Here we will explain the procedure for broadcasting music (including BGM) on Internet Radio.
This is very important, and if you wish to broadcast music on Buttobi-Wave, please make sure to read it.
If you dislike reading,
please refer to "Mr. Buttobi's Net Radio Music Copyright Lesson".
Although it is a shortened version, it should give an understand of the main points.
What's Music Copyright?
What is copyright in the first place?
To put it simply, it is a right to protect people who produce things such a music, and prevent their own work from being copied or used without their permission.
Copyright exists for any type of piece of creation, not just music.
This "copyrighted music", can be freely listened to, sung, or performed for personal enjoyment, but doing this is the public space that is the Internet, immediately violates copyright, and you become guilty of having "used someone's work (music) without their permission".
(In reality there is a heavy punishment.)
However, if it is a song that you completely made yourself, all the way down to songwriting, the problem of copyright is cleared, and you can broadcast it on Internet Radio without any fear. (Excluding when registered for copyright collection with copyright collection agencies such as JASRAC.)
So, what should you do if you want to use commercial CDs and so forth on Internet Radio?
Get a license to use the song from the copyright holder
Firstly, if using a song that is available for general sale, such as on a commercial CD, in a capacity that exceeds the boundaries of personal use (in this case broadcast on Internet Radio), you will have to pay a usage fee for the song.
(Copyright fees will be paid all together to the agency managing copyright collection is managed by, such as JASRAC.)
However, in addition to this, the record company who holds the copyright, and the musician, will have to be negotiated with separately, and consent for the rights will have to be obtained separately. This can be difficult.
There are various different types of rights, and one of them is called "right of making transmittable".
The definition of this right includes "copyright" (the right the creator holds) and "related copyright" (the right the record company or similar holds), and put simply is the "right that prevents the song from being made accessible on the Internet".
This "right of making transmittable" is held by the record company and the musician (the person who wrote the song, performed the song, and so forth; all people directly related to creating the song), and so if a third party (here the net radio broadcaster) wants to play the song on net radio they first must obtain consent from the "copyright" holder and the "related copyright" holder (record company, producer or musician themselves, etc), and in addition must also get consent from the agency responsible for the song's copyright (eg. JASRAC).
However, as obtaining consent from record companies and musicians is difficult, permission for non-private use of commercially available songs is difficult to obtain. Record companies, producers, and professional musicians rarely grant permission for use of music to individuals. It is probably accurate to say that it is effectively near impossible. (Although there are of course exceptions, as the procedure as mentioned above is very troublesome, and will incur various costs, it is not really recommended.)
So, can't you play music on Internet Radio?
What songs can I use on Internet Radio?
You may be thinking "What, I can only play songs I made completely by myself...?", but this is not true. In short,
can all be freely used.
Amateur musicians rarely have copyright managed by copyright collection agencies, and as there are many cases where they are doing all the work independently, it tends to be easy to obtain consent. If when surfing the Internet you discover an amateur musician publishing great music, please try asking if they will let you use their songs.
Lots of copyright-free songs can also be founded be searching on the Internet. Although the copyright for these generally has not been renunciated (it belongs to the composer), in many cases there are no particular restrictions on use, and these kind of songs can be broadcast on Internet Radio with no problems. (Of course, this depends on the conditions, so please make sure to look over the terms and conditions/Terms of Service of the site offering it thoroughly.)
The sound effects and BGM included in the "Buttobi-Wave DJ" broadcasting tool offered by Buttobi-Wave count as "copyright free music". You can use them at full value during broadcasting. (However, use outside of Internet Radio is not permitted, please make sure to only use them on Internet Radio broadcasts.)
Follow the rules and make enjoyable Internet Radio broadcasts
You may be simply thinking "no one's going to find out, it'll be fine playing a CD from a popular artist from abroad".
However, although you may be lucky and not be found out, there is also a large chance that you may be found out, sued, and have to go to court.
Using people's songs without permission is the same as stealing.
There are heavy punishments for infringing copyright.
In the Japanese Copyright Act, if a copyright is infringed upon,
there is a provisional penalty of "up to five years jail time,
or a fine of up to 5,000,000 JPY" (January 2005 revised), and
the copyright holder also has the right to demand injunction and
claim for damages related to the infringement of copyright.
Please make sure to refrain from using songs that infringe upon any copyrights.
Please follow the rules and enjoy making Internet Radio broadcasts that
anyone can listen to without worry.
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