Online Radio, Podcasts, and the legal system

Online Radio, Podcasts, and the legal system

My brother has been making a “podcast” for the last two years where he puts a mix on soundcloud once a month and then shares it on facebook. We talked about adding in a few more DJs and calling it a weekly radio show/podcast. I had thought of putting it on the itunes store or finding a radio station when I saw one of my favorites (netmusique) had shut down because of some ten year old copyright infringement law suit.

For you guys who make radio show and podcasts what do I need to know before we take our mixes to something like the itunes store, mixlr, or something similar?

I think youre good as long as the tracks that are played have been released

Think it depends hugely on the country you’re in tbh …

definitely

That’s funny because I was thinking the exact opposite.
When you play an unrealeased leaked track (not encouraging this, but let’s face it, it exists), who can tell who owns the rights on the track ?
Since it’s not released, technically there is no proof that it belongs to the artist.
It’s strange, I’m not a law expert but that seemed logical.

Anyway, I’m looking for an online radio for a weekly residency or something, so if this project is serious, you can send me a pm :slight_smile:

You have to watch out for copyrights with radio broadcasts and podcasts. It has to do with redistribution, duplication, and ownership. If you are old enough to remember the days of the “FBI Warning” at the beginning of VHS tapes, that warning is a generalized summary of a copyright and it works the same for audio recordings. Radio stations buy the rights to the tracks they play. Which the cost of the rights could be passed along to the uploader/host of the program if an infringement suit comes down the pipe, a scenario that would not be a fun time.

Some people are able to get around a copyright by showcasing material as, a “review” of the material, or having a note that states “no copyright infringement intended” (you may have seen this with Youtube videos).

Online piracy has skewed the lines alot over the past ten or so years. But it basically comes down to money and where it ends up. The system will use anyone to make an example, so don’t be reckless with your dealings.

I’ve been doing podcasts and dj mixes for some time, here’s my take on it:

Quite generally, you are all right as long as the songs are mixed, and can’t be bootlegged from your file. This is a general rule though. Technically you are infringing all sorts of rights, but the industry lawyers are way too busy dealing with torrents and the like to give two shits about it. Plus the artists usually like being mixed and podcasted for the promotion, again, as long as it is mixed.
Worst case scenario, you get a cease and desist order, which means you have to take down the file from the server. Not a big deal.

No… it does not…

Released or not the producer still owns the rights

[quote]It’s strange, I’m not a law expert but that seemed logical.
[/quote]

No… you are not…

Hey I have been wanting to release a weekly podcast, of dubstep and electro mixed. But was wondering if that same rule would work? Can I use any music as long as it is mixed in?

What’s the point being mean ?
If you are a law expert, then tell us more about it, we’re all waiting for you :slight_smile:

What proves whose property is it since it has not been registred anywhere ?

For example in France, an organisation has a registry with most of the tunes released. And they are the people you have to pay if you want to play a track at the radio or anywhere where it will be listenened by a lot of people. And I guess that they give back a part of the money to artists.
But after a delay like 25 years i think, the tracks enter the “public domain” and anyone can use them and play them in public for free.

The thing is that when you play mostly “underground” tracks or at least not mainstream ones, then the tracks are not registered by the organisation, and thus you don’t have anything to pay to this organisation.

So when I say you can play unreleased tracks without getting in trouble (I’m talking outside France), I’m not sure at even 0.1% that it’s true, and as somone said before it depends alot on the country where you reside. But still, in many countries (except the US were law are super weird sometimes) we can find a logic in the law. And that’s what I would like to find.

This was something I was originally worried about.
I’ve now been doing internet radio & podcasts for the last 2.5 yrs.

There has been no contact from PRS or any other official representative yet!

I also setup & run a Live stream digital DJ site: http://www.dvsdjtv.com

Again we’ve never been sent any notices or orders for any music issues.
I should state that all the music is mixed in a live performance.
Within the first 3 months from when we first started we had over 80 DJ’s playing 2 hour sets from around the world! Was epic… but hard to keep running 24/7 when you have a life & work outside of the Internet.

I say go for it, you’ve got nothing to lose, but free publication of your DJ skills.

For Podcast & archives check it out.

Peace

Ok, So I did it

I posted this up a while ago, I worked on it and I made a website and I made a feed that can be picked up by itunes, so now I’m going to fill this thing with mixes every week. Figured I’d let who ever replied to this thread check it out. It would be cool if you could give me any feedback on my podcast feed:

and the accompanying website

Any feedback would be appreciated…