Streaming Radio in Stores

[Barry]

A store I visited in nearby NJ was streaming in the background the IHeartCountry Radio channel, which seems well programmed. I've heard all sorts of music services in shops, but not a national radio stream.
Is this sort of thing becoming more common in local stores? Anyone know why such a stream has no commercials?

 

[Kent]

I encountered something similar a few years ago, and I asked the manager about it. He told me there is a business subscription to iHeart, and it offers streams catered specifically to businesses. He was listening to Big Classic Hits at his business. I didn’t get a chance to ask him if that was a stream specifically for businesses or if it just covered the spots on the regular stream for subscribers. I believe he mentioned his music royalties were covered with his subscription, though I'm not 100% sure on that one.

I'm not sure if the fair use for radios in businesses no larger than a certain square footage and with no more than a certain number of speakers applies to streaming audio or not. A friend of mine who owned his own business said he was advised not to stream music from his phone on his speakers unless he was willing to pay music licensing fees to the various PRO's, but I don’t know the source of that information.

 

[davideduardo]

I'm not sure if the fair use for radios in businesses no larger than a certain square footage and with no more than a certain number of speakers applies to streaming audio or not.

It does not matter where the music content comes from... if music is played in a business and the location meets the performing rights collection organization's size minimums, then rights have to be paid. That payment may be included in a subscription fee, or paid directly by the store, business or office using music.

 

[John Waywoods]

Royalties are included in the streaming services for businesses, exceptions apply.

 

[Kent]

It does not matter where the music content comes from... if music is played in a business and the location meets the performing rights collection organization's size minimums, then rights have to be paid. That payment may be included in a subscription fee, or paid directly by the store, business or office using music.

From what I understand, there is an exemption for eating and drinking establishments that meet certain conditions, such as not charging admission, that only applies to radio and TV broadcasts.

I don't know if that applies to streaming radio. For all I know, it could have since been repealed or otherwise allowed to expire. Sonny Bono was the one who put it in the law, and he’s been dead for roughly 20 years.

 

[nd2023]

I have heard streaming terrestrial stations in businesses. For example, I heard 93.3 WMMR playing in a store in Sea Isle City, NJ. That’s about 70 miles from Philadelphia. I mentioned that I couldn’t believe that they could pick up WMMR that far, and they said that they’re streaming it.

 

[Y2kTheNewOldies]

A store I visited in nearby NJ was streaming in the background the IHeartCountry Radio channel, which seems well programmed. I've heard all sorts of music services in shops, but not a national radio stream.
Is this sort of thing becoming more common in local stores? Anyone know why such a stream has no commercials?

There's the McDonalds radio that's used by it's outlets. It's a company issued playlist in their venues.

 

[TheBigA]

Sonny Bono was the one who put it in the law, and he’s been dead for roughly 20 years.

Nope. Sonny Bono is the one who came up with the copyright extension act. Unrelated to streaming music royalties:

https://en.wikipedia.org/wiki/Copyright_Term_Extension_Act

Streaming royalties are covered under the Digital Millennium Copyright Act.

 

[Barry]

Anyone so inclined can stream the Walmart World Radio Network! Apparently it even has personalities.
WMW Stream (Bottom of page)

 

[Kent]

Nope. Sonny Bono is the one who came up with the copyright extension act. Unrelated to streaming music royalties:

I’m not referring to streaming royalties. I'm talking about the Fairness in Music Licensing Act of 1998, which exempted certain businesses that meet certain conditions from having to pay songwriter's royalties for playing radio or TV on their properties. The Fairness in Music Licensing Act was part of Sonny Bono's Copyright Extension Act.

As I mentioned before, I can't tell you if it’s still law or if it applies to streaming radio in your business instead of getting the signal off air. I've been out of radio for almost 13 years now and, fortunately, have better things to do than worry about music licensing these days. I understand it doesn’t apply to Pandora or SiriusXM, and you have to buy business specific subscriptions to each of those. It also only applies to radio and TV; if you play CD's or your iPod on your speaker system, you have to have a license. You also have to have a license for live music with some exceptions for acts that only perform their own works. Or at least that’s how I remember it.

 

[TheBigA]

I’m not referring to streaming royalties. I'm talking about the Fairness in Music Licensing Act of 1998,

The topic of this thread is streaming radio in stores. The Fairness in Music Act deals with broadcast radio & TV in bars & restaurants, and the payment of royalties to songwriting PROs, such as BMI and ASCAP. Streaming radio as we know it now didn't exist in 1998. Companies such as Pandora came a few years later.

https://en.wikipedia.org/wiki/Fairness_in_Music_Licensing_Act_of_1998

I understand it doesn’t apply to Pandora or SiriusXM, and you have to buy business specific subscriptions to each of those. It also only applies to radio and TV; if you play CD's or your iPod on your speaker system, you have to have a license.

This subject has come up before, and I posted this useful primer on exemptions to music licenses in bars & restaurants:

Music Licensing for Bars and Restaurants: What You Need to Know

If you play recorded or live music in your bar, you need to be fully aware of all music licensing requirements. The price of not knowing and complying when required opens your business to legal clams by music rights holders such as ASCAP, BMI, and SESAC that could be very costly if your are sued

www.barbusinessowner.com

 

[Barry]

Providing subscriptions for stores to stream music, with the music royalties included could be a good business for radio broadcasters. An earlier poster on this thread said that what I heard in a store was apparently such a service provided by IHeart. Do other radio companies have similar offerings?

 

[dcowboy7]

I love the station the mall here is playing now after christmas.
Its like pop/dance but not heavy.
I heard "adventure of a lifetime" by coldplay stuff like that.
Its great fun background music so its perfect for a mall.

 

[Mikey Radio]

iHeartRadio for business is actually run on the Mood Media platform. Mood Media owns Muzak, DMX, AEI, Trusonic and a few other platforms, including their namesake Mood. Mood is known for leasing their players to businesses, and they can be used to play a wide variety of music from their various channels that offer different genres or themes, and they can also be dayparted to play different music channels throughout the day based on the needs of a particular business. (a restaurant and bar, for instance, might play one particular music channel for the breakfast seating, another for lunch, another for dinner and yet another for late night, and all that can be automated). Included in the cost of the music service, Mood customers pay the licensing and rights fees for the music, and the Mood boxes update via an internet connection so the music is kept current.

I was once in an establishment a few years ago that didn't have their Mood player connected to the internet, and the current standards it was playing were probably 4 years old at that point. It was basically stuck in time and quite dated at that point as it was playing all the top rated music from that time period in relatively heavy rotation.

 

[Kent]

Providing subscriptions for stores to stream music, with the music royalties included could be a good business for radio broadcasters. An earlier poster on this thread said that what I heard in a store was apparently such a service provided by IHeart. Do other radio companies have similar offerings?

Pandora and SiriusXM have business tier subscriptions that include the songwriter's royalties businesses are required to pay. Muzak also offers more than the stereotyped elevator music heard in stores in the 70’s and 80’s. I'm not sure of the subscription terms, though.

Other than iHeart, I'm not aware of any other radio broadcasters that offer a business subscription to their platform. That’s not to say that there aren’t any, though.

While I still get curious when I walk into an establishment and hear something like iHeart on their speakers, I haven’t explored their offerings that much. That's something I'll deal with if I ever decide to run my own business, which is something I don’t think I'll ever have the desire to do. The reality is that, regardless of how good or in-demand your product(s) is/are, money and luck tend to determine your success. If I were ever to run my own business, it would have to be something I would enjoy, could do by myself, and could afford to lose money operating!

 

[Barry]

Perhaps programming music channels for some of these services would be an interesting job/side hustle for radio people that are into the music.

 

[oldradiotapes]

Eons ago I would get petrol at a Chevron in Portland, up the road of where I worked then, and they usually played Voice of America's "Music Mix" service instore. (Note that this was several years before NDAA 2013 was enacted.) They stopped playing it because, as I was told, the employee who owned the laptop quit and took it with them, so that was the end of that.

There's the McDonalds radio that's used by it's outlets. It's a company issued playlist in their venues.

Last I checked this was a Muzak stream via SES-3 tp 22. It's in the higher-numbered PIDs where the national custom programmes are broadcast. Though it could be McDingdong's are also programming their own corporate instore audio now alongside or instead of Mood.

 

[crainbebo]

A salon I used to visit (now closed) would always run an adult hits-type mix of music. I noticed they were streaming it through a box with Pandora / DMX for Business labeled on it.
A bunch of restaurants around here run SiriusXM on various channels, I suppose they pay monthly royalties for that?
The local grocery stores all use In-Store Broadcasting with ads for various discounts and products, or in the case of one regional chain, Mood's Classic Hits feed.

I don't think I've heard an iHeart feed in any business yet.

 

[TheBigA]

A bunch of restaurants around here run SiriusXM on various channels, I suppose they pay monthly royalties for that?

Correct

Music for Business

With SiriusXM, there is something for every restaurant, office & retail outlet. Choose SiriusXM Music for Business, and let our music work (and rock) for you!

www.siriusxm.com

Fully Licensed Music – All required royalty fees—including ASCAP, BMI, and SESAC—covered and paid by us as part of your business subscription.