[icecast] legalities of streaming

[Bryan Payne]

Ditto Scott - you nailed it !!

But the DMCA actually sets rules on requests and processing them without
being considered "interactive" - for instance the time frame allowed from
when requests are made and then processed and actually air (minimum 60
minutes), to displaying your playlist  - (can not be displayed public in the
order of actual performance) basically as long as you never allow the
listener to have pre-knowledge of, or "immediately or instantly influence"
the order of your content/playlist then you are not necessarily
"interactive" -

In a nutshell - do YOU pre-program and control the broadcast or does the
listener?
 - case in point "Spinner" is "Interactive" and a different licensing
scheme - then you have many Shoutcaster/Live365 and Icecast/Ogg stations
that have varying ways to automate their requests - and policies to maintain
DMCA compliance - So do they fall under the auspices of "Interactive" ? Well
they have not to my knowledge to this point? And precedent has been set at
least since 1999 that the Recording/licensing entities have indeed excepted
it and licensed broadcasters with "request" functions/features under a
"Compulsorary" license ...

Sadly for now however these rules will be changing due to the current deals
made by both the larger Commercial and Terra Broadcasters as well as
.EDU/Non-Comm.'s and for the remaining broadcasters, other than the current
set CARP rate/terms or the SWA(Small Webcasters Act)  - a broadcasters
survivability is going to be based upon "Subscription" senario most likely.
Of course your other alternative is to go total "Independent" artists with
permissions and or produce all your own content.

There is in fact however is a huge hole left and something that is being
debated a little bit but sadly not acted upon, is that there is no license
deal currently set for Small Hobbyist or Medium commercial broadcasters such
as Live365 or even AudioRealm - and sadly again no one seems to be in a
hurry or getting too excited about aggregating and or banding together to at
least attempt negotiating a deal before it becomes too late -

A few companies I know including our own have attempted it singularly but as
a united group there seems to be a void - and THAT my friends is what will
kill any future chances for a 200 listener station on a shoe string budget.

Guess there is alway "Personal Casting"?

Bryan Payne
Spacial Audio Solutions
806-549-1085
www.spacialaudio.com
www.audiorealm.com

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----- Original Message ----- 
From: "Scott Manley" <djsnm at djsnm.com>
To: <icecast at xiph.org>
Sent: Wednesday, June 11, 2003 9:02 PM
Subject: Re: [icecast] legalities of streaming

<p>> Chris G (Moguta) wrote:
> > 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.
>
> Ahh yes the details of the Vessel Hull Strengthening Act - the exact
> rules are a bit more vague than this and are open to interpretation,
> there's no legal precedent established yet. Rule 2 is commonly
> interpreted different ways - for example Myplay.com always played it
> legal but their legal advisors claimed that the 3-4 rule was - 3 songs
> from a single artist/album if 2 are played consecutively or 4 from a
> single artist album without consecutive plays. So there was no limit on
> playing a single artist in a 3 hour period, as long as you kept changing
> albums...
>
> anyway every organisation I've worked with has their own interpretation
> of the rules.
>
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