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	<title type="html"><![CDATA[LoudCity Broadcaster Forum - Understanding the laws]]></title>
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	<updated>2007-09-12T22:29:57Z</updated>
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			<title type="html"><![CDATA[Understanding the laws]]></title>
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			<content type="html"><![CDATA[[b]Special Note:[/b] LoudCity ONLY covers streaming non-interactive music. LoudCity does [b]not[/b] cover videos, streaming of unauthorized sound recordings (bootlegs), on-demand streams, or music file downloads of any kind.

When you broadcast (or "Webcast", as it's commonly referred to) works protected by copyright on the Internet, you have to be very careful so as not to run afoul of the law. The penalties for webcasting copyrighted music without a license, even if not for profit, can be financially devastating with [b]fines of up to $150,000 for each time a song is streamed[/b].

That's why LoudCity has developed a program for small webcasters to be able to affordably and legally stream their content. When you sign up for LoudCity services, your station is covered by our webcasting licenses with BMI, SESAC, ASCAP and SoundExchange [b]provided[/b] you follow the rules set forth by US law and the above-named organizations.

The rules are simple, but they are not negotiable. Read them carefully, because adhering to them is [b]your[/b] responsibility.

1) As determined by Congress, all webcasters must comply with the Digital Millennium Copyright Act (DMCA). Even if you have a LoudCity plan, you are [b]not[/b] legal if you do not follow these rules:

[quote]Your station must not be part of an "interactive service". This means no personalized on-demand streaming or downloading of content. Sound recordings can't be performed within one hour of a request by a listener or at a time designated by the listener.

In any three-hour period, you should not intentionally program more than three songs (and not more than two songs in a row) from the same recording; you should not intentionally program more than four songs (and not more than three songs in a row) from the same recording artist or anthology/box set.

Archived programs (those that, when accessed, always start in the same place and play in the same order) should be at least five hours long, and should not be available for more than two weeks at a time.

Continuous "looped" programs (those that always perform in the same order, but are accessed in a continuous play stream) should be at least three hours long.

Rebroadcasts of programs can be performed at scheduled times three times in a two-week period (for programs of less than one hour) and four times (for programs of an hour or more).

Do not publish advance program guides or use other means to pre-announce when particular sound recordings will be played. However, a webcaster may name one or two artists to illustrate the type of music on a particular channel; and, DJ "teaser" announcement using artists' names are permitted, but only those that do not specify the time a song will be played.

Use only sound recordings that are authorized for performance in the United States (e.g.: do not play bootleg recordings).

Provide some means for the end user to identify the song, artist and album title of the recording as it is being played.

Lastly, the DMCA also requires that you accommodate technological copyright protection measures or pass through any identification, which may be included in the song recording itself, as long as it does not impose substantial costs or burdens on the webcaster. Also, do not deploy or support technological means to evade these requirements; and, do not explicitly encourage home taping.[/quote]
Webcasters who fail to adhere to the provisions of the DMCA do so entirely at their own legal and financial peril.

2) Your listeners can [b]only[/b] tune-in via a LoudCity-hosted launch page. That means an actual LoudCity.com-hosted web page opened in a full window with a visible navigation bar and address. 

Why? Because websites need to be licensed and pay royalties when making use of music. Your performances on the domain LoudCity.com are legally covered by our license. If you are going to be performing music on your personal website (launching directly) then you are 100% responsible for securing your own licenses. 

Even with a LoudCity plan, if you do not send listeners to a web page hosted on LoudCity's webserver to tune in, you are [b]not[/b] legal and [b]you[/b] are liable if you are contacted by the P.R.O.s or their attorneys.

3) You may not run in-stream advertisements on your station unless you obtain a seperate license from SESAC to do so. Website banner ads are okay though.

These are not our rules. They are rules set forth by US Law in the DMCA and the US Copyright Act, and/or P.R.O. policies. They are unavoidable. Please follow them, and protect yourself.

Next: [url=http://forum.loudcity.net/viewtopic.php?id=1790]Pre-flight preparations[/url]]]></content>
			<author>
				<name><![CDATA[John]]></name>
				<uri>http://forum.loudcity.net/profile.php?id=6</uri>
			</author>
			<updated>2007-09-12T22:29:57Z</updated>
			<id>http://forum.loudcity.net/viewtopic.php?pid=13636#p13636</id>
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