[icecast] legalities of streaming

Chris G Moguta chrisg1 at umbc.edu
Thu Jun 12 01:44:09 UTC 2003



Oh, I almost forgot...

If you're going under compulsory licensing:

1) Listener requests cannot be honored, otherwise you will end up labeled an 
"interactive service" along with Audiogalaxy Rhapsody & the like.  Which means 
more & more expensive royalties.

2) You cannot play more than 3 songs of the same album in any 3 hour period 
(no more than 2 in a row).  Nor can you play more than 4 songs of the same 
artist in any 3 hour period (no more than 3 in a row).

3) You may not make available a complete list of the artists, songs, or albums 
your stream plays.

4) You may not make a list available of upcoming songs referenced by order or 
by time they will be played.

>===== Original Message From Mark Lehrer <mark at knm.org> =====
>> What are the current legalities in relation to non commercial music
>> streams, or more accurately put non profit streams, and is this
>> currently being seriously policed?
>
>Yes it is being seriously policed.  This is controlled by copyright
>law; there are three companies that basically control all music
>copyrights; ASCAP, BMI, and SESAC.  From what I understand, you will
>need a "compulsory" license from each, and they now have additional
>royalty payments and reporting requirements for the songs you play.
>jwz had a good write-up of this (before the big royalty agreement
>though).  It's a must-read:
>http://www.dnalounge.com/backstage/webcasting.html
>
>The only way I have found around this is to play music that is
>"legally tradeable", e.g. live phish, dead, metallica, etc who allow
>you to share electronic copies.  If you use their music this way, then
>there can be no revenue of any kind; even a banner ad will get you in
>trouble.
>
>It's painful.  Basically it is designed to keep the hobbyists out.
>Copyrights should be a lot shorter, and should never be allowed to be
>owned by a corporation... works for hire should have different, and
>even shorter, terms.
>
>Mark

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