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View Full Version : I Got A Letter From Sound Xchange Sad Day 2 Day



DirtySouthRadio
07-22-2010, 11:55 PM
one

James
07-23-2010, 12:44 AM
I Got A Letter From Sound Xchange 2 Days Ago Dont Really Know What To Do I Got 4 Days To Figuer It Out Or Be Force Off The Air They Going After All The Big Stations Now http://www.hitzradio.com Got A Letter 2




Today Is There Last Broadcast They Are Shutting Down Tonight At 12pm They Will Be Going Off The Air





Its Sad Day For Internet Radio Man I Dont Know What To Do If Any Can Offer Any Help ... I Have Email Loud city . Swcast & Loudcaster Wating for A Response To See How They Can Help Me




To Whom It May Concern:



We have not yet received your response to our letter regarding Dirty South Radio Online’s potential violation of the statutory license under the Copyright Act for the performance of sound recordings on its web site. A copy of the letter is attached. We look forward to your response.




Regards, Here Is The Pdf They Sent Me Any One Would Like To Read It Give Me Your Opion & Any Help U Can Give Me



http://www.dirtysouthradioonline.com/dsro.pdf (http://www.dirtysouthradioonline.com/dsro.pdf)


Dj Hollywood
WWW.DIRTYSOUTHRADIOONLINE.COM




If you are licensed with Loudcity or even JUST licenced. You are fine, its just a standard letter that gets sent to scare stations that dont have proper licensing.

DirtySouthRadio
07-23-2010, 01:00 AM
so this is a scare tattic sent you a pm

GKIye
07-23-2010, 03:06 AM
its a sad story about HitzRadio ... Its sad and terrible to loose a real radiostation at the www
I'm tuned in at this moment, they are making their last broadcast
see : http://www.facebook.com/hitzradio

saint
07-23-2010, 08:31 PM
Why did HitzRadio shutdown ?

Two words to take care of the Royalty Licensing problem .......... Creative Commons ! There is a TON of music out there that has been released under Creative Commons.

Creative Commons is the NO FUSS solution to your problems. Match the Creative Commons license to the type of station you use and BAM - you are good to go.
End of story.

James
07-23-2010, 10:37 PM
You just use different music ;)

DirtySouthRadio
07-23-2010, 11:37 PM
i would say 40 to 60%% my music i play is most underground independent label music

James
07-24-2010, 01:25 AM
Play 100% of that music and show some evidence to soundexchange that those songs are creative commons licensed. They won't bug you then!

GKIye
07-24-2010, 03:17 AM
Interesting ...
I made a search to some details, who can be interesting to fellow members :
http://creativecommons.org/
Thanks Saint and James to point to the CC
Honestly after all my years of expierence I didn't knew that it excisted ...

I do know that "adapted music" has exceptions to the artist and user of it.
It makes it possible to add/use 1 or more samples into a new music arrangement even open for commercial use
For that reason there are currently many tracks released as remix of an old song (90s and before + classical) ... The fun thing is that from that moment on the royalties goes to the "new" performer and not anymore to the original artist.
Lets say the thin line between whats legal and not legal ... but its being used by a lot of today artists

dotme
07-24-2010, 12:51 PM
There's a common misconception that if you stream indie/unsigned music, no royalties are owed. In the USA, that's not true unfortunately. Underground/Independent Label music is still protected by US Copyright law, and SoundExchange is still the collecting agency. They take the money, and then "try" to find the artist (SoundExchange has a lot of banked funds collected for artists they've mysteriously been unable to locate).

I'm still learning about the Creative Commons licensing model, but I think as a general rule that if you have written permission from all copyright holders of a given work (artist, label, composer, lyricist) then you don't have to pay royalties. Getting those permissions, on every single track on a station, is a lot of work though - if it's even possible.

saint
07-24-2010, 03:04 PM
Creative Commons has 3 licenses.

http://en.wikipedia.org/wiki/Creative_Commons_licenses

People that release content under the Creative Commons license grant the end user specific rights and obligations as stipulated under the particular license they release the content under.

All that is needed is to document that the material is properly released under Creative Commons, and any derivatives (licensed under Creative Commons) that are used are also properly released under Creative Commons license. That is the whole purpose of Creative Commons - license designation. There is absolutely no need for legal "clarification" or review. I release all my written works under Creative Commons for that exact reason. Also, the Creative Commons licenses are applicable to all countries that participate in the World Intellectual Property Organisation (WIPO).

The Creative Commons organisation had the three licenses heavily scrutinised for possible problems arising from ambitious lawyers seeking to make a name for themselves.

Obviously you cannot create Creative Common material from copyrighted material, so you must use common sense when obtaining your content. HOWEVER - If you show "due diligence" or a "good faith effort" in obtaining proper license documentation for any material used, then you are clear.

As a side note:
The Spanish music society attempted to "collect" royalties from a club DJ spinning creative commons music - the Spanish court tossed the case out.
http://creativecommons.org/weblog/entry/5830

To review ..........
If the material is properly documented as Creative Commons licensed material, and you abide by the specific requirements of that license - then you are good to go.

Response to ASCAP’s deceptive claims
http://creativecommons.org/weblog/entry/22643?utm_source=ccorg&utm_medium=postbanner

Electronic Freedom Foundation
http://www.eff.org/

James
07-25-2010, 01:56 AM
There's a common misconception that if you stream indie/unsigned music, no royalties are owed. In the USA, that's not true unfortunately. Underground/Independent Label music is still protected by US Copyright law, and SoundExchange is still the collecting agency. They take the money, and then "try" to find the artist (SoundExchange has a lot of banked funds collected for artists they've mysteriously been unable to locate).

I'm still learning about the Creative Commons licensing model, but I think as a general rule that if you have written permission from all copyright holders of a given work (artist, label, composer, lyricist) then you don't have to pay royalties. Getting those permissions, on every single track on a station, is a lot of work though - if it's even possible.

This is why royalties are complete crap and make hardly any sense for new webcasters!

IDEA: There needs to be a site that unsigned artists can upload their music, stations can download it and download a document saying this is a creative commons piece and therefore 'i allow this to be freely replayed on web radio stations.'

GKIye
07-25-2010, 03:53 AM
Hi James,

Such a website excists ... I mentioned this website/service in the past years several times at BW
http://airplaydirect.com/
Stations have to make a "radio" login and profile
The same can be done by artists
As station you receive Weekly untill Monthly the new releases by newsletter (including direct links to the artist profile)
APD members makes a visit to that artist profile and have to login
Visitors who don't have an ID can only listen to the tracks (flash player)
Stations can listen and download the content as MP3 320kbps or as WAV

In general after one or more downloads is made the artist gonna send you a "thank you" message with included a link to give "a radiocredit" (thats important to the artist for the online APD charts)
APD has also a FaceBook profile
http://www.facebook.com/AirPlayDirect
CEO of APD is Robert Weingartz

IDEA: There needs to be a site that unsigned artists can upload their music, stations can download it and download ....
Secondly there excist a service provided by
http://www.deucemp.com
As station (web, AM/FM) you can broadcast their Weekly 2hour radioset with a wide variety in genres ... Most of the featured artists are members of AirPlayDirect
You can join them by sending Rob (the owner) a request by email
(all details can be found at their website)

Hope this was helpfull

James
07-25-2010, 04:33 AM
Hi James,

Such a website excists ... I mentioned this website/service in the past years several times at BW
http://airplaydirect.com/
Stations have to make a "radio" login and profile
The same can be done by artists
As station you receive Weekly untill Monthly the new releases by newsletter (including direct links to the artist profile)
APD members makes a visit to that artist profile and have to login
Visitors who don't have an ID can only listen to the tracks (flash player)
Stations can listen and download the content as MP3 320kbps or as WAV

In general after one or more downloads is made the artist gonna send you a "thank you" message with included a link to give "a radiocredit" (thats important to the artist for the online APD charts)
APD has also a FaceBook profile
http://www.facebook.com/AirPlayDirect
CEO of APD is Robert Weingartz

Secondly there excist a service provided by
http://www.deucemp.com
As station (web, AM/FM) you can broadcast their Weekly 2hour radioset with a wide variety in genres ... Most of the featured artists are members of AirPlayDirect
You can join them by sending Rob (the owner) a request by email
(all details can be found at their website)

Hope this was helpfull

Very helpful! But as dotme said, you need some proof if you are in the USA and using creatve commons music. Do any of these sites provide documentation or a cc licence that is emailed to you with the songs you download, just in case soundexchange emails you?

I dont think soundexchange would accept it if you emailed them back just saying "Oh, i use AirPlayDirect". You need to have documentation of all of the songs you play on your station, or you pay. Stupid system.

But in Australia its like that, APRA has its monthly royalties rounds around the stations here and we have to document and send every singe song we have played since this time last year and what songs other shows (that dont use our music library) have to send us their tracklistings too! Its a big PAIN!

James
07-28-2010, 11:21 AM
Very helpful! But as dotme said, you need some proof if you are in the USA and using creatve commons music. Do any of these sites provide documentation or a cc licence that is emailed to you with the songs you download, just in case soundexchange emails you?

I dont think soundexchange would accept it if you emailed them back just saying "Oh, i use AirPlayDirect". You need to have documentation of all of the songs you play on your station, or you pay. Stupid system.

But in Australia its like that, APRA has its monthly royalties rounds around the stations here and we have to document and send every singe song we have played since this time last year and what songs other shows (that dont use our music library) have to send us their tracklistings too! Its a big PAIN!

And here's that documentation:
http://www.copyright.gov/licensing/notice-use-2010-7-1.pdf

Show soundexchange or any band criticising you for not having licensing. If you are listed with Live365, Loudcity, Loudcaster etc.. They are listed on that document.

-James