[JPL] A DMCA question...

dkunian dkunian at bellsouth.net
Wed Jan 5 14:56:44 EST 2011

Maybe you can get around it by the idea that playing the Billy Taylor Trio is a 
different artist than the Billy Taylor Quartet with Ben Webster etc.

From: Louis Erlanger <louisx at myfairpoint.net>
To: jazzproglist at jazzweek.com
Sent: Wed, January 5, 2011 10:56:28 AM
Subject: Re: [JPL] A DMCA question...

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 

----- 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. 
> 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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