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Ask an Abogada Your Burning Questions about Music Licensing

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This is a guest post by Ginny Berson, independent consultant and co-founder of the LPRC. Ginny was part of the Music Licensing webinar organized by the LPRC and the National Foundation of Community Broadcasters (NFCB). Melodie Virtue, a lawyer specializing on music licensing answered questions about music copyright and compliance. Download the presentation or watch the webinar here

You probably didn’t know that you would have to learn copyright law as part of your job as a station manager, program director of music director. Questions about music rights have multiplied and become much more complicated with the advent of streaming and the Digital Millennium Copyright Act (DMCA).

Take a look at these questions, which are among the trickiest and most frequently asked. Can you answer them? Are you sure your answers are correct?  If you have any doubts, we urge you to spend an hour with attorney Melodie Virtue for a webinar on Music Licensing and Copyright, Thursday, October 30, 2 PM Eastern/11 AM Pacific. The day before Halloween. Pretty scary—but not as scary as being out of compliance and having the Music Police on your case.

1. Is it legal for stations/DJs to download music from iTunes or YouTube and broadcast the songs?

2. Is it legal for stations to burn those downloads onto CDs and keep them in our library?

3. It is legal for stations to create CDs of that music and use the CDs as thank you gifts during fund drive?

4. Is it legal for stations/DJs to create compilation discs of recorded and/or downloaded music and use them as thank you gifts?

5. If your station receives a promotional CD from an artist or label, is it legal to make copies so the library always has back-ups?

6. Is it still a violation of the DMCA to stream an entire album by a single artist in one program?  Has anyone ever been prosecuted for doing that?

7. Do you know the difference between podcasting and archiving?

8. Is it legal to use a copyrighted piece of music as a theme song for a program?

9. If your station is not covered by the CPB agreement with SoundExchange, is there any way to get around having to report all the music you stream?

10. If your station is covered by the CPB agreement with SX and you want to add a stream, what do you have to do?

11. If your station is covered by the agreement, how many total streams are covered?

12. If your station produces live music events, and you are already paying BMI for broadcast and streaming rights, do you have to pay another licensing fee for the live events?

If these questions strike a chord, you can’t miss the webinar: Échale un Cinco al Piano: Music Licensing.

About the Presenters

Melodie VirtueMelodie Virtue represents broadcast and online commercial and noncommercial educational radio and television companies before the Federal Communications Commission in Washington, D.C., as well as other federal agencies. Her experience includes proceedings before the FCC dealing with licensing, spectrum auctions, program content, forfeitures and administrative hearings as well as drafting comments on proposed rules that impact her clients’ businesses.


GZBphotocroppedGinny Z. Berson
is an independent consultant working to further justice and community. She is one of the founders of the Latino Public Radio Consortium and served on its Board of Directors. She spent 14 years as the Vice President and Director of Federation Services for NFCB, producing 14 Community Radio Conferences, and answering thousands of questions about music licensing and copyright. She began her life in community radio at KPFA in Berkeley, where she served as Director of Women’s Programming and Program Director, and worked as Senior Producer of Live National Programming for Pacifica.

LPRC Stations

ZLPR+Stations+Map

Listen, browse and connect

2013 Latino Public Radio Station Directory (6th edition)

1

KDNA 91.9 FM LPRC(2)  FacebookIcon
Radio Cadena
Educational, information and music
Spanish
Granger,  WA 98932

KSVR 91.7 FM LPRC(2)  twitter icon  FacebookIcon
Skagit Valley Community Radio
Music and information
Bilingual
Mount Vernon, WA 98273

RADIO CAMPESINA NETWORK LPRC(2)  twitter icon  FacebookIcon
Regional Mexican music and information
Spanish
KRCW 96.5 FM—Pasco, WA 99301


2

KPCN 95.9 FM-LP LPRC(2)  twitter icon  FacebookIcon
Radio Movimiento
News, information, music and local programming
Spanish, Mixteco and Purepecha
Woodburn, OR 97071

KZAS 95.1 FM-LP  twitter icon  FacebookIcon
Radio Tierra
Community news and music
Spanish
Hood River, OR 97031


3

KBBF 89.1 FM  twitter icon  FacebookIcon
Educational, information and news
Bilingual
Santa Rosa, CA 95407

KERU 88.5 FM
Music and community affairs
Spanish

Blythe, CA 92226

RADIO BILINGÜE NETWORK LPRC(2)  twitter icon  FacebookIcon
News, information and music
KHDC 90.9 FM — Salinas, CA 93901
KMPO 88.7 FM — Modesto, CA
KSJV 91.5 FM — Fresno, CA
KTQX 90.1 FM — Bakersfield, CA
KUBO 88.7 FM — El Centro, CA
KVUH 88.5 FM — Laytonville, CA

RADIO CAMPESINA NETWORK LPRC(2)
KMYX 92.5 FM/KBDS 103.9 FM — Bakersfield, CA 93313
KSEA 107.9 FM — Salinas, CA 93901  twitter icon
KUFW 90.5 FM — Visalia, CA 93227


4

RADIO CAMPESINA NETWORK LPRC(2)
KCEC 104.5 FM  —Yuma, AZ 85365
KNAI 88.3 FM — Phoenix, AZ 85019  twitter icon  FacebookIcon


5

KOCA 93.5 FM-LP   FacebookIcon
Radio La Montanesa
Satélite Bilingüe and local programming
Spanish
Laramie, WY 82070


6

KRZA 88.7 FM LPRC(2)  twitter icon  FacebookIcon
NPR and music
English
Alamosa, CO 81101

KUVO 89.3 FM LPRC(2)  twitter icon  FacebookIcon
Jazz
English
Denver CO 80205


7

KANW 89.1 FM LPRC(2)  twitter icon  FacebookIcon
NPR and New Mexico Music
English
Albuquerque, NM 87106


8

KMBH 88.9 FM LPRC(2)  twitter icon  FacebookIcon
Classical jazz, news and inspiration talk
English
Harlingen, TX 78550


9

WRTE 90.7 FM LPRC(2)  twitter icon  FacebookIcon
Vocalo
Music and News
Bilingual
Chicago, IL 60608


10

WSBL-LP 98.1 FM-LP  FacebookIcon
Radio Sabor Latino
Music and Information
Spanish
South Bend, IN 46619


11

WLCH 91.3 FM  twitter icon  FacebookIcon
Radio Centro
Music and Education
Spanish
Lancaster, PA 17602


12

WRNI  1290 AM LPRC(2)  twitter icon  FacebookIcon
Latino Public Radio
News, music and health education
Spanish
Cranston, RI 02920


13

WCIW 107.9 FM-LP  twitter icon  FacebookIcon
Radio Conciencia
Music and informative talk
Spanish and indigenous
Immokalee, FL 34143

WDNA 88.9 FM LPRC(2)  twitter icon  FacebookIcon
Jazz
English
Miami, FL 33145


14

CADENA RADIO UNIVERSIDAD DE PUERTO RICO LPRC(2)  twitter icon  FacebookIcon
News, talk and tropical music
WRTU 89.7 FM — San Juan, PR
WRUO 88.3 FM — Mayaguez, PR

CORPORACIÓN DE PUERTO RICO PARA LA DIFFUSION PUBLICA
News, talk and classical
Spanish
WIPR 940 AM — San Juan, PR LPRC(2)  twitter icon  FacebookIcon
Allegro 91.3 FM — San Juan, PR LPRC(2)  FacebookIcon

WOQI 1020 AM LPRC(2)  twitter icon  FacebookIcon
Radio Casa Pueblo
Music and information
Aduntas, PR

WVQR 90.1 FM LPRC(2)  twitter icon  FacebookIcon
News, music and educational
Radio Vieques
Vieques, PR


15

KBWE 91.9 FM LPRC(2)  FacebookIcon
La Voz de Magic Valley
Educational, information and music
Boise, ID

LPRC Station Services

What is a CPB-qualifed Latino Public Radio Station?

A radio station that provides significant service to Latinos through diverse programming that serves the needs and interests of Latinos and meets all of the criteria outlined in the FY 2014 Radio General Provisions and Eligibility Criteria (General Provisions) . A full understanding of the General Provisions also includes full knowledge of the Certification Requirements (Certifications) for Station Grant Recipients . All stations admitted to the CSG Program are required to demonstrate that they are fully compliant with the General Provisions and the Certifications at the time of application.

Among its many station services, the Latino Public Radio Consortium (LPRC) works with CPB-qualified Latino Radio Stations to help them stay compliant through the implementation of the 5×5 model.

The 5×5 model is a tool designed by the National Federation of Community Broadcasters (NFCB) to engage stations in developing best practices in five critical areas:  Engagement, Programming, Development, Governance and Compliance.

Have questions about our services?  Read more or contact us.

Staff

Ileana Rivera Santa - LPRC Interim Executive Director

Ileana Rivera Santa, Interim Executive Director

ileana@latinopublicmedia.org
twitter icon @LprcIleana

A thirty year veteran of public broadcasting, Ileana is the Executive Director of the LPRC. She works daily with 43 Latino-controlled stations located in Washington, Oregon, California, Wyoming, Idaho, Colorado, New Mexico, Arizona, Texas, Illinois, Indiana, Pennsylvania, Rhode Island, Florida and Puerto Rico.

Ileana joined the LPRC as Director of the LPRC Latino Desk at NFCB, a service for Latino-controlled radio stations designed by LPRC in collaboration with the National Federation of Community Broadcasters. The LPRC Latino Desk at NFCB, among other things, provides Latino public radio stations with webinars, station visits, training assessments, open-topic conference calls, group buys and discounts, consultations and participation in the NFCB listserv.

Previously, Ileana was the Vice-President of Development and Educational Services of public television Sistema TV, Canal Universitario Ana G. Mendez, WMTJ and WQTO TV in San Juan, Puerto Rico. She was also Director of Planning and Development for the Puerto Rico Public Broadcasting Corporation, dual licensee of public radio Allegro 91.3. FM and WIPR 940 AM public television WIPR and WIPM.

Ileana shares her management, administrative and development skills with the Latino public radio stations in order to streamline delivery of public radio services, foster efficiencies and bring new voices into the fold.


 

Magda Vélez LPRC DevelopmentMagda Vélez, Development
magda@latinopublicradioconsortium.org

Magda provides continuous support to LPRC stations by building strategies in Development. Magda has over 20 years of experience in public broadcasting.

She worked for WRTU-FM in San Juan, Puerto Rico as an External Resources Coordinator where she built the station’s first Underwriting Program and developed a successful end-of-the-year campaign.

Magda worked in WIPR Public Radio and TV stations where she was Programming Sales Officer and Major Giving Coordinator.

By working in the communications environment, she became motivated to pursue graduate studies in public relations. Her thesis project was in major giving for public broadcasting.

 

Anahí Lazarte - LPRC CommunicationsAnahí Lazarte, Communications
anahi@latinopublicradioconsortium.org
twitter icon@anahilm

Anahí coordinates the LPRC’s communications and social media efforts. She’s also available to provide direct services to LPRC stations in these areas. Anahí got her start in public radio in 2000 at the University of Puerto Rico in different roles, from assistant producer to news director. She moved to Chicago to complete a master’s degree in Communication from the University of Illinois, at Chicago, focusing on community radio and agency. After graduation, she worked in advertising and as the Director of Development and Marketing for a local Catholic school. She returned to Puerto Rico after living 10 years in Chicago.

Anahí grew up in Puerto Rico, but she also has family in Argentina where she discovered her love of the radio when attending the University of Buenos Aires. What better way to bring together all the things that she enjoys the most: music, arts, politics, community and social change. She is passionate about non-profit work, community radio, music and storytelling. She writes about stuff she loves in her personal blog.

 

Benjamín Muñiz LPRC ProgrammingBenjamín Muñiz, Programming
benjamin@latinopublicradioconsortium.org
twitter icon@saravapr

Cultural management and public radio are two of Benjamín’s greatest passions. He was the owner of important cultural institutions in Puerto Rico, such as La Tertulia bookstore and the record store Saravá. With an education in Literature (B.A. at the University of Puerto Rico, Río Piedras and M.A. at Princeton University) and nonprofit management (Universidad del Sagrado Corazón), Benjamín has been a successful concert producer for artists from Cuba, Spain, Nicaragua and Puerto Rico and an independent radio producer for over 20 years in both commercial and public media.

Benjamín joins the LPRC to support program production and distribution between member stations. He is also a key player in the design of innovative approaches to making the voices of Latino public radio come together in unique expressions. Benjamín firmly believes that the future of member stations depends on their ability to join forces and work together.

 

Debbie Boneta LPRC Community EngagementDebbie Boneta, Community Engagement
debbie@latinopublicradioconsortium.org

Debbie has worked in outreach and development for public media and environmental organizations for over a decade. She started as membership coordinator in the Puerto Rico Public Broadcasting Corporation where she created the first membership program for Allegro 91.3 FM. The program’s success was based on her ability to foster donor relations, engage donors and keep track of efforts by building a donor database.

She worked in the Conservation Trust of Puerto Rico as management coordinator, overseeing natural protected lands and serving as liaison to the community, government agencies, universities and private corporations. Debbie was also part of Proyecto Siempre Verde in Centro Buen Pastor. She was in charge events, workshops and activities to help preserve, support and measure the forest’s impact on visitors.

Debbie has a bachelor’s degree in arts with a minor in geography from the University of Puerto Rico. In addition to her work with the LPRC, she is a teacher at a Montessori school in the island, specializing in science, geography and history.