[JPL] Streaming bumps in the road

Ed Trefzger ed.trefzger at jazzweek.com
Tue Aug 31 22:16:46 EDT 2004


On Aug 30, 2004, at 10:37 AM, Hans Ahlstrom wrote:

> I'm looking for a little help with programming for live streaming.
>
> My station manager has told me there's a regulation that limits the 
> number of cuts from the same CD within an hour to two. This puts a 
> cramp in a couple of our program, one of which is a feature show - two 
> hours dedicated to one featured CD (most of which is aired) and new 
> releases. I'm wondering if there isn't some provision (that we can't 
> find yet) that says there are exceptions to the two cuts per hour 
> rule.
>
> Can anyone shed a little light for me?
>
> Thanks in advance,
>
> Hans
> WNMU-FM
> Marquette, MI

Some excerpts from an explanation of the Digital Millennium Copyright 
act from the RIAA website:

"A webcaster may not play in any three-hour period ...

"* more than three songs from a particular album, including no more 
than two consecutively, or
* four songs by a particular artist or from a boxed set, including no 
more than three consecutively.

"This limit is called the 'sound recording performance complement.' 
Retransmitters of over-the-air radio broadcasts are required, upon 
notice, to cease retransmissions of digital broadcasts that regularly 
exceed the sound recording performance complement. For analog 
broadcasts, retransmissions must cease, upon notice, if a substantial 
portion of the broadcast transmissions exceed the complement. ...

"Advance song or artist playlists generally may not be published. 
However, a webcaster may name one or two artists to illustrate the type 
of music on a particular channel. DJ 'teaser' announcements using 
artists' names are permitted, but only those that do not specify the 
time a song will be played."

I've talked to people at several jazz stations who follow these rules, 
and the others involved in webcasting, to the letter. Their station 
management is as diligent in following webcasting rules as they are in 
following FCC regulations.

But there are stations that seem to be either willfully or blissfully 
ignorant of these and other webcasting regulations.  Whether they'll be 
able to get away with it is probably a roll of the dice, just as it is 
with FCC regulations -- too many broadcasters in relation to 
regulators.

I'd certainly recommend following the letter of the law, and I'm sure 
all competent station managers would, too.

--
Ed Trefzger
JazzWeek
2117 Buffalo Rd Ste 317
Rochester, NY 14624
(585) 235-4685 ext. 4



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