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Frequently Asked Questions

If you have a question that is not answered below, please feel free to submit it to licensing for review.


Q: Why should I obtain licensing?

Performance licensing means you are remaining loyal to your hobby and to the songwriters, performing artists, and record companies which make it possible. You can now do so cost-effectively and as part of a grassroots community effort to better Webcasting for individuals and organizations.

Q: I play mostly indie music. Do I still need licensing?

Any online public performance of a musical work and a sound recording requires authorization. Permission can be granted either directly (on a per-track basis from the owner or agent of both copyrights) or via a compulsory license. Needless to say, the latter requires fewer agreements and is typically the most feasible option for any small Webcaster.

Q: Aren't we promoting artists by playing their music?

Performing artists rarely hold a copyright in both the musical work and sound recording. Therefore, most have virtually no say in your use of their albums in your Webcast. Additionally, the U.S. Copyright Act guarantees a group of protections to the creators of artistic works including sound-recordings and musical-compositions. To exploit these creations in an online public performance without permission is not promotion, but rather bootlegging.

Q: If I make no money, then why pay for a license?

The U.S. Copyright Act provides for remuneration in the form of royalties to all songwriters, performing artists, and record companies for the online public performance of their sound-recordings and musical-compositions. This protection exists to ensure a fair balance between the copyright owners to control their works and the public to use those same works for creative or constructive purposes (e.g. Webcasting).

Q: Does this program replace licensing payments?

Membership in the JPL Program covers your obligations to ASCAP, BMI, and SoundExchange. License fees are collected jointly and distributed to the respective performance rights organizations on your behalf. Therefore, you need not be concerned with complicated licensing procedures (including bookkeeping and reporting) which are required of a D.I.Y. Webcaster.

Q: Will my broadcast need to be DMCA compliant?

A requirement for membership includes observation of all Digital Millennium Copyright Act provisions for Webcasters.

Q: How do subscriptions work?

Monthly membership rates are calculated based upon aggregate tuning hours for your broadcast, total Website traffic driven to your broadcast, and total revenue generated by your broadcast. Any à-la-carte features, if applicable, are subject to an additional fee.

Q: What are aggregate tuning hours and TLH?

Aggregate tuning hours and TLH (total listening hours) are mostly synonymous. They both refer to the cumulative hours of reception of your broadcast per listener for a given timeframe. Aggregate tuning hours represents listenership during a given audit period and is reset every 30 days, while TLH represents ongoing listenership over a rolling period of 30 days and is updated in realtime.

Q: What if I exceed my monthly contract limits?

You should select a program that is appropriate for your needs in terms of revenue generation and aggregate tuning hours. You will be responsible for any overage charges incurred with the addition of a $4.50 processing fee.

Q: How often do I submit revenue reports?

Each revenue reporting period is 30 days. You will be provided an easy-to-use online form in which to itemize your gross income totals for the previous reporting period.

Q: What information must I report as reveue?

For purposes of reporting, "gross income" is defined as the revenue generated on behalf of your station before taxes and any other deductions.

  • Audio Advertisements – All monies accrued from the sale of in-stream audio spots.
  • Banner Advertisements – All monies accrued from the sale of Web-site banner space.
  • Donations & Fundraisers – All monies accrued from voluntary donations and fundraisers.
  • Products & Services – All monies accrued from the sale of products and services.

Note: Products & Services do not include banner or audio advertisements.

Q: Will I report my revenue even if I make no money?

Revenue reporting is mandatory for all members unless specifically exempted. If you fail to provide a revenue report in a timely manner, then you will risk jeopardizing your membership.

Q: Is listener registration required?

Membership is not required to listen to any broadcast on SWCast Network. However, registration will enable visitors to use the site more effectively.

Q: Can my stream be launched from my own Website?

Licensing agreements with ASCAP and BMI require that licensed broadcasts launch only from a registered Website. Hence, listeners must be directed to the SWCast Network Website either via our official homepage or via your personal station page. Specific exceptions may apply. Please see the Rules and Requirements for complete details.

Q: Can I submit my station to a directory?

Publishing stream server addresses in outside directory listings like iTunes or Windows Media Guide, etc. is not permitted without prior authorization. Specific exceptions may apply. Please see the Rules and Requirements for complete details.

Q: Can I embed my station page within my site?

Framing or in any other way obscuring the true origin of the SWCast Network site for purposes of making performances of musical compositions and sound-recordings available to outside visitors is not permitted without prior authorization.

Q: What software do listeners need to connect?

The currently supported media players are WinAmp, iTunes, RealPlayer, and Windows Media Player. Listeners may also download our official media player, MyTuner. All are free to install and easy to use.

Q: Can I sell my own advertising?

You may feature paid promotions on your station. However, all such income must be reported monthly. These figures are used in the calculation of your membership fee.

Q: Are there instream advertisements?

There is no popup, banner, or insteam advertising. All costs incurred operating the SWCast Network family of sites and services are subsidized by our Enhancement Services.

Q: Is there a limit to the number of listeners I may have?

There are no preset listener caps other than those of your bandwidth and/or stream-hosting provider. However, your membership fees may increase due to increased listenership.

Q: Will I be penalized for listening to my own stream?

All listener sessions are logged for purposes of tracking and reporting. To ensure that monitoring or relaying your stream does not impact your statistics, you may wish to stream from two sources.

Q: Where will my streams be hosted?

If your upstream bandwidth is limited or if your firewall blocks incoming connections, then you will need to select a suitable bandwidth and stream-hosting provider. There are numerous reputable, low-cost vendors available.

Q: What type of streaming server is required?

All versions of SHOUTcast DNAS are currently supported. However, the latest version provides more detailed XML stats for purposes of tracking and reporting, and is therefore always recommended.

Q: Can I make podcasts or on-demand Webcasts available?

Any interactive or downloadable audio streams are not covered by the Joint Performance Licensing Program.

Q: Can I feature live concerts and stage plays?

Performance of bootleg recordings, dramatic compositions, music videos, and motion pictures are not covered by the Joint Performance Licensing Program.

Q: How are playlist and listener reports handled?

SWCast Network's proprietary tracking and reporting system (STARS) automatically collects the required information from your SHOUTcast DNAS. However, for live shows in which track information cannot be submitted during the event, you can use our Playlist Reporting tool.

Q: What track information must I provide?

You are required to transmit correct artist and track titles for all music (in the customary format) to your SHOUTcast server at all times unless specifically informed otherwise.

Q: How can I show my support for the JPL Program?

The best way to help SWCast Network (and receive great deals as part of your membership in Personal Broadcast Services) is to purchase any of our Enhancement Services.

Q: What additional benefits will a cooperative offer?

It is imperative that individual Webcasters unite to represent our best interests (technical, legal, and political), and to prove that we no longer have to be at the mercy of large corporations nor must we fall victim to unilateral lobbiest groups (like the RIAA).

By making our voices heard, spreading the word, and banding together, we can shape the future of Webcasting.


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Unauthorized Reproduction Prohibited.