Rik Lambers at CoCo reports that “The Dutch collection organisation for composers, lyricists and music publishers, BUMA/STEMRA has come up with licensing rates for podcasting.

The contracts have not been written yet, but the rules are defined as of now.

What I would like to know is: what is the jurisdiction of such contracts? The location where the podcast (and thus the music) is being played can be anywhere in the world. The hosting does not have to be in The Netherlands either. What counts? Where the show was recorded?

Will Podcasters just be able to shop for the Country with the lowest/ most favorable licensing?

Original article (In Dutch).


Comments

Author: clicclic
Date: 2005-08-13 06:05:05

Aren’t podcasts usually low bitrate (low quality)? Who listens to music through a 16kbps mp3 file? Okay, 64kbps… but still!

Most podcasts are chit chat, not muzak. Do the Dutch lawyers have too much time on their hands? It would seem so…

Author: David Russell
Date: 2005-07-21 23:39:49

It’s a tricky one- especially if your webhost is not in the same country that you actually make the podcast in (the way that, for UNlicensed stuff like mp3 downloads people can be sued either in their own country or in the country their webhosts are based in). It would probably be based on what country the transmissions are from (ie the country you live in). I’m not an expert in Dutch or any other form of law though, these are just not-very-educated guesses.

Author: Hugo
Date: 2005-08-13 17:47:27

The point is that existing rules, regulations and systems for paying the artists are being adapted for Podcasts and other new distribution channels. These rules apply to any (copyrighted) content, not just music. There are many podcasts that focus on music. Podcasts can be made at any quality that the producer wants. The issue with higher quality podcasts is bandwidth costs for the podcaster. That is the current hot issue with podcasting but it will be solved eventually.