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Author Topic: DMCA Rules Question  (Read 4172 times)

cwmedia

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DMCA Rules Question
« on: December 27, 2011, 08:09:56 AM »
Greetings,

I have a question in regards to the following rule from the DMCA:

Quote
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.

We have a non published artist whom we are working with to promote their cause which is to raise awareness to teenage depression & suicide. We was wanting to do two things with them. #1 would be to have a 1-2hr show where we would have them on for interviews and to take questions from the listeners, as well as showcase their music. The second item is that they are going to do a benefit concert this summer, we would like to have the ability to broadcast it live on the air as well.

Will either of these be in violation of the rule noted above? On the surface it appears as yes, but since the artist is doing this with us, I was not sure if there are exceptions to the rules.

Thank you,
Clint

RockRadio1

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    • RockRadio1 Classic Hard Rock & Heavy Metal Radio
Re: DMCA Rules Question
« Reply #1 on: December 27, 2011, 01:42:38 PM »
I am bored so I will take a stab at this.

My guess is that as long as he owns the copyrights to his work he can do as he pleases with it. I should think that written confirmation from him giving you permission to use the works in the fashion that you describe would be all that is needed.

I could be wrong but that makes common sense to me.  ;)

admin

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Re: DMCA Rules Question
« Reply #2 on: December 29, 2011, 08:25:30 PM »
I'm not an attorney but I'm pretty much with RockRadio1 on this one.  However, make sure the artist is only doing his own copyrighted work and have a signed release which you keep.  If he does someone else's copyrighted work, then it definitely comes back under the DMCA rules for Internet Broadcasting.  StreamLicensing does not need or want the release, we are out of the game entirely on "Indie" artists who perform their own works.  So the release is for your protection much more than for ours.
Marvin
StreamLicensing.Com

RockRadio1

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Re: DMCA Rules Question
« Reply #3 on: December 30, 2011, 12:03:33 AM »
Yeah, one hint of a cover track and all bets are probably off  :)