so I could eat and not be on the streets. I know what it is like to lose EVERYTHING but the clothes on my back. I hear the choir preaching about Sacrifice from my Stepmom while she is living gloriously and bitching how broke she is as she lives like a Queen. I encourage all artists to go Independent as the RIAA is NOT their savior they are Satain himself dressed as Jesus Christ to fool the public into believing otherwise. Even musicians have complained about how they have got screwed. But the economy is bad and being a musician should be a Hobby at best not a career these days. Just as being a Radio announcer is quickly being replaced by automated Radio and those jobs are far less. Again I get it but the artists need to stop blaming us and try and distribute their music using their own computers to record their music to Mp3 format and sell the songs that way Times have changed and its time to adapt to the changing times. Skip the recording industry its no longer needed with computers anyone can record a song with the right software and make it sound super professional. The sooner the artists realize the record labels are not needed they will find ways to make a killing at 100% profit. Radio could be the very key. Once this happens and the light has finally shown you may actually see better music known by stations like ours. And I've read and heard that real musicians make more money from concerts than records or should I say CD's and digital media. They need to use Radio as a sales tool.
I'll keep my station going one way or the other. I'm adamant about this. I too collect SSDI but that won't stop me. I'm not about to let greed get in the way of it. It sounds harsh, but there is not much left in my life to enjoy and the station would not be here if it were not for listeners that have Donated to it. Even my part 15 transmitters (Especially the AM one) were a Donation. The new Radio I have for receiving and tuning in my station's antenna and transmitters was from a good heated person here on part15 dot us. I am thankful for the folks who see this as a precious treasure for not only the hobby I enjoy but as a Service to real Rock music lovers. Yet some may always see me as a Pirate. Well that is Okay as well. Doesn't change anything here. I feel the burn, but go to the source of the problem where as one man at the top makes all the money and the bottom folks who do the grunt work get treated poorly. Its not the Radio Stations that is the issue they should actually be worshiped as Gods and the DJ's should all be served as does Prince Charles and Princess Dianne was when she was alive. Yes I said it the Radio stations should be God and the artists heed to Worship them as Gods and be thankful we think their music is worthy enough to darken our turntables or the drawers of our CD players or worth the Data on our hard drives to put onto them to play as well.
I'm just putting the facts out there.
Yes, there is public domain music. It MUST have been written before 1922. You can broadcast it free, but you can't STREAM it free, unless you or someone you hired is performing it.
Yes there is a TON of great Creative Commons and independent music out there. Lots of it. Some good, some bad, just like the product from the majors. Much of it deserving of play and being discovered. But to some extent most won't get played because radio either wants to play what's already poopular, or what has been popular, and few will try to run their station based wholy on unheard of music. There are several sources for CC music. You of course can use all the music you want from independent artists who give you permission. If I write a song (eeewww) I still own the copyright even if I have nothing to do with any organization or company. And if I hear a radio station play it and I didn't give them permission, it's still a violation of copyright law. You can be fined, and if I've registered my copyright I can sue for damages. So independent music still requires permission. Creative Commons has several levels of license but most of it is clear as long as you give attribution for the song.
Interesting. Copyright trolls. If I rob your house and you or the cops come looking for me, are you then "theft trolls"? If I come to your gas station and fill up my tank and drive off and you come after me, are you then a "gas troll"?
ASCAP, BMI, SESAC only pay WRITERS. They have nothing to do with the labels or the artists or the RIAA. Unless of course the artist is also the writer. At this time in the USA terrestrial broadcast radio pays ZERO dollars to the artists or the labels or the RIAA. ZERO dollars. So rants against the labels and RIAA have NOTHING to do with paying the ARTISTS through these three performing rights organizations. Note that the song WRITERS do NOT go out on tour selling out stadiums. They do NOT sell T-shirts with their name or logo on it. People don't put posters of songwriters to hang up in their bedrooms. Radio pays the people who WROTE THE SONGS for the right to use THEIR work on their radio stations. It's like anything else that is copyrighted. If I take a photograph and Time Magazine wants to use it on the cover, I expect them to pay for that right. If they don't pay for it and I see the issue on the newsstand, I'll be suing. I'd be a copyright troll, darn me anyway.
You need to look past your hatred for labels, the RIAA, and apparently those darn greedy artists, and remember the ONLY people radio pays are the song writers.
Maybe some think it should be free, then convince hundreds of thousands of song writers of that. Or just play the free music. Until the people making the Creative Commons music decide they actually need to earn a living for their time and effort.
Lets say your station has a library of 200 completely independent songs on the playlist. That means you need permission from 200 songwriters, obtained individually, by you, to use them. Independent writers still own the copyright to their music.
I can't tell you if any Part 15 stations ever get caught. It would rarely make the news and those of us here would only know if it happened to one of us and it was posted. Clearly there are a LOT of stations that aren't here. How many local bars, coffee shops, retail stores, malls, etc have you heard about getting busted? Not many. But if you Google things like BMI or ASCAP lawsuit, or BMI and ASCAP lawsuit with "bar, store resturant" etc you'll these guys DO travel and DO listen to radio, visit public places, and depending on the situation insist they stop the music and get a license, or if it's been a long standing blatant violation, they start lawsuits. Remember too that the PRO's do not make up the rules or the laws. These are backed by FEDERAL COPYRIGHT LAW.
Now, you can find plenty of articles how these organizations are theiving maniacs, greedy bastards out to destroy the world and steal all our money. That does NOT change the current LAW or the requirement to pay to play.
As I say, it's just like speeding or any other violation. You evaluate the risk you're willing to take and hope for the best.
What I am advocating is making your station as impervious as possible to being shutdown, and the two legal ways that can happen are unlicensed music and non-compliant transmitters.
Clearly some of us have different fears. I do not fear anyone finding my station and breaking in and swiping stuff. I do not worry about haters trying to jam my signal. I find no need to try to hide my station from the public. they key to successful broadcasting is to make sure everyone who can hear, at least knows you exist so they have the option to listen if they so choose. My only fear is legal. I think we can all find examples of Part 15 stations being discovered and questioned by commercial broadcasters. happened to me even when I started this up. Guy went nuts because I was illegally selling advertising on a hobby station, and I was clearly a pirate. I have the opportunity to reply to him. It's all posted here someplace. Had he really wanted to he could have called the FCC, who would have found me legal, and he could have called the PRO's to say I was illegally broadcasting their music. Had he done that, in my case they would have discovered that I was already covered by SESAC and BMI and had done everything humanly possible to get things covered by ASCAP. This would have shut down any of his possible legal avenues to stop me from runing my station.
TIB