Listen to your favorite music from our licensed radio stations!   

Home Station Directory Radio Players  
Pricing & Signup Broadcaster's Area
 Navigation:
Home
 Listeners:
Station Directory
Radio Players
 Broadcasters:
Broadcasters Area
Pricing & Signup
F.A.Q.
Resource Partners
Tutorials
Community Forum
LoudCity Forum
Legal Info
Contact Us

Author Topic: Asking for a Friend...  (Read 1581 times)

TheDrunkenScoundrel

  • Jr. Member
  • **
  • Posts: 62
    • View Profile
Asking for a Friend...
« on: September 10, 2016, 12:28:21 AM »
I'm posting this here because I don't think it would be covered by opening a ticket:
A local college radio DJ has a very successful weekly show and has been told repeatedly by lawyers that he cannot make podcasts of previous broadcasts available via streaming.
By 'previous broadcasts' we're talking about around 10 years worth.
If all the meta-data or playlists are properly uploaded or otherwise legally documented so licensing is done and royalties are paid..wouldn't it be legal?
Technically the terrestrial station he broadcasts from, being a college station, would fall under the same rules as a Public Radio station...does that make a difference?
I don't think the school could claim they 'own' this or at the very least his 'brand'. He promotes shows and runs his business under the same name as his radio show and even has his own (large) catalog of recorded sessions by the bands he plays.
He is deeply frustrated by this and claims nobody has a solution.
I recommended he just start his own station but I also said I ask around to see if anybody has additional answers.
Since I know many of you have varied experiences and some of it is quite extensive:
Any insights, experience, or ideas?
Thanks in advance.

mrbill

  • Jr. Member
  • **
  • Posts: 61
    • View Profile
Re: Asking for a Friend...
« Reply #1 on: September 10, 2016, 10:07:22 AM »
Podcasts are not covered by the DMCA.  You cannot include music in a podcast unless you have written permission from ALL licensing holders (artists, songwriters, record labels, etc.).  I am certain of this.  See the following article:

http://www.broadcastlawblog.com/2015/02/articles/beware-of-music-in-your-podcasts-soundexchange-ascap-bmi-and-sesac-dont-give-you-the-rights-you-need/

I'll repeat something my mother used to tell me all the time - just because everyone does it doesn't make it right.

I did some podcasts a few years back, but I did them with independent artists who were not signed, so getting the permissions I needed was not difficult.

TheDrunkenScoundrel

  • Jr. Member
  • **
  • Posts: 62
    • View Profile
Re: Asking for a Friend...
« Reply #2 on: September 10, 2016, 06:27:20 PM »
That's exactly what I was looking for.
Thanks.
Utterly ridiculous...if you do a pre-recorded show for your station, upload the  playlist, how is that NOT the same thing?
That is all a podcast is.
And these broadcasts weren't podcasts to begin with...they were broadcasts.

mrbill

  • Jr. Member
  • **
  • Posts: 61
    • View Profile
Re: Asking for a Friend...
« Reply #3 on: September 11, 2016, 05:25:59 PM »
The difference is a podcast is on demand, and the content actually resides (or can reside) on your device.  A broadcast stream (internet radio) does not reside on the listener's device, and the listener has no direct control over it.  Legally, there is a distinction between the two.  Your friend could re-broadcast those recordings over an internet radio station and be perfectly fine (potentially, depending on who holds the rights to the original broadcast).  Making them available to download as a podcast is a whole different animal, legally speaking.

TheDrunkenScoundrel

  • Jr. Member
  • **
  • Posts: 62
    • View Profile
Re: Asking for a Friend...
« Reply #4 on: September 12, 2016, 01:11:37 AM »
That is what I thought.
Though, I wonder if, since the playlists for each previous show hav ebeen posted that might violate the TOS?
I'm going to just press for him to start his own station.
He doesn't have a ton of money, but with Shoutcast you can manage how many listeners you get and protect yourself against rippers.
Thanks again for the input.