Shoutcast server question

Hey everyone,

I just got this email from HD (HostingDepartment.net) and I am just wondering if there is any truth to the matter.

Due to changes in our policies we have to verify some details. All new & hosted shoutcast services will need to provide a license. This is required by law. Any new & current shoutcast accounts must now have a radio/streaming license to stream music on our servers. All shoutcast services will now be suspended until this is verified. You can email your license details to: license@hdshoutcast.com.

If these details are not sent within 72 hours any shoutcast account which hasn't been verified will be removed.

Streaming music without a license is breaking the law & carries a maximum fine of $10000.

Regards

John King

Head Of Shoutcast Services (HD, HDS)

But what if the music is your own? Do you still need a license? And are HD alowed to suspend your shoutcast if you don't provide one because you are only streaming your own music? What if your not streaming music at all? And it's a chat show?

I am honestly unsure of what license he is speaking of. Doing a search for Shoutcast License/licensing doesn't really provide anything.

Wish I could help more, but we don't deal in Shoutcast services.

I've heard about this, it may not be a lie. I have several clients buying licences because of this "rumor". I haven't heard nothing official yet, so I can't suspend any account over this

But what if the music is your own? Do you still need a license? And are HD alowed to suspend your shoutcast if you don't provide one because you are only streaming your own music? What if your not streaming music at all? And it's a chat show?
You'd have to take that one up with them. I d on't see why you'd need a "license" to stream your own original content though.

Yes I have heard about it also, you need to get one from a company like loudcity.net

Hi

This is true, streaming music without a license is an offence, you have to pay royalties to the artists, its the same with radio stations (FM, AM etc etc, key 103 etc etc lol). This can cost though, the cheapest provider is: http://www.loudcity.net.

*Most* of HD Shoutcast clients don't have a license, same with HDs shoutcast clients, now we require them *BY LAW*, this keeps us protected & also the client to operate a legal radio station. We wont accept any shoutcast order (s) that don't have a license to stream.

@Bruce, that is fine, a new email was sent about that, the above email was regards to a policy change mainly which was sent to all clients as we have to let clients know if we change our terms.

@HS, we had to suspend to find which streams were the chat shows, which was the stations that played there own music, once they had been filtered they were back online, we are still reviewing some streams though. Basically this started when a record company contacted us regards to one of our clients, I cant post detail on this due to privacy reasons but we acted & this is the result.

I have not had to deal with this because I do not offer shoutcast servers. But I am curious what country or countries have this law?

Any non-Third World countries (for lack of a better term) have some form of this law.

I can't speak for the UK, but I know in the US the current royalty fee rate is ~7 cents per-song/per-listener.

Any non-Third World countries (for lack of a better term) have some form of this law.

I can't speak for the UK, but I know in the US the current royalty fee rate is ~7 cents per-song/per-listener.

Excuse me, I'm in a "Third World" Country and we have laws that punish Online Radios with no licence. I had a friend to had to buy a licence for his readio because of this law.

We're not that retarded :tired2:

Like I said, "for lack of a better term". If you have a better term you're more than welcome to share it. :p

It's not a fact that this is true for [i]all[i/] Third World countries, but most are not nearly as strict when it comes to piracy/copyright laws and such.

Well, I think that's a very strong argument for someone that doesn't live in a Third World Country (I think). I've seen people selling pirate CDs, DVDs, Toys, etc. being arrested hundreds of times. I think that most of this countries are making the attempt to stop piracy, but that is not shown in statistics and in the news.

Well; I am unaware of any UK laws. It would be nice to get Craigs responce on the matter.

On the US law; are there any fee's or license involved if it's only a chat show or the music is your own?

On the US law; are there any fee's or license involved if it's only a chat show or the music is your own?No. If it's your own content you're free to do with it as you like.

A license would only apply if you intend to play any commerically available music.

No. If it's your own content you're free to do with it as you like.

A license would only apply if you intend to play any commerically available music.

So why the hell have they suspended EVERY shoutcast account...?

So why the hell have they suspended EVERY shoutcast account...?

If you read my reply ^^ you will understand, that question has already been answered.

I assume hosting department will be sending a refund for this months hosting for every account that they cancel, else I mayself would believe it to be border line scam.

note: I have interest in this thread myself do to reselling for them for shoutcast.

Even if there terms say no refunds whos to say they wont change the terms tomorrow for shared/resellers accounts to supply a valid credit card or something to order and rest are deleted and keep all the profit.

Maybe I read it wrong but I seem to recall hdshoutcast.com advertising no licence was needed.

This was there mistake not there clients mistake.

Hello

How is this a scam, you need a license anywayif your streaming copyrighted music, law requires this.

We NEVER stated that a license isnt needed to stream.

If you want to use our service you need a license unless its your own music or talkshow, if not you need a license otherwise its not a legal station. As you are a reseller its up to you to contact your clients to find this out, 95% of our shoutcast clients have provided this as they understand our service is good & there willing to pay to go legal to continue.

Some refunds will be issued depending on when the stream was setup, otherwise as stated, no refunds.

It is definitely not a scam, I won't add anything other than what Craig said ^^

HostingDepartment -- as with any host I'm sure would much rather see the clients getting licensed so that they will continue their subscriptions. Otherwise, do you think they make money with a bunch of suspended accounts? Put a little thought into it before screaming scam.

Otherwise, do you think they make money with a bunch of suspended accounts? Put a little thought into it before screaming scam.


Yes. All clients paid for the month, and hostingdepartment got payment for the whole month.

But not to worry; This has been sorted now.

any offshore shoutcast host here ? soon i m going to start a radio station and i also not have any licence if u know how to get a licence then let me know

You can get a license at http://loudcity.net

Good luck!

You don't "need" a license to stream music, it's just if the RIAA asks you to stop streaming music, if they find out, you would have to stop and buy a license. But in the shoutcast TOS, it does not specifically say you need a license. Also if your shoutcast server is private you wouldnn't need a license. Furthmore, peer to peer in Canada is legal, so streaming would be just as legal. I'd reccomend all of HD's clients go to a shoutcast host who won't force them to have one of these licenses. However, to cover your own back, a license would be reccomended of course. I was under the impression in the past that it was legal to stream these songs as long as you didn't play the same artist more than 3 times in 3 hours.

You don't "need" a license to stream music, it's just if the RIAA asks you to stop streaming music, if they find out, you would have to stop and buy a license.

So a license is required, you just contradicted yourself there. We have had legal advice on this & a license is required, royalties have to be paid unless its your own music.

Furthmore, peer to peer in Canada is legal, so streaming would be just as legal.

Our shoutcast servers are US based & must follow US laws, it doesn't matter where your based, the music is being streamed in the US on a US IP address in a US datacenter.

I'd reccomend all of HD's clients go to a shoutcast host who won't force them to have one of these licenses.

Again, its required by law, most of our shoutcast clients have obtained a license due to our great service, those who haven't obtained a license are breaking the law & we uphold the law.

Point taken, I could defend myself without saying anything illegal.

Peace

So a license is required, you just contradicted yourself there. We have had legal advice on this & a license is required, royalties have to be paid unless its your own music.
Legal advice from whom?

Legal advice from whom?

From our advisers who contacted such companies as ASCAP (American Society of Composers and Performers) and BMI (Broadcast Musicians Incorporated), Mechanical Copyright Protection Society, Copyright Advice & Anti-Piracy plus others.

This thread is going way off topic!.

The license issue with us has been sorted so I see no need to continue discussing this unless you have any further questions directly regards
too music licenses, we would recommend you consult a Lawyer.

I resell SC servers. Am I required to make sure all stations under on my servers have a license?

Isn't it the stations job to license them selfs.

Baiscly I don't care if they do or don't, but I don't want to get sued over one of my users stations.

I always assumed that they are responsable for thier own content.

The server isn't really mine either.

I'm just a reseller.

Who does the blame fall on?

The users, the reseller or the server owner?



I'd think a well worded TOS would cover my ---. What do you all think?

Well; I am unaware of any UK laws. It would be nice to get Craigs responce on the matter.

On the US law; are there any fee's or license involved if it's only a chat show or the music is your own?
I know for a fact that the UK licences are a total rip off and way too expensive.

ROb

I know for a fact that the UK licences are a total rip off and way too expensive.

ROb

Everything in the UK is...

That's UK for you..

Everything in the UK is...

I find that very annoying. Or how about everything in the USA is too cheap more like? And how about that George Bush of yours? Well I don't want to get into a flame-war.

If you actually compare prices with currency-conversion, you'll find that most things are average priced.

Any non-Third World countries (for lack of a better term) have some form of this law.

I can't speak for the UK, but I know in the US the current royalty fee rate is ~7 cents per-song/per-listener.

WTH
Thats lame another attack from the US to screw up online communitys
Im guessing ill be moving my servers out of the US soon enough :P

You could get passed this law tho.

By banning illegal streaming of music then if it happens it falls on back on to the client.

With Being a radio broadcaster, it is true that you need a license for public broadcast of music, a lot of the times the fees will be in relation to how much comercially your station makes. Techically it should be enforced in all countried because copyright infringement is copyright infringement, no matter what. So it is true that a license is required, there are many providers of these, but be careful to amke sure they are real, and what record lables they actually cover. You don't need a license if you created the music, or if it is a talk show.