• Get involved.
    We want your input!
    Apply for Membership and join the conversations about everything related to broadcasting.

    After we receive your registration, a moderator will review it. After your registration is approved, you will be permitted to post.
    If you use a disposable or false email address, your registration will be rejected.

    After your membership is approved, please take a minute to tell us a little bit about yourself.
    https://www.radiodiscussions.com/forums/introduce-yourself.1088/

    Thanks in advance and have fun!
    RadioDiscussions Administrators

Is it possible to stream WITHOUT owing royalties?

O

oldrover

Guest
Obviously, if you have a news/talk format, then music royalties are moot. But my understanding was that music recorded pre-1972 was not subject to the streaming royalties. Am I wrong on that? Or off slightly?

Bueller? Bueller? ;D
 
Go ask the RIAA and/or ClownExchange .... oops, SoundExchange - I'll bet you they will sing a difference of opinion regarding pre-72 music.

And if you use bumper music don't think you're going to get off scott free by claiming "fair use rights" either. If you play a portion of a song they will be out there holding their hands out for dough-ray-me!
 
Most small internet stations dont pay anything,,, why bother if you only have a handfull of listeners,,, Why not stick to playing independent labels and unsigned artists that arent members of the RIAA or Sound Exchange...... Even playing artists that are not on a U.S label can be a loophole.. This is easy to do if you program a Techno/Dance or Indie Rock format, since so much unsigned material is readily available. If you want to program some kind of CHR current hit station, or current Country, AC,, Etc you probably will have to go legit once you get enough listeners and attract some attention.......

If you are indeed doing a News Talk format, dont worry about it as long as its all your own original material, and not like a syndicated program..... If you wanted to air something like Rush Limbaugh for instance, without permission it probably could get you into some legal trouble if anyone found out, and I doubt you could get granted permission to air such programs without major $$$$$$$$....
 
radiowayne notes that just because an artist is not a member of Sound Exchange does not mean that royalties are owed. The law establishes SE to collect for all artists played on the internet whether they are a member of SE or not. The only way to get around that
is to have the artist sign a royalty waiver in effect directly licensing his music to you. If the artist is doing original material that he owns the publishing copyrights to, you can direct license that also. If the artist does material published by others you either need to pay ASCAP, BMI, or SESAC or else try to direct license from the publisher.

But, then again, he could be wrong

Wayne G. aka radiowayne who is not an attorney, does not play one on tv, nor did not stay at a Holiday Inn Express last night.
 
I run 2 part 15 Catholic stations.

We play about 4 hours of music a day 24/7, some English some Spanish. We havew about a thousand song library.

Every one of these artists writes their own music and it's quite good. I have made individual agreements (royalty waivers) with each of the 40 artists (signed letters) that there will be no compensation. They easily agreed, and in fact got friends of theirs to do the same. The ideas was to omit the folks at ASCRAP, BMI, and SESAC. As far as I know (I've researched alot) the year of the song does not matter.
 
In my opinion, it is not worth risking your car, your house the shirt off your back and any marriage may or may not have. To put it bluntly, they most likely have more money to throw at more lawyers than you do, even though they are the ones crying that they don't get enough money from web casters. Unless you want to be pirate radio and always running from the law and costantly checking behind your back, it's better to pay the licensing fee.

Of course, this doesn't mean you can't complain to your reps. in Washington. By all means, make your voice heard about the insane royalty rates. And almost always listen to what radiowayne says. ;)
 
oldrover said:
Obviously, if you have a news/talk format, then music royalties are moot. But my understanding was that music recorded pre-1972 was not subject to the streaming royalties. Am I wrong on that? Or off slightly?

Bueller? Bueller? ;D
Click to expand...

I ran a news/talk station and paid music licensing fees.
 
If I'm not mistaken (hey, it could happen), Part 15 stations are exempt from royalties, since it's assumed that on a signal that small (if it's legal!), you're simply beaming your own music to radios on your property.
 
Mike Walker said:
If I'm not mistaken (hey, it could happen), Part 15 stations are exempt from royalties, since it's assumed that on a signal that small (if it's legal!), you're simply beaming your own music to radios on your property.
Click to expand...

No, not true.. BMI has been trying to get Part 15 stations to cough up money and license them...
 
And how many have stupid written on their foreheads where they've just wrote the check because someone asked for the money?
 
LowPayDJ said:
And how many have stupid written on their foreheads where they've just wrote the check because someone asked for the money?
Click to expand...

Several actually have,.. can't think of names off the top of my head, but i saw one Part 15 AM proudly admit to it
 
radioguybroadcasting said:
Mike Walker said:
If I'm not mistaken (hey, it could happen), Part 15 stations are exempt from royalties, since it's assumed that on a signal that small (if it's legal!), you're simply beaming your own music to radios on your property.
Click to expand...

No, not true.. BMI has been trying to get Part 15 stations to cough up money and license them...
Click to expand...

ASCAP is about to start charging radio in any form starting with Part 15's and Streaming stations.
Starting 1/01/09.
 
Mr. Lowpay, obviously you have never dealt with extortionists like ASCRAP or BMI. They also now license beauty shops, drug stores and bowling alleys. I believe it's anyplays with a radio with more than 1 speaker.

Mr. Walker, Part 15 radio is certainly NOT exempt.

I used to own 4 stations and sold them i 1985. I know that they take roughly a bit more than 2% of a commercial stations GROSS REVENUE - not just a fee. Part 15's must pay a fee.

If they catch you they will CERTAINLY SUE, no if's ands or buts. They will WIN because they represent the composer's work, and unless you pay, you better NOT play.
 
I have No Problem with ASCAP, BMI or even SESAC. It's that 4th one that wants more then their fair share that really pisses me off.
 
The Beave said:
ASCAP is about to start charging radio in any form starting with Part 15's and Streaming stations.
Starting 1/01/09.
Click to expand...

Well, unless ASCAP and the other royalty entities start including notification with ALL iPod / mp3 player modulators stating to the purchaser that their personal "enjoyment" of utilizing the modulator will be "taxed" by said agency, there's no way they can legally go after ANY Part 15 "station". Unless they make EVERYBODY pay there's no way they can legally differentiate between a Part 15 "station" and persons using Part 15 compliant modulators/transmitters to enjoy their personal audio collections by playing them on such things as portable radios in their household on their own property. I play old airchecks on my equipment - does that constitute my modulator being a "station"? What if I play jingles off all my JAM, TM and PAMS collections between the music tracks on my iPod and it's connected to a modulator - does that make my modulator a "station".

There's plenty of internet-based stations not paying royalties - if these clowns went after all these non-complaint streams instead of what is essentially in many cases is a hobbyist blowing off some stream and whose audience is something like 5 people they might actually have a better return on their harassment investment. These people are greedier and have more gall than General Motors!

Sorry for venting folks, but I see more people who put up public internet music streams showing blatant disregard of wanting to being legal and paying their fair share (I did for the 6+ years I ran my stream on Live365 and for the one year I was independent). Then, there's the audacity of these same royalty agencies who want to go after Part 15ers with a whole 5 people listening - most of them being in the person's own home! Give me a freakin' break!
 
Loudcity said:
If your new US-based station webcasts any form of content that is protected by US copyright law, you do not have a right to webcast it without a license, even if you own the CD or purchased the MP3 files through a service such as iTunes or Napster. The penalties if caught webcasting copyrighted music without paying royalties can be financially devastating. The word "bankruptcy" could be quickly added to your list of life experiences.
Click to expand...

http://www.swcast.net
http://loudcity.com/broadcast
http://www.live365.com
 
Prais said:
Mr. Lowpay, obviously you have never dealt with extortionists like ASCRAP or BMI. They also now license beauty shops, drug stores and bowling alleys. I believe it's anyplays with a radio with more than 1 speaker.

Mr. Walker, Part 15 radio is certainly NOT exempt.

I used to own 4 stations and sold them i 1985. I know that they take roughly a bit more than 2% of a commercial stations GROSS REVENUE - not just a fee. Part 15's must pay a fee.

If they catch you they will CERTAINLY SUE, no if's ands or buts. They will WIN because they represent the composer's work, and unless you pay, you better NOT play.
Click to expand...

Well I operate a Part 15 Station. I dont pay royalties. And I certainly dont plan on it either. They can kiss my a**.
 
Status
This thread has been closed due to inactivity. You can create a new thread to discuss this topic.


Back
Top Bottom