[icecast] DMCA and webcasting

[Sean /The RIMBoy/]

On Thu, 13 Sep 2001, Joshua Vickery wrote:

> Great, so should we file with SoundExchange or wait for the RIAA to pick
> a rate? 

Yes, you are supposed to file with the RIAA (SE as you suggest?).  Period,
end of story.  Jwz covers this on his site IIRC.

>  Even if they insisted on collecting $0.004 per performance I don't think
> we have even 100000 "performances" a year.  Say 20 listeners a day, each hears
> as many as 10 songs, we broadcast for about 180 days a year,
> 20x10x180*$0.004 = $140.  We are not talking big bucks here, it certainly
> does not seems like reason to stop webcasting.

I've not heard anything this low in cost.  Considering the royalty rate is
roughly 6-8 cents (USD) ($0.06) and it's been awhile since I've dealt w/
those numbers, I would expect the RIAA to come in no less than those
amounts.  I fully expect the rates to be high enough to quash most of the
broadcasters we have today.  Especially in today's market.

> I am not an administrator, I was told by the station manner that we were
> exempt from these fees because we are such a small radio station, we don't
> make any money, and we play public service announcements.  Maybe I was
> misinformed.

I've not heard of any exceptions granted to any radio stations, profit or
not.  The fact of the matter is that the artists have to be paid, profit
station or not.  The fact of the matter is, the station, even though it is
not for profit (or non-profit) is still profiting from the artists
works.  

I believe most University and College agreements cover campus
stations.  I'll be emailing a friend of mine who worked for both stations
at my College to find out what he knows. 

> Well, we have a lot of lawyers, but its quite possible that we have it wrong,
> I'll see what the advisor says at the meeting, and I'll bring a printout
> of jwz's page.

Good move.

> We do have money to spend on various things, seems a pitty that we need to
> pay for something that we already have permission to broadcast.

That's just it.  You may own the copy, but broadcast (in the traditional
sense) and via the web are not extensions of that ownership.  

Case in point, Station buys Artist foo's disc and the artist is
compenstated at x rate.  Artist foo gets played n times.  Does it make
sense that artist foo is only compensated at rate x?  No.  ASCAP,BMI, and
SESAC receieve fees from the stations so that artist foo is compensated to
a certain extent for n number of plays.  That said, ASCAP and BMI
determine the royalty payments pretty much the same, SESAC has their own
formula for determining the payments.  

Again, your purchase of music grants you only certain rights, and the RIAA
is trying to see to it that those rights are further restricted.  DMCA is
one, there is additional legislation being considered to further restrict
US consumer freedoms.

Sean...


-- 
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KG4NRC
www.rimboy.com		<-- Your source for the crap you know you need.

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