[icecast] DMCA and webcasting and a political QUESTION

Xavier Montero xmontero at dsitelecom.com
Thu Sep 13 18:29:20 UTC 2001

For the QUESTION go directly tot he bottom.

I don't know there in the US. Here in Spain, responsible for author
rights is called SGAE (Sociedad General de Autores de España) and
it takes money from everywhere if controllable and stations must
provide a list of all broadcasted themes.

They place random monitors and check against the list to see if
it coincides. You never know if you are being checked or not, so
your list must be reliable to prevent surprises.

Local small stations (where I work), are impossible to control.
The procedure is that we are obligated to pay on a listener-basis
and the proportions to the artists are averaged monitoring 1 every
100 stations chosen at random starting on 1 jan and monitored over
the whole year.

It is assumed that, even existin gthe possibility of a station
being a lot mono-thematic, the average will give a semi-reliable
of what will the stations have broadcasted in average over the
te whole nationa territory.

That "averaged" proportion is then applied tot the sum of
all money income by the local stations.

The tax is more or less 10 pta per year and per citizen. For
example, my town is about 50.000 people, SGAE assumes that not
all the people is listenig, of course, but doubling citizens,
probably you double audience, so this data is taken as the basis.

10 pta / year / person = 500.000 pta (= a total of $2.777 per year
for 50.000 people, it is about 6 cents per person and year).

Some response to your post said that authors seem not to receive
the corresponding money. Here in Spain they _do_ receive the money.
I know some authors, and SGAE sends personally a "payer" who
goes phisically to meet the author and gives the money in hand
along with some official papers (receipts and so). The "payer"
also provides the author with a complete description of the details
of the revenues. A list could be:

TV broadcasts
Day xx/xx/xxxx, broadcasted "n" seconds on TV4 at hh:mm
Day xx/xx/xxxx, broadcasted "n" seconds on Tele5 at hh:mm

Total seconds = xxx, price per second = xxx, Total = xxx
Big Radios
  Day xx/xx/xxxx, broadcasted "3" times on Radio 3
  Day xx/xx/xxxx, broadcasted "2" times on Onda Cero
  Day xx/xx/xxxx, broadcasted "3" times on Radio 3
  Day xx/xx/xxxx, broadcasted "2" times on Onda Cero

Price per partial = xxx, total partials = xxx, Total = xxxx
Price per complete = xxx, total completes = xxx, Total = xxxx
Local Stations

Share: 0.0035%
Total Income: xxxxxxx
Your income = xxxxxxx
Record Company Sells
Price per copy = 20 pta
Total Copies: 325.000 units
Total due to sells: xxxxx
Phone answering machines:
Total registered: x
Price per machine: xxxx
Blank Tapes and CDR:
Total Sold: x
Price per unit: xxxx

TV is computed on a "second" basis
Big radios base on a "partial" (<1 min, for ex, commercials) or
"complete" play (scheduled music)
Local stations base on the explained proportion.
They also give a report of the sells (wich authors already knew)
a complete list of answering machines using the titles for waiting-
music and the report of the taxes paid due to "blank-tapes" assuming
people is going to pirate music (SGAE gets money from blank-tapes
manufacturers and blank CD-Rs sold in Spaing assumin that people here
is going to copy music).

They provide more details that I cannot remember now, but a very
complete list. They provide a report per each title you or your
company have registered and sucessfuly was not classified as
"copy" of any other composition.

I suppose they simply will provide a new entry in the report
and add "internet access" and just show the list and the
ammount. That ammount is the ammount to be charged to the
internet station. I remember that somebody told me that SGAE
money accounts are open-public and you can track _every_
monetray unit which enters and leaves SGAE to check for
a correct administration of the rights.


Radio stations usually are quite "local" to their countries and
usually got their audio sources directly from the record
companies (promo CDs), but in Internet it is different. It is
a fact that, for example I'm located and based in Spain, and my
Icecast is phisically running in Spain. Then I play a record
which authors are German and some listeners are from US.

Which autority will charge me? US? Spanish? German? I think
In this example it seems, it should be Spanish or German. But
Spanish people will not take care of interests of German
authors and German people cannot "obligate" to spaniards
to do things.

Internet delivers the information thru the globe and that
escapes any manner of control stablished until now. How
will they act?

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