Webcasting Display Requirements

Last Updated on October 29, 2008 by Will R

17 USC 114 (d)(2)(c)(ix) specifies that “the transmitting entity identifies in textual data the sound recording during, but not before, the time it is performed, including the title of the sound recording, the title of the phonorecord embodying such sound recording, if any, and the featured recording artist, in a manner to permit it to be displayed to the transmission recipient by the device or technology intended for receiving the service provided by the transmitting entity”.

In summary, your station is required to display the artist, song title and album (if any), for each song if your station is webcasting copyrighted music under the statutory license.  Other requirements apply.

Those requirements include, among others, paying the royalty, submitting reports of use(unless eligible for the proxy and the fee is paid), and not exceeding the Sound Recording Performance Compliment Failure to follow these requirements prohibits a station from the use of the statutory license. If a station is prohibited from using the statutory license, it must secure agreements from each and every rights holder to a sound recording before transmitting it on the Internet (or other means of digital transmission, other than via broadcast).