Re: [Savonet-users] What are the laws?

2009-09-24 Thread Romain Beauxis
Hi all !

Le jeudi 24 septembre 2009 09:36:23, Gilles PIETRI a écrit :
> > I've been reading for hours and I think Im more confused than ever.  
> > Does anyone have any experience with licensing?  Anyone know if/how the 
> > laws apply to mixes and live broadcasts as opposed to singles playing?
> 
> In France, no matter what you broadcast (remixes, bootlegs, live 
> shows..), you have to get an agreement with several of the rightholders 
> defenders.. That is the SACEM, SCPP, SCPF & so on..
> 
> Even if you play unlicenced (or licenced but on other terms than theirs) 
> music, there is some case you still have to pay a fee.. Which is rather 
> irritating obviously.. And it's not cheap also ;)

Hmmm. Do you also mean it for Creative Commons licensed music ?

About the MP3 format, which was in the initial question, this depends. The 
basics of the license for using mp3 is the patents over the corresponding 
audio technologies. 

However, such patents are not filed worldwide but localy, one for the USA, one 
for Europe etc.. So if there is no patent in your country (say... Russia ?), 
then you don't have to pay a license.

Furthermore, some countries, like the countries in European Union do not 
recognize software patent (to some extend), hence it is highly possible that 
such license fees would be illegal. (to be confirmed)

In any way, one of the main purpose of the ogg codecs was precisely to have 
patent free technologies. So if you stream using one of the ogg codecs, say 
ogg/vorbis, you do not have to pay fees, and will never have.

This fact, by the way, really makes me wonder why hardware manufacturers still 
push for patent-encumbered technologies, which is exactly like shooting its 
own foot where they could use patent-free technologies and save costs..

> As for mixes or bootlegs, there are even artists who refuses them, in 
> case you might alter how good their music sounds..

Hmmm... But I am not sure this is legal for the artist. So far, my 
understanding is that, in France, as soon as you pay the required fees you 
have the right to broadcast the artist's performance. This is probably linked 
to the legal requirement that an artist cannot cancel a publicaly exposed 
artistic thing. 

Most similar to the fact that they can't refuse a cover of their song, can 
they ?

In particular, I remember that radio show on sunday on Skyrock when I was a 
teen that was playing bootleg lives for a couple of hours and was, I believe, 
totaly legal.



Romain

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Re: [Savonet-users] What are the laws?

2009-09-24 Thread Gilles PIETRI
Le 24/09/2009 13:41, Gabriel Afana a écrit :
> I was just thinking today about the legality of streaming all the music 
> that I do.  All of the music on my radio is mixes made by DJs or live DJ 
> sessions.  However, after reading around and looking up on BMI, ASCAP, 
> and the dreaded SoundExchange, it seems that anything we do with an MP3 
> requires royalty fees to be paid to 10 different agencies. 
> 
> I've been reading for hours and I think Im more confused than ever.  
> Does anyone have any experience with licensing?  Anyone know if/how the 
> laws apply to mixes and live broadcasts as opposed to singles playing?
>

In France, no matter what you broadcast (remixes, bootlegs, live 
shows..), you have to get an agreement with several of the rightholders 
defenders.. That is the SACEM, SCPP, SCPF & so on..

Even if you play unlicenced (or licenced but on other terms than theirs) 
music, there is some case you still have to pay a fee.. Which is rather 
irritating obviously.. And it's not cheap also ;)

As for mixes or bootlegs, there are even artists who refuses them, in 
case you might alter how good their music sounds..

Regards

Gilou

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Re: [Savonet-users] What are the laws?

2009-09-24 Thread Brandon Casci
in the United States, if you broadcast music, regardless of the platform,
you pay royalties. The platform can determine who you pay royalties to, and
for the Internet you pay songwriters, artists/performers and labels through
ASCAP, BMI, SESAC and SoundExchange. There are some services you can
broadcast through, like Live365 or LoudCity, if you don't want to personally
navigate the requirements yourself.

There are different types of licenses too, broadcast for both over the air
and Internet, music services such as MusicChoice found on many cable TV
services , venue performances (clubs), and so on.

It's the same in most counties that have a copyright law, but the
organizations would be different.

On Thu, Sep 24, 2009 at 9:19 AM, David Baelde wrote:

> I don't know but I asked myself a similar question. Recently I met
> people (speak up if you want to) whose business is to replay on
> internet music from clubs. The clubs probably pay a license for their
> shows, but does it cover the internet streaming? I guess not. It's
> probably fine until the company that replays their music grows big...
> --
> David
>
>
> --
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>



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Re: [Savonet-users] What are the laws?

2009-09-24 Thread David Baelde
I don't know but I asked myself a similar question. Recently I met
people (speak up if you want to) whose business is to replay on
internet music from clubs. The clubs probably pay a license for their
shows, but does it cover the internet streaming? I guess not. It's
probably fine until the company that replays their music grows big...
-- 
David

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[Savonet-users] What are the laws?

2009-09-24 Thread Gabriel Afana
I was just thinking today about the legality of streaming all the music that I 
do.  All of the music on my radio is mixes made by DJs or live DJ sessions.  
However, after reading around and looking up on BMI, ASCAP, and the dreaded 
SoundExchange, it seems that anything we do with an MP3 requires royalty fees 
to be paid to 10 different agencies.  

I've been reading for hours and I think Im more confused than ever.  Does 
anyone have any experience with licensing?  Anyone know if/how the laws apply 
to mixes and live broadcasts as opposed to singles playing?--
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