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If your station broadcasts or streams music you need licenses. Licensing and the reporting that goes with it are complex and confusing topics, this presentation aims to demystify them in plain English – in the context of noncommercial radio.
Topics include:• Copyright & royalties: musical work, sound
recording• Licensing agencies: ASCAP, BMI, SESAC and
SoundExchange• Licensing options and reporting requirements• DMCA compliance• Webcasting vs. Webcast-archive vs. Podcasting• Q&A
Musical Copyrights and Royalties
Musical composition• Composition and lyrics• Rights held by song writers, composers,
publishers• Administered by PROs (ASCAP, BMI, SESAC)
Sound recording• What’s on a CD or LP• Rights held by recording artists and labels• Administered by SoundExchange
Musical composition Sound recording
Broadcast
PROs:In the USA, AM/FM radio
pays no royalties to sound recording copyright owners
Webcast
PROs:
Public performance & royalty agencies
PROs = Performance Rights Organizations
ASCAP and BMI each offer blanket licenses for both webcast and broadcastSESAC requires separates webcast and broadcast licenses
1988 composition by Nick Cave
“The Mercy Seat”
2000 recording by Johnny Cash
If the Cash recording of “The Mercy Seat” is played, royalties are due:
• Broadcast radioo Nick Cave for the composition (musical work)
• Webcast radioo Nick Cave for the composition (musical work)o Johnny Cash for the recording (sound recording)
Licenses and Feeshttp://spinitron.com/doc/special-topics/webcast-reports/options-compared/
NC Webcaster (WSA) NC Educational (CBI) Public Radio (CPB)
Elect
By Jan 31each calendar year Every 5 years
Audience size covered by minimum fee
159,140 ATH per month= 218 average number of simultaneous listeners
CPB covers all royalties
NPR data processing fees:Annual:• Zero for NPR members• $250 for NPR stream clients• $275 for NFCB members• $500 for everyone else
Quarterly:• $500 for incorrectly formatted
reports
Annual minimum fee
$500
Excess fee (2015)
$0.00083 /performance= $7.27 /listener/month
$0.0025 /performance= $21.90 /listener/month
Proxy fee (reporting waiver)
$100/year if average audience ≤ 5 listeners(annual ATH ≤ 44,000)
$100/year if average audience ≤ 75 listeners(monthly ATH ≤ 55,000)
Not applicable
Eligibility
Any Noncommercial Noncommercial educationalNon CPB grantee
CPB eligible, NFCB member, NPR, APM, PRI, PRX affiliate
Recordkeeping and reporting
NC Webcaster (WSA) NC Educational (CBI) Public Radio (CPB)
Song data to record (playlist logs)
• Song Title• Artist Name• Album Name• Label Name•Number of times a song was played
• Song Title• Artist Name• Album Name• Label Name• Exact start + end time (or duration) of each song
Reporting frequency
Two weeks each quarter, submitted to SX quarterly
Two weeks each quarter, submitted to SX annually
Two weeks each quarter, submitted to NPR/DS quarterly
Reports to submit
• Playlist logs• Play frequency• ATH for reporting
period• Monthly SOA
• Playlist logs• Play frequency
• Playlist logs with exact song time-stamps
• Stream logs with IP addresses and connect/disconnect times
• Update program schedule• Specify reporting period
or ISRC
Audience size
Aggregate Tuning Hours (ATH)
Listener hours added up over some period of time• From your streaming service provider• Calculate from your webcast server log• Estimate
Actual Total Performances (ATP)
How many listeners listened to each song
• Calculate from webcast server log and playlist
logs
Listener Hour
30��
60��
35��
45�� 25�
�
30 + 60 + 35 + 25 + 45 = 195 → 3.25 listener hour😀
Daft Punk – Get Lucky
ATP – Actual Total Performances
ATP fairer than ATH for distribution of royalties
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Ty Segall – Feel Jenny Lewis – Late Bloomer
3:20:14 3:26:24 3:26:42 3:30:57 3:31:12 3:36:25
[6:10] [4:15] [5:13]
DMCA compliance - webcastingPerformance complementIn a 3 hour period the webcaster may transmit no more than:
• 4 tracks by the same featured artist (or from a compilation album) and no more than 3 of those tracks may be transmitted consecutively.
• 3 tracks from the same album and no more than 2 of those tracks may be transmitted consecutively.
No prior announcementsSong identificationProgramming restrictions
• Archived programs• Continuously looped programs• Rebroadcast of programs
Streaming vs. PodcastWebcast
• Non-interacive• Non-subscription• Streaming media
Archived program• At least 5 hours duration• Available for maximum 2 weeks• Streaming media
Podcast• Not covered by statutory licence• Must negotiate with rights holders• Download/reproduction
Information sourcesWebcast Reporting - Spinitron• http://spinitron.com/doc/special-topics/webcast-reports/ Statutory Licensing - SX• http://www.soundexchange.com/service-provider/licensing-101/ Noncommercial Webcaster Licensing - SX• http://www.soundexchange.com/service-provider/non-commercial-webcaster/ Music Licensing for Noncommercial Radio - Prometheus Radio• http://www.prometheusradio.org/musiclicensing Music in Digital Media - Broadcast LawBlog• http://www.dwt.com/advisories/The_Basics_of_Music_Licensing_in_Digital_Media_2011_Update_02_22
_2011/Slides• http://www.dwt.com/files/Uploads/Documents/Presentations/02-11_Oxenford_Texas.pdf Streaming Copyright Basics - GSB Law• http://www.gsblaw.com/pdfs/Reference_Memo_Streaming_Copyright_Basics_0311.pdf Rates and Terms for Noncommercial Broadcasting ASCAP, BMI, SESAC - FR• http://www.loc.gov/crb/fedreg/2012/77fr71104.pdf How the Money Flows - FMC• http://futureofmusic.org/article/article/music-and-how-money-flows Podcasting Legal Guide - Music - CC• https://wiki.creativecommons.org/wiki/Podcasting_Legal_Guide#Using_Music
