That's just a few. We'll think of others. I'm sure the rest of the gang will chime in too.

Does the music licensing agreement cover anything people find? I know part of what you've done is deal with the royalties in addition to the streaming audio server cost. How do those royalties get accounted for? I mean, I don't really care how the contract is written between the hosing service and the musicians except that I wanted to know if there was any material we are excluded from. Can we send you any request and put whatever we want on the station?

Can you play independent music, from artists not under contract to anyone?

If so, how would that be handled?

Duke

Duke

Do I still have to follow the broadcast licensing guidelines as strictly as stated if I want to create an Internet radio station that contains only my originally created music and my performance of such music?

Ordinarily, you must abide by the rules as stated in our Broadcasting Rules and the Digital Millennium Copyright Act (“DMCA”). However, if you own the copyrights in both the music and in all sound recordings embodying the performance of the music, you would not need to comply with all the rules that would otherwise be applicable.

In addition, you must still abide by our User's Agreement, Terms of Use, and other guidelines set forth by Live365. Please keep in mind that we do require proper documentation from you. If you are an independent Artist and wish to create an Internet radio station featuring your own music, you can do so by forwarding to us written consent from you, as long as you are the sole owner of the copyrights in both the music and in all sound recordings embodying the performance of such music.

If you wish to create an independent Artist Internet radio station that features music owned and/or controlled by you, please send us a notice stating that you are in fact the Artist being featured and that you own all rights in the music and in all sound recordings embodying the performance of such music (and that no third party, including any record company or other party, owns any such rights) on your Internet radio station. Please provide your DJ name and description of your Internet radio station as well so that we may stamp it as an "independent" station.

If, however, you are featuring someone else's music on your Internet radio station on our site, you must forward to us written consent from the Artist and/or Artists, and any third parties involved (including record companies) that own any of the copyrights in the music or in any of the sound recordings embodying the performance of such music. Please send such documentation to the attention of the Live365 Legal Department via facsimile at (650) 345-7494 or forward via U.S. Mail.

The final paragraph seems most applicable in this case.

Would a letter from the (unsigned by any record label) artists stating their full copyright ownership and consenting to your use of their music over ART Radio be sufficient?

Duke

If a musician or group is signed with a record label, we're covered because we pay royalies in a lump sum that are divvied up to pay the respective copyright owners. It's part of the contract. If they're independent, then the way they handle their distribution and licensing is up to them, so if they want to be on the ART playlist, we're good. Either way, I think we're covered.

The way our licensing agreement is written, extra moneys are provided for record companies licensing and royalties in addition to those paid for streaming audio service. Anything that isn't owned by record companies is up to us. For example, if we setup a station that played nothing but indie music and/or recorded material that we own, the we would not have to pay the licensed royalties to ASCAP, BMI and SESAC (via Live365). We could sign a waiver and not pay the licensing fees, and instead just pay for the streaming audio server.

Since we plan to play mostly music, we pay the licensing fees. We also plan to run programs like recordings of seminars at LSAF and things like that. We'd love to play independent artists, and encourage everyone to send in material that they'd like to hear.