Broadcast Issues... Licensing 101

**Baby Boy** · 06-03-06, 01:40 AM

How's it going everybody, getting ready to hit the bed in a few and I figure I'd post up one last time tonight on a certain topic I am having a deep problem right now with.

As many know, many broadcasting stations require a license that will pay royalty fee's and such for many reasons of keeping from illegal trouble. Not to mention, the files that are to be played are to be downloaded from iTunes or directly off a CD (in other words, no bootleg or downloaded versions.)

Now I am not sure how to go about doing this with my DJ's as I know a majority of them download their songs. I could purchase each CD in wholesale and then provide them with it via the mail, but then they could run off with a bunch of free CD's. Guess I have to return back to the application and re-modify some more things and get the application copyrighted.

So here is what I am needing help with as I am having a heck of a time finding out the annual rates from these companies (the royalty fee companies

BMI - http://www.bmi.com/licensing/broadcaster/radio/
ASCAP - http://www.ascap.com/licensing/radio/
SESAC - http://www.sesac.com/licensing/broadcastLicensing.asp
SoundExchange - http://www.soundexchange.com/licensing101.html

If NBT could please be as kind as to help in assisting me find the correct information I need for Shine 98, I'd be greatly obliged.

Here is some of our references if it asks:

Total ATH Hours (Monthly): 20,000-30,000 (Based on a 200 listener, 4 hours a day listening span sheet)
Broadcast Type: Webcasting
Estimated Weekly Revenue: $500-$2,000 (Future estimates)
Estimated Monthly Expenses: $100-$1,000 (Estimates)

I think that should about cover it and like I said, if somebody could please help me find out how much I'll owe them (basically assist me, I can find out, but with the site release supposed to be in 2 official weeks... I have to get a ball on it, I am planning to possibly take on LoudCity for a couple weeks until I can have a loan approved or generate some good revenue to pay the royalty fee's.)

By the way, if there is any other requirements found that is needed, please feel free to add them in to. Thanks NBT, and this will not go un-rewarded...

P.S. What kind of legal terms should I have written, Terms of Service, User Agreement's?

Michael S. · 06-04-06, 08:33 AM

Sorry to not be of much help, but you propbably know better than I do, why don't you ask some other online radio broadcasters about what they had to do to be legal?

**Baby Boy** · 06-04-06, 09:31 AM

I already know what you have to do, of course, the ASCAP, SESAC, BMI and Sound Exchange, a majority of these site's are simple until you come to the pain-in-the-a** Sound Exchange, that thing is like a bad mystery book gone even worser.

In other words, I may need a lawyer for this, but where can I find a reliable one, cause its like, all I need them to do is to review it, either that or I'll have to continue reading and understanding the contract. Its easy to understand, jus some parts I skipped over cause of complications.

Michael S. · 06-04-06, 09:48 AM

Quote:

Originally Posted by Baby Boy

I already know what you have to do, of course, the ASCAP, SESAC, BMI and Sound Exchange, a majority of these site's are simple until you come to the pain-in-the-a** Sound Exchange, that thing is like a bad mystery book gone even worser.

In other words, I may need a lawyer for this, but where can I find a reliable one, cause its like, all I need them to do is to review it, either that or I'll have to continue reading and understanding the contract. Its easy to understand, jus some parts I skipped over cause of complications.

I understand what you are saying, and you will probably have a hard time finding a laywer that has a moderate background knowledge of radio station and broadcasting liscening and regulations. It might be worth it to just look around for a laywer that knows what he is talking about, and to just pay him what it costs, because if you go to a laywer that doesn't know what he is doing, you have to pay him, risk the chance of a lawsuit, and then pay a laywer to do the job right.

**Baby Boy** · 06-04-06, 09:56 AM

Yeah, that is true so I'll try and take a look into it, I just want it done right the first time and ask that they leave a documentation done to cover up whatever is in need to be known. I honestly rather read it and understand it myself but I will some day, I just want a lawyer to get the main facts down, document them and make me aware of all that I am missing or need.

But thanks again for the facts Michael... anybody else?

**Baby Boy** · 06-06-06, 11:59 AM

Was wondering if anybody could help me, I got the response from ASCAP and SESAC, still awaiting Sound Exchange and BMI.

ASCAP - $310 Annually (Pay and Report ATH Bi-Annualy *Every 6 Months*)
SESAC - $1500 Annually + $18 Session's (Pay AND Report Quarterly, Revenue Based on $50,000 Annual Fee's and 20,000 Sessions.)
Sound Exchange - Coming Soon (Got Official Word on June 09, 2006 on FINAL Amount)
BMI: N/A

I may still edit the SESAC, I know ASCAP is a flat fee... SESAC may need alternating, depending on the rates I get in the advertisement rate post and such. I'll calculate them and get you a FINAL number in a couple of weeks.