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Legal Music Sharing

ASCAP Compliant Demand Voted Internet "Radio Station"
  [vote for,

Today's news is the crackdown on music sharing (coincidentally announced with the start of the school session). In the recent past there were headlines regarding the demise of small internet radio stations who were to hit with the enforcement of ASCAP royalty payments for each song played (around 5.7 cents). Long ago the news was ASCAP walking into retail stores demanding payment if they were found to be playing music in the public setting. It appears there is no perfect solution to completely satisfy artists and consumers. That being said, here's a thought to mull over and seems to slip under the legal highbar.

A local FM radio station routinely broadcasts a late night album play and reminds listners to "set their recorders". This music sharing system works similarily. Consumers post an interest in a song to a Central Clearing Computer (CCC). The CCC orders interest, identifies a source, and devises a play list, being sure to program even lower interest music to the "middle of the night" hours. Also, popular recently requested cuts would be queued with a delay so as not to hog air time. The consumer computers would be communicated a "play time" (aka: recording time) when the (recordable) streaming media is to be broadcast. The CCC allocates each individual source computer in turn, as the broadcaster for the individual cut to be played. Source computers and consumer computers are very much the same as in current file sharing networks. ASCAP fees (5.7cents) per song are paid by the CCC as the entity for the radio station. Since each play is utilized by a vast number of consumers I won't address the 5.7 cent fee except to say it might be covered by advertisement or an outright enrollment charge substantially less than other solutions proposed to date. (Okay, I'll offer one possibility - pay for priority).

In short, a request/fullfillment system would be operated substantially transparent to the consumer. A lower interest unfufilled request (after a few days) might require consumer prodding with a payment. An internet radio station would result probably characterized as having a diverse interest and with some repetion but much improved over commercial radio. Undoubtedly not perfect, but if feasable, would be a nice little programming challenge.

kamenmann, Sep 09 2003

ASCAP http://www.woodpeck...yalty-politics.html
Not the official overview but good enough. [kamenmann, Oct 17 2004]

ASCAP site http://www.ascap.co...ascapadvantage.html
[kamenmann, Oct 17 2004]


       //Today's news Du Jour//   

       Isn't that redundant?
jivetalkinrobot, Sep 09 2003

       Agreed, "Du Jour" removed. Royalty payments to ASCAP improved over current free sharing.
kamenmann, Sep 09 2003

       What time do they play Flipper?
snarfyguy, Sep 09 2003

       A multitude of localized radio stations is envisioned. If after a few days or weeks your request for flipper hasn't been fulfilled, you can "donate" to the ASCAP fund to elevate priority in the queue. The radio station is designed to be "non-profit" - excluding expenses, profits go to ASCAP.
kamenmann, Sep 09 2003

       // Long ago the news was ASCAP walking into retail stores demanding payment if they were found to be playing music in the public setting. //   

       What? That's nonsense. There are licensing fees that cover this sort of thing and have been in place for ages.
waugsqueke, Sep 09 2003

       //What? That's nonsense. There are licensing fees that cover this sort of thing and have been in place for ages. //   

       I thought he meant that, figuratively speaking, that was the beginning of licensing negotiations for agreements that are now in place.
snarfyguy, Sep 09 2003

       Yes, licensing based on source play (like radio stations) rather than per consumption (like Apple's 99c/song). Both methods have their acceptance, and it should be noted that revenues are not limited. A popular song may be constantly requested, each time satisfying 10 to 100 consumers. ASCAP still retains the right to levy subsequent charges if the music is used in a commercial setting.
kamenmann, Sep 09 2003

       Yes and no.   

       In Canada, CAPAC levies an 'entertainment' license fee on all businesses that feature live or recorded music in their establishments, such as restaurants and bars. I don't have firsthand knowledge of it, but I can only imagine that ASCAP does the same in the US. The only time any action would need to be taken would be when a business featuring music was not paying the license fee.
waugsqueke, Sep 09 2003

       //What? That's nonsense.//
It is not nonsense. If you run a business in the US, and put a radio in a place where it can be heard by your customers, ASCAP demands you pay them money. Even though the same customers can go out, get in their car, and hear that same radio station for free. Even though that radio station has already sent ASCAP money for those same songs.

       Likewise, if you hook up a radio to your music-on-hold on your business phone system.   

       ASCAP used to routinely send people around looking for "violators", and call businesses just to find out what was on their music on hold. I haven't heard about this happening lately, but thats probably because everyone has been browbeaten into accepting this overzealous nonsense as reality.   

       Look on the door of many small restaurants like sub shops, pizza places and so on, and you will often find an ASCAP sticker near the VISA and MasterCard logos. Read the links to hear more about ASCAP bullying.
krelnik, Sep 09 2003

       The author was not clear in the idea that he meant this was only happened to people who violated the license agreement. It appeared he was not even aware such agreements exist.
waugsqueke, Sep 09 2003

       I presented ASCAP only as a means for proper licensing - it is not the major thrust of this idea! I have since done more research and it appears a variant of this idea has been explored, therefore, I shall delete this idea in the near future.
kamenmann, Sep 11 2003


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