K
Kevin
Guest
Here’s a great oldies site with podcasts, www.rockineddy.com. This is really a good site, lots of rare oldies.
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I wonder if this guy knows that including music in a podcast without having a license for that music is against the law. Podcasts cost more for licensing than streaming because it's downloaded.
Here is an example of a similar music podcaster who received a "cease and desist" order from the RIAA, requiring him to remove any licensed music from his podcast.
Here is an example of a similar music podcaster who received a "cease and desist" order from the RIAA, requiring him to remove any licensed music from his podcast.
RIAA Shenanigans - Radio Clash Podcast gets it's first takedown from Radio Clash Podcast: - London-based global music podcast feat. covers, mashups, remixes, and bootlegs since 2004.
I am contacting you on behalf of the Recording Industry Association of America,Inc. (RIAA) and its member record companies. The RIAA is a trade association
www.radioclash.com
K
Kevin
Guest
I’m sure that the owner of the site knows about “royalty issues”. Sounds like you’re with the royalty police force. I’ve found many podcasts that include music, so apparently it’s not a big deal. This guy Eddy probably pays his fees.I wonder if this guy knows that including music in a podcast without having a license for that music is against the law. Podcasts cost more for licensing than streaming because it's downloaded.
Here is an example of a similar music podcaster who received a "cease and desist" order from the RIAA, requiring him to remove any licensed music from his podcast.
RIAA Shenanigans - Radio Clash Podcast gets it's first takedown from Radio Clash Podcast: - London-based global music podcast feat. covers, mashups, remixes, and bootlegs since 2004.
I am contacting you on behalf of the Recording Industry Association of America,Inc. (RIAA) and its member record companies. The RIAA is a trade associationwww.radioclash.com
As the linked article shows, a lot of podcasters DON'T pay their fees. Most don't know they exist. Some become pretty angry when they're asked to pay their share. I believe recording artists and songwriters deserve to get paid for their music. People don't buy CDs any more, so they don't have that income any more. When you're talking about oldies artists, most don't have retirement money coming in. If you love music, you should do what's right and fair for the musicians. I wouldn't assume he or any other podcasters know anything about the law.
Those of us who comply with the legal and ethical requirements of copyrights and rights fees naturally don't find it pleasant to be competed with by scofflaws who reduce their costs by failing to do what is right. We also denounce and help locate and document pirate over the air broadcasters, too.
To include music in a podcast is so expensive, none of the legally-conforming and rights-paying podcasts does it. When a podcast includes songs, it is almost certain that it is not paying the required fees.
K
Kevin
Guest
Most oldies artists are now dead. So it really doesn’t matter, and most oldies artists never received royalties back in the day. It was the record label that screwed over a lot of talent back in the 50’s, 60’s and even the 70’s. If royalties are an issue, it should be the same for traditional radio to pay the total bill like the streaming services do, not just the singers and songwriters portion.
That's not how the music industry sees it. They will sue regardless. Are you saying that stealing from the dead is OK?
They do when they podcast and when they stream. Broadcast radio follows the law. Podcasters should do the same.
If this podcaster wants the same deal as broadcasters he can apply for an LPFM.
AM and FM radio is not digital. The reason for the difference in streaming costs is that streams are a digital version and are identical to the original. Podcasts are considered a "physical copy" as the downloader can can keep them and use them over and over.
K
Kevin
Guest
No , I’m not say it’s okay to steal from anyone , but that question should be directed to the record labels. They’re stealing from the artists that are still alive from that era. Read up on how Roulette Records screwed over Tommy James just Google it, there’s some information on how he lost 30-40 million in royalties.
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Huh? You're the one listening to this podcast. If the podcaster isn't paying, then he's the one stealing. If you listen, you're supporting him. Record label stealing is a completely different issue that doesn't involve you.
K
Kevin
Guest
First off, It’s not my business if the guy is paying royalties or not, second if it’s out there, I’ll listen to it and thirdly I’m not going to lose sleep over the fact that I support this person if he’s doing anything illegal or not.
OK as a non-professionalI have question. How does all this apply to radio shows that are also released as a podcast? There are some music oriented podcasts I listen to that also interview the artists, so I have to believe that either the RIAA fees have to be paid or the music is being used with the artists' permission.
K
Kevin
Guest
I’ve listened to a half a dozen podcasts over the weekend that all included music, full length songs. Apparently the podcasters are paying up on their royalty fees, or they all are not. Bottom line again, if it’s out there I’ll listen to it and I could care less if the creators of these podcasts are doing it legally or not. It’s simply not my concern.
There are lots of fees that don't involve the artist. The artist channels at Sirius have the input and support of the artists. But they still have to pay royalties for the musicians, the songwriters, and the record labels. Plus they have to obtain a release form. If a musician brings in his own composition, and he is the only musician, and no one else is involved, or he sings his own composition live, the podcaster still has to get a release form signed by the artist allowing the music to get played.
With all the lawsuits going on now, you can't assume anything. I will tell you the RIAA won't assume you're legal. If they don't see your site or podcast on their list, they'll send you a cease & desist, and then demand back royalties. It also doesn't matter that the podcaster does make any money from his podcast or he offers it for free. The owners of the music are entitled to get paid regardless.
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Yes. I believe the law should be changed such that royalty payments end shortly after the payee dies. Say, 90 days.
I actually did an oldies podcast in the early days of podcasting, roughly 2005. I didn't get any listeners, so it stopped after a handful of episodes. I'm sure if I had persisted through all these years, I'd have gotten a C&D from someone by now.
Royalties are based on copyright law. So they get paid as long as the copyright is active. If not to the actual performer, it goes to their estate. That's the law. Changing copyright law isn't easy, and Sonny Bono ensured that payments would continue beyond death. Sonny's view is people's enjoyment of music doesn't end at the death of the musician. If people enjoy a product, the producer should get paid.
Copyright Term Extension Act - Wikipedia
Right now, the biggest problem SoundExchange has is finding the people who are owed money. Communication is a big issue. How would SoundExchange or BMI know someone has died if that person or their family doesn't inform them?
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