Do I need a license ?

Do i need a license ?

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We do not provide licenses with our servers. If you plan on playing copyrighted material which you do not have permission from the copyright owner then you should have a license.

Licensing differs between countries so if you live outside the UK or plan on broadcasting outside the UK then you may need to research multiple countries to check licensing requirements.

If you do live and broadcast from the UK then the company responsible for licensing is PPL UK.

For a list of countries covered by the PPL license see the following PDF : Download

Small Webcaster Licence

The PPL Small Webcaster Licence is for online radio services that generate revenues of less than £5,000 per year and whose annual total streaming does not exceed the streaming limit of 270,000 Performances (ie. one Performance is when one user streams one sound recording broadcast in the service)..

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More Links :

Why do I need a radio broadcasting licence? - PPL

Online radio and services - PPL

Apply for a licence (radio broadcasting) - PPL

Although, You will need to watch out how much music you do play, as if you exceed the amount you have paid for royalties. Your license will be moved up to the next level of licensing which does cost around £950.00

If you plan on playing copyrighted material which you do not have permission from the copyright owner then you should have a license.

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Our station is broadcasting music from music producers who have give permisson for broadcasting their songs. do we need license then? We are making stream records (in case if inspection check our server) but what kind of agreement from copyright owners we need? Is there any forms (contract) to fill in to prove about copyright holder permission? And last question is about live mixes... Does mixtape count as one particular song or many (for ex. 10 tracks remixed togeather). And these mixes are made by our radio DJ`s - do we need any papers to prove it.
Sorry for so confusing questions!

Only the licensing authorities can give you definitive answers so you must contact them for the official line.

In our opinion it would make sense to get written permission from the copyright owners just to be sure. Also as far as we understand a mix tape should be treated as multiple tracks not just 1.

balticradio said:

Our station is broadcasting music from music producers who have give permisson for broadcasting their songs. do we need license then? We are making stream records (in case if inspection check our server) but what kind of agreement from copyright owners we need? Is there any forms (contract) to fill in to prove about copyright holder permission? And last question is about live mixes... Does mixtape count as one particular song or many (for ex. 10 tracks remixed togeather). And these mixes are made by our radio DJ`s - do we need any papers to prove it.
Sorry for so confusing questions!

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The answer we have received from both PPL and PRS when asked these questions was that unless we are the writer/composer, artist and producer, or the music is public domain, creative commons with no-restrictions or copyright free we have to pay.

FlagRadio said:

The answer we have received from both PPL and PRS when asked these questions was that unless we are the writer/composer, artist and producer, or the music is public domain, creative commons with no-restrictions or copyright free we have to pay.

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So long as you have *written permission* to play the music from the Copyright owners, producers etc then you don't have to pay royalties. You must ensure that it is written permission, and is legitimate. It is your responsibility to ensure that the person you get the permission from is the copyright holder!!

As my station is a harder edged dance station, I buy my tracks directly from the Record Label. It is also the same place top DJs in this genre buy their tracks from to play out at 80,000+ capacity raves. I also get permission from the copyright holders of each track and let them know that the track will be used for online radio/downloadable podcasts which I then ask them to write me a letter, post it to me signed.

So long as you do that, you'll be fine. If PRS then contact you, and summon you to court... make sure you take all of the letters with you!!

Hi Ben,

I would be very careful of PPL & MCPS-PRS. It will take more than a letter from a record label to cover your back when they start on you.

You would need a carefully worded waiver and license from the writer/composer, the performer, and the recording company. If the work is a derivative of any other work that is under any form of copyright anywhere; including sampled tracks, spoken word samples etc; you will need the same permissions and license from them.

If an American artist or copyright is involved it becomes even more complicated and even more expensive if you get it wrong. Remember that many internet broadcasters and online services have either folded or implemented severe geo-locking measures in order to protect themselves. Here in the UK/EU we are protected by law from the excessive fees the Americans have to pay - as much as 125% of revenue according to some reports - but we are not protected if we as sued in the US.

As an example, when we cover live bands, contests, or carry original material we make sure that the artists/performers sign waivers, licenses, and declarations that the work is 100% original and entirely their own work as part of the competition rules. This way we can offer this as mitigating evidence if needed. It's not a defence but it helps.

Well as far as the music we cover, it's all been paid for before hand. We get letters and waivers from the Record Label and from the Producer/Writer. If they have sampled anything, they have already paid for using that sample.

Our radio site is "For promotional use only" which means we are promoting the artists/labels, for which we have permission. Most of the stuff we play is therefore not released yet, and we are helping get the track out to the masses.

Hi

I found that a member asked same question in this forum some months ago.

[FONT=&quot]Pls use search box to find this questions with comments[/FONT]

prs needed

i rec'd an email today from PRS, saying its been brought to our attention you do not hold a licence to broadcast over the internet....how that got this info i'll never know ive only had 4 listeners so far

The PPL website has been updated recently and we have modified the links to reflect the changes.

If I stream with a widget from another broadcaster, do I still need a license?

Such as from Ustream or the Second Life platform. etc etc

Gary Carlyle Cook said:

If I stream with a widget from another broadcaster, do I still need a license?

Such as from Ustream or the Second Life platform. etc etc

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We recommend that you contact the PPL UK for confirmation on this.

Is the dejay responcible for the licence or the radio station

Hi there newbie hear so you will have to excuse me if this has been ask before.
After 25 years as a mobile and club DJ i gave up, but like the idea of broadcasting from my own arm chair. but my concern is who is responsible for the ppl & prs licence . is it the station he works on or the DJ who has bucket loads of MP3 on his computer. only it seem there are a lot of stations asking for DJ's but i not sure whether to apply as i don't want the expense of paying for the licences if its the DJ's responsibility.

Many thanks
Migsy

Migsy Cee said:

Hi there newbie hear so you will have to excuse me if this has been ask before.
After 25 years as a mobile and club DJ i gave up, but like the idea of broadcasting from my own arm chair. but my concern is who is responsible for the ppl & prs licence . is it the station he works on or the DJ who has bucket loads of MP3 on his computer. only it seem there are a lot of stations asking for DJ's but i not sure whether to apply as i don't want the expense of paying for the licences if its the DJ's responsibility.

Many thanks
Migsy

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Hi Migsy, we recommend that you contact the PPL UK for confirmation on this.

Hi,

Is it legal in the UK to record from webradio but not boradcast it, only to fill my mp3 player?

Thanks,
Csaba

Tsab said:

Hi,

Is it legal in the UK to record from webradio but not boradcast it, only to fill my mp3 player?

Thanks,
Csaba

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With so many Mp3 download sites available why would you want to record / rip a stream for your player.

Danny Kurioz Pedder said:

With so many Mp3 download sites available why would you want to record / rip a stream for your player.

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Thanks for the answer.
I've downloaded 160 hours of chillout, ambient and lounge music, without searching for mp3s. Mostly 1-1,5 mixes and I really like them.
The question is the same, is this legal?

Thanks
Csaba

Support said:

We do not provide licenses with our servers. If you plan on playing copyrighted material which you do not have permission from the copyright owner then you should have a license..

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Hi,

Relating to your post at the start of this thread, I just wanted to ask what might be a dumb question, but do I need a license if I intend to only play my own stuff? I'm guessing you don't, as no other work or artists are involved in what I would be doing. Still, I would appreciate your thoughts on this, based on your company's experience.

My thanks in advance for you taking the time to reply to this.

Regards

Solaris

Tsab said:

Thanks for the answer.
I've downloaded 160 hours of chillout, ambient and lounge music, without searching for mp3s. Mostly 1-1,5 mixes and I really like them.
The question is the same, is this legal?

Thanks
Csaba

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there's stil a copyright question but in reality you are not going to get into trouble for this. its no more wrong than someone who in the old days listens to a radio station at home but works say 10km away where there is bad reception quality or the station cannot be heard at all, and wants to listen to the music there - or maybe in their vehicle or on their bike. (but they should of course keep their eyes on the road, or they would be breaking traffic laws )