Downloading Question

[Patchy]

This is merely a hypothetical based on a conversation that I had with a friend over the weekend (and neither one of us could come to a definitive conclusion), but I wanted to get your take:

Let's say that a radio station produces a show and then puts it on their website where it is available for downloading.

Within said show, there are songs played in their entirety (in addition to jocks speaking). That radio station pays BMI and ASCAP fees for on-air broadcast (and I guess, webcasting, as well).

The show itself can only be downloaded as the full enchilada (i.e., no breaking it down or searching by song).

Can a radio station do this?

Now 2 other hypotheticals based around this premise: 1) What if it's the jock's own website that's hosting the audio? And, 2) What if it is from a commercial-free (public or college) station, but on the jock's own website?

Thanks.

 

[modrockfan]

In my opinion, you are doing what amounts to a Podcast and we previously decided that Podcasters should probably be paying royalties. The over the air rights apply to the actual over the air broadcast, not other uses, like a Podcast.

It doesn't matter where you host it, other than I would say whoever is doing the publishing should be the one paying.<P ID="signature">______________
Crescent City Radio Connection
Zephyr Radio</P>