radio streaming - legal issues

[streaming]

Hello,

 

I have gotten in a major argument with some of my friends over this subject. Is it legal or not to stream/record music from internet radio stations.

Any opinions on this ?

[localzuk]

According to this site (pdf) you would need a PPL license and a MCPS/PRS license. If you copy the songs off of CD's, tapes etc... and store them electronically then you would also have to apply for dubbing rights, which are an extra 15% of the cost of your PPL license. You would also need the 'mechanical' rights from the MCPS/PRS license...

 

So, yes, it is legal - it just involves lots of licenses, and can end up costing quite a bit of money!

[streaming]

That is correct if you own the radio station and recording music there.

I'll detail my question a bit. I just bought a software that allows you to listen to internet radio stations and you can also record the music that is played there. This was the argument starter with my friends.

 

So the question is, if it is legal for me as end-customer to record those stations for my personal use

[Domino]

if the music played is under copyright with a label, then usually no.

[localzuk]

No, the radio stations have those type of licenses - which give them broadcast rights. They don't have license to give you permanent copies of anything they play - except their own property.

 

Recording it is akin to downloading it without permission.

[Andrew_C]

Or recording the Annie Nightingale's Sunday night radio show onto those new-fangled cassettes in the mid-seventies. Not that I would have ever done such a thing...

[markwatkins]

I posted regarding the storage of and use by the pupils of pre recorded music. The head of music wants a music library to be available over the network for all users to use in presentations/ copying to projects and it seems by default to ipods by pupils.

 

My investigations with PRS etc end in a dead end of no such license exists.. does anyone else have any ideas??

[russdev]

@markw

 

Right key here it is not personal use so no unless you have license to store a and copy (key one being here is copy) the music then you can't.

 

Only thing here is is use podsafe music then can.

 

Are you on an rbc for net connection then if so then there is music resource avilable via nen called audionetworks (http://audio.lgfl.org.uk/) if url accessed from within the school then get to download music for free.

 

Russell

[markwatkins]

@markw

 

Right key here it is not personal use so no unless you have license to store a and copy (key one being here is copy) the music then you can't.

 

Thanks for that Russ.

 

We think that a way forward maybe for us to have a server to stream the music and therefore control access/copying.

 

You mention a license to copy is there such a thing?

 

All we have established is that PRS etc seem to like the word no!

[russdev]

You have a problem there in the fact that you can't legally stream copyrighted music with out the license from prs aka broadcast license as you are actng as a radio station in affect (even if just internally). You can not legally rebroadcast radio streams as for example bbc radio one own copyright to stream that they produce and so you can't with out there say so.

 

You get the idea...

 

Mark if you work for lea give your lea legal department a call and tell them what you want to do and ask them to go away and found out what legal stuff you need to do it.

 

 

Way forward I think if want to provide music service that students listen to then way forward is to buy into a cheap radio sustainer service (look at ones aimed at student radio as they are cheaper than others)

 

or provide mechanism to listen to streams via internet aka click here to open radio one real player stream etc etc

 

Russell

[markwatkins]

Thanks Russ,

 

We are in touch with our LEA, they don't have the same sense of urgency that our head of music has!!

 

Very useful info though will try thr student radio route as well.

[Pupil72]

Is there a specific law in US that doesn't allow you to stream internet radio ?

Don't want to offend anyone, but I really want to know this. I have payed for a radio recorder too :oops:

[Friez]

It IS legal to stream over the Internet (many others do it legally, such as http://www.di.fm ) however, you MUST have the relevant licenses to do so. In the UK you will need to look up the MCPS and find the relevant broadcast license that you need to do this.

[streaming]

I guess I'm gonna stay with my Radiotracker and deal with the police when the time comes

[Friez]

YIKES!

 

To clarify:

 

It's not legal to RECORD music from any radio station, Internet based or otherwise, thats an infringement of copyright.

 

It IS legal to set up a radio station (i.e. to broadcast the music for others to hear) provided you have the right licenses...

[Pupil72]

Thanks for the replies, than it seems I am in the same situation as streaming here

Btw. is Radiotracker any good ? haven't checked it out

[streaming]

It's very nice, maybe a bit complicated with all sorts of features and options, but it does a lot of things, getting lyrics for the songs, burning files to cd, sync with portable player. But I have chosen it for a feature that lets you search for your desired song and record only that when it's played on some station.

[steele_uk]

Slightly confused by this radio broadcasting stuff, an i just clarify something?

 

I have just set up INTERNAL Shoutcast server and have two .pls files for students to click on for testing purposes.

 

Stream one is a recorded interview between students and teachers, and stream two is a Colplay album, which i have purchased and converted to mp3.

 

How do i stand legally on both counts?

 

Cheers

[localzuk]

The first is fine. The second would require the licenses outlined in my earlier message.

[steele_uk]

Thankyou,

 

This reply to a similar question on another thread threw me

 

'if its an internal radio, you wouldnt need a licence'

 

Cheers

[localzuk]

Which thread was that?

[steele_uk]

Link

 

Last post on the first page i think.