Here is the scenario....
While conducting her show on blogtv, Deb will get a request from a musician asking if they'll play their music on her show................
I'll get an email from a musician asking to come onto the show.............
What is the criteria for us to play your music on our shows?
Lately, given the music industry's current model of lawsuits and intimidation for copyright infringement, and the fact that they could easily shake us down like they do public music venues that is a really good question.
Honestly, in many cases we would really like to, we really would. Unfortunately there are things as online radio hosts we need to consider, the main one being that we need to cover our own ass.
Many unsigned, independent musicians who play in bars, coffeehouses, nightclubs, and open mic nights know that the venues they play in have to pay licensing fees to the Performance Rights agencies, the big ones being BMI, or Ascap. Others could tell stories about some of their favorite venues not being able to play music anymore because they didn't have a license from one of the PRO's (Performance Rights Organizations) (also known as the music mafia) and those same venues have had to pay a sizable fine. Those fines could run into the thousands of dollars.
That's nothing compared to what internet broadcasters are supposed to pay if we play music. Ever heard of Sound Exchange? How about the RIAA? Oh, you've heard of the RIAA, well, Sound Exchange is basically the RIAA.
Ok, now that I've mentioned the RIAA, does the word lawsuit come to mind? Who filed the lawsuits on the file sharers? Who sued many of the wrong people including 12 year old girls, a homeless guy, and a dead woman among others?
The RIAA.
SoundExchange is the RIAA.
The RIAA, via SoundExchange want internet broadcasters who play music that belongs to their members in excess of $20,000 (U.S. dollars) to play that music. Now, I don't know about you, but I don't have that kind of cash laying around to play music for a once a week show.
For that matter, while Deb primarily plays music on her shows, from what she's said, she doesn't have that kind of cash either.
Independent musicians, if you are with one of the members of the music mafia which include but not limited to the RIAA, BMI, The Harry Fox Agency or Ascap, your membership with one of these Performance Rights Societies will limit your airplay on internet radio because we can't afford the licensing fees, and don't want to run the risk of losing our homes, and everything we've worked for in our personal lives just because we played a song, never mind that you sent us the file and asked us to play it. I'm sorry, but even though you asked us to play it, if the music mafia were to come after us it wouldn't matter.
So since I mentioned all that, let me tell you independent guys and gals, who want your music played on independent music shows on the internet, the best possible ways to get airplay on internet radio.
1) If you are a member of one of the Performance Right Organizations, forget it, most of us who play music on the internet aren't willing, or able to pay for the licensing fees. I know that Deb would love to play your music on her show, and get you some exposure, and honestly I would too. We know, better than most people, how the industry totally screws over the independent artists. One of the ways that they got ya by the balls? Well, you are a member of one of the licensing agencies that have you by the balls, and broadcasters as well. We would love to give you exposure, we would love to give you airplay, but because we are 9 to 5 workday people, and while we are independent broadcasters, unfortunately we are not also independently wealthy. I can't be any more plain then that.
2) So, if you are a member of the Music Mob? Did you also license your music under Creative Commons? Well, guess what? Because you signed with them, even if you also license your music under Creative Commons, the agreement you signed with BMI, ASCAP, Harry Fox or whichever agency you signed with takes precedence over your Creative Commons license. In fact, according to the Creative Commons website, you can't use a Creative License at all.
I got this right off of the the Creative Commons Website so I know it's legit.
Oops, did that link take you somewhere else? Oh yeah I'm sorry, the link I posted is some of the crap those of us who broadcast on the internet have to deal with.
I wanted to give some of you folks who want your music on the internet, who thought this blog post was a bit long, something longer to read. Just a taste of the hell that responsible internet broadcasters have to deal with.
Since you have made it this far, I'll be nice and keep it simple.
As a result of the warranty disclaimer, before using a Creative Commons licensed work, you should satisfy yourself that the person has all the necessary rights to make the work available under a Creative Commons license. You should know that if you are wrong, you could be liable for copyright infringement based on your use of the work.
So, even if you license your music under Creative Commons, your original agreement under your licensing agency applies. In fact, if you have already signed your rights away with a member of the M.O.B. (Muthas of Broadcasting) you can't even license your music under Creative Commons.
Click the link and do your own homework, because responsible internet broadcasters are gonna do ours. Even if you license your music under Creative Commons, if you also are with one of the major licensing agencies, guess what? Your agreement with BMI, Ascap, ect will supersede your Creative Commons license, like I said before, Creative Commons doesn't even apply at all. You shouldn't even try to license your music under Creative Commons, it will only make legit internet broadcasters think that is O.K. to play your music. It might be O.K. with you, but it is not gonna be O.K. with the "music mafia", that I promise you.
So, simply put, if you feel that you have to be a member of one of the Performance Rights Organizations, or the Music Mafia, or the PRO's, you are going to have a problem getting played on internet radio shows that would like to play your music. If you skipped the above post hoping to see why, then you are gonna have to just scroll back up.
Sorry. You signed your name to the paperwork long before you knew of me.
3) If you really and truly want Deb to play your music on her show, then you are going to have to sign a waiver. The waiver basically states what she is going to do with your music (play it, nothing else) what her rights are (which is to play it on her show, again, nothing else)
If ya got this far, then I know what you are thinking, which is Holy Shit, what am I signing my name to? Well, I know that Deb understands that the Music Industry is so screwed up that you guys are afraid to sign your name to anything. All Deb is asking is your permission to play your music on her show. She's trying to cover her ass, and can you say you blame her?
They have found ways to screw you indie guys, well guess what, they've found way's to bend us over and get us too.
So, in short, well I can't make it short and sweet, you really have to do your homework, just like we need to need to do ours.
If you want your music played, you have to jump through 50 hoops. If you are listed with one of the major licensing agency's, then I hope you are in really good shape, because you are gonna have to jump through a million hoops to even get us to play your music. We want to, we just can't without some paper to cover us.
As an internet broadcaster, we have to cover our ass as well, because of the industries current business model, we really are left with no choice.
We'd love to play ya, really we want to.
Make it possible for us. Don't sign it away to an industry that wants it for themselves.
Don't sign your music away to the music mafia.
Take a look at the Creative Commons website, and read the whole agreement.
The majority of us won't play ya otherwise. I'm sorry, but the industry won't let us play your music otherwise.
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