Now Some Serious Stuff: LPFM Music Licensing

For the streaming you can go through StreamLicensing.  But you'd still have to go through ASCAP and BMI for on air I think.

There's a 3rd one as well - SESAC I believe.

There's a 3rd one as well - SESAC I believe.

and it's about to get worse, i think the rights organizations are pushing for another compyright tax on streamers and stations. i forget what it is about but i think there will be a 4th agency created out of it you will have to pay if they pass this new tax.

Marvin from StreamLicensing has been fighting this big time.  I know a few friends who stream and they say if it gets too high their going with off shore servers and publishing their stations on off shore Radio directories where they don't have any copyright rules at all.  Some countries don't pay kindly to the USA's greed and won't give up the IP addresses.  Its who MyRadioStream, Listen2myradio, Radioo.cz all have FREE shoutcast servers you can use.  And the CZ one you have to use a translator but you can get a FREE server that way.  So many ways to get around it.  I'm not going to stop streaming either.  I'll try and get the donations I need to keep going.  If Marvin gets his way we may not have to pay at all or what we do pay will be given back due to ads we play.  My station is sort of like that now.  I have a partnership with the CDN network I use so I think their gonna continue to help with my station.  Plus I have another well known business who's given 100's of dollars to my Album Rock station.  People pay heafty donations to Album Rock stations that refuse to repeat the hits only like I do.  Not afraid to tell the kids to go elsewhere if they want to hear something that is not Album Rock and I've been given Kudo's from Real die hard Album Rock fans for my strict stance.

As it is right now, legally, ANY radio station broadcasting with the intent of the public being abot to listen has to pay BMI, ASCAP and SESAC. That pays the writers of the songs which, at this time is the ONLY rights that must be paid by radio in the USA.

If you are streaming you also must pay SoundExchange. 

I can't give you specific information on costs, etc but all this information is available at the websites of the various organizations. 

Yes, there are places such as StreamLicensing that will cover your streaming costs as part of the fee you pay them.  This requires broadcasting in such a way that artist and title, as well as number and duration of listener statistics are piped to them. StreamLicensing and all the others that provide streaming services do not in any way cover the licensing for on the air rights.

I can tell what we do at the "real" radio stations I work for.  We are a 5,000 watt AM and a 100,000 watt FM, both commercial, sales over 1 million yearly.  WE have the standard agreements with BMI, ASCAP and SESAC, and have our streaming handled by Securenet Systems ( http://www.securenetsystems.net/) who handles our streams, builds us apps, etc.  They're not the cheapest but the station owner decided their services were right up our alley. 

It is possible to do it all yourself, as well which can be cheaper. Obviously in all cases you're going to have to take care of BMI, ASCAP and SESAC yourself by setting up accounts and negotiation your rate. I *believe* that if you are on the air and add in streaming not only do you pay SoundExchange but I believe the rate for the other three is a bit higher. 

I would look over the three websites, get licensing in place for the LPFM and inquire about streaming rights. It will be cheaper if you roll the PROS (Performing Rights Organizations) rights for on the air and streaming all together when you initially set up the licensing. Then decide how you're going to stream -- so you know if the provider will handle the rights as part of the fees, etc. 

Unless of course your stream is only there to provide audio to the transitter and not open to the public, in which case stream license is not a factor.  But it must be a secure stream. 

Tim

Interesting, as well to note that BMI is the ONLY one of the PROS that is "Part 15 ready" and has a handy Part 15 License form on their website, AND also has a "streaming rider" on the site as well, for $145 covers streaming of BMI music for a year.  Which means, you could use ONLY BMI music, and be legal for on air and streaming without messing with all the other technical BS involved. Of course you limit yourself to about 40% of the music out there, but it sure makes it simple. Broadcast and stream with no reporting and no data or audience reporting.  Be nice if ASCAP would do that too. 

Tim

That's a little over $12/Mo when you break it down.  If it covered the stuff I played I get it just to make them happy.  But I'd still have to have all the other licenses too and that is bad.  Yup at least they have it done the right way.  Wat needs to happen here in the stats is something that the UK has a PRL license that covers it all and its really not too bad.  We'll see how this pans out next year.

Remember now the stream rider from BMI is an addition to the standard broadcast license they issue for Part 15.  For broadcasting you pay $245 a year.  Then if you want to stream you add on the rider for $145 a year for a total of $390.  This allows you a blanket license to broadcast and stream ALL BMI music for the year. That's $32.50 a month, or about 1/3 what my cable TV bill is LOL.  You can't get just a streaming license. It's an add on to the broadcasting license. However you can get just a broadcast license. But I do like the fact that BMI actually has a direct link to their Part 15 form right on their radio licensing page -- acknowledging that we do indeed exist which I think adds legitimacy to our cause.    http://www.bmi.com/licensing/entry/532996?q=Radio+Station   See the right hand links. 

Tim in Bovey