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May 6th 04, 04:24 AM

On 5 May 2004 23:00:49 GMT, (G) wrote:

My, my. Sounds like a big risk for a non-profit, cultural
project. Although, not living in the States, I might be partially
spared from this type of danger (?)

True.. all depends on local regulations. Copyright varies to some extent from
country to country, but the EU should be reasonably uniform.

Well actually it's not about "streaming". I used the term
"radio" in a broad sense: the idea is to make MP3 files of the program
available on a website which also houses an internet lit mag. Would
that change anything rights and risks?

No.. In the case of the rules here, a download is a stream. Requires
significant logging and all that, so that you can pay the "right" amounts..
but never less than the minimum. ouch

ASCAP and BMI might still come after you looking for infringements. I cut a
CD for a trombone quintet at a college north of Charlotte. They were going to
use the recording as a fund raiser. It was all Black Spirituals, arranged for
that group. Guess what they found after the fact. One of the pieces that
they thought was public domain wasn't... They ended up paying rights after the
fact big time.

ouch!

Thanks for the info. I'd better think more than twice then.
Guillaume.

Amen. That one mistake got patched up rather nicely, but it was a tad
expensive..The recording was for a non-profit group. Had they done it all
before production, it would have been a lot cheaper. (But the licensing folk
have a minimum, which is well into the hundreds.) -- There were penalties for
not pre-paying. Sheesh.

If you cross all your Ts and dot all your I's, you can probably get away with
it. If the content can be edited before placing on the web site, you can
remove anything that you can't prove isn't cleared for public performance.
But if it is presented "LIVE" then you are at the mercy of the licensing folk
and their ability to find a copyright somewhere that you stepped on.

Over here, the Harry Fox agency is always happy to talk to people that are
creating content and making CDs.. (they are the publishing/clearing house for
the music..) -- and of course, after it is produced, Ascap and BMI want to
sink their teeth into it to "protect" the performer...

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