Potential Show and Legal Grief

[stePH]

I've had an idea for a podcast show that I might like to do.  Actually, I borrowed the idea from a college radio station that I listened to in high school, and since the station no longer exists I can't really give it back, now can I?  .

There was a weekly show called "Who Do You Love?" in which one of the station's DJs (a different one every week) would feature a favorite band for an hour.  I could easily do at a dozen shows or more with this format (hell, Frank Zappa alone would have to be broken into at least three or four episodes).  I've even started writing the narrative bits and selecting tracks for a Voivod episode.  But there's the issue of rights.  I'm not a radio station, so I'm sure I can't just play whatever music I like without permission. 

Does anybody know how I might go about getting permission to use whatever music I might need?  Do I contact the artist/the artist's estate?  The record label/labels?  Other?

[jrderego]

I've had an idea for a podcast show that I might like to do.  Actually, I borrowed the idea from a college radio station that I listened to in high school, and since the station no longer exists I can't really give it back, now can I?  .

There was a weekly show called "Who Do You Love?" in which one of the station's DJs (a different one every week) would feature a favorite band for an hour.  I could easily do at a dozen shows or more with this format (hell, Frank Zappa alone would have to be broken into at least three or four episodes).  I've even started writing the narrative bits and selecting tracks for a Voivod episode.  But there's the issue of rights.  I'm not a radio station, so I'm sure I can't just play whatever music I like without permission. 

Does anybody know how I might go about getting permission to use whatever music I might need?  Do I contact the artist/the artist's estate?  The record label/labels?  Other?

You need to contact ASCAP, and I would imagine, pay them a per-song/per-play/per-download royalty.

http://www.ascap.com/index.aspx

Some information about "Pureplay" which is the current Internet rights payment scheme-

http://money.cnn.com/2009/07/07/technology/internet_radio_royalty_settlement.cnnw/index.htm

"Under the new terms, "pureplay" Webcasters agree to pay artists and rights owners (through SoundExchange) a minimum percentage of all their U.S. revenues up to 25% and to pay a more significant annual minimum royalty.

The agreement provides for three rate classes, under which Webcasters can choose alternative rate structures."

[stePH]

Thanks, Mr. DeRego.  Looks like I won't be doing the show then, as I had no plans to charge for it, and I'm not exactly flush with extra funds to line the coffers of the ASCAP.  I'll probably just record the episode I've already got in the works, for practice and to build up my Audacity chops, and keep it as a "demo".

But I haven't even looked at the links you mentioned yet ... who knows?

[stePH]

But I haven't even looked at the links you mentioned yet ... who knows?

Having downloaded and looked at the ASCAP licensing agreement PDF, it seems I'm in for a minimum of $288.00.  Fuck that shit, man.

[jrderego]

But I haven't even looked at the links you mentioned yet ... who knows?

Having downloaded and looked at the ASCAP licensing agreement PDF, it seems I'm in for a minimum of $288.00.  Fuck that shit, man.

And they'll dispatch ninjas, legbreakers, or both (probably both) if you go ahead without paying them. I've actually been in the local coffee shop when the ASCAP rep was shaking down the owner because he had commercial radio on in the background.

[Bdoomed]

I wanna see the ninjas!

[jrderego]

I wanna see the ninjas!

Ninjas are rarely seen, even at annual parades held in their honor.

http://www.theonion.com/content/video/ninja_parade_slips_through_town

[Bdoomed]

I wanna see the ninjas!

Ninjas are rarely seen, even at annual parades held in their honor.

http://www.theonion.com/content/video/ninja_parade_slips_through_town

haha yeah I was thinking of that story too

[deflective]

this probably isn't what you want to do, but you could make your podcast with two or three second clips from the songs you're talking about.

you could even cut to different songs that are cc licensed with a comment or two about why you have to this way (make sure that derivative works are allowed for the new songs).

[stePH]

this probably isn't what you want to do, but you could make your podcast with two or three second clips from the songs you're talking about.

you could even cut to different songs that are cc licensed with a comment or two about why you have to this way (make sure that derivative works are allowed for the new songs).

You're absolutely right!!!


That isn't what I want to do.


I guess it's just not going to happen.  Shit, and the show would basically be free advertising for the artists in question, what with me pimping their music and talking about how awesome they are.  stupid goddamn ass-cap. 

[stePH]

I found the "contact" section on ass-cap's site and sent a request for information including a brief description of my show concept.  We'll see what comes of this ... but I'll be really surprised if I find I can actually do the show.

[lowky]

this probably isn't what you want to do, but you could make your podcast with two or three second clips from the songs you're talking about.

you could even cut to different songs that are cc licensed with a comment or two about why you have to this way (make sure that derivative works are allowed for the new songs).

You're absolutely right!!!


That isn't what I want to do.


I guess it's just not going to happen.  Shit, and the show would basically be free advertising for the artists in question, what with me pimping their music and talking about how awesome they are.  stupid goddamn ass-cap. 

and I'm not sure if this would be loophole or not, and again isn't probably what your interested in since you mentioned Zappa earlier, but what about underground music scenes.  Not all of those musicians necessarily belong to a PRO.  For an example look at something like industrial nightmares radio

*edit* and even if this is not the type of music you like you might contact them or a "radio" podcast type show and ask how they deal with ASCAP and other PROs *edit*

[deflective]

aye, dunno if it's really worth the effort to try to drag bands into the new media when they're stuck in the label/litigation model.  if they don't want to make it easy for people to spread their music then let them sit behind their wall cause there's lots of stuff being released on cc.

of course, that isn't gonna let you talk about the time your girlfriend surprised you when the song was on the radio.  if you're making something personally oriented you could always just make the show and release it quietly.  i've seen this done without problems before, especially if it's set up to stream instead of download.

[stePH]

Nope, had a purely download concept in mind.  I wouldn't even know how to start a streaming sort of thing.  I hardly even know how to do a podcast feed thingy. 

Who am I bullshiting ... I don't know how.