Where To Look...

[OldManInWva]

I own and operate an internet only bluegrass music radio station and utilize a service were performance and mechanical royalties are paid to stay legal with the DMCA, .
We are considering having a show host broadcast live from a festival stage and broadcast a live feed from that stage of the music performed by the bands.
I am sure that there are specific legalities involved with the addition of broadcasting a live feed, but my question is, where in the "Rules" do I find the specific requirements?
I know festival organizers handle their own royalty requirements for the event, but does their agreements extend to the broadcasting over the internet?

 

[quincy]

I own and operate an internet only bluegrass music radio station and utilize a service were performance and mechanical royalties are paid to stay legal with the DMCA, .
We are considering having a show host broadcast live from a festival stage and broadcast a live feed from that stage of the music performed by the bands.
I am sure that there are specific legalities involved with the addition of broadcasting a live feed, but my question is, where in the "Rules" do I find the specific requirements?
I know festival organizers handle their own royalty requirements for the event, but does their agreements extend to the broadcasting over the internet?

You are located in West Virginia?

The answer to your question will depend on the wording of the agreement you sign.

Because the following case is related in some ways to the question you pose here, OldManInWva, here is a link to the US Supreme Court Opinion in American Broadcasting Cos, Inc, et.al. v Aereo, Inc, 573 US _ (2014), decided on June 25 of this year: http://www.law.cornell.edu/supremecourt/text/13-461

 

[FlyingRon]

I'm not sure why mechanical rights even apply to your situation unless you allow for download of specific works rather than live streaming. Performance rights are very much the issue.

You can not count on the venue covering your performance rights for a broadcast. In some cases it is negotiated into their agreements with the PROs, sometimes it is not. Of course, if you have your own arrangement with the PROs for your site, then you are set. Note, you must be very careful that the works being performed are indeed covered by the PROs that you have arrangements with. There are three major US PROs and while covering yourself with ASCAP, BMI, and SESAC probably covers most, you may have unrepresented or foreign works being performed you need to make other arrangements (I've got some history with this in the past as I had some works from a Canadian composer and he was represented by SOCAN).

If the venue doesn't have the rights for the broadcast in their contract with the PRO, you should contact the PRO to see what is appropriate. If you have an agreement with them via your existing site license, I suspect that it may already cover it, but it wouldn't hurt to check.

 

[quincy]

I'm not sure why mechanical rights even apply to your situation unless you allow for download of specific works rather than live streaming. Performance rights are very much the issue.

You can not count on the venue covering your performance rights for a broadcast. In some cases it is negotiated into their agreements with the PROs, sometimes it is not. Of course, if you have your own arrangement with the PROs for your site, then you are set. Note, you must be very careful that the works being performed are indeed covered by the PROs that you have arrangements with. There are three major US PROs and while covering yourself with ASCAP, BMI, and SESAC probably covers most, you may have unrepresented or foreign works being performed you need to make other arrangements (I've got some history with this in the past as I had some works from a Canadian composer and he was represented by SOCAN).

If the venue doesn't have the rights for the broadcast in their contract with the PRO, you should contact the PRO to see what is appropriate. If you have an agreement with them via your existing site license, I suspect that it may already cover it, but it wouldn't hurt to check.

Here are links to FAQs for the three performance rights organizations (PROs) mentioned by FlyingRon above (ASCAP, BMI, SESAC), which might help to address your concerns:

ASCAP: http://www.ascap.com/licensing/licensingfaq.aspx#general

BMI: http://www.bmi.com/licensing#faqs

SESAC: http://www.sesac.com/Licensing/FAQs.aspx

It is important to check the terms of any agreement you have with the venue.