[JPL] A DMCA question...

Louis Erlanger louisx at myfairpoint.net
Wed Jan 5 11:56:28 EST 2011

Thank you for this.  A couple of observations:

These rules have been created to properly compensate songwriters and artists 
for their works.  I have no problem with that. As we all know, most need 
every cent, and radio stations (except talk radio) wouldn't exist without 
those works However, the sound quality of a lot of streaming is not up to 
par with even the compromised quality of mp3s, which in turn are not up to 
par with CDs. So to create rules about the number of songs from a single 
artist or CD that can be played seems to be stretching the outer boundaries 
of copyright law, as anyone who records these sub-par streams is not getting 
a quality product. I can understand restricting podcasts, as they are often 
better quality and downloadable.

----- Original Message ----- 
From: <morrison at wduq.org>
To: <jazzproglist at jazzweek.com>
Sent: Wednesday, January 05, 2011 11:39 AM
Subject: Re: [JPL] A DMCA question...

> Chiming in on Tom's request:
> - Yes, all the DMCA Performance Complement rules are a pain. This has been 
> going on for many, many years now, so I have no idea why this is an issue 
> now. Maybe because some stations/hosts are just now coming to terms with 
> having to do quarterly playlist/streaming log reports to SoundExchange 
> (via PublicInteractive)? (thankfully, we pubradio folks don't have to do 
> full census 24/7/365 reporting like many webcasters - thank you CPB, NPR 
> and others for fighting for that). Life could be worse. Really.
> - These rules apply if your station is streaming broadcasts online. Most 
> stations stream their signals. It is easy to do, and listeners like it. If 
> yours doesn't stream, this doesn't apply to you.
> - If your station has it's music royalties for SoundExchange covered by 
> CPB, your station has signed an agreement to adhere to the Performance 
> Complement rules as part of that. It is a legal agreement. CPB is paying 
> money on your behalf. You are not paying that money. Technically, if the 
> rules aren't followed, that is a breach of the agreement and your station 
> could potentially be on the hook to foot it's own music royalties bill.
> - ***GOOD NEWS***: there was a bill introduced in the House this Fall to 
> eliminate the Performance Complement. Who knows if/when it will become 
> law, but it's a good start. Keep your fingers crossed. Let your 
> Representatives know about it. 
> http://blog.publicinteractive.com/soundexchange/2010/10/no-more-performance-complement/ 
> There is a link to the Performance Complement text there, too.
> - If you are not the station representative who handles quarterly 
> collection/compilation of playlist data for SoundExchange, please don't 
> make life hell for your MD/PD/etc. and complain a lot about restrictions 
> when you are asked to follow them. I promise you that whoever has do to 
> the reports hates dealing with everything much, much more than you. Please 
> don't be mad at them. It's not their fault. Complain to the government. 
> Some of those government-type folks are on your side! (see above link)
> The basic DMCA performance Complement airplay restriction rules are below. 
> If you need more explanation, there are many, many pages of documents 
> available online through the SoundExchange and Copyright Office websites.
> If your station doesn't follow things, great for you. There hasn't been 
> much enforcement. Some folks who have ignored the rules have actually 
> received warnings in the past year or so. I don't know if they were on the 
> hook for additional royalties/legal stuff, but it could happen.
> ******************************************************************
> DMCA Performance Complement (applies to a THREE HOUR time period)
> - no more than 2 songs in a row from a particular cd/album
> - no more than 3 songs total from a particular cd/album
> - no more than 3 songs in a row from a particular artist
> - no more than 4 songs total from a particular artist
> - no more than 3 songs in a row from a particular boxed set
> - no more than 4 songs total from a particular boxed set

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