NOTICE: The DDJMS> Digital
DJ Music System™ is RIAA and DMCA
compliant (as best that we can tell) from version 3.7 and up. The rules we have listed below
are built in rules on our system. So, as long as you use The Digital
DJ Music System™, to broadcast with, you should be safe. Please report any compliance issues
to ADEC
Broadcaster agreement:OUR
SITE WILL MAINTAIN A PG13 type Rating. No exceptions. We want everyone to
feel free to listen in! What does this mean to me?
Well... Make sure you edit your content. Our quote "If you can't say it in a PG13 movie
then, you can't play it on DDJAMS.
Our rules are designed to be an attempt to follow the RIAA and
DMCA guidelines. However, you or, your business shall assume ALL responsibility for your
broadcasting actions.
Your program must not be part of an "interactive
service." For your purposes, this means that you cannot perform sound recordings within
one hour (DDJMS compliant) of a request by a listener or at a time designated by the
listener.
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;
you should 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. "Be careful when using the
play list option in the DDJMS. Also, do not use the block party option in the DDJMS for more
than 2 in a row." "Two For Tuesday for example is Okay"
You should not publish advance program guides or use other
means to pre-announce when particular sound recordings will be played. (DDJMS compliant)
You should pass through (and not disable or remove)
identification or technological protection information included in the sound recording (if any).
As a broadcaster, you agree (By downloading and utilizing The
Digital DJ Music System Software and the DDJAMS network) that,
You will NOT broadcast any offensive material or explicit lyrics
contained within recorded music, audio, or live tracks. You will conduct your station is
accordance with standard AIR Broadcast regulations maintained by the FCC. Failure to do so will
result in immediate removal from the network.
The broadcaster accepts full liability for their actions and
equipment used.
Advanced Digital Entertainment Corp. reserves all copyrights on
the DDJAMS Network site. However, Broadcasting of recorded music with their own copyrights are
not currently covered by this site. The Broadcaster is hereby notified that they will assume all
responsibility for their recorded content.
Furthermore, The site may be terminated at any time by ADEC. We
doubt this will ever happen but, Just incase.
ADEC reserves the right to advertise on any of our sites and
software. Send all questions comments and concerns to ADEC.
Legal Commentary about internet broadcasting
Content by Jay Krivanek - shoutclub.com
Is there an FCC?
Yes, but not for webcasting, as of yet there is no group responsible for the use of the internet for
radio.
Why not you may ask? Well it's quite simple, streaming by nature cannot infringe on someone else's
rights, and rights is why the FCC was even formed. Over the air broadcasting is much different from
Internet Radio in that Internet Radio has an almost infinite amount of space for radio (or at least
it will over time). Traditional radio only has a certain number frequencies, and in a given area,
only around 400 separate frequencies are available, this can lead to anarchy, so the FCC claims. It
is true however, because as a broadcaster I can broadcast on top of other frequencies. That would be
like me broadcasting using your IP address, so a governing body was established to issue licenses
and to moderate the use of the "public's" airwaves.
On the Internet none of this is possible, there is almost nothing you can do to force me to listen
to your objectionable material, there is also almost no way for me to stumble across your station on
a drive home (yet). Also the internet is no longer owned by the public (government) it is completely
run by businesses and corporate giants. That means that the government has no say in what I
broadcast over the net, because I am not using their equipment, or public equipment. In reality, I
am not broadcasting at all, I am just sending you an infinitely large file, and you happen to be
opening it while you are downloading it. Which is why there is an argument that if you legislate
streaming, you legislate every aspect of the internet, because video, html, text, binary, or audio,
it's all just packets of data flying around the internet in search of some IP address.
Music
Now before you continue reading, understand that none of the following apply to you if you don't
play music, or if you play music with permission from the artist.
There are some specific issues that many people have been arguing about as far as music goes. With
the recent confrontation with Napster, the RIAA has really taken a blind eye to webcasting on the
internet.
First, who is the RIAA. The RIAA stands for the Recording Industry Association of America. This is
not a government agency. It is a group of major record labels who share monies to fight against
piracy in protection of their interests.
ASCAP and BMI are basically licensing agents for artists, you have to
pay a certain amount of money to them a year in order to play ASCAP or BMI covered labels or
artists. The minimum cost is $250 per agency. These organizations may grant you a temporary license
just for initiating a dialogue with them, check out www.bmi.com
and www.ascap.com for
more.
Does that mean your covered to play anything? No, but you can play a lot of Top 40 type music with
those licenses. If it is questionable you can usually contact the artist or label to find out if
they are covered under the ASCAP or BMI license, if they are not, then you have to ask for
permission, and some artists may ask for compensation, especially if you make money off their music.
DMCA, and what it means to me. (US)
The DMCA
(Digital Millennium Copyright Act) is actually a bill passed into law as an amendment to the
current copyright law. It is to update the 200 year old law with the new Digital Technology taken
into consideration. It makes it against the law to circumvent copyright protection on media. To
webcasters it explicitly makes it against the law to transmit copyrighted works without permission
or use under a statutory license, you can review a summary of the Act here.
This landmark legislation has its origins in the 1996 World
Intellectual Property Organization's Diplomatic conference in Geneva, attended by more than 160
nations. There, two new treaties were negotiated (see International
Law section) that represent the most important overhaul of international copyright law in the
last quarter century. The treaties raise the minimum standards for copyright protection worldwide
and make it easier to fight piracy of American products overseas.
Although U.S. copyright law already met the treaties’ standards,
legislation was needed to meet the treaties’ prohibition of devices used to undermine electronic
"locks." The Digital Millennium Copyright Act (DMCA) (among other things) does just that,
among other things, by prohibiting the manufacture and distribution of devices.
The DMCA law also delineates the responsibilities of Internet service
providers (ISPs) in cases of infringement online. For example, the law formalizes a notice and
takedown procedure between ISPs and copyright owners. It is now clear that when an ISP is aware it
is posting or transmitting infringing content, the ISP must act to remove the infringing works or it
may be liable for any resulting damages.
The DMCA also contains the key agreement reached between the RIAA and
a coalition of webcasters and satellite audio delivery services. This section provides for a
simplified licensing system for digital performances of sound recordings, such as those on the
Internet and through satellite delivery. This part of the DMCA provides a statutory license for
non-interactive non-subscription digital audio services with the primary purpose of entertainment,
if terms of the license are met. Such a statutory licensing scheme guarantees webcasters and
satellite services access to music without obtaining permission from each and every sound recording
copyright owner individually and assures record companies an efficient means to receive compensation
for sound recordings. For information on the specifics of offering DMCA-compliant digital broadcasts
and the terms of the statutory license, see the Webcasting
FAQ section. For information on obtaining a statutory license, see the Licensing
section.
The greatest gains from the DMCA will be realized internationally.
This law is a model for ratification and implementation of the WIPO treaties in other countries,
where protection of sound recordings online is not sufficient. Formal U.S. ratification of the
treaty package moves the worldwide ratification effort closer to the 30 countries that must ratify
the treaties for them to take legal effect.
Finally, this disclaimer is public notice
that Advanced Digital Entertainment Corp Herein ADEC, ADEC subsidiaries or, it's officers will not
be held liable for your actions as a broadcaster. ADEC provides software and listing services only and
does not hold any licenses for the broadcaster.
