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View Full Version : Is iTunes an Authorized Way of Getting Music for Your Station?



eh94
12-19-2013, 05:16 PM
Hi all, I'm new here. I searched around the forums to find any information about authorized sources for getting music to play on your radio station. I am licensed as a pro broadcaster through Live365 and they handle all of my reporting. Can I purchase tracks from iTunes and use them on my station. I know that DMCA regulations state that I can only play "authorized" copies of tracks, so I guess I'm wondering if I can use iTunes. Also, is it against the iTunes EULA to use tracks for radio broadcast.

Also would like to know if anyone has any info of the such on Amazon MP3?

If any of this doesn't make any sense, does anyone mind telling me where you get you legal music from? CDs? From labels? etc...

Thanks,
Eric

eddas
12-24-2013, 07:27 PM
Probably not. Strictly speaking, when you purchase music via iTunes or Amazon, you are purchasing a license for private use.
Since you are with Live365, it would probably be best to ask them.

I don't know if it applies to Live365, but stations that are registered with StreamLicensing, can sign up with airplaydirect.com (http://airplaydirect.com/) to get music for their stations, at least according to members of their forums. So you could check with them if your Live365 pro account qualifies.

eh94
01-08-2014, 05:16 PM
Thanks for the response.
Just an update: Live365 does allow music from iTunes and AmazonMP3. All music from those directories are covered. Also, according to the Live365 guy I spoke with, anything on discogs.com (http://www.discogs.com) is covered through Live365's licensing model.

Urban Hitz Radio
01-14-2014, 01:12 AM
Yes. iTunes can be a way of getting good music for use on your station. For those broadcasters who are not using a service like Live365 OR StreamLicensing, LoudCity; just purchasing music from iTunes does not give you free reign to NOT pay licensing fees. You still have to pay for royalties, even though you purchased the .m4a for $1.29.

***Also Twitter is a good way to get music from up and coming artists in your genre.

EZRyder
02-19-2014, 06:00 PM
From what I understand, purchasing music---whether it's on a physical medium like CD's/Vinyl or an 'ephemeral' medium like an MP3 file---gives you a limited license to use that music for personal use.

'Performing' (playing) this music in a public location is not allowed without the proper licenses and would constitute a breach of the copyright holder's rights. For the sake of clarity, the laws that be also consider playing a song for someone over the internet (streaming) a 'Public Performance' as well.

Companies like StreamLicensing, Live365 and LoudCity (what's with not putting spaces in these company names??) provide licensing for their broadcasters, meaning that each station then has the authorization to 'perform' the original author's music. You can also get authorization through direct permission from the content creator.

That being said, if the artist whose music you're looking to use is NOT registered with any of the Performance Rights Organizations that the above companies report their royalties to, then getting licensing does NOT give you permission to use their work. This is typical of independent artists, who may not belong to any of these organizations and are not affiliated with a label or publishing company. You'll have to reach out directly to the artist/band and get their direct permission to use their music.

This very premise does give you an alternative to getting licensing: only use independent artists, and get their written authorization. This could potentially give you a catalog of music that you have permission to use, without needing to pay licensing fees. A lot of musicians (myself included) would forego the $.0023 of per performance royalties they would get in exchange for promotion.

To conclude... yes, you can use the music you have purchased as long as you have licensing coverage, and as long as the artist(s) in question are affiliated with one of the main Performance Rights Organizations---SoundExchange, BMI, ASCAP, SESAC.

It's possible that I may not have all my facts in line, but I believe the above to be correct... licensing as a whole can be very confusing

MarcAlle
02-19-2014, 09:57 PM
From what I understand, purchasing music---whether it's on a physical medium like CD's/Vinyl or an 'ephemeral' medium like an MP3 file---gives you a limited license to use that music for personal use.

'Performing' (playing) this music in a public location is not allowed without the proper licenses and would constitute a breach of the copyright holder's rights. For the sake of clarity, the laws that be also consider playing a song for someone over the internet (streaming) a 'Public Performance' as well.

Companies like StreamLicensing, Live365 and LoudCity (what's with not putting spaces in these company names??) provide licensing for their broadcasters, meaning that each station then has the authorization to 'perform' the original author's music. You can also get authorization through direct permission from the content creator.

That being said, if the artist whose music you're looking to use is NOT registered with any of the Performance Rights Organizations that the above companies report their royalties to, then getting licensing does NOT give you permission to use their work. This is typical of independent artists, who may not belong to any of these organizations and are not affiliated with a label or publishing company. You'll have to reach out directly to the artist/band and get their direct permission to use their music.

This very premise does give you an alternative to getting licensing: only use independent artists, and get their written authorization. This could potentially give you a catalog of music that you have permission to use, without needing to pay licensing fees. A lot of musicians (myself included) would forego the $.0023 of per performance royalties they would get in exchange for promotion.

To conclude... yes, you can use the music you have purchased as long as you have licensing coverage, and as long as the artist(s) in question are affiliated with one of the main Performance Rights Organizations---SoundExchange, BMI, ASCAP, SESAC.

It's possible that I may not have all my facts in line, but I believe the above to be correct... licensing as a whole can be very confusing

Sounds spot on. The exception is when the artist sends you the music directly. It is IMPLIED that it is free to play if the company sends it to you in the "consideration for airplay" format.