[icecast] DMCA and webcasting

Geoff Shang gshang at uq.net.au
Fri Sep 14 02:06:27 UTC 2001



On Thu, 13 Sep 2001, Sean /The RIMBoy/ wrote:

> > 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.

I'm not fully clued up on all the ins and outs here in Australia, but I do
know that not-for-profit broadcasters here get a far better deal than it
seems you guys get in the USA.  I broadcasted with a music-based non-profit
station for 16 months from August 1999 to December 2000.  We didn't have to
pay for everything we broadcast, well not directly anyway.  A few times a
year, we had to log everything we played for APRA (Australian performing
rights Association) for a week, not including 12:00Am to 6:00Am.  I'm
guessing we probably paid some kind of fee so that we could broadcast
music, but my understanding was that this was some kind of flat fee and
this allowed us to broadcast pretty much anything, subject to any other
regulations of course.  We were sent promo singles and albums, and we could
also bring in any CD's that had been bought over the counter and broadcast
them on air.  Like I said, I'm not sure what we paid, but I'm guessing we
had to pay something.  But it wasn't very onerous.  I think APRA
appreciates that we're not making money off this and concentraits its
efforts on the commercial sector.  Besides, the artists are getting
publicity and exposure, it's not just a one-way street.

I will try and clarify the situation, mainly for my own benefit.

Geoff.

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