1. Sound recording Copyright
In the United States, most Internet only radio station’s (webcasters) pay royalties for sound recordings copyrights through what’s known as a “statutory License”. It covers public performance rights and allows the radio station to play any type of music in the United States.
Webcasters are defined as “non-interactive”, meaning they fall under the statutory license which covers pre-programmed shows that listeners cannot skip or select their own music. To obtain a statutory licence in the United States, you will need to contact SoundExchange:
https://www.soundexchange.com/
The performance complement (which limits the amount of times a service may transmit sound recordings from a specific artist or album during a specific period of time) is one qualification to which all webcasters must adhere in order to be eligible under the statutory license. The performance complement may only be violated if the service has received specific waivers from the owner of the sound recording copyright, and unintended violation of these limitations (if corrected) will not cause a service to be ineligible for statutory licensing. The limitations are, specifically:
No more than 4 tracks by the same featured artist (or from a compilation album) may be transmitted to the same listener within a 3-hour period (and no more than 3 of those tracks may be transmitted consecutively).
No more than 3 tracks from the same album may be transmitted to the same listener within a 3-hour period (and no more than 2 of those tracks may be transmitted consecutively).
In other territories, you will have to obtain such authorization from the following Collective Management Organizations in the corresponding territory :
- Canada -
- Resound (Canada)
- United Kingdom -
- PPL (UK)
- France -
- SCPP (France)
- SPPF (France)
- Belgium -
- Simim (Belgium)
- Germany-
- GVL (Germany)
- Italy -
- SCF ITALIA (Italy)
- Spain -
- AGEDI-AIE (Spain)
2. Copyright (songwriters and composers)
Besides obtaining music licenses covering public performance rights for sound recordings, you will also need to obtain licenses from the Collective Management Organizations managing copyrights for songwriters and composers and this, in each territory where you broadcast.
We have listed for example the Collective Management Organizations for the following territories:
- United States -
- ASCAP (US)
https://www.ascap.com/music-users/types/radio
https://licensing.ascap.com/?type=digital
- BMI (US)
- SESAC (US)
https://www.sesac.com/Licensing/Broadcast.aspx
- GLOBAL MUSIC RIGHTS (US)
http://globalmusicrights.com/licensing
- Canada -
- SOCAN (Canada)
- United Kingdom -
- PRS (UK)
- France -
- SACEM (France)
- Belgium -
- SABAM (Belgium)
- Germany-
- GEMA (Germany)
- Italy -
- SIAE (Italy)
- Spain -
- SGAE (Spain)
3. Geolocation Management tool
The music licensing conditions and the price of the licenses can be very different pursuant the territory where you broadcast.
In some instances if music licensing conditions in some territories are not in your price range then you can choose to geo-block the access from listeners in these territories to your radio station, by using the “geolocation management tool“ provided by Shoutcast. According to the subscription you will choose on Shoutcast, you will have access to the Shoutcast radio manager allowing you to block the streams of your radio station in territories you have selected. Listeners from geo-blocked territories won’t be able to tune in.
Disclaimer: Please feel free to explore the information given in this section as an educational resource only. Shoutcast cannot give legal advices. If you have questions regarding your service’s eligibility or compliance with music copyright licensing, please seek legal counsel.
Comments
0 comments
Article is closed for comments.