Yes, DJing is illegal unless all the licenses are paid. Normally this is not
the DJ's responsibility per se. If you play at a normal venue, it is the club
that pays the licenses to ASCAP/BMI, and not the DJ. Same thing with a radio
station, they would already be paying hefty blanket licenses normally. If you
webcast or post mixes on your own, however, you could be liable for more money
than you will ever make in your entire life.
One interesting point, an underground party promoter (not that these parties
really exist anymore) could get their pants sued off by ASCAP/BMI for not
licensing the music played. And of course, neither organization accepts the
argument that you were playing "independent" music or music that is outside of
their control. It would only take one bootleg remix being played, or an Ugly
Edit, for instance, or anything mainstream to give them reasonable grounds to
sue.
The worst thing is none of this money gets back to indie artists, it goes to
TOP 40 acts, or those who provide some kind of TV or movie soundtracks.
~David
---------- Original Message -------------
Subject: RE: (313) podcasting
Date: Thu, 17 Feb 2005 14:47:37 -0500
From: "Redmond, Ja'Maul" <[EMAIL PROTECTED]>
To: "David Bate" <[EMAIL PROTECTED]>,
"robin" <[EMAIL PROTECTED]>
Quote "So if you have payed your licenses,",,,, End Quote
What does this mean? If you payed for your podcast license ( if there is
one) or your licenses to obtain each track you mix?
If it's the ladder once again, the RIAA has found another way to piss me
off.
If I'm understanding this correctly, If you do a podcast or Simulcast or
any kind of live feed of your MIX, then that's illegal even if you're
doing it for free.
If that's the case then posting a mix online is illegal, shot djing
period is illegal unless your work for a radio station that has bought
all the licenses to play the songs you play. I always thought you only
need to follow the copyright/publishing laws if you plan on SELLING a
mix.
I maybe misunderstanding all of this, if so please explain further.
Ja'Maul Redmond
1100 S. Tryon St. Suite 300, Charlotte, NC 28203
t: 704.343.9900 f:704.343.9999 www.perkinswill.com
Perkins+Will. Ideas + buildings that honor the broader goals of society
-----Original Message-----
From: David Bate [mailto:[EMAIL PROTECTED]
Sent: Thursday, February 17, 2005 2:13 PM
To: robin
Cc: [email protected]
Subject: Re: (313) podcasting
> what i don't understand is, doesn't this mean that if you do a podcast
> you're wide open for the RIAA/BPI to come in a take you to the
cleaners?
Podcasting is covered by the same copyright/publishing laws that are any
other medium is covered. So if you have payed your licenses,
you have nothing to worry about. If you're a live musician and this
is YOUR work, you have nothing to worry about. If giving away other
peoples music for free (which is what podcasting does) and have NOT
payed the correct licenses if the music isn't your own work, then yes
they can take you to cleaners.
And the law doesn't care if you are making money or not. It's the
actual giving away the music that is what breaks the law.
But there are other "copyrights" out there:
http://creativecommons.org/
That allow other options.
Dave
