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

[Norman Stockwell]

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.