ASCAP/BMI Licensing... Are there any lines of legality?

[jmack]

Hello Again,

I have a question regarding ASCAP/BMI licensing.. .the answer I keep getting from ASCAP is BS... they freak out when I say "podcast" or "Internet" so Im hoping someone here would have an answer.

On our show for hoodhype.com we feature interviews with some mainstream artists that will almost always be registered through ASCAP/BMI. My question is, can we legally play instrumentals to their latest track and maybe play a 10-20 second clip of their single after an interview...without obtaining a license?

To me it seems insane to have to pay $300 a year and a pay per play fee when we arent even making the song in its entirety available in ANY way.

So my question is can we legally do this? or MUST we get the **** license?

[X Pat Radio]

I think you probably have to buy the licence.

[roadrageradio]

Hello Again,

I have a question regarding ASCAP/BMI licensing.. .the answer I keep getting from ASCAP is BS... they freak out when I say "podcast" or "Internet" so Im hoping someone here would have an answer.

On our show for hoodhype.com we feature interviews with some mainstream artists that will almost always be registered through ASCAP/BMI. My question is, can we legally play instrumentals to their latest track and maybe play a 10-20 second clip of their single after an interview...without obtaining a license?

To me it seems insane to have to pay $300 a year and a pay per play fee when we arent even making the song in its entirety available in ANY way.

So my question is can we legally do this? or MUST we get the d*mn license?

You're right: it is insane and you're also right that you have to pay.

The BMI/ASCAP fees go to the composer -- not the performer or the record label. For many of them it is their only source of income from their writing.

The mechanical and master license fees for internet use are truly bizarre in that they are treating you as if you were selling CDs containing the songs. Those fees go to the record labels, by the way.

The original performer gets nada, unless they own some of the rights, and most artists don't.

You can thank Congress for including internet posting as a form of mechanical reproduction.

[ElNacho]

you could ask alll the owners of the music (artist, label, whatevs) for permission. but if u dont have permission, then its either buy a liscense or dont play

[cc_chapman]

So my question is can we legally do this? or MUST we get the d*mn license?

The only way to play BMI/ASCAP music completely legally is to license it.

BMI has their license. Or you could go to all the rights holders and get them to give you a unique license, but of course this would have to be done on a song by song basis. NOT fun.

[womengrow]

Also check out Brian Ibbott's post (http://www.podcastalley.com/forum/viewtopic.php?t=106) (host of Coverville (http://www.coverville.com)) were he goes into great detail about the licensing he had to go through for his show.