Music 199-Webcasting And Licensing

Front 1

Identify and briefly explain the 3 basic categories of internet music.

Who identified these?

Back 1

(1) Webcasting--real time, non-interactive broadcast of music over the internet
----simulcasting
(2) Interactive streaming--real time, interactive broadcast of music over the internet with use control
----tethered downloads
(3) Downloading--transfer of internet audio files to a user's host computer
----non-tethered downloads

Front 2

What is an example of non-interactive webcasting?

Back 2

Traditional radio stations
--WCHC, WBZ
--performing non interactive streaming
--aka internet radio

Front 3

What are some examples of interactive webcasters?

Back 3

Free Services
---Pandora
Subscription Services
---Rhapsody
---MusicNet

Front 4

How are non-interactive and interactive streaming and downloaded treated?

Back 4

They are all treated differently
---"non-tethered downloads" are basically treated like a tangible sale, such as a CD

Front 5

What did the Audio Home Recording Act of 1992 do?

Back 5

--imposed a levy on digital audio tape recorders (DAT)
------payable to the copyright office
------which dispensed the fun to labels, artists, publishers and songwriters
------the fund is almost negligible at this point b/c DAT recorders are obsolete and the law does not cover computers and mp3 players

Front 6

What must recording devices now include?

Back 6

a chip that could defeat serial copying

Front 7

What is SCMS?

Back 7

Serial Copying Management System

Front 8

The AHRA stated that what kind of copying was legal?

Back 8

One time copies from purchased media for "own personal use"
----although the statute never included computers and mp3 players

Front 9

What did the Digital Performance Right in Sound Recordings Act of 1995 do?

Back 9

--There had never been a compulsory license for broadcasting master recordings over the radio.
--Congress granted such a right to labels in 1995 for music transmissions over the internet by webcasters

IN SUM: Webcasters now have to pay a public performance license.

Front 10

What entity came out of the Digital Performance Right in Sound Recordings Act of 1995?

Back 10

the SoundExchange

Front 11

What does the SoundExchange do?

Back 11

It supervises the process to administer and collect fees for webcasting

Front 12

What is the payment breakdown to copyright owners for webcasting?

Back 12

---Record labels--50%
---Performing artist--45%-50%
---AFTRA and AFM--5% (backup artists)

Front 13

What are the 4 requirements of webcasters under the Digital Millennium Copyright Act of 1998?

Back 13

(1) may not play more than 3 songs from one album in a 3 hour period
(2) may not play 4 songs from one artist in a 3 hour period
(3) must employ non-interactive streaming with no possibility of downloading, just like radio
(4) must clearly identify the song, artist, and album title during transmission

Front 14

What 3 licensing categories do distributors of music over the internet have to concern themselves with?

Back 14

(1) master license
---gives the right to transmit copyrighted RECORDINGS over the internet
(2) Performance license
---gives the right to transmit copyrighted MUSIC over the internet
(3) mechanical license
---the right to distribute and sell for download copyrighted MUSIC over the internet (like CDs)

Front 15

Webcasting:
1-permission, yes or no?
2-master license, yes or no? if yes, from who?
3-performance license, yes or no? if yes, from who?
4-mechanical license, yes or no?

Back 15

Webcasting
1-permission-yes
2-master license-yes-sound exchange
3-perf. license-yes (ASCAP, BMI, SESAC)
4-mechanical license-no

Front 16

Interactive streaming:
1-permission? yes or no?
2-master license, yes or no?
3-perf. license, yes or no?
4-mechanical license, yes or no? if yes, from who?

Back 16

Interactive streaming:
1-permission-yes
2-master license-no
3-perf. license-yes (ASCAP, BMI, SESAC)
4-mechanical license-yes (Harry Fox)

Front 17

Downloading:
1-permission, yes or no?
2-master license, yes or no?
3-perf. license, yes or no?
4-mechanical license, yes or no? if yes, from who?

Back 17

Downloading:
1-permission-yes
2-master license-no
3-perf. license-no
4-mechanical license-yes (harry fox)

Front 18

Radio:
1-permission, yes or no?
2-master license, yes or no?
3-perf. license, yes or no?
4-mechanical license, yes or no?

Back 18

Radio:
1-permission-no
2-master license-no
3-perf. license-yes (ASCAP, BMI, SESAC)
4-mechanical license-no

Front 19

CDs:
1-permission, yes or no?
2-master license, yes or no?
3-perf. license, yes or no?
4-mechanical license, yes or no?

Back 19

CDs:
1- permission-yes
2- master license-no
3- perf. license-no
4- mechanical license-yes (Harry Fox)

Front 20

All webcasters must:
1- ?
2- ?

Back 20

1--register with the Copyright Office
2--submit a $25 filing fee with the Copyright Royalty Board

Front 21

How often are reports due for webcasters?

Back 21

All broadcasted music must be accurately logged.
--reports are due within 45 days from the end of each calendar month

Front 22

What are the 7 reporting requirements of webcasters?

Back 22

1-name of the service making transmissions
2-identification of the transmission category from one of eleven choices
3-name of featured artist
4-sound recording title
5-album title and marketing label OR International Standard Recording Code (ISRC)
6-actual total performances
7-channel or program name

Front 23

What did the Small Webcasters Settlement Act of 2002 establish?

Back 23

a new set of rates for non-commerical webcasters

Front 24

Larger commercial webcasters must pay how much per performance, per listetner? How much is the annual fee per channel?

Back 24

$.0019 per perf. per listener

annual fee--$500

Front 25

How much do small webcasters with revenues under $1.25 million pay? What's their annual fee?

Back 25

10% of first $250k, and 12% of anything in excess

OR 7% of all expenses

annual fee--$2,500

Front 26

What are ASCAP rates for webcasters' gross revenues or music revenues? What's the annual fee?

Back 26

1.615% of webcaster's gross revenues

OR 2.42% of webcaster's music related revenues

annual fee of $264

Front 27

What are BMI rates for webcasters' gross revenues or music revenues? What is their annual fee?

Back 27

1.75% of webcaster's gross revenues

OR 2.5% of webcaster's music related revenues

annual fee of $264

Front 28

What are SESAC's rates for webcasters?

Back 28

$0.008 per page request (hit)