[RFU] Re: [Rfu-barnraising] Re: {leti} Re: the automation question

[Phil Stinard]

Norman,

Thanks for putting down the regulations in black and white.  This looks like 
a good policy for WRFU to consider if it decides to webcast.  I wouldn't 
have any problem with the streaming of non-music programs.  As it stands, 
though, I would definitely turn streaming OFF on my program.  I want to 
announce my playlist in advance, and there are times when I would want to 
play an entire album, like Andrés Jiménez's "Jesus, El Hijo de Dios," which 
is a complete work in 16 tracks that make a thematic whole.

--Phil

>From: Norman Stockwell <normstoc at wort-fm.org>
>To: Phil Stinard <pstinard at hotmail.com>
>CC: sascha at ucimc.org, andrew at funferal.org, leti at lists.prometheusradio.org,  
>       rfu-barnraising at lists.chambana.net, rfu at lists.chambana.net
>Subject: Re: [RFU] Re: [Rfu-barnraising] Re: {leti} Re: the automation 
>question
>Date: Thu, 27 Oct 2005 19:23:25 -0500
>
>
>
>Phil Stinard wrote:
>
>>I expressed concerns about streaming at last night's barnraising meeting, 
>>but apparently to no avail, since no one is addressing the concerns I 
>>expressed.  My concerns are:  (1) cost of recurring licensing fees, and 
>>(2) restrictions on content (number of songs by a particular artist or 
>>from a particular album).  I hear people saying that the FCC rules and 
>>licensing rules don't matter, but I'm not willing to take that chance.  Do 
>>you want WRFU to lose its license to broadcast if someone decides to get 
>>legalistic on us?  If someone gives us the money and we can stream, fine, 
>>but if I have content that is not allowed, as I certainly will, I'll just 
>>turn the stream off during my program.  I trust we will at least have that 
>>option.
>>
>>--Phil
>>
>>
>
>WORT in Madison has had many discussions about streamiong - echoing all the 
>points that have been raised on this list so far.  We, too, are concerned 
>about what it does to localism when you stream world wide. We, too, have 
>great concerns over the content restrictions of the DMCA. Our licensing 
>costs, thankfully, are covered by CPB.  There are deals for smaller 
>stations on fees - Ginny at NFCB would have details.
>
>What we decided to do (in response to great listener demand - not just 
>people who had moved from Madison, but people who could not receive our 
>signal *in town* because they work in large concrete office bldgs) is, at 
>least for now, stream only our News & Public Affairs shows.  Later we will 
>add music.
>
>Local talk programs can be streamed with much less bandwidth (64k mono 
>sounds great) and it doesn't run afoul of the DMCA.  We also drafted a 
>policy to allow *any* programmer to turn off the stream for a portion, a 
>whole show, or their program completely.  I have pasted the text below.  
>Hope this is useful, Norm.
>
>======
>
>Addition to Volunteer Handbook - 1-10-05 [as amended and passed by BoD 
>5-25-05] This should go on current page 16 after "Broadcasting & Copyright" 
>and before "EAS tests" -
>
>SPECIFIC REGULATIONS PERTAINING TO WEBCASTING
>
>In addition to regulations governing broadcasting on WORT, if your program 
>is being streamed live or archived on the internet, additional regulations 
>apply.  Many of these stem from the "Digital Millenium Copyright Act" or 
>DMCA.  Some of these are detailed below.
>
>The WORT Board of Directors have determined that any programmer may choose 
>to not have their program streamed live. This applies to an entire program, 
>an individual show, or a portion of an individual show. Programmers are 
>given the ability to "turn off the switch" that routes their program's 
>audio to the streaming server. If a programmer chooses to allow their 
>program to be streamed, they MUST abide by the regulations below. Failure 
>to do so will result in disciplinary action.
>
>The DMCA governs some choices in program content. If a music show is being 
>streamed live, no more than three songs by the same artist, or four songs 
>from a boxed set may be played during a three hour period (this includes 
>times that may fall before or after your show). Bootlegs may never be 
>played.
>
>The DMCA requires special record keeping. If a program is being streamed 
>live, the programmer must type or upload their playlist into the computer 
>provided in the studio in order to have the song title, artist & label 
>information available DURING the playing of the work. (In addition, 
>programmers may not pre-announce sets under the DMCA).
>
>If you have any questions regarding the material you plan to use in your 
>show and its appropriateness for webstreaming, please consult the 
>programming staff BEFORE you go on the air.  Failure to comply with the 
>DMCA could cause WORT to lose its ability to webcast and will expose WORT 
>to substantial legal and financial liability.
>
>The programmer ending their airshift is responsible for informing the 
>host/engineer of the next show whether or not the streaming switch is 
>turned on, and ascertaining whether it should be left on when they conclude 
>their show.