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Getting Your License to Ill
A road map to webcast licensing and royalty payment

By Sean Flinn | November 5, 1999

Provided by RadioSpy

You've got the software; you've ripped the tracks... but are you really ready to webcast?

So by now you may be feeling pretty headstrong, what with all the rock power you've just unleashed from your PC. You've successfully managed to download the RadioSpy software, the SHOUTcast software, and the free Microsoft NetShow tools. You've installed and configured all three components on your PC with a minimum (or even maximum) of hassle. Now you're ready to storm the Web with your collection of freshly ripped MP3s, right?

Survey says... bzzzz.

As with everything under the sun, you will need to jump through a few minor bureaucratic hoops to make your SHOUTcast station legal. But, hey, it’s a small price to pay for the ability to webcast at will.

I need permission to webcast? Says who?

Says the federal government, under the auspices of a little thing called the Digital Millennium Copyright Act (DMCA, for those fond of acronyms). And we wouldn’t want to make the government mad, would we? Just like Bruce Banner, we wouldn’t like the government when it's angry...

So to keep the Feds from Hulking out, you best get friendly with the provisions of the law. In October of 1998, the U.S. Congress passed the DMCA, amending U.S. copyright law to cover licensing of Internet radio stations (that’s you). If you think the United States is the Big Bad Wolf of copyright enforcement on the Internet, however, you’re mistaken: Passage of the DMCA simply made it legal for folks in the United States to engage in Internet music distribution. An organization called the World Intellectual Property Organization (WIPO) oversees the efforts by nations to protect the intellectual property rights of artists (and other people) worldwide. In order to stay in their good graces - and since they’re in cahoots with the United Nations and the World Court, it seems like a good idea. We have to play by their rules.

In other words, other nations made the rules; we’ve just opted to play by them. Most artists work hard to craft their songs, and they justly demand credit (and sometimes monetary compensation) whenever those songs are performed -- even if only via webcasts. Consider the DMCA America’s promise to give artists their due. In turn, the WIPO will watch out for the rights of American artists. Fair enough.

What does the DMCA have to say about webcasts?

The DMCA addresses five major areas of concern to webcasters and intellectual property protectors. The full text of the Library of Congress’s DMCA summary bulletin is available here. You’ll need Adobe Acrobat to read it and print it out.

Short on time? For quick reference, we’ve summarized the DMCA below - but don’t take our word for it. When you have a few more moments and an ounce more patience, read the full document. If you’re really serious about running a licensed SHOUTcast server, you’ll need to know the law.


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