Feeds

The podcasting rule book

Licensing scheme launched

5 things you didn’t know about cloud backup

The Mechanical-Copyright Protection Society and the Performing Right Society have launched a licensing scheme for music podcasters. The MCPS and PRS plan to assess the operation of the licence and update the scheme early next year.

Podcasting is the creation of audio (or video) content for download to a mobile device or computer for an audience to listen to where and when they want to. According to Steve Porter, MD of the MCPS-PRS Alliance, the medium has exploded into life over the last six months.

"It has quickly moved from the efforts of a few hobbyists into an accepted method of distributing content," he said. "We are introducing this licence as quickly as possible to enable music podcasters to trade legitimately over the next year."

The licence will allow podcasters to use the global repertoire of musical works represented by the alliance - some 10m musical works - by granting the necessary writer/publisher permissions for inclusion of their works within the podcast.

The royalty rate for the scheme will be the greater of 12 per cent of gross revenue or the minimum fee per track downloaded as part of the podcast: full-track 1.5p; half-track (less than 50 per cent by duration) 0.75p.

Under the scheme, where podcasters do not use digital rights management technology on their podcasts, they will have to comply with certain conditions.

In particular, the podcaster will be required to:

  • obscure at least 10 seconds at the beginning and end of each individual track played in a podcast with speech or a station ID;
  • deliver podcasts only in their entirety, not individual tracks or portions of a podcast;
  • ensure that music constitutes no more than 80 per cent of the total length of any programme;
  • ensure that the podcast is at least 15 minutes in length; and
  • take all reasonable steps to ensure that individual tracks within a podcast are not capable of being ripped and that metadata or other information or data transmitted or downloaded by the podcaster is not used to identify recordings for download from unauthorised databases or sites.

Podcasters will also be obliged not to:

  • produce podcasts that contain recordings from a single artist or that have more than 30 per cent of the musical works written by the same composer or writing partnership;
  • play any individual track more than once in any single programme;
  • provide an electronic guide to the podcast which contains tracks played and corresponding times;
  • insert any flags or other markers in the podcast which may directly indicate or which may be used to indirectly infer the start and end point of tracks or segments of copyright content;
  • incorporate repertoire works into advertising; or
  • use the repertoire in such a way as may be taken to imply that any goods or services are endorsed, advertised or associated with the repertoire or any artist whose performance is contained on the repertoire or any other party who owns rights in connection with the repertoire.

The alliance is also providing cover for podcasts that generate low levels of revenue and usage, by incorporating the medium into an update of its Limited Online Exploitation Licence (LOEL) - due to be launched in the second quarter of 2006.

Non-music podcasts (e.g. predominantly speech with very little music) will be licensed under a new on-demand scheme for non-music services, which is being prepared for launch at the end of April 2006.

The podcast licence is not the first of its kind. AIM, the UK's Association of Independent Music, launched a trial of its own version of the licence back in December.

Copyright © 2006, OUT-LAW.com

OUT-LAW.COM is part of international law firm Pinsent Masons.

Secure remote control for conventional and virtual desktops

More from The Register

next story
6 Obvious Reasons Why Facebook Will Ban This Article (Thank God)
Clampdown on clickbait ... and El Reg is OK with this
No, thank you. I will not code for the Caliphate
Some assignments, even the Bongster decline must
Kaspersky backpedals on 'done nothing wrong, nothing to fear' blather
Founder (and internet passport fan) now says privacy is precious
TROLL SLAYER Google grabs $1.3 MEEELLION in patent counter-suit
Chocolate Factory hits back at firm for suing customers
Mozilla's 'Tiles' ads debut in new Firefox nightlies
You can try turning them off and on again
Sit tight, fanbois. Apple's '$400' wearable release slips into early 2015
Sources: time to put in plenty of clock-watching for' iWatch
Facebook to let stalkers unearth buried posts with mobe search
Prepare to HAUNT your pal's back catalogue
prev story

Whitepapers

Endpoint data privacy in the cloud is easier than you think
Innovations in encryption and storage resolve issues of data privacy and key requirements for companies to look for in a solution.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Advanced data protection for your virtualized environments
Find a natural fit for optimizing protection for the often resource-constrained data protection process found in virtual environments.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.
Next gen security for virtualised datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.