Having posted the good news of the previous communique I have been
engrossed in a reading frenzy of legal terms, fee charts, doom, gloom and
thier sister "da courtroom".
To wit, it is now clear from a few sources, Jbay of the Val list being the
prime and most knowing of ones, that there are several legal arms of the
music biz that are already looking to turn Shoutcasting and its ilk into
Yet Another Komercial Fee And Revenue Teat,which I will shorten to YAKFART
for the sake of breivity.
It is the 285th Rule of Aquistion that so clearly states "No good deed
ever goes unpunished."(1) Should I ever forget this again please withhold
any oomlax for a week. It seems as if i will either be paying into
YAKFART, the very fee based monstousety I despise, or run the ragged edge
of operating an illegal station.
There are those who say "Oh man this shit is small time, they aint gonna
mess with you." To wit I must point out the various gun drawn sceens
played out over the last few year of the FCC and the various monetary
draining legal battles of the Harry Fox agency,RIAA, ASCAP etc.
"How the hell do we set stuffed
In da back of a cell
On an isle
Ain't it wild
What's a criminal?" Chuck D(2)
Im getting old folks. Im looking up at 35 and Im thinking that if I were
23 again all manner of caution would be tossed into the wind like so much
Budwiesr spray off. Im getting older, but does that mean I am going to
start bowing to the weight of this verbiage? Shake the magic eight ball,
for the twenty third time "answer hazy, try again".
Dont read this as a waver, more of a concerned burp. I would be a fool to
think I am 15 and below the law, that the world will let me and my
listners be happy with an occasional suck on a 24kbs stream of music,
spoken word and sonic mixings to make our days more interesting. If there
is a way to sour this, I am dead sure theyTHEMthey(tm) will find a way.
Im still much more of the "Fuck OFF YAKFART mind" than i am of the "I
better close it all down casue they are right and only real DJ like the
greaseman should ever spin sounds for other to hear", but as it was
pointed out to me it is vastly better to know all the options and wepons
of the enemy than to be ignorant.
"Only if I had one more time to
kick The rhythm that keep rippin' down the door
So the real crominals get exposed behind the clothes
Doors 'n' the suits that make 'n' break da law"Chuk D(2)
So share with me now the links to induce legal mania , follw this thread
of urls down to the bottom line. Dance with me, come baby dance with me.
Its a waltz of much velocity, vecotrs of stupidity but hang in there, I
need you to let me know im not just spinning myself down for nothing.
Ok..Hang tight and get your browser ready..
For Ascap, who that owns a coolective right of lots of music copyrights
and the fair use of which must be paid
----http://www.ascap.com/weblicense/webintro.html
For RIAA, who also say what when and where you can play and who to pay
----http://www.riaa.com/weblic/wl_faq.htm
For BMI, who thats owns more copyrights
----http://www.bmi.com/home_li.html
For SESAC, like ascap and bmi only not
----http://www.sesac.com/license.htm
"Lookin' for my own 'cause I had enuff bull
I can't understand it must be crooked
Way they planned it" Chuck D (2)
I went thru enough of the cahrts as I could in one night and came up with
the following figure.
---------------wsmf financial sheet--cut and save the whole series-------
Yearly WSMF Revenu----------------$0-
Yearly WSMF Operating Expenses-$1000 (dsl, equipment,cds, coffe)
Fees(Yearly)
=====================
ASCAP Fee $250
BMI Fee $500
RIAA Fee $???? (looks like they got some recruits
from the chattering Order of St
Beryl working for them)
Harry Fox $Inifnet (this agency is basicaly going to
sue anyone but a known commericl
broadcaster)
Sesac $100
========
$850 (not including Harry Fox court fees
and whatever the RIAA wants to
take)
---------------------------------------------------------------------
For right now im going to go along as I have for the last 9 days. Untill I
get things clearly outlined from the RIAA and Harry Fox Agency I am hard
pressed to pay dime one to anyone. If any moeny exchanges hands it will be
with the clear and unalduterated knowing that no one can haul my white ass
to court for playing music to the 9 streams of possible listeners from my
site.
Even if I get this assurence I am still not sure I am want to pay the
YAKFARTS. There has to be options out there, other than the purely Jolly
Rodgers one.
I could play music and works ONLY by folks I know wont sue me. To this end
I would like to know from all of you if you know of any such folk, if you
are such folk. Also, if you are a ASCAP/BMI/YAKFART memeber, what do I
need to do to obtain permission from you directly to play your works.
This also gets a process going in my head that should be in motion anyway,
and thats me getting off my geek distracted butt and start making more of
my own music/spoken word/sound mixings. I would gladly let me play my own
stuff, unless of course I wanted to be a real YAKFART about it and sue
myself.
POrtland OR (AP)--Musicain sues self over internet copywrite infringement.
"I will not sit by and watch thugs like me rip off
musicans like myself of the $.00004 due me for
play on a 24kb stream".
So, wsmf is and will be up, that much i am certian of. Of all this legal
mania I am stil sorting out. If anyone has any sugestions, thoughts, tales
of knowing, help in finding things I can shoutcast that wont get me landed
in court..please RSVP. This thing is only realy ever going to work long
haul if its more than just me.
To all those who have listned, have sent me stuff for the project and gave
me advice in these early days, much thanks. Much much thanks.
And much good brews and food if you get up to portland.
Explore Expand Evolve---
(1) http://members.aol.com/MRupprecht/Trek/rulesofa.htm
(2) http://www.public-enemy.com/archives/lyrics/greatest-misses/
hazy-shade-of-criminal.html
(3) This footnote has been removed for health reasons.