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#1
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Licensing music in podcast
Forwarding a question asked of me.
What are the licensing requirements for music in podcasts? I assume it would be similar to broadcast (BMI, ASCAP stuff). The example given is a church podcasting their service including the copyrighted anthems. |
#2
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Licensing music in podcast
"Carey Carlan" wrote ...
Forwarding a question asked of me. What are the licensing requirements for music in podcasts? I assume it would be similar to broadcast (BMI, ASCAP stuff). The example given is a church podcasting their service including the copyrighted anthems. ASCAP and BMI both had web-casting rates posted online last time I checked (seems like it was ~ $250/year minimum per clearinghouse). Note that a significant % of sacred music may be licencecd by a third org: SESAC. Last time I checked CCLI was NOT participating in this arena except for licensing distribution of physical recordings (cassette, CD) |
#3
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Licensing music in podcast
"Richard Crowley" wrote in news:edkpj9$514$1
@news01.intel.com: "Carey Carlan" wrote ... Forwarding a question asked of me. What are the licensing requirements for music in podcasts? I assume it would be similar to broadcast (BMI, ASCAP stuff). The example given is a church podcasting their service including the copyrighted anthems. ASCAP and BMI both had web-casting rates posted online last time I checked (seems like it was ~ $250/year minimum per clearinghouse). Note that a significant % of sacred music may be licencecd by a third org: SESAC. Last time I checked CCLI was NOT participating in this arena except for licensing distribution of physical recordings (cassette, CD) Thanks. That's what I needed to know. |
#4
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Licensing music in podcast
On Tue, 05 Sep 2006 20:44:35 GMT, Carey Carlan
wrote: Forwarding a question asked of me. What are the licensing requirements for music in podcasts? I assume it would be similar to broadcast (BMI, ASCAP stuff). The example given is a church podcasting their service including the copyrighted anthems. Depends on who owns the copywrite. If its "commerical" music then you need to pay the ASCAP/BMI fees. Howver there are plenty of sources of independent music you can play on podcasts. The one I use all the time is http://music.podshow.com |
#5
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Licensing music in podcast
Andy wrote in news:sddsf2lj9kcps6h701knt7l7a4timgqelu@
4ax.com: On Tue, 05 Sep 2006 20:44:35 GMT, Carey Carlan wrote: Forwarding a question asked of me. What are the licensing requirements for music in podcasts? I assume it would be similar to broadcast (BMI, ASCAP stuff). The example given is a church podcasting their service including the copyrighted anthems. Depends on who owns the copywrite. If its "commerical" music then you need to pay the ASCAP/BMI fees. Howver there are plenty of sources of independent music you can play on podcasts. The one I use all the time is http://music.podshow.com This is not pre-recorded music. The church uses copyighted sheet music for their live-performance anthems and service music. |
#6
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Licensing music in podcast
On Wed, 06 Sep 2006 03:00:24 GMT, Carey Carlan
wrote: Andy wrote in news:sddsf2lj9kcps6h701knt7l7a4timgqelu@ 4ax.com: On Tue, 05 Sep 2006 20:44:35 GMT, Carey Carlan wrote: Forwarding a question asked of me. What are the licensing requirements for music in podcasts? I assume it would be similar to broadcast (BMI, ASCAP stuff). The example given is a church podcasting their service including the copyrighted anthems. Depends on who owns the copywrite. If its "commerical" music then you need to pay the ASCAP/BMI fees. Howver there are plenty of sources of independent music you can play on podcasts. The one I use all the time is http://music.podshow.com This is not pre-recorded music. The church uses copyighted sheet music for their live-performance anthems and service music. If its sheet music, it doesn't sound like an ASCAP/BMI issue, I would suggest your write a letter to the people that produce / distribute the sheet music and see what they have to say. |
#7
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Licensing music in podcast
Carey Carlan wrote:
This is not pre-recorded music. The church uses copyighted sheet music for their live-performance anthems and service music. Do they pay fees for the performance? Wherever that money goes is where the money for podcasting rights go. I'll also point out that there is plenty of excellent PD church music out there.... and most of the really good stuff is PD anyway if you go searching for older arrangements. The Magnificat is getting a little old these days but it stands up against anything currently fashionable... --scott -- "C'est un Nagra. C'est suisse, et tres, tres precis." |
#8
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Licensing music in podcast
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#9
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Licensing music in podcast
Carey Carlan wrote:
(Scott Dorsey) wrote in This is not pre-recorded music. The church uses copyighted sheet music for their live-performance anthems and service music. Do they pay fees for the performance? Wherever that money goes is where the money for podcasting rights go. No. I'd assume the live performance rights are included in the purchase price of the music. I've never seen a church pay performance fees for ordinary service music except when broadcast or recorded. In that case, podcasting rights might be included as well. Look at the fine print in the front of the songbook. Perhaps I'm asking the wrong question. If a church podcasts its services, do they owe anyone anything? There are no revenues generated (the usual measure for ASCAP and BMI payments). That depends on the fine print and what they signed. --scott -- "C'est un Nagra. C'est suisse, et tres, tres precis." |
#10
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Licensing music in podcast
"Scott Dorsey" wrote in message ... Carey Carlan wrote: (Scott Dorsey) wrote in This is not pre-recorded music. The church uses copyighted sheet music for their live-performance anthems and service music. Do they pay fees for the performance? Wherever that money goes is where the money for podcasting rights go. No. I'd assume the live performance rights are included in the purchase price of the music. I've never seen a church pay performance fees for ordinary service music except when broadcast or recorded. In that case, podcasting rights might be included as well. Look at the fine print in the front of the songbook. Perhaps I'm asking the wrong question. If a church podcasts its services, do they owe anyone anything? There are no revenues generated (the usual measure for ASCAP and BMI payments). That depends on the fine print and what they signed. --scott -- "C'est un Nagra. C'est suisse, et tres, tres precis." IIRC, ASCAP & BMI make no distinction between profit/non-profit. Perhaps their only criteria is "use"? I'm not sure, tho. Mikey Nova Music Productions |
#11
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Licensing music in podcast
"Michael Wozniak" wrote in
ink.net: IIRC, ASCAP & BMI make no distinction between profit/non-profit. Perhaps their only criteria is "use"? I'm not sure, tho. I didn't say non-profit, I said non-revenue. From what I read on their websites, ASCAP and BMI want a percentage of the advertising revenue (with a $ minimum). Just making sure that if the podcast was not revenue generating that the publishers still wanted their cut. |
#12
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Licensing music in podcast
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#13
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Licensing music in podcast
On Wed, 06 Sep 2006 16:03:31 GMT, Carey Carlan
wrote: Perhaps I'm asking the wrong question. If a church podcasts its services, do they owe anyone anything? There are no revenues generated (the usual measure for ASCAP and BMI payments). The best answer is...it depends. If the music is old enough to be in public domain, then don't worry. If you get persimmion from the rights holder, then you don't have to worry. ASCAP/BMI doesn't care if you make money doing it or not. Are you likely to get into trouble...probably not. Our church podcasts (or is trying) its service, but I think they are only doing the sermon for now. |
#14
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Licensing music in podcast
"Scott Dorsey" wrote ...
Carey Carlan wrote: This is not pre-recorded music. The church uses copyighted sheet music for their live-performance anthems and service music. Do they pay fees for the performance? Wherever that money goes is where the money for podcasting rights go. Schools and houses of worship are exempt from performance fees (at least in the US, dunno about other venues?). However if your church choir went to the city concert hall and performed the same music, performance fees would be due, even if the performance was free to the audience. I'll also point out that there is plenty of excellent PD church music out there.... and most of the really good stuff is PD anyway if you go searching for older arrangements. The Magnificat is getting a little old these days but it stands up against anything currently fashionable... Beware that the original compositions may be PD, but is is nearly impossible to find usable scores for sale that are not copyright-protected new "editions". You are essentially stuck with "Kalmus", the bane of musicians everywhere (because they publish facimilies of old PD european scores which would be difficult for modern musicians/singers to read even if they were reproduced in focus. :-) Or you could go to a major library and find a PD copy and make your own "edition" or "engraving" using modern software (like my favorite Sibelius). This is almost an FAQ in some of the music forums. |
#15
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Licensing music in podcast
"Carey Carlan" wrote ...
(Scott Dorsey) wrote : This is not pre-recorded music. The church uses copyighted sheet music for their live-performance anthems and service music. Do they pay fees for the performance? Wherever that money goes is where the money for podcasting rights go. No. I'd assume the live performance rights are included in the purchase price of the music. Unless explicitly stated in writing you can safely assume that this is never the case. Performance rights depend on many factors and are not covered by any kind of blanket fee included in the price of the sheet music or score. I've never seen a church pay performance fees for ordinary service music Right. Because educational institutions and houses of worship are exempt from performance fees, at least here in the USA. Some public venues (such as a municipal concert hall/auditorium) may build-in the public performance fees into the cost of renting the hall. But some don't. You must check each case independently. except when broadcast or recorded. Right. Because those are different uses and are not exempt, even if performed by a school or church, etc. Perhaps I'm asking the wrong question. If a church podcasts its services, do they owe anyone anything? Yes. They owe "broadcasting" fees to the copyright owners. Note that this applies not only to the music that your choir/organist performs, but also to the pastor's sermon. I have heard of issues related to the copyright status of recorded sermons (believe it or not). If you had a lawyer working on this, they might very well have you get a legal release from your pastor for the sermon content, etc. There are no revenues generated (the usual measure for ASCAP and BMI payments). Revenues play no role whatsoever in setting fees for (for example "mechanical" rights) the right to distribute audio recordings, i.e. CDs or cassettes. Mechanical fees are set by law and you can buy mechanical licenses online at Harry Fox for most popular music. Revenues play *some* role in setting fees for public performance, but fees are due even when tickets are free. Potential revenues play a large role in some other kinds of fees like those charged by production music distributors, (where the fee for using the same music in a national ad campaign is maybe 10x as much as for a local radio spot) or the negotiated price people get for using their music in a major motion picture, etc ("synchronization" rights). I believe that "podcasting" is no different than any other method of distributing audio recordings (at least as far as the law is concerned.) But they consider live streaming more like traditional "broadcasting". Likely because the law seems to always lag many years behind modern technology. Note that IANAL (I am not a lawyer) and you would be stupid to take any of this as any kind of advice except to illustrate that you need professional legal help. |
#16
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Licensing music in podcast
"Richard Crowley" wrote...
"Carey Carlan" wrote ... Perhaps I'm asking the wrong question. If a church podcasts its services, do they owe anyone anything? Yes. They owe "broadcasting" fees Bzzzt. I was thinking you were doing live streaming. "Podcasting" may be just simple mechanical rights? |
#17
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Licensing music in podcast
On Wed, 6 Sep 2006 14:45:48 -0700, "Richard Crowley"
wrote: Yes. They owe "broadcasting" fees to the copyright owners. Note that this applies not only to the music that your choir/organist performs, but also to the pastor's sermon. I have heard of issues related to the copyright status of recorded sermons (believe it or not). If you had a lawyer working on this, they might very well have you get a legal release from your pastor for the sermon content, etc. How would it apply to the sermon? |
#18
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Licensing music in podcast
On Wed, 6 Sep 2006 14:45:48 -0700, "Richard Crowley"
wrote: Note that IANAL (I am not a lawyer) and you would be stupid to take any of this as any kind of advice except to illustrate that you need professional legal help. Richard, your analysis is good as usual. This podcasting rights thing is very confusing. ASCAP seems to want a piece of the action for any use of their stuff streamed, podcasted or otherwise. I looked at the below link which confused me more than anything else: http://www.ascap.com/weblicense/feecalculation.html It appears they base their fees on revenue generated by use of their material and since there is a minimum $288 a year fee, I'd assume a non-income generating organization would have to still nominally pay $288 / year not to mention BMI fees which are even harder to understand form the looks of their web site. I do know a radio station I work for which has been one of the leaders in music podcasts and I've spoken to the podcasting director about copyright issues. He says that they draw up a contract with every artist / author for rights before podcasting. This seems to be in agreement with the information at the ASCAP site: "ASCAP does not grant licenses on a per-song basis. Instead, ASCAP offers blanket licenses that authorize the performance of any or all of the millions of copyrighted musical works in the ASCAP repertory. If you intend to make available one or a small number of songs and do not believe an ASCAP blanket license is best suited for you, you may contact each of the copyright owners (most typically the publisher) for each of the songs you would like to use to request a direct license" Julian |
#19
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Licensing music in podcast
Carey Carlan wrote:
What are the licensing requirements for music in podcasts? The people at the Creative Commons have produced a podcasting legal guide. I must confess that I haven't really read it, but the section on music may be helpful: http://wiki.creativecommons.org/Podc...de#Using_Music HTH, Brent |
#20
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Licensing music in podcast
"Andy" wrote ...
"Richard Crowley" wrote: Yes. They owe "broadcasting" fees to the copyright owners. Note that this applies not only to the music that your choir/organist performs, but also to the pastor's sermon. I have heard of issues related to the copyright status of recorded sermons (believe it or not). If you had a lawyer working on this, they might very well have you get a legal release from your pastor for the sermon content, etc. How would it apply to the sermon? For purposes of copyright, a sermon is no different than a newspaper column or a magazine article or the chapter from a book. It just happens to be created by your pastor and delivered orally every weedend from the pulpit. As soon as your pastor creates it he/she owns the copyright to it. (We are talking exclusively about the USA here. Other venues likely have different laws/rules. YMMV.) You are assuming that your pastor is giving you permission to record and distribute the sermons, but legally you have no proof of that without a written, signed release. Likely in 99% of cases this would make no difference. But the lawyers worry about the 1%. |
#21
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Licensing music in podcast
On 7 Sep 2006 12:57:43 GMT, Brent Lievers
wrote: Carey Carlan wrote: What are the licensing requirements for music in podcasts? The people at the Creative Commons have produced a podcasting legal guide. I must confess that I haven't really read it, but the section on music may be helpful: http://wiki.creativecommons.org/Podc...de#Using_Music HTH, Brent good link |
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