[icecast] Re: mp3pro and the mp3 streaming license]

Tim Pozar pozar at lns.com
Sat Jun 9 16:11:59 PDT 2001



On Sat, Jun 09, 2001 at 04:30:33PM -0600, Jack Moffitt wrote:
> > performances.  That's ~125,000 performances a year, which equates to about 
> > $180,000.
> > 
> > Significantly higher than the Frauhofer license, unless you generate 
> > $9Mil/yr or more in revenue from your stream.
>
> The rates are in arbitration, and I doubt they will come out anywhere
> near that amount.  It just isn't feasible, even for large companies.
> Reember, tradidional radio doesn't have to pay these, even if they are
> broadcasting online.  Nor are they subject to the compulsory license.

Actually we (KFCF) have been informed that this is not the case
and we do have to start to negotiate or pay.  This is what came
from a lawyer we consulted with as what we must do with the content
to comply...

Tim

Pssss... Hey, Wild Bill!  Any thoughts on this?


--
	To comply with the statutory license the following conditions
	must be met:

	In a 3 hour period webcasters may not play no more than
	three songs from an album including no more than 2
	consecutively; or; four songs by a particular artist or
	from a boxed set, including no more than three consecutively.

	Archived programs may not be less than 5 hours in length,
	and may only be retained for two weeks. Merely changing a
	few songs or temporarily removing a program and putting it
	back on, does not meet this condition.

	Looped or continuous programs may not be less than three
	hours in length.

	Advance program schedule or prior announcement of Song
	titles may no be announced in advance by text, video or
	audio. It is permissible to announce the title of a song
	immediately prior to it being performed.
	
	Programs may only be repeated:
	         3 times in a two week period (if under one hour)
	         4 times in a two week period (if  over one hour)
	
	When performing a sound recording, the recording, the album
	and featured artist must be displayed in textual data during
	the performance.

	No ties-ins suggesting a product endorsement.

	Copying by recipients must be disabled if the technology
	allows.

	Must accommodate measures  by copyright owners to identify
	or protect works.

	Cooperate with copyright owners to defeat scanning.

	Transmission made from bootlegs, illegal copies or pre-release
	recordings is not covered by the statutory license.

	Automatic switching of channels is prohibited.

	Transmission of copyright management information is required
	if technically feasible.

	Royalty rates for the statutory license have not been set
	and will be retroactive after determined by the US Copyright
	Office.

--- >8 ----
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