|
Does anyone know.....
|
View this Thread in Original format
| Nexxus |
| Ok so some buddies and I are looking into starting a podcast, and we were wondering what the deal is on playing tracks vs. mixes or whatever. For example if we wanted to do something like featuring half an hour of tracks that we like and are maybe playing at the moment...is that copyright infringement? Or is it the same as playing music in the club or handing out promo mixes? Just want to do this w/out gettin into trouble. Your input would be very much appreciated =) |
|
|
| DaveT |
A touchy subject.....but from what I know, you play something and it's signed to a label and you don't have full rights to the track (like say if the producer of the track has freedom to hand it out and gives it to you) you techncially have to pay royalties. These royalties are also a large reason why you see so many labels out there now, especially with the bigtime producers. So they have more direct control over their music.
While obviously not really enforced, DJs should be paying royalties for tracks they play in a club. Or sometimes the club has their own license/rights. I do know of one of the biggest DJs in the world that at least at one time (a couple years ago?) was keeping track of what he played in clubs to be sure to be on top of paying proper royalties. I will not mention his name because I don't know if that DJ does it anymore and haven't really been in any discussion about other DJs doing it.
It all varies by country and it can be tricky. In some countries, you buy a license for a few hundred bucks a year or something like that and you're covered...if all that stuff actually passed into law. If you are doing a podcast, that means it'll be available to basically every countries so you have to worry about all those laws...some people think the country origin is what's important, but you can be prosecuted in another country without being there....
That said, why there are these laws I haven't really heard about them being enforced and I personally don't think there's a whole ton to worry about, at least right now.
That's my understanding off the top of my head....I could be wrong in some areas here...haven't really dove into this topic in quite awhile. |
|
|
| S Nate Faulkner |
| quote: | Originally posted by DaveT
:conf: |
Fixed. |
|
|
| Dj Blurr |
From my understanding myself playing out promos is real risky, podcasts also... Anything really do to with broadcasting in general, especially if its live, recorded, etc...
If promos are given to artist from another artist or dj, they do have the right to play them, but not for personal gain. IE: your mix, podcast or internet radio broadcast.Most of the time, I will usually contact the artist first before even playing the track. I.e Shah, Ronski, Sean Tyas.. etc.
Sometimes I receive tracks on hand via promo., sometimes I dont and get them from other people, or dj's, who recommend the track to play out. Older tracks you shouldnt have a problem with, its the promos that are out that are hot, and you have to be careful about.
On a side note, artist have the right to take action of their music is exposed in a fashion they see is damaging to the exposure of it. While it may seem flattering or a bangin track to play, just be careful which ones you choose and you should be fine, or as I said a minute ago, contact the artists to see if its ok.
From experience, they usually are ok with it, and even give you more tracks to play!
I personally would like to hear from some producers on this too, if you guys are out there and checkin out the post, I.E Fei-Fei, Michael Conway, Kyo, Blix Cannon... More out there I cant think of right now. Whats you guys thoughts on it?
- Blurr |
|
|
| Brian Scott |
Dave T is just about on the money. He's absolutely correct about venues paying royalties to ASCAP and the like to allow other producers' music to be played there. Terrestrial, satellite and internet radio stations all have to do the same. Podcasts technically fall under that category. Dave is also correct in saying that it's difficult to enforce upon everybody.
I believe the DJs may keep track not to pay out royalties at a future date (paid by venue), but ASCAP requests which tracks are played and how frequently so that the collected royalties can be distributed to the correct producers in the proper amounts.
Mix CDs are more of a gray area. The artist who compiles the mix can get away with writing something along the lines of "for promotional use only" and "do not duplicate" and be pretty much worry-free. However, these mixes must be handed out free of charge. While still illegal to make and freely distribute unwarranted copies of other peoples' music to hand out, it's still the lesser of two evils when compared to making money by selling those mixes.
Most EDM producers are not making a solid living from track production alone. Many are happy to find their tracks on DJs' promo mixes because it does mean more exposure. The more established producers can make a good living from production alone. These producers, however, often make more in one DJ gig than they do when a track is signed to a record label. Thus exposure may be more important that record sales.
A note for producers who have unsigned tracks: Register with ASCAP (American Society of Composers, Artists, and Publishers) at http://www.ascap.com as a composer. Also register a publishing company (can be any available name you want) as this is where any royalties will be paid. It's a relatively quick and painless way to protect your intellectual property (tracks, remixes, etc). |
|
|
| Nexxus |
| Thank you so far for your input =) I've found out that you have to buy a broadcasting license from ASCAP, BMI, and/or SESAC. You have to pay an annual fee that's dependent upon the amount of revenue that you make off of your broadcast. Once we get some stuff together here I'd love to share the podcast details w/ everyone here to hopefully get some input! |
|
|
|
|
