Copyright and DCMA Policy
Being an Internet Broadcaster it is often confusing as to what it legal and what is not in terms of playing music online.
Please be aware that this article is written from the perspective of United States law. The spirit of most other national copyright laws is similar that of the U.S, but there are often important differences.
Digital Music Network is an Internet Radio station which is hosted by Radionomy, which offers a no-cost streaming, music licensing and distribution platform for internet radio producers/stations, Radionomy acquires copyright license for its music content through SABAM. It generates revenue to pay royalties and other operating costs by broadcasting up to four minutes per hour of advertising.
As part of their terms and agreements Radionomy specifies that;
- no more than 3 musical pieces from the same album may be transmitted to the same listener within a 3 hours period (and no more than 2 of those musical pieces may be transmitted consecutively within a 3 hours period)
- no more than 4 musical pieces by the same featured artist may be transmitted to the same listener within a 3 hours period (and no more than 3 of by the same featured artist may be transmitted consecutively within a 3 hours period)
As part of our compliance with DCMA laws we will never play the same track more than 1 once in an hour, and offer as detailed in our terms and conditions to respond to infringement of your rights in regard of any of the works we play by ceasing to broadcast them, and if you feel it is an infringment of your copyright you can notify us via e-mail and we will take action immediately (we would ask for proof of this if not immediately apparent).
Responding to infringement of your rights is a manual takedown process. Manual takedowns happen when people submit a report directly to us regarding 'Copyright Infringement'. Anyone can report a copyright infringement if they are the relevant copyright owner, and every report results in the same thing: the reported content is removed from the Digital Music Network while the dispute is resolved.
Why remove the content first? Because that’s how the law works. That’s why all responsible user-generated content platforms operate in this way.
Mistakes can be made, sometimes tracks can get mistakenly identified, and sometimes they get removed when the person submitting them has the right to do so. For these reasons, anyone who has a track removed from the Digital Music Network is notified and has the opportunity to dispute that decision. That is the same for all users, and applies to all blocked or removed tracks. We will try to help resolve disputes as quickly as possible.
If a track gets reported, then that track is removed until the dispute can be resolved. The process is exactly the same whether you’re a bedroom DJ or an A-list artist.
Live streaming and broadcasting an Internet Radio has put unprecedented broadcasting freedom in the hands of more people than ever before. But, to paraphrase an old saying, with great freedom comes great responsibility.
Copyrighted works are protected from online infringement under the Digital Millennium Copyright Act (DMCA). This law, passed in 1998, protects copyright owners from having their material used without permission on the Internet, while also limiting the liability of Internet service providers whose subscribers infringe on copyrighted material.
In the case of Internet broadcasting, that responsibility means knowing the legal issues surrounding content copyright and taking steps to ensure that you comply with copyright law.
This means not using others’ creative works in your broadcast without their permission.
We take copyright seriously because it’s the law. The internet provides amazing opportunities for creators to reach millions of people around the world. Laws such as the Digital Millennium Copyright Act (DMCA) in the US, and other legislation in other countries, have helped enable this. But the existence of these laws doesn’t mean that companies like the Digital Music Network that broadcast music over the Internet, or the people who send us music to play and broadcast, can ignore the rights of copyright owners. Copyright law ensures that copyright owners can control how their work is used – if a copyright owner decides that they don’t want their work appearing on the Digital Music Network, even in a way that others might think is promotional, that’s their right, and we offer them a means to inform of this in our terms and conditions on our website via email to request a manual takedown.
If you think a track played on the Digital Music Network infringes your rights, you can report it to us here.
Further reading and references from articles listed below;