[icecast] Legal issues

Jack Moffitt jack at xiph.org
Wed Apr 21 20:52:38 UTC 2004

> I found this article:
> <http://www.copyright.gov/carp/webcasting_rates_final.html>
> but I still don't know what to make of it.  Would we
> have to pay $0.07 per song the DJ played?  How about a
> live performance with all original material?  

Also see: http://www.dnalounge.com/backstage/webcasting.html

I'm not sure what the rates are, but essentially you have to pay flat %
royalties to ASCAP, BMI, and SESAC in the U.S. for performance
royalities, but the DMCA also imposes these translations of physical
reporoduction royalties for webcasts as well (normal radio doesn't have

Of course, live performances with original music is fine as long as you
have the permission of the copyright holders (usually the band).

> Does it matter if the stream is mp3 or ogg?

No.  It could be WAV, FLAC, or some 2-bit per sample mono format where
the music is unrecognizable.  You'd still have to pay the royalties.

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