[icecast] legalities of streaming
adam at xs4all.nl
Thu Jun 12 08:46:45 UTC 2003
so if you play only music that is released under the Open Audio Licence
or gpl, then what is the status regarding replay and the payment of
<p>On Wed, 11 Jun 2003, Bryan Payne wrote:
> 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
> - 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
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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
> > 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
> > > more & more expensive royalties.
> > >
> > > 2) You cannot play more than 3 songs of the same album in any 3 hour
> > > (no more than 2 in a row). Nor can you play more than 4 songs of the
> > > 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
> > > 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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