Does an Internet Talk Show Require Royalty Payments to SoundExchange?

Hello, this is my first post, and after having spent approximately the last 48 hours searching for a definitive answer, I thought it might be helpful to get some other people's opinions.

NOTE: It is entirely understood that any opinions offered should not be construed as legal advice, and as such any reply shall be viewed solely as an individual's personal opinion.

My show and the larger network are set for a September launch, and it is my most sincere desire to comply with statutory regulations, thus hedging against any potential for copyright claims. As such, it is nice to see BMI and ASCAP have finally managed to make the process of applying for the appropriate license both far more affordable and extremely efficient via each organization offering online processing.

However, it is still somewhat a mystery whether or not the show/network will need to register with SoundExchange as my reading of the 37 CFR §270.3-Paragraph(b) 8-iii(A) indicates that incidental use for bumpers, stingers etc do not qualify as a performance.

The relevant section of TITLE 37 C.F.R is as follows:

37 CFR §270.3 b
...

(8)
...
(iii) An incidental performance that both:

(A) Makes no more than incidental use of sound recordings including, but not limited to, brief musical transitions in and out of commercials or program segments, brief performances during news, talk and sports programming, brief background performances during disk jockey announcements, brief performances during commercials of sixty seconds or less in duration, or brief performances during sporting or other public events and

(B) Other than ambient music that is background at a public event, does not contain an entire sound recording and does not feature a particular sound recording of more than thirty seconds (as in the case of a sound recording used as a theme song).

You should probably ask one of the JLA's owners about this. My gut says maybe, but they may say otherwise. just because Sound exchange is has always been one of the more aggressive royalty groups for revenue (probably because the actual artist usually cry the loudest lol) . I think their is a stipulation for SX on this.

Try Brandon/John at Loudcity, or try Marvin at Stream Licensing.

Hi Allison,
This sounds like a question for Mike Phillips and I'm sure he will chime in shortly. I do recall viewing a YouTube video or reading something regarding this topic and it was centric on 'how to' make your webcast more professional. In fact, it specifically recommended specific websites that sell royalty free music. You pay for the song or jingle you want and that's it.

By the way, I'm also fairly new but welcome to the forum and good luck with your launch date.

Considering the question above, the information contained at this location may be of assistance...
http://wiki.creativecommons.org/Podc...0.9D_Exception

It is quite long and contains a lot of information, but it may be helpful.

the problem with that info is its more tailored for CC. I really wish that CC groups like Magnatunes and Jaramondo would open their catalog to radio. Its kinda sad that somehow, someone took the concept of creative commons music, and shut the door on those who would want to spread that music, rather than have a sole distributor, who acts as an authority much like a RIAA entity themselves.

Not that magnatunes is bad, and its Founder/owner John Buckman is the CEO of the EFF. So it is what it is.

Keep in mind as well that if the station is running ads in-stream, you will need a SESAC license as well (pretty sure, for internet broadcasters) If I remember correctly. They are the intermediates for in-stream revinue generation. then again, you might qualify for the SESAC “All-Talk” amendment.

Wow, thank you to everyone for offering up great information, I look forward to finally nailing down a definitive answer as it will be nice to perhaps draft a sort of lay person's WIKI on the back office aspects of internet broadcasting.

@Brutish Sailor: I thought SESAC was another PRO and one would only need their blanket license if utilizing their catalog. Do you by any chance have a link to the specific issue you raised pertaining to SESAC and in-stream advertisements?

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Originally Posted by Allison

Wow, thank you to everyone for offering up great information, I look forward to finally nailing down a definitive answer as it will be nice to perhaps draft a sort of lay person's WIKI on the back office aspects of internet broadcasting.

@Brutish Sailor: I thought SESAC was another PRO and one would only need their blanket license if utilizing their catalog. Do you by any chance have a link to the specific issue you raised pertaining to SESAC and in-stream advertisements?

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When I get back from work I'll pull it up the references. Its been a big one for JLA's for years. But your right, you might never touch a catalog listing, so your probably exempt from that clause. (should not be construed as legal advice, and as such shall be viewed solely as an individual's personal opinion LOL)

Quote:

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Originally Posted by Brutish Sailor

the problem with that info is its more tailored for CC. I really wish that CC groups like Magnatunes and Jaramondo would open their catalog to radio. Its kinda sad that somehow, someone took the concept of creative commons music, and shut the door on those who would want to spread that music, rather than have a sole distributor, who acts as an authority much like a RIAA entity themselves.

Not that magnatunes is bad, and its Founder/owner John Buckman is the CEO of the EFF. So it is what it is.

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I tried to raise this issue with John Buckman many years ago. It was at a conference in Brighton, England. Magnatune are happy to draw a line in the sand and license CC music. It is their line only though. If I remember correctly there was some noise about Magnatue giving themselves the authority to determine what is commercial use. I remember he also dismissed the owning of any physical music as a fetish. Ted Nelson was at the convention as well. Not sure which of them was crazier.