Fairness in Music Licensing Act of 1998

[roor123]

What is the name of your state (only U.S. law)? WA State

Does the Fairness in Music Licensing Act of 1998 does it apply to Spotify/Pandora/YouYube etc? Or other online resources. I believe it said TV and Radio I would assume Spotify is fine if it's an online radio. What about if i were to just play my own songs that I got from Itunes.

 

[LordofBooks]

Technically, the FMLA wouldn't apply to the internet resources. However, that doesn't mean that websites are free to play copyrighted video and music with impunity. The Digital Millennium Copyright Act applies to internet services like Youtube and Spotify. Check the DMCA's wikipedia page for more info about it, but in essence it offers the similar protections as the FMLA.

 

[TheGeekess]

What is the name of your state (only U.S. law)? WA State

Does the Fairness in Music Licensing Act of 1998 does it apply to Spotify/Pandora/YouYube etc? Or other online resources. I believe it said TV and Radio I would assume Spotify is fine if it's an online radio. What about if i were to just play my own songs that I got from Itunes.

Are you talking about streaming for others to listen to or just for yourself? If you're streaming for others, then you'll need a BMI/ASCAP license at the very least.

 

[roor123]

Fmla/dmca

I tried looking up DMCA was a little confused about the act. Yes I would be streaming for others also. What if it was streaming for others only for "special events"? I know for private parties you don't need a license but if it was at a public place does that change? Also, does this really only imply towards English songs? What about songs from other countries?

Lastly, couldn't seem to find a place where to get these license or a quote for them. Also, do they fine you instantly or give you a warning?

 

[TheGeekess]

I tried looking up DMCA was a little confused about the act. Yes I would be streaming for others also. What if it was streaming for others only for "special events"? I know for private parties you don't need a license but if it was at a public place does that change? Also, does this really only imply towards English songs? What about songs from other countries?

Lastly, couldn't seem to find a place where to get these license or a quote for them. Also, do they fine you instantly or give you a warning?

Really. I found all the information you needed with a quick google. And because I'm in rather a generous mood at the moment:
http://www.bmi.com/licensing/
http://www.ascap.com/licensing/

 

[roor123]

Really. I found all the information you needed with a quick google. And because I'm in rather a generous mood at the moment:
http://www.bmi.com/licensing/
http://www.ascap.com/licensing/

Thanks

Looks like they mainly cover US based songs. Do you have any idea for private parties held at like a restaurant would that be considered private still?

 

[quincy]

What sort of business establishment do you have, roor123? How large?

 

[roor123]

What sort of business establishment do you have, roor123? How large?

Small restaurant. It isn't bigger than 3,750 sqr feet. Can fit about 60ish people.

 

[quincy]

So, with the less than 3750 square feet, it sounds as if your restaurant already qualifies for the Fairness Act exemptions for tv and radio broadcasts, as long as you don't charge your customers any fees (cover charges, minimums, etc) to view or hear the tv/radio broadcasts.

You are also able to play music in your restaurant that is unlicensed by any performing rights organization, such as music from unsigned local artists.

But, you will need a license (or two or three) to cover copyrighted music from sources other than tv or radio (which would include music from all signed musicians, from streaming audio, from CDs, from MP3s, from YouTube).

You can get a blanket license, one from each of the three major music clearinghouses, if you wish to have access to pretty much all copyrighted music. TheGeekess provided you with the ASCAP and BMI links. SESAC would be the third (http://www.sesac.com).

I thought I had run across something on an audio streaming exception somewhere awhile ago, but I couldn't locate the information again, and it probably does not apply here anyway. Sorry.