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Same Artist Broadcast Restrictions?

H

H82BL8

Are there different restrictions for repeative programming for Internet Radio than there is for Terrestrial Radio? I haven't been able to find any information regarding repeation at the FCC site.

For example Live365 says that under the DMCA;

  • You may not include in your Internet Radio Programs specific sound recordings within one hour of a request by a listener or at a time designated by the listener.
  • In any three-hour period, you should not intentionally program more than three songs (and not more than two songs in a row) from the same recording; you should not intentionally program more than four songs (and not more than three songs in a row) from the same recording artist or anthology/box set.
  • You should not publish advance program guides or use other means to pre-announce when particular sound recordings will be played or the order in which they will be played.

http://wiki.live365.com/pmwiki.php?n=Broadcasting.OnlySongsFromOneOrAFewOfMyFavoriteArtists[/list]
 
I don't see anything that specific in DCMA. That sounds like something unique to Live365, perhaps under their arrangement with SoundExchange. Or an interpretation of the "circumvent" section, designed to prevent listeners from recording a song off the air.

Imagine if similiar laws were imposed in other forms of broadcasting. Pretty scary.
 
Live365 referencing the DMCA, as an extention of copyright laws, made me wonder if similar laws applied to repetition in radio since the FCC seems to have it's own interpretation of the First Amendment.
 
These DMCA regs appear to be directed at Internet-only broadcasters.

I believe terrestrial stations are able to receive an exemption if the broadcast is originating
over-the-air.

My PRO internet station is required to follow the DMCA requirements you mention.
 
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