Monday, February 18, 2002

DMCA Basic Webcast Rules

The Rules

The following is a partial list of the rules with which Live365's Internet broadcasters must comply under portions of the Digital Millennium Copyright Act, 17 U.S.C. ß 114, given the nature of the licenses Live365 has obtained from the owners of the copyrights in sound recordings. Please note these licenses only cover personal broadcasters and do not necessarily cover PRO broadcasters on Live365. We have abbreviated these rules to include only those that likely would be relevant given the manner in which you are able to use the Live365 system. The relevant rules which you must carefully review are as follows:
  1. Your program must not be part of an "interactive service." For your purposes, this means that you cannot perform sound recordings within one hour of a request by a listener or at a time designated by the listener.
  2. In any three-hour period, you should not intentionally program more than three songs (and not more than two songs in a row) from the same recording; youshould not intentionally program more than four songs (and not more than three songs in a row) from the same recording artist or anthology/box set.
  3. Continuous looped programs may not be less than three hours long.
  4. Rebroadcasts of programs may be performed at scheduled times as follows:
    • Programs of less than one-hour: no more than three times in a two-week period;
    • Programs longer than one hour: no more than four times in any two-week period.
  5. You should not publish advance program guides or use other means to pre-announce when particular sound recordings will be played.
  6. You should only broadcast sound recordings that are authorized for performance in the United States.
  7. You should pass through (and not disable or remove) identification or technological protection information included in the sound recording (if any).

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