[Rfu-barnraising] Proposal for WRFU webcasting

[Phil Stinard]

>From our discussion so far, there seem to be varying ideas about the 
consequences of violating DMCA regulations on webcasting.  I propose that we 
get all of the software and hardware prepared so that we COULD do webcasting 
if we decide to go that route.  I propose that we postpone the decision 
about webcasting music until we have more information about costs and 
regulations, and have hashed out the philosophical issues, and that IF we 
decide to do webcasting in the future, that we strictly abide by the DMCA 
regulations and that individual shows have the option of turning off 
webcasting for their program if they decide that they do not wish to abide 
by the regulations.  If we can webcast news and information programs without 
paying any royalties and without violating any regulations, then webcasting 
remains an option for those kinds of programs.  Andrew, how do you feel 
about this?  Is this something we can decide on at our next meeting?

--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.