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Podcasting Royalties?

M

modrockfan

How long before RIAA starts going after Podcasters for royalties for their shows? If piracy is one of the reasons for wanting to hit streamers with such a big fee (their original proposal, not the final CARP figure), then how much more should Podcasters be asked to pay since you are downloading an actual file?

I'm just curious as to what others think.<P ID="signature">______________
Crescent City Radio Connection
Zephyr Radio</P>
 
> How long before RIAA starts going after Podcasters for
> royalties for their shows? If piracy is one of the reasons
> for wanting to hit streamers with such a big fee (their
> original proposal, not the final CARP figure), then how much
> more should Podcasters be asked to pay since you are
> downloading an actual file?
>
> I'm just curious as to what others think.
>

Check around, podcasters are being asked for payments and have been since nearly the start of podcasting.
 
> Thanks. I guess it isn't just the big news that it was when
> they cracked down on streamers.
>

Could someone explain to me just what does the RIAA do? What actual authority would they have to come to my house and demand payment for the use of recordings they had no hand in creating? What authority do they have to march into a store that has a local station playing and demand that the owners either pay up or shut it down or face legal action? That makes about as much sense as me demanding that Delta Airlines pay me every time one of their planes flies over my house.

I thought ASCAP and BMI were the ones who collected performance royalties and monitored airplay, etc.

KL

<a href="http://home.nc.rr.com/gttyson/lastradio.html">The Last Radio Station<a>
 
Someone else can explain this better, but posts are slow to get answered on this board. RIAA is the recording industry. As long as you are paying your royalties, you will be fine. I didn't mean to freak you out. They aren't another collection agency, per se.<P ID="signature">______________
Crescent City Radio Connection
Zephyr Radio</P>
 
> How long before RIAA starts going after Podcasters for
> royalties for their shows? If piracy is one of the reasons
> for wanting to hit streamers with such a big fee (their
> original proposal, not the final CARP figure), then how much
> more should Podcasters be asked to pay since you are
> downloading an actual file?

GarageBand.com has a podcasting setup where you can use the music that's available on there as part of your Podcast. I've been looking into that (as I try to learn more about Podcasting), but I'm curious as to what you'd do to get the licensing for a particular song that's not included in that. For example, if I want to play, say, "Why You'd Want To Live Here" by Death Cab For Cutie in a given Podcast, who would I even go through to gain that clearance? I don't mind paying royalties to the appropriate people (so long as it's not cost-prohibitive, in which case I just wouldn't use the music), but there doesn't seem to be a clear way in which to do that.<P ID="signature">______________
Lou Pickney
Tampa, FL
RadioHotTalk.com & VarietyHits.com</P>
 
> Someone else can explain this better, but posts are slow to
> get answered on this board. RIAA is the recording industry.
> As long as you are paying your royalties, you will be fine.
> I didn't mean to freak you out. They aren't another
> collection agency, per se.
>


And that's ALL they are, a collection agency, taking their cut like everyone else up and down the industry food chain. No wonder so many artists nowadays are going the internet-distribution route. The prospect of someone with absolutely nothing to do with the actual creation of the music taking a huge chunk of THEIR rightful money would put me off too if I was a musician.

There was a thread here a while back about playing a radio in a store for background music. I know of several small businesses around here that have the local oldies station or the local soft-rock station playing in the store every day. If some stranger walked in and demanded they pay up or shut it off, they would be rapidly shown the door or the local constabulary would be summoned. Would the same rules apply for the laundromat that has a TV? Or a sports bar?

The RIAA and its cronies need to realize they no longer absolutely control
the distribution of recorded music like they did only a few years ago. There are too many alternative channels for them to police effectively. It's like herding cats. Suing their own customers is a pathetic last-gasp attempt to keep their hands in the consumers pocket as well as the musicians. The same logic is being used against webcasters and podcasters, but there are Many of Us and only a Few of Them, and we will win by sheer force of numbers.

The consumers are in control of the means of production and distribution. Karl Marx would have loved it.

KL

<a href="http://home.nc.rr.com/gttyson/lastradio.html">The Last Radio Station<a>
 
> There was a thread here a while back about playing a
> radio in a store for background music. I know of several
> small businesses around here that have the local oldies
> station or the local soft-rock station playing in the store
> every day. If some stranger walked in and demanded they pay
> up or shut it off, they would be rapidly shown the door or
> the local constabulary would be summoned. Would the same
> rules apply for the laundromat that has a TV? Or a sports
> bar?

Don't quote me as speaking gospel, but the way I understand it(and please correct me if this is wrong), a radio playing on a counter or shelf in a store is O.K.
Pump that radio signal through a p-a system all over the store, then, there's trouble a'brewin'.

As for TV, when I sold cable service, a business that had a TV (or TVs) hooked up to cable did not pay extra, but was listed in the computer as a "Commercial account". The difference was multiple outlets like a motel, which would get a break on the price of regular service and usually had HBO on a channel as well.
Pay-per-view channels were not allowed in commercial accounts.
The problems occured when the owner of the business/building would run a line from "his"
account upstairs where he lived to downstairs in the pizza shop or resturant.

<P ID="signature">______________
"Be seeing you..."</P>
 
> Good question. It's a matter of interpereting the Fair Use laws once again,
and it doesn't look good. This is, of course if the podcast of entire music tracks in a sequence or a mix-tape becomes the penultimate debate.
 
> > As unfair as that may seem, the RIAA more or less is a group that was created by the record labels. They are the arbitors for the recording groups in the U.S. ASCAP and BMI are different, and collect payments for the authors of recorded works, not necessarily the performers or the labels. Also, since the radio industry basically grew up with the recording industry, enough time and arguing has passed in the days of 78's and Victrolas such that big lawyers made it possible for radio stations to be exempt from RIAA royalties, but not their respective internet broadcasts.

You podcasters need a lobbying group much like the internet guys do, to help you along. You can begin by establishing an equivalent of the NAB. Yes, its gonna be a long hard road.
 
Yep I used to be roomates with a guy who was basically a "cop" for several cable companies, and would go around to the local businesses such as sports bars, and make sure that they wern't showing very specific content that was sposed to be locked out, like certain sporting events or concerts... Or entire channels.

Back to podcasting, free podcasts are in the same grey area that "mix-tapes" have been in for a while now, but thanks to the DMCA, the RIAA and MPAA (i've already seen a few video podcasts) are looking to have the DMCA ammended to include anti-podcast provisions, among other nerfs.

I don't know if thier changes are going to threaten radioio per say, so I cant say if we'll be kicking in a million bucks to litigate this like with SWAA... but I can say that I know of people who would be interested in this. :) So don't throw in your towels just yet!
 
Hi everyone:

> You podcasters need a lobbying group much like the internet
> guys do, to help you along. You can begin by establishing an
> equivalent of the NAB. Yes, its gonna be a long hard road.

We already do. It's called Creative Commons. Creative Commons licensing is used to acquire most podsafe music (though other methods are used as well). In exchange, the artist gets a little exposure. There are websites devoted to ROYALTY FREE music. Check out http://www.music4ipods.com and http://www.freeplaymusic.com/ for more info.

I think once those of you who stream realize just how safe podsafe music really is, you'll wonder why you hadn't used it before. :)

Cheers for now :)

Pat Cook
Denver, Colorado
<P ID="signature">______________
patspodcast03a.jpg

http://patspodcast.blogspot.com/
Radio? Uhh.....What's THAT?? :)</P>
 
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