Total posts : 45366
Mighty1650, there’s a big difference with all those FM transmitters that only go a few feet – they’re meant for personal use only. Presumably, if I have the music already by purchasing it (or really, paying a license for personal use), then I (and only I) have the right to listen to it. In the case of Part 15, if you’re broadcasting for the general public, no matter how few of them might be able to pick up your signal, then that is a different scenario entirely. At least according to the U.S. rights holders.
The fact that BMI (in the U.S.) has a Part 15 license demonstrates they indeed know about Part 15 broadcasters, and want to be paid.
Here in Canada, we have to pay not only the artists (those who are credited with creating each song) through SOCAN, but we also have to have a performance license as well through ReSound. The only saving grace is that our copyright laws are significantly different than those of the U.S., and performances (specific recordings) go into the public domain after 50 years. So as of today, if I only play recordings released 1964 or earlier, then there is no ReSound licensed required. Luckily that’s the music I’m most interested in – obscure teenage-oriented pop music from the late 50s and early 60s.
When I approached SOCAN, they actually agreed with the argument that you have used. They weren’t interested in the over the air component of my station (even with the relaxed Canadian FM rules, the range is so limited in urban areas (i.e., my townhouse complex) that I’m essentially broadcasting for personal use. They did want me to get a streaming license, the costs being associated with revenue. Since I have chosen not to generate revenue (at least in Artisan Radio’s current incarnation), the amount I pay is the minimum (C$100.00). Which is not too bad, considering that the license allows you to legally obtain the music you are going to play by any means you deem fit, from ripping CD’s to downloading from the Internet.
But if I was going to generate revenue from my station (and I have in the past), then I would (and did in the past) gladly pay the artists who assist in the generation of that revenue.