BMI/ASCAP/SESAC to come after webcasters for license fees?

[Keith_Lake]

Over on the Community Radio board there is a lively discussion in progress about how BMI/ASCAP/SESAC are going to attempt to collect performance licensing fees from Part 15 stations and webcasters.

Does anyone here know of any cases where that actually happened? I can honestly say that I have not made one red cent from my webcast. Any attempt to sue me or put a lien on my property will be futile because I don't own any. I don't have untold millions of listeners, but the ones I do have are very dedicated to the cause, such as it is. Many of the independent and/or unsigned bands on my playlist, along with quite a few podcasters have given me written permission to use their stuff. There are many shows that are specifically produced for webcasting. They email me to say how much they appreciate the exposure. The rest is stuff that you'll never ever hear on commercial radio or anywhere else.

The recording industry has gone totally out of control. I've purchased approximately 3000 albums, tapes, and CDs through the years. Now they're going to sue me for freely sharing my stuff with my friends? Something is bad wrong here.

KL

<a href="http://home.nc.rr.com/gttyson/lastradio.html">The Last Radio Station<a>

 

[Spozate900]

> Over on the Community Radio board there is a lively
> discussion in progress about how BMI/ASCAP/SESAC are going
> to attempt to collect performance licensing fees from Part
> 15 stations and webcasters.
>
> Does anyone here know of any cases where that actually
> happened? I can honestly say that I have not made one red
> cent from my webcast. Any attempt to sue me or put a lien
> on my property will be futile because I don't own any. I
> don't have untold millions of listeners, but the ones I do
> have are very dedicated to the cause, such as it is. Many
> of the independent and/or unsigned bands on my playlist,
> along with quite a few podcasters have given me written
> permission to use their stuff. There are many shows that are
> specifically produced for webcasting. They email me to say
> how much they appreciate the exposure. The rest is stuff
> that you'll never ever hear on commercial radio or anywhere
> else.
>
> The recording industry has gone totally out of control.
> I've purchased approximately 3000 albums, tapes, and CDs
> through the years. Now they're going to sue me for freely
> sharing my stuff with my friends? Something is bad wrong
> here.
>
> KL
>
> The Last Radio Station
>


I read somewhere that the licensing fees were good til 2009. The record industry is greedy as usual.

 

[RadioMan203]

> Over on the Community Radio board there is a lively
> discussion in progress about how BMI/ASCAP/SESAC are going
> to attempt to collect performance licensing fees from Part
> 15 stations and webcasters.
>
> Does anyone here know of any cases where that actually
> happened? I can honestly say that I have not made one red
> cent from my webcast. Any attempt to sue me or put a lien
> on my property will be futile because I don't own any. I
> don't have untold millions of listeners, but the ones I do
> have are very dedicated to the cause, such as it is. Many
> of the independent and/or unsigned bands on my playlist,
> along with quite a few podcasters have given me written
> permission to use their stuff. There are many shows that are
> specifically produced for webcasting. They email me to say
> how much they appreciate the exposure. The rest is stuff
> that you'll never ever hear on commercial radio or anywhere
> else.
>
> The recording industry has gone totally out of control.
> I've purchased approximately 3000 albums, tapes, and CDs
> through the years. Now they're going to sue me for freely
> sharing my stuff with my friends? Something is bad wrong
> here.
>
> KL
>
> The Last Radio Station
>



From what I remember, CARP is due for a re-evaluation of ongoing royalty rates effective in 2006. I had read of several successful attempts by BMI as well as SoundExchange to place claims for unpaid royalties. I believe they had captured (unknown if real time, a monitor service or via court sopena) server logs of listener counts and song logs. Personally, I'm sure there are others getting away without paying but I would hate to be the sucker who gets caught.

My own personal webcast uses the Live365 service and they pay the appropriate ASCAP, BMI, SESAC and SoundExchange royalties. As a hobby its fine. I know better than to have a direct webcast without the legal I's dotted and the T's crossed.

I'd love to see these guys try to collect from a Part 15 station - you gotta be kidding, right?

Bill
CapitalRadio.us

 

[DonPerkins]

Are you paying all four? SoundExchange, BMI, ASCAP & SESAC? What does SoundExchange cover if you don't use Live365? I'm working on a college internet station project.

 

[RadioMan203]

> Are you paying all four? SoundExchange, BMI, ASCAP & SESAC?
> What does SoundExchange cover if you don't use Live365? I'm
> working on a college internet station project.
>

I don't directly pay anybody. Under the Live365 service tier I use (i.e., "Personal Webcast") they pay all four on my behalf. ASCAP, BMI & SESAC are the royalties paid to the composers, and SoundExchange collects royalties for the performers. Any webcast would be liable for all of these. If I were to expand beyond the "personal" webcast, I would have to pay all four on my own as well as provide extensive recordkeeping as far as music played and listener counts during each song and/or "performance", as this is how the royalties are calculated.

Unfortunately, Live365 doesn't offer colleges the "personal webcast" package, which would mean your station would have to administer the royalties and required recordkeeping yourself. I believe you can look up the applicable rules on the Libary of Congress website which would detail all the required payments.

 

[titoisradio]

> > Are you paying all four? SoundExchange, BMI, ASCAP &
> SESAC?
> > What does SoundExchange cover if you don't use Live365?
> I'm
> > working on a college internet station project.
> >
>
> I don't directly pay anybody. Under the Live365 service tier
> I use (i.e., "Personal Webcast") they pay all four on my
> behalf. ASCAP, BMI & SESAC are the royalties paid to the
> composers, and SoundExchange collects royalties for the
> performers. Any webcast would be liable for all of these. If
> I were to expand beyond the "personal" webcast, I would have
> to pay all four on my own as well as provide extensive
> recordkeeping as far as music played and listener counts
> during each song and/or "performance", as this is how the
> royalties are calculated.
>
> Unfortunately, Live365 doesn't offer colleges the "personal
> webcast" package, which would mean your station would have
> to administer the royalties and required recordkeeping
> yourself. I believe you can look up the applicable rules on
> the Libary of Congress website which would detail all the
> required payments.
>

There's a non-commercial license as well. Still requires reporting though.