- Posts
Is anyone clear on the legalities of airing and streaming of copyrighted songs that were performed by local artist and bands?
Is anyone clear on the legalities of airing and streaming of copyrighted songs that were performed by local artist and bands?
I found some reference classified under ‘fair use’ here: http://www.copyright.gov/fls/fl102.html and in the documents linked to it, – which by the way is similarly as vague as part15 can sometimes be…. but the bottom line is, I’m still unclear on if I could legally broadcast a local band playing (ie:) Sweet Home Alabama.
It would seem to me, that if it’s legal for it to be performed in public settings on a regular basis as it is, then it would equally be legal aired.
But that’s just my speculation.Comments anyone?
Total posts : 45366There are 3 music licensing companies for broadcast and one for online streaming. BMI, ASCAP and SESAC are music licensing companies that collect copyright usage fees for writer and composers for over-the-air use. To date, only BMI has a licensing contract for Part15 broadcasters. However, unless you sell commercials or make money from playing licensed music from BMI, they haven’t required Part 15 usage to be licensed.
Online streaming of music is licensed by Sound Exchange, who collects fees for the performers of the music. This is essentially a performance fee that goes to the artists. Each time a particular song is played for “public performance” on the internet a fee is charged based on the number of listner hours in a specific period of time. Rates are currently set by the Library of Congress.
Bottomline: If you are playing the music in public performance to make money, usually a fee may be required. Different fees for composers and artists, for online streaming or over-the-air. But, if your Part15 station isn’t making money on the broadcast of music, it is considered private listening/consumption or fair use.
Total posts : 45366Marshall, Perhaps I wasn’t clear with my question.. I’m understand about BMI, ASCAP and SESAC..
My station will not be airing any copyright material at all.
The music aired will feature only local bands and musicians.
However, as with most barroom bands, often a majority of the songs they perform tend to be their own renditions of already famous songs.I’m talking strictly about local bands – but sing and play well known songs.
Total posts : 45366The words and music are protected as well as the original performance. The cover band performing the work (if paid for the gig) and the venue (if there is a financial benefit – including selling food or drink to the audience) are supposed to get a guild license for the cover performance.
Your (all of our, for that matter) low power stations are considered something called ‘yardcasters’ by the guilds and they are not too interested in us.
Streaming is an entirely different matter and extremely messy. There is no yardcasting consideration there because a stream can theoretically reach every internet connected PC on the planet. Podcasting is also a sticky wicket, with a theoretical fee of a dollar per protected work per download.
Broadcasting that local cover band is likely A-OK. Streaming and podcasting should probably be avoided.
Total posts : 45366Streaming music is the most serious problem faced by small operators. Even a rational fair use of music can find itself under a law suit from the licensing organizations, in which case the “fair use” will be decided by a court and not the small operator. The licensing companies offer a “plea deal” in which payment of a few thousand will make the problem go away, usually less than it would cost to pursue legally.
However, it is true that if one can obtain permissions from copyright holders, the letter of permission becomes a license for use of certain material, but this is complicated by understanding ALL the permissions that may be needed. If a local group gives permission, then you are good using their performance. But if they perform a song owned or licensed by another party (as said by SCWIS), the local group may not be authorized to give permission to air the song, whether the group has paid its licensing fees or not.
This goes beyond the guestion being asked here, but some large radio program operations hold all rights to certain programs, and if they give permission to use their program, that permission covers everything. Still, that doesn’t mean a licensing agency will leave it be.
The further difficulty reffered in the title is the DMCA, the “Digital Millenium Copyright Act,” which I do not understand entirely, but it does require streaming radio to keep records of what, when, and how many (listeners). The Act seems intended to make streaming so pointlessly complicated that most reasonable people would avoid it. As with most modern law, the penalties are out of proportion.
Total posts : 45366Ok, that answers that! .. Thanks for the thorough info.
Deep down, that is what I kinda suspected.It’s actually good, it might even influence some of the local bands who don’t have their own material to create it in order to get local airplay!
But when it comes down to it, most of the bands around here already have at least a one or two originals of their own.. And there’s no telling what homebody song writers might creep out of the woodwork.The whole matter occurred to me the other night while I was listening to some good karaoke (believe it or not, there sometimes is such a thing).
Total posts : 45366Music that is released for free use includes public domain music, usually from over 75-years ago, and Creative Commons music.
Public domain music can be used commercially, but Creative Commons music is only free for non-commercial use, although I believe that some artists will give permission if asked.
But the same danger lurks, and I am paranoid, that a challenge would create the ackward situation where you’d need to prove in court the status of the music.
Basically, the royalty agencies have a license to scare people apart from their money with full legal authority on their side, because of good lobbying. They are to be admired.
Total posts : 45366The DMCA rules concerning online streaming of licensed music are complicated and not like music licensing for terrestrial radio licensing agreement. However, that being said, there are solutions to the complicated mess.
Two of those solutions, used by internet radio stations are:
http://www.swcast.net
http://www.loudcity.netThese organizations collect the streaming data calculate the listener/hours and pay the fees within the framework of a user co-op. Plus, they provide an additional listener portal. My average monthly cost was about $35,00.
I have used both of these over the years for different projects. And, the stream can be directed to multiple broadcast servers from these providers.
Check them out. See what you think.
As far as local bands playing covers of copyright compositions; scwis is absolutely correct. If anybody is making money off of the performance, cough up the cash. The RIAA reps will find you. Yardcasting or not, the legal exposure is always present. Music lovers have friends, and with the ubiquity of the internet, the secret won’t last long.
Total posts : 45366The advice given in this thread is all good, and although there might be more that could be said by a legal specialist, it is wise to ask about these responsibilities and a good idea to take preventative action.
Another dimension which could be added is that of the creative artists who depend on royalty income for living expenses. We can only hope that the collection agencies are fair in distributing the correct amount to them.
Total posts : 45366When musicians and performers employ guilds and unions, it is for the purpose of setting rates and establishing working conditions and work rules. These organizations usually come between music venues and the artists; not involving themselves with broadcast licensing on-air or online. Guilds are primarily a negotiating organization between the talent and the performance venue. Just a few of such organizations:
American Federation of Musicians
Dramatists Guild of America (Google for translation from Japanese)
Song Writers Guild of America
http://www.songwritersguild.comIt is always good to be prepared to ask and answer questions about copyright infringement when doing remote broadcasts in live entertainment venues.
Total posts : 45366In the 1990s, I translated a book about WWII that was originally published in Europe in 1951. At the time, I “knew” that a US copyright lasted about 26 years, and it was renewable once.
I wanted to know how the US copyright law applied to books published elsewhere, and I contacted my employer’s intellectual property attorney. I learned that, since the US had become a signatory to the Berne Convention, a copyright is valid for fifty years after the death of the author.This meant that I would not be able to publish my translation without permission until 2011, since the author died in 1961. 2011 was a long time in the future at the time.
Although it is now 2011, the copyright is still in effect, because Congress has since extended the term of a copyright to 70 years after the death of the author. This means that I can’t publish my translation without permission until 2031! It is doubtful that I will be around at that time.
Here is what else I have learned about copyrights: A legal copyright exists immediately after a work has been created. Registration is not required, although there are some legal benefits to registration. That the copyright owner is “local” doesn’t matter at all. He and his heirs own the work until 70 years after his death, after which time it goes into the “public domain.” Forget about the “fair use” doctrine. This applies only to brief exerpts. Also, it doesn’t matter if the copyrighted material is used for non-commercial purposes.
In case I decide to track down the heirs of my author to get their permission, I have another problem. I have printed copies of my translation, but I need to transfer my WordStar files to Word. Word cannot translate WordStar. I heard something about creating ASCII files from WordStar and then creating Word files from the ASCII files. I would be very grateful if anybody who knows how to do this can give me some information.
- You must be logged in to reply to this topic.
