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 Post subject: DMCA stuff
PostPosted: October 14th, 2008, 1:01 am 
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Ive done a search and found bits in different posts. I would like all the info together and see if I have it right. If there are other important rules could they be posted here also ?

First playlist rules:

In any 3-hour period, we are allowed to webcast:
- No more than 3 songs from one album;
- No more than 2 played consecutively
- No more than 4 songs from a set/compilation;
- No more than 3 played consecutively
- No more than 4 recorded songs by the same artist (live studio appearances are ok)

Then on displaying upcoming songs:

You can not say what song(s) are playing next.

But can you list the artist(s) coming up next ?
This is copied right of my site, is it legal, artist names but not song names ?
"Coming up: Reel Big Fish Tim Armstrong The Pepper Pots "


Then, songs can not be played randomly ?

This means randomly by machine ? If I go pick 5 songs at random then it is ok but if by computer is must use a playlist with rules, like whats in SAM, with song weights ?


Do these rules apply to everyone (mtv, on air tadio stations, etc) ? Or just untrustworthy people (in their eyes) like us on the internet ?

As many on air rock stations rock blocks, maybe like metallica blocks, with maybe 4-8 songs in a row, breaking the 4 in a row law ?

Even recently (last few months) on XM radio, they have played entire albums, in order, breaking every playlist rule ? And giving advance notice what time / channel so & so's new album would be debuting...

And on air stations often say what songs are coming up "we will have the latest song from Madonna right after traffic and what ever you want from T.I at the top of the hour so stay tuned"

CMT's web site use to show (they still might, I havent looked) what video were coming up in the next hour, in order.

Has anyone here or someone you know gotten any copyright / dmca notices ? If so what have they wanted done ? I have tried to set up my station on the up & up, with links on my site to amazon mp3 downloads and rapcity. I have about 1700 songs in my main playlist so I dont think Ill have a problem playing the same song with in 3 hours.

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 Post subject: Re: DMCA stuff
PostPosted: October 14th, 2008, 7:33 am 
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The problem with getting information on the DMCA is that it did not become a single entity unto itself when it became law (q.v. I'm Just A Bill). The Digital Millennium Copyright Act made modifications to various parts of existing copyright law so the provisions are spread all over US code.

The Disclaimer
I am not a lawyer but have been at this for a while and had this discussion many times. These comments are based on my experience and personal research. ymmv

Some short answers:
You can list artists. You can mention songs you play. What you can't do is display a schedule of upcoming material and the time it will be played, such as
Quote:
Coming Up at 11:07>Bongo Lovin' Boyz - I'd Like To Play Those Bongos

What you have is legal afaik.

The wording in those playlist restrictions is along the lines of "...you should not intentionally program..." There is nothing against playing songs randomly as long as you have a sufficient selection that would work generally.

Those particular rules apply to stations which stream exclusively on the internet. There are different rules for services which put their streams on the web in addition to their regular transmission and for interactive or subscription services. Cable TV is another world entirely.

You should be fine if you get your proper licenses from the copyright office and the performance rights organizations (ASCAP, BMI, SESAC) or go through a provider like Live365 or Loudcity which cover streams under their licenses.

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 Post subject: Re: DMCA stuff
PostPosted: October 14th, 2008, 1:51 pm 
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Ok, thats what I was wondering about.

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 Post subject: Re: DMCA stuff
PostPosted: October 24th, 2008, 4:05 pm 
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Elevatorboy wrote:
The Disclaimer
I am not a lawyer but have been at this for a while and had this discussion many times. These comments are based on my experience and personal research. ymmv

Those particular rules apply to stations which stream exclusively on the internet. There are different rules for services which put their streams on the web in addition to their regular transmission and for interactive or subscription services. Cable TV is another world entirely.

You should be fine if you get your proper licenses from the copyright office and the performance rights organizations (ASCAP, BMI, SESAC) or go through a provider like Live365 or Loudcity which cover streams under their licenses.


Actually, the fact is that the DMCA laws that apply to that stream exclusively on the internet also apply to terrestrial AM/FM broadcasters that offer their programming on the internet.

I recently had a discussion on this very topic with a well-known broadcast attorney; and there's many violating these rules. However they are not being enforced by Sound Exchange, The Copyright Office or whoever. At least not right now.

Remember the licensing rates you do pay are based on adhering to the rules.

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 Post subject: Re: DMCA stuff
PostPosted: October 24th, 2008, 4:36 pm 
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I'll take your word for it. I was under the impression that the TRs had additional concerns wrt to blocking certain ads, etc. due to AFTRA agreements and such.

The key is "do the right thing." Find out what your responsibilities are and abide.

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 Post subject: Re: DMCA stuff
PostPosted: October 24th, 2008, 5:12 pm 
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Elevatorboy wrote:
The key is "do the right thing." Find out what your responsibilities are and abide.

In Hawaii, we call that pono.

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 Post subject: Re: DMCA stuff
PostPosted: October 24th, 2008, 6:43 pm 
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Elevatorboy wrote:
I'll take your word for it. I was under the impression that the TRs had additional concerns wrt to blocking certain ads, etc. due to AFTRA agreements and such.

The key is "do the right thing." Find out what your responsibilities are and abide.


Indeed. After pointing out to my attorney friend that there's many Top 40/CHR webcasting terrestrial stations clearly violating the artist/album/title rules, he wasn't quite certain what the penalties could be, but the rates established clearly are based on adhering to those rules. You break them and the established rates could possibly go out the door and you could be liable for whatever they want.

Who wants to be the test case?

Ads are a different discussion all together. Ad blocking is only pertaining to AFTRA union agreements. Spots voiced by local non-union talent does not apply; however managing whats AFTRA/what is not is a burden for most terrestrial broadcasters, so they cover virtually all their breaks, even though there's spots they really don't have to.

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 Post subject: Re: DMCA stuff
PostPosted: October 24th, 2008, 7:47 pm 
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See, learn something everyday. It was so tangled up during the CARP barrage that I was led to believe that AFTRA had gotten it into the law.

Thanks for the info.

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