Question

[GoBigRadio]

Hi.

My name is Blythe
and I am the music Program Director for GoBigRadio.com

Now we have recently run into some young independent artist who are covering music.
What would be the legalities of us playing there work?
If anyone could help me out it would be appreciated.

Thanks...

 

[Countrykev]

Legalities?

It depends. Do they belong to ASCAP, BMI, or SESAC? If so, as long as you're paying royalties to those organizations you're fine.

If they are unsigned to a label and do not belong to a composer's organization, then as long as you have the artist's permission you're fine.

 

[Robert Bass]

If they are unsigned to a label and do not belong to a composer's organization, then as long as you have the artist's permission you're fine.

Agreed. Usually when an independant artist/band (or their promotions manager) sends radio station(s) their CD's, they are automatically granting permission for the station to use it.

R

 

[DavidEduardo]

Agreed. Usually when an independant artist/band (or their promotions manager) sends radio station(s) their CD's, they are automatically granting permission for the station to use it.

Unless the songs have not been registered with ASCAP, BMI or SESAC, there is no "automatic" grant of any permission at all. Since music stations almost without exception have blanket licences for broadcasting the songs of the composers and writers of those three organizations, it does no make any difference.

Now, that is for terrestrial radio. Those rules apply in a slightly different way to webcasts, which generally must also have licenses from the collection agencies as well as comply with the digital reporoduction rules.

Even a written release is probably not valid if the composers have signed with a rights collection organization or an affiliated member.

 

[Robert Bass]

Unless the songs have not been registered with ASCAP, BMI or SESAC, there is no "automatic" grant of any permission at all. Since music stations almost without exception have blanket licences for broadcasting the songs of the composers and writers of those three organizations, it does no make any difference.

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David

We are talking about independent artists who hold all the rights to their works. Such material sent to stations by the performers, is an automatic approval for airplay, plain and simple.

Thanks for carefully reading what was written

R

 

[DavidEduardo]

David

We are talking about independent artists who hold all the rights to their works. Such material sent to stations by the performers, is an automatic approval for airplay, plain and simple.

Thanks for carefully reading what was written

R

Unless the artist signs a "hold harmless" affidavit certifying that the songs are not registered nor are they the property of anyone, most stations would be very hesitant to play them. In todayu's litigious society, playing music like that with no release in writing is dangerous.

If by "independent" you mean they are not signed to a label, you are forgetting the fact that ASCAP, BMI and SESAC have nothing to do woith records or record labels.

 

[Robert Bass]

If by "independent" you mean they are not signed to a label, you are forgetting the fact that ASCAP, BMI and SESAC have nothing to do woith records or record labels.

: : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : :

DUH!!!!!!!!!!!!!!!!!!!!!!!!!!

R

 

[DavidEduardo]

If by "independent" you mean they are not signed to a label, you are forgetting the fact that ASCAP, BMI and SESAC have nothing to do woith records or record labels.

DUH!!!!!!!!!!!!!!!!!!!!!!!!!!

The fact is that many small record labels are known as "independents" if they are not part of WEA/Sony/Universal/EMI. Saying an artist is "independent" may mean they self-publish, or that they only have a demo or that they are on a indie label. Playing songs without knowing especially if there is no performance licensing on the web stream in this case, could be quite dangerous.

 

[JbeJay]

Usually when an independant artist/band (or their promotions manager) sends radio station(s) their CD's, they are automatically granting permission for the station to use it.

Ah, but one cannot always be certain that it is the "independent" artist (or someone authorized on behalf of the artist) who is doing the sending.

 

[Robert Bass]

Usually when an independant artist/band (or their promotions manager) sends radio station(s) their CD's, they are automatically granting permission for the station to use it.

Ah, but one cannot always be certain that it is the "independent" artist (or someone authorized on behalf of the artist) who is doing the sending.

So what you're saying is that someone would be stupid enough to send in their material, anonymously? Then what's the point? All the send-in's I have ever received, indicate the identity of the sender. The one time that didn't happen, was when a listener went out and bought a CD and mailed it.

R

 

[Robert Bass]

If by "independent" you mean they are not signed to a label, you are forgetting the fact that ASCAP, BMI and SESAC have nothing to do woith records or record labels.

DUH!!!!!!!!!!!!!!!!!!!!!!!!!!

The fact is that many small record labels are known as "independents" if they are not part of WEA/Sony/Universal/EMI. Saying an artist is "independent" may mean they self-publish, or that they only have a demo or that they are on a indie label. Playing songs without knowing especially if there is no performance licensing on the web stream in this case, could be quite dangerous.

David,

Please go back and read the original post. The person stated "independent artist", which highly likely means an artist is working as his/her own representative. There's no need to drag the BIG TIME labels into this.

R

 

[JbeJay]

All the send-in's I have ever received, indicate the identity of the sender. The one time that didn't happen, was when a listener went out and bought a CD and mailed it.

I don't know the legality of what permission, if any, you have been given by the delivery of a CD. My point is that if a listener, to use your example, sends it to you, that doesn't give you permission. Whether any other sender does is an open question.

 

[JohnAllan]

I work with several Indy artists that do covers on their CD's. We get (and pay for) permission to record and sell said copy of the songs. We go directly to the writers/artists through ASCAP and BMI. Once we obtain permission, those recordings can be broadcast without fear by any station. The royalties are paid to the writer through ASCAP and BMI. Usually, we push original compositions to radio. That way the artist gets the royalties. We do the covers for people buying the CD. But sometimes the cover tune gets picked up and played.