The situation is probably pretty similar to that mention in: http://www.salon.com/tech/feature/1999/04/09/shoutcast/ Which has memorable quotes like: [...] Thanks to the new Digital Millennium Copyright Act, and a convoluted system of music licensing based on that of terrestrial radio, webcasting now requires up to five licenses for various "rights." As Brian Zisk of Green Witch Radio groans, "Right now we are spending so much money on lawyers -- there are five agencies you've got to go through to clear," and with few legal precedents, the process is a mess. [...] The RIAA is also expected to announce the cost of its license within the month. ...and I espically liked the following: If you want to legally Shoutcast any music produced by major record labels, you would currently need to get licenses from ASCAP and BMI -- which generally run in the hundreds of dollars each -- plus a license from the Recording Industry Association of America (RIAA), the price of which has yet to be set. [...] Ironically enough, it isn't even legal to broadcast the music from independent artists that is freely available on sites like MP3.com [...] I've often wonder what would happen if someone put up a "tunable" web radio station that digitized the station that some web peruser decided to tune in. You could argue that it was not "you" that decided to stream any one particular station or piece of music. But then I remember that it's not nice to confuse poor helpless animals such as lawyers, judges and juries. [cfb mounts plain wooden tack-nailed soap-box with dove-tail joints]: I know that US legislation tends to garner a blind following around the world (with minor adjustments of jurisdiction and timezone), but let me tell you a thing or two about US legislation: It is largely exerimental... doubly so whenever congress gets together to "decide" (as if... they're quite well paid to push decision that are made for them by Corps.) how many angles will dance on the head of the "New Economey" pin. The DMCA is particularly *bad* piece of legislation and it has yet to stand the test of time. It is my most sincere hope that rest of the world has enough back-bone to tell the US where they can stick that particular document. [cfb dismounts soap-box leaving a flaming cube that shines so that others may see] ...don't even get me started about what it takes to coerce "free" and commercial streaming media servers to work properly with multicast. oh, and I suppose you want me to move this to the mbone list too... Simon Lyall wrote:

On Tue, 20 Mar 2001, Tim Shackleton wrote:

...

Friendly reminder. There's an organisation called APRA (Australasian Performing Rights Association) who need to know if music owned or licensed under any copyright is being broadcast in any form, to any persons. Don't forget to tell them if you're streaming other peoples property, or they'll get their dogs out.

It's worse than that even.

I had a talk to a guy at Radio NZ about streaming out them and apparantly their legal opinions are that broadcasting material over the Internet is completely seperate from normal radio type licences.

He gave me the impression that the music companies won't let you just send stuff out under a normal radio station lisense but what an additional cut of any music broadcast. NZ only *might* be okay but almost certainly not International.

Hence he was only able to make the programs they created themselves rather than streaming everything.

So while in theory you can just pony up a couple of hundred $ a year for a non-commercial license in practice I wouldn't recomend it until the whole legal situation is sorted out.

-- Simon Lyall. | Newsmaster | Work: simon.lyall(a)ihug.co.nz Senior Network/System Admin | | Home: simon(a)darkmere.gen.nz ihug, Auckland, NZ | Asst Doorman | Web: http://www.darkmere.gen.nz

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You don't need a license to broadcast over the internet. The issues with RF broadcasting, and the regulation problems therein are in place for sensible reasons, thus to avoid Joe Megawatt deciding to broadcast over Selma's favorite listen, 1YA. Also, any radio doOd will know that CW transmission (even FM fits in here) creates sidebands, so you have to work your spectrum right to avoid A+B=C problems. What you DO need, however, is to be paying royalties to the local royalty distributor, in this case, APRA. If you were in the US, it'd be to the RIAA, or local subsidiary. If you are a charity, APRA will charge you a set fee, since the station is not a trading entity. If you aren't a charity, or some community owned outfit, they will expect a spreadsheet of what you've played, when, and how much, and will charge you the performers royalties thus. APRA isn't a license, it's an efficient means of distributing performers and writers the dollar they deserve. T. On Fri, 23 Mar 2001, Chris Rigby wrote:

...

I've often wonder what would happen if someone put up a "tunable" web radio station that digitized the station that some web peruser decided to tune in. You could argue that it was not "you" that decided to stream any one particular station or piece of music. But then I remember that it's not nice to confuse poor helpless animals such as lawyers, judges and juries.

Something of this nature already exists in New Zealand. A couple of normal broadcast radio station take their broadcasts and encode them for internet broadcast. The question is... do they need these additional liscenses or are they ok with the ones they have... do they suddenly break the law by re-broadcasting over the internet?

Chris Rigby Senior Systems Engineer IHUG - Into the Internet

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On Tue, Mar 20, 2001 at 03:50:36PM +1200, Simon Lyall wrote:

On Tue, 20 Mar 2001, Tim Shackleton wrote: He gave me the impression that the music companies won't let you just send stuff out under a normal radio station lisense but what an additional cut of any music broadcast. NZ only *might* be okay but almost certainly not International.

http://www.dnalounge.com/backstage/webcasting.html If only a small fraction of that applies to internet broadcasts from NZ, it's still pretty bad :) --------- To unsubscribe from nznog, send email to majordomo(a)list.waikato.ac.nz where the body of your message reads: unsubscribe nznog