Options for internet radio show (not a podcast)?
July 20, 2017 1:36 PM   Subscribe

Are there any legal and affordable options for broadcasting a regular, podcast-style program over the Internet that includes music from the big record companies? A podcast can't legally use copyrighted material without paying standard licensing fees or otherwise negotiating usage, but are there ways to publish podcast-like content that incorporates music on the up-and-up?

Some friends have been recording a chat show in a basic music-radio format -- they play a few songs, then they chat about them for a good period of time, and then segue into another short set of songs, followed by more knowledgeable chat. They know their stuff, and their song selections are fairly eclectic, but based around classic rock mainstays rather than indie or obscure bands. I've had to break the news that, while it would probably be possible to begin distributing the show as a podcast and fly under the radar for some time, they will likely get a cease-and-desist letter (or at the very least get delisted from iTunes) if they achieve any popularity at all. They understand, and as musicians themselves they are not interested in doing this in a way that's not aboveboard. Unfortunately, the background and analysis on each track is WAY less compelling if people can't hear the music in context. Any ideas or suggestions about how this can be accomplished?
posted by Mothlight to Media & Arts (8 answers total) 3 users marked this as a favorite
 
Just to be clear, you're talking about "livecasting" (or live streaming), compared to making a pre-recorded, downloadable "pod" or episode, right? And I'm guessing you're in the US.

If both guesses are true, it looks you'd pay Sound Exchange $500 per year per station, commercial or noncommercial, and there is/may be a very small per performance fee, which varies depending on if it's a subscription or nonsubscription transmission.
posted by filthy light thief at 2:20 PM on July 20, 2017 [1 favorite]


This might seem insane but what about making a playlist elsewhere (Spotify or YouTube maybe) and then insert a bunch of silent tracks (there's gotta be some out there) where they talk. Then in your show you put silence where you want the music to play. Start both at the same time and voila! Completely legal and free... Just a pain in the ass.
posted by noloveforned at 3:21 PM on July 20, 2017 [1 favorite]


Or duh, just a single YouTube playlist with their comments in their own video in between the songs they play.
posted by noloveforned at 3:26 PM on July 20, 2017 [1 favorite]


Response by poster: Just to be clear, you're talking about "livecasting" (or live streaming), compared to making a pre-recorded, downloadable "pod" or episode, right? And I'm guessing you're in the US.

Well, the shows are pre-recorded but, yes, in the U.S., and yes, "livecasting" the recording (in a way that doesn't allow downloading) would be one option. I had visited the Sound Exchange page but I'm a little lost when it comes to the definition of a station. To wit: are there existing "stations" that might entertain the notion of adding a new show to their schedule? I feel like I've read about Internet-only radio stations but I have no idea what infrastructure supports them or how audiences discover them despite some Googling. Or are there services that specialize in hosting radio stations, the same way some services specialize in hosting WordPress or Drupal or whatevs?

Or duh, just a single YouTube playlist with their comments in their own video in between the songs they play.

Yep, that's probably the smoothest/cheapest way to hack this!
posted by Mothlight at 3:34 PM on July 20, 2017 [1 favorite]


This is fair use and they don't need to pay royalties. If they're playing the songs in the context of criticizing or otherwise discussing the music, it's fair use. If they're playing the music straight through, though, it's questionable. Talk over the music and frequently stop it to talk about it and you'll be fine.
posted by empath at 6:20 PM on July 20, 2017 [2 favorites]


Best answer: I agree wth Empath here. If they talk over it and comment on it they have a very good argument at fair use. "Screw it We're Just Going To Talk About the Beatles" has played full Beatles tracks with running commentary and hasn't been pulled so far as I know while the Beatles Anthology Revisited was pulled rather quickly (even though it is a magnificent historical document, it incorporates uncut performances and songs).
posted by cyphill at 7:11 PM on July 20, 2017 [1 favorite]


Response by poster: Thanks, all, for the comments. I've marked cyphill as best answer just because the two Beatles projects are such a good illustrative device to show how you can maneuver yourself onto the fair use side of copyright infringement, rather than the immediate-cease-and-desist side.
posted by Mothlight at 8:51 AM on July 27, 2017


Sounds like you have some good responses for what you want to do. If you ever do have to look into livecasting a show: a long time ago I used to host a music show (mostly music, no long commentaries) on a small Internet radio station which is no longer active. So there may be better ways to approach it now, but FWIW, I think this was how we did it:

- The station owner/DJ ran their own Shoutcast server.

- The DJs used their own client software to connect to the server. This was about 10 years ago, so I used Winamp with a Shoutcast plugin. The plugin allowed me to broadcast music over the stream, and there was a (software) button to enable the microphone connected to my computer, so I could announce and talk about the music I was playing.

- The music licensing was handled through a service called LoudCity which is no longer around. I think the Shoutcast stream was fed to LoudCity, which monitored the artists/titles played. One of the competitors of LoudCity was StreamLicensing.com which is apparently still around (I have not personally had interactions with it beyond looking around their website).

- People who wanted to listen to the station using the legit licensed stream had to load the station's loudcity URL from their streaming music player. They could get the link from the LoudCity site, or from the station's own website.

- To pay for this, all of the DJs had to chip in a fixed amount, so the cost was split up among everyone. It's been so long that I can't remember how often it was. Every year? Every time LoudCity raised their fees? In any case, yeah it was pretty expensive for what was essentially a casual, noncommercial freeform radio station, so it made sense to split things up.
posted by rangefinder 1.4 at 2:10 AM on August 8, 2017


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