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Internet radio royalties....should I call my lawyer?


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I have been approached my a guy who has a podcast and wants to play my music on his show. Here is a reply I sent him when i asked him to describe what he does.

 

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Illumination Audio was created in the spring of 2005 to showcase independent music. Currently we do that via a weekly podcast. If you're not familiar with podcasting, it's a form of time shifted radio that allows people to download the show, and play it on their ipod, computer, or mp3 player.

 

Illumination Audio is host to roughly 10,000 people or so per week. As well, we have recently partnered with Green Dragon Radio and as of this sunday June 12, we will increase our listener base to well over 20,000 listeners per week. As you can see it's a pretty large sized audience.

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Here is his website:

illuminationaudio.libsyn.com

 

I don't what to do here. On one hand I am thinking. Cool. I can have a lot of exposure. But on the other hand, I am a bit concerned because I don't know what risks are involved. Any suggestions?

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I think you should be happy someone wants to promote your music and realize you probably wouldn't make a dime if your song played on FM radio occasionally.

 

Now if AOL radio or one of the other big ones (stations with millions of listeners) wanted to add you to a playlist, you'd want to contact somebody, BMI, ASCAP or whatever and see about getting paid...but even then, it would have to be repeat plays, not just a one-off promotional thing

 

Anyone, please correct me if I'm wrong on any of the above points, I'm a bit foggy right now

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Originally posted by Steve LeBlanc:

I think you should be happy someone wants to promote your music and realize you probably wouldn't make a dime if your song played on FM radio occasionally.

 

Now if AOL radio or one of the other big ones (stations with millions of listeners), you'd want to contact somebody, BMI, ASCAP or whatever and see about getting paid...but even then, it would have to be repeat plays, not just a one-off promotional thing

 

Anyone, please correct me if I'm wrong on any of the above points, I'm a bit foggy right now

I am really happy that this guy found me on myspace.com, emailed me and said he liked my music and wanted to play it. But I have never been in this position before so I want to do the right thing and protect myself if needed.
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right...sorry if I was a little sarcastic...er, caustic, whatever :)

 

your question was a valid one, you should ask about royalties whenever there might be some...I just think in this case there probably isn't much if any money there.

 

it wouldn't hurt to ask the guy if he ever pays royalties and if so how does that work

 

more specifically I was saying I don't think there is any reason to call a lawyer and if you did it might rub someone the wrong way for no reason...luckily there are other people here who might answer your question better

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This is probably fine; sounds fine superficially. (I haven't visited the site.)

 

But DO watch out for scammers on myspace. It's the hot new place to victimize the gullible and the naive. You sorta have to be there, looks like; everyone increasingly is. I've been there for maybe a year or so. I really hate the site and its amateurish programming and clumsy interface design. And if you go on the BB's there (what can I say, I know this first hand) you can permanently make yourself stupider... er, more stupid-like... er... where was I?

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"time shifted radio"..

 

and in royalty-land, no one makes money from airplay. That's not the concept or the history. BMI-Ascap collections from airplay certainly ..and historically..don't wind up in individuals hands to any large degree.

 

The concept here is that radio play exposure leads to possible buyers of the album...or fans who pay to see you play. That's where the money is. Payola certainly proved that one.

 

Bottom line, be glad you've got the interest. I'd discuss ways that you might link the exposure to getting some on-air mention from the guy as to where folks might find you in order to buy your album.

 

But on the other hand, if I were the guy and I heard you even mention "maybe I should discuss this with my lawyer", I'd be walking away from you and your current/future work real fast.

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If you have properly copywriten your music by submitting the proper forms to the US Patent and Copyright office so there is no risk of your music being stolen or exploited without your permission, and are happy to get airplay and your music given away with no return on your end, then do it. Otherwise respectfully decline.

Hope this is helpful.

 

NP Recording Studios

Analog approach to digital recording.

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I think you should go for it.

 

BTW: I'm starting a podcast similar to this guy's soon.

 

I won't be paying royalites either:

1. While ASCAP HAS come up with a way for podcasters to pay SONG royalites, BMI and SESAC have not. Why would any podcaster want to only broadcast ASAP stuff?

 

2. Soundexchange handles mechanicals on internet radio streams but they are also behind the times and don't have a way to license SOUND recordings.

 

Even if a podcaster wanted to pay royalites, it is really not pratical at this time. Most podcasters feature independent artists like yourself and if they are HONEST will ask for permission to add your work to their podcasts. Think of it this way... you're giving up a "free" MP3 for promotional reasons. I'd say go for it!

 

Valky

Valkyrie Sound:

http://www.vsoundinc.com

Now at TSUTAYA USA:

http://www.tsutayausa.com

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Originally posted by theblue1:

This is probably fine; sounds fine superficially. (I haven't visited the site.)

 

But DO watch out for scammers on myspace. It's the hot new place to victimize the gullible and the naive. You sorta have to be there, looks like; everyone increasingly is. I've been there for maybe a year or so. I really hate the site and its amateurish programming and clumsy interface design. And if you go on the BB's there (what can I say, I know this first hand) you can permanently make yourself stupider... er, more stupid-like... er... where was I?

I am fully aware of the bullshit that goes on in myspace.com. I have seen a few spammers and scammers there and they are easy to spot for the most part. This guy isn't asking for much. He just wants to know where he can get a copy of my music to play on his station. I am on myspace for one purpose. To promote my music. I think for he most part it's a big "high school mentality" network site where everyone is trying to collect more "friends' to be and look more popular. I can't beleive these people never grow up. It's good to promote music and that's it.
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Originally posted by BOOKUMDANO:

But on the other hand, if I were the guy and I heard you even mention "maybe I should discuss this with my lawyer", I'd be walking away from you and your current/future work real fast.

Nope. I know not to say that. I just say. Let me get back to you on that. :D:D:D
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Well, my point of view is this:

 

I'm NOBODY. If anyone is in any way interested in my music, then I'm blessed. If anyone in any way can further my exposure with no effort or cost on my part, how can I lose? Is it gonna become a "big hit," with me getting nothing out of it because I didn't stay on top of my rights? It's still ok with me EVEN IF IT DOES, because, hey, if I only have one good song in me, then I'm the equivalent of a blind pig who found an acorn. I don't "deserve" a jackpot any more than any other lottery winner.

 

OTOH, if it gets me recognition, and I can write another good song or two, I have a foundation to stand on to actually get somewhere with "hit number 2."

 

While I don't think there's such a thing as being too paranoid in this bidness, at the same time it seems like a lot of people with no standing or track record put the cart before the horse.

band link: bluepearlband.com

music, lessons, gig schedules at dennyf.com

 

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Originally posted by Super 8:

Originally posted by ryst:

If you're not familiar with podcasting, it's a form of time shifted radio

Ooh, time shifting! I think Monster Cable helps correct that.
Time-shifted? Isn't that what they called "pre-recorded"? So, it's re-runs.
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