Hosting your station from a Non-Major country to avoid excessive licensing fees ?

Mr. Smith

New Member
I've run a small online station for several years, it's a niche genre that will never attract mainstream attention. It runs free of advertisements, it is known in it's music community and has bands from all over the world sending in their albums (both digital and mailing in physical goods).

The bands want the attention and exposure, I have never had a band or label ask to have their music removed. When a band sends me an album, I play a song, they go right to their facebook and say -how cool, this station just played our song, go check them out - Many bands are true garage and basement bands, their music is not registered with any music licensing company. They are not on pandora or any other big name streaming service. Also, some artists are outside the US and some bands / artists are no longer together or even alive, with music on the station going back 50 years.

Therefor I have never paid licensing fees, first they are not reasonable. My station basically has no income and runs at a loss each month. A few listeners have asked to send in donations, but that still does not cover one month's expenses. Paying hundreds of dollars of licensing fees per month is not an option. I could full my stream with ads, but that would ruin it. Second, I believe many of the artists are not registered with these US music licensing companies, so they would not receive any of the money owed to them anyway.

And maybe 50% of my total listeners are outside the US, I am actually suppose to be paying each countries local licensing groups for songs played in their country. Playing into 30+ countries per month this is not realistic, the solution would be to block my stream from other countries, but that is stupid. But it is actually fairly difficult for a foreign business to collect money from someone in another country, so I'm not worried about that.

My questions: Has anyone else ran unlicensed, if so were they ever 'caught' and what were they told. Something like start paying or shut down, and what was your response ?

Then, since these laws only apply to US broadcasters, if someone moved to a full virtual dj overseas, to a country with no similar licensing restrictions, would they then be free to broadcast unhindered ?
 
Therefor I have never paid licensing fees, first they are not reasonable. My station basically has no income and runs at a loss each month. A few listeners have asked to send in donations, but that still does not cover one month's expenses. Paying hundreds of dollars of licensing fees per month is not an option. I could full my stream with ads, but that would ruin it. Second, I believe many of the artists are not registered with these US music licensing companies, so they would not receive any of the money owed to them anyway.

reminds me of when I was helping out at a first generation UK community radio station in late 1990s (me and my mates supplied underground EDM for the evenings, the daytime was normal mainstream pop-based radio). this was when EDM DJ's used viny gramophone records rather than computers, so tracklists and metadata weren't automatically generated.

I telephoned PRS/PPL in London and gave them the list of labels our DJ's usually played - the young lad at the other end simply said "never heard of them mate, don't worry about it as we are really only interested in the daytime content".

My current (rather low profile and needs some update) EDM station plays mosty pre-recorded DJ mixes from various parts of Europe. it is more an experimental/hobby project which I update when I get spare time and the motivation to do so (I have a day job dealing with complex IT systems for healthcare which takes up a lot of time and energy).

The playout server is in one EU country whilst the stream is in another, a transcoder is in a third country. I've tried to register for copyright compliance in all 3 countries (though it should only be required in one of them) and none of the companies want the business as I'm a "foreign" broadcaster in all of them; even though you are supposed to be able to do business in any EU country without barriers.

I've never had any trouble though; though another factor might be that most EU copyright authorities have rules that make 99% of EDM DJ mixes non compliant as they can contain more than 3 tracks from the same artist (who is often also the DJ and producer). Also with DJ sets its not so easy to add the metadata that would make each individual track appear on the display at the right time!

I am not a legal eagle but I think that a radio station comes under the domestic legisation of where the server and playout are situated so if you hosted your station and playout in Europe you would become a European broadcaster. There is a slight risk that some lawyer types might order the stream to be geoblocked in the USA although there could be ways round that; and I am not sure if they have the resources to monitor every stream; they are not the NSA or GCHQ...
 
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