Home page Net Loss : the New Pirate Radio? Voice your opinions    
  Mike's home   Why broadcast on the web? Can Net only radio really work? What makes net radio different? Is net radio the new pirate radio?      
 
 

 
Is webcasting the new pirate radio?

"You can find a radio station that covers pretty much anything you want online now, it's not so easy to do that with a traditional radio set - you're limited in terms of broadcast licences by the government. From that point of view it allows an underground of radio networks to set up, where previously they'd have had to do that illegally with pirate radio," says Imperial Order webcaster Dave Derbyshire.

Iain McLeod, a designer of Peer 2 Peer software has honed in on these sentiments, marketing his 'Streamer' as 'Pirate radio for the Digital Age." McLeod explains: "Pirate radio not meaning the definition that the record companies seem to put on it - the piracy I'm talking about is the kind of unlicensed broadcasting which used to be done from the top of a block of flats."

However London Live and Direct's Charles Smith is unconvinced: "It's not the new pirate - pirate radio always will be there and even if it did die, eventually Internet Radio is gonna be legislated so the government will get their piece, the artists get theirs - even as we speak its getting commercialised."

Eezee-E of Interface (aka pirate-radio.org) sees it differently: "Being a pirate radio station, even now we're online and aren't breaching any airwaves anymore - but we are truly cyber pirates because we have DJ's from all round the world, bedroom DJs or famous DJs. They beam up their streams to our server and we relay them to the whole world and we still got a worldwide audience."

"We are ready for the next step - that being software and media that they can't control and can't track down, if these laws come in place," continues Eezee-E.

'Marcus' from irational.org (spelt wrong on purpose) is a from the old school of pirates and is unconvinced: "It kind of assumes everyone has computers and a broadband connection, realistically. So then you start thinking of hybrid approaches where you kinda stream to a transmitter. There was another Irational project which was the other way around - there was a scanner in central London which scans the FM band, picks up a pirate station and streams it onto the web, so if you don't have the benefit of living in central London you can still pick them up."

 
 
  Royalties - Models of Confusion?  
 

"Music royalties everywhere in the world are a major stumbling block - in America broadcast radio aren't used to paying royalties and they've been asked to pay online . In UK we are in a rather more enlightened framework, but it really comes down to the fact that there isn't actually a blanket deal yet for Internet radio," says Virgin's James Cridland.

Recent legislation to licence webcasters in America caused outrage over its imposition of charges irrespective of who the broadcaster was, and backdating them to 1998. "The record labels could very reasonably request that webcasters cease and desist or threaten legal action. That had a huge impact in the US when they introduced the CARP bill - about half of the Internet stations at the time just shut down because they were scared of being retrospectively billed," says Gavin Starks of IWA Europe.

The more recent Small Webcasters Settlement Act seems to offer a more level playing field in USA. "What I think it does is it buys a little time until perhaps some other developments happen in the industry which would lead to an environment where a viable licensing agreement would be more of a reality," says RAIN editor Paul Maloney.

Steve Johnston of the Association if Independent Music (AIM) adds: "There's a political dimension to what happened in the US as well, in fact a lot of the major broadcasters were quite okay with the fact the rates were on the high side because it meant there would be less competition."

In the UK the PRS/MCPS collect on behalf of artists, while the PPL collects for performance rights.

"The licence charge for PRS is based on net broadcasting revenue, and there are various bandings depending on the kinds of revenue that the broadcaster would bring in. There is a minimum yearly charge which means that for webcasters that aren't bringing in a revenue they'd pay £1080/year. There is a charge also to MCPS of £250 a quarter," says Adrian Crookes of PRS/MCPS.

Dominic McGonigal of PPL explains their position toward webcasters: "They'll need a licence because its use of copyright, but at the moment the PPL doesn't have the webcasting rights, only the simulcasting rights, so an Internet station in the UK would need to go direct to the record companies."

However, the independent labels in the UK have made it possible to webcast their records by dealing with AIM. Steve Johnston says: "AIM can give a UK Internet station for an annual fee of about £1000 the right to play unlimited streams of our music."

DJ Demon D of Selecta highlights the confusion felt by some webcasters: "Copyright was an issue we were worried about. One reason we chose Live365 is that they broadcast from America and they have a deal with the American bodies that covers us. The difficulty in UK, if your webstream originates from the UK, is that there isn't really any type of law or licensing."

The PPL's McGonigal is hopeful this will soon change: "We are in discussion with all 3000 record companies and overseas societies to put in place global arrangements for webcasting. We hope to come to some agreement within the next few months and then we'll be able to issue wecasting licences."

"In a lot of ways America leads as far as they pass a law like the DMCA and then other countries follow suit. I hope its not like that," offers Paul Maloney of RAIN. However the PPL's plans suggest that it is: "All of our existing tariffs are based on usage and value of rights being exercised, so I'd imagine we'd put in similar tariffs in webcasting - it makes sense to apply similar arrangements in the UK as exist in other similar territories," says McGonigal.

Some webcasters are not too bothered anyhow, as Interface's Eezee-E shows: "In general our policy is: we are pirates, we play what and how we want, and playing music when you are meant to pay royalties also works in the other direction. We think from every tune we play the artist benefits from the airplay." He also maintains that they are producing their own 'new' content by mixing records together.

Bristol Broadband Collective's Tony Gosling agrees: "We need to ask the artists. Sod the PPL or whoever, if the artists are up for it."

"If the composers decide that they want to place their music for free on a website then that is their choice to do so, the important thing is that they should have that choice," is the line from Adrian Crookes from PRS.

However, record label boss Andy Jarrod of 3-Beat is less happy: "It's a loss of publishing rights and a loss of royalty rights," - although he acknowledges that the promotion is good.

The future of these issues remains rather unclear. "I don't think we'll ever get to the point when we have to pay royalties on every tune we play and keep a list, because there are too many net radios out there," opines Charles from LLD.

Eezee-E is not hopeful though: "We approached the copyright people two years ago in London and they basically didn't have a clue how to control all this, or what we should pay."

As the BBC's Torin Douglas sums it up succinctly: "It is very murky. There is obviously a happy medium, but we've not found it yet."

 
 
 
   
 
 
 

related links

 
 
Radio is My Bomb - pirate radio bible
 
 
Radio Caroline- the original pirate radio, now online
 
   
   
   

 

 
 
An investigation by Michael Bickett, MA Multi-Media Journalism. © 2003
 
       
   
Mike's homepage
   
 
Home
   
Motives
Viability
Edge
Pirates
Future
   
React