New BMI radio deal and radio station podcast rights payments

[davideduardo]

From David Oxenford's Broadcast Law Blog:

"BMI and the Radio Music License Committee announced a settlement of their rate court litigation over the royalties that commercial radio will pay for the public performance of musical compositions licensed by BMI. While we have not yet seen the agreement, the press release already raises one issue likely to sew confusion in the broadcast industry – the extent to which the agreement allows the use of music in podcasts. While the press release says that the BMI license includes the use of music in podcasts, radio stations should not assume that means that they can start to play popular music in their podcasts without obtaining the rights to that music directly from rightsholders. They cannot, as BMI controls only a portion of the rights necessary to use music in podcasts and, without obtaining the remaining rights to that music, a podcaster using the music with only a BMI license is looking for a copyright infringement claim."

The rest of the article is here:https://www.broadcastlawblog.com/20...ail&utm_term=0_550fd6c4c6-fe66c174cc-70189869

 

[TheBigA]

A lot of former radio DJs have attempted to maintain their fan bases by starting podcasts. They'd love to transfer their music show to their podcast. There are two brick walls: They don't get enough downloads to interest advertisers, but any downloads at all trigger digital music royalties for songwriters, artists, and labels. The legal question that's hinted above is: Is a podcast an on-demand download? If so that's a higher rate. Most people download podcasts and listen at another time. If you download a song, you're buying that song. A few weeks ago, SoundExchange announced a way for podcasters to use music:

https://www.soundexchange.com/news/...rs-and-podcasters-with-new-licensing-service/

But if you notice, it didn't mention rates or discounts. It's offering a marketplace for music creators to make their music available. You find the music you want, and pay their price. The bad news here you're not likely to see hit songs in this marketplace. So it's primarily a way for music creators to get attention for work that isn't being heard. Of course, that's one way to do a podcast, as a means of introducing people to unheard music. But not likely a way to attract advertisers. So the conundrum that radio programmers have on FM isn't any easier when they attempt to transition to podcasts.