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Avi Jacobson · Guest

My 12-year-old, highly computer-literate son is interested in LEGALLY
running a Webcasting station for non-commercial purposes, using MS
Media Encoder and push-to-server technology. He would like to use this
to broadcast LEGALLY-PURCHASED songs to his friends, under the DMCA
Statutory License.

In trying to research how to proceed with this (at the RIAA Website,
at SoundExchange and at the US Copyright Office Website) it seems that
most of the available information is two or more years old, and all of
the regulations governing this seem to be in "interim" status.

It is difficult to know exactly how feasible this is. Can someone give
me some guidelines on (a) the financial requirements, (b)the reporting
requirements, (c) bandwidth requirements, (d) whether this can
conveniently/legally be done from a home DSL (fixed-IP) account. Also,
how stringently are these regulations and requirements currently being
enforced, and would he be given any flexibility given his age and the
small-scale, non-commercial nature of the project?

Thanks for any replies.

Guest · Posted: Tue Oct 05, 2004 10:28 pm Post subject: Re: Webcasting Question

(a) royalties for non-com
http://www.soundexchange.com/licensee/licensee_nwbs.html
you'll also need to pay ASCAP/BMI/SESAC royalties, which arn't nearly as
much

the recording copys used for streaming also need to be licensed from
SoundExchange, so it doesn't matter how you get the mp3 files, weather from
a recording on a cd you have licensed (cds arn't "bought") or "otherwise".

(b) record keeping requirements
http://www.copyright.gov/fedreg/2004/69fr58621.pdf
also of interest...
http://www.soundexchange.com/plays.html
and there are a few plugins for winamp, as well as a number of automation
software capable of creating compliant log files for submission to
SoundExchange

(c) bandwidth
suffice to say a dsl won't cut it for more than a few listeners even at the
lowest bitrates. you'll need to find a service provider to push your
windowsmedia stream to for re-distribution, i'd reference you to a few but i
don't think that's appropriate on this list.

(d) there's no such thing as flexability when it comes to laws, but there is
such a thing as flying under the radar. generally soundexchange would only
go after the larger broadcaster because thier own legal fees would far
outweigh any income from judgement or settlement. by small, i'm talking
less than a thousand simultanious listeners. obviously if a network of
networks such as ourselfs decided not to pay up, there would be hell to pay,
but we're streaming quite a bit more than anyone on the last arbitron last
time i checked. ;)

hope that gets you started with some insight,

jesse

( this message does not represent the views or opinions of
ioMediaPartners,llc. or radioio.com,llc. - just in case someone's reading
;) )

"Avi Jacobson" <avi-j@pacbell.net> wrote in message
news:32f3deb5.0409271525.7640e34e@posting.google.com...

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