As a Live365 broadcaster, you're empowered to curate incredible audio experiences for your listeners. Many of you are looking to expand your programming by incorporating syndicated content – pre-produced shows, mixes, or specialty programming from other creators. This is a fantastic way to diversify your station's offerings and reach new audiences!
However, when it comes to syndicated content, especially shows that include music, understanding the legal landscape is paramount. At Live365, we handle the complexities of music licensing so you can focus on broadcasting, but it's crucial for you to understand how our licensing, government regulations, and best practices apply to syndicated material.
Let's break down the proper way to include syndicated content on your Live365 station.
Live365's Role in Licensing and Your Responsibilities
Live365 provides comprehensive music licensing coverage for transmissions in the United States, Canada, Mexico, and the United Kingdom through agreements with major Performing Rights Organizations (PROs) like ASCAP, BMI, SESAC, GMR, SoundExchange, and others. This means that for Eligible Content you play on your station, Live365 manages the royalty reporting and payments.
What is Eligible Content? For content to be covered under Live365's licensing, it must meet specific criteria, including:
- Lawfully Obtained: The audio file must be legally purchased or licensed by you.
- Accurate Metadata: This is critical! Every audio element that is copyrighted by a third party needs accurate metadata: title, artist, and album. This allows Live365 to properly report royalties to the PROs.
- PRO Catalog Inclusion: The content should generally be included in the catalog of a PRO covered by Live365's agreements.
- Transmission via Live365 Platform: The content must be transmitted through the Live365 platform on a Broadcast package.
Your Responsibility as the Broadcaster: While Live365 handles the overall music licensing for your station, your responsibility comes in two key areas when using syndicated content:
- Rights to Distribute the Syndicated Show: When you acquire a syndicated show from another creator, you must ensure that the syndicator (the creator of the show) has the legal rights to distribute that show to you. This includes all elements within the show – the musical compositions, sound recordings, and any spoken-word content. A formal syndication agreement outlining these terms is highly recommended.
- Accurate Metadata for Syndicated Content: Even though the show is pre-produced, if it contains music, you are still responsible for providing Live365 with the accurate metadata for each individual song within that syndicated program. This is where cue sheets (or CSV files in our MultiTrack workflow) become essential.
Understanding CSV Files for MultiTrack
Live365's MultiTrack feature is designed for handling pre-recorded shows and mixes. It allows you to upload a single audio file for your program and then use a cue sheet to delineate the individual tracks, talk segments, and other elements within that file. While you can use a CUE file, a CSV (Comma Separated Values) file is another option that provides a structured way to define the segments within your uploaded audio.
The Structure of a CSV File for MultiTrack:
A CSV file is a simple text file where values are separated by commas. For Live365's MultiTrack, your CSV file should include specific columns to accurately define the structure of your pre-recorded show. Here's the required format:
Let's break down each column:
- offset: This is the starting time of each segment within your audio file, formatted as HH:MM:SS.milliseconds. For example, 00:00:00.000 represents the very beginning of the file.
- Media_type: This specifies the type of segment. Use music for songs and talk for spoken-word segments, intros, outros, or advertisements. Use lowercase for these values.
- title: The title of the song or the name of the talk segment.
- artist: The artist of the song. If it's a talk segment, you might use the name of the speaker or "Host".
- album: The album the song is from. This may be left blank for talk segments.
- year: The year the song was released. This may be left blank for talk segments.
Example CSV File:
00:00:00.000,talk,Show Intro,Host,
00:00:30.000,music,Example Song 1,Artist 1,Example Album 1,2023
00:04:15.500,talk,Talk Segment 1,Host
00:05:00.000,music,Example Song 2,Artist 2,Example Album 2,2024
00:09:30.000,talk,Show Outro,Host
Why is the CSV File Important?
- Accurate Metadata: For music tracks, the title, artist, album, and year information is crucial for accurate royalty reporting. Live365 uses this data to ensure that rights holders are properly compensated for the music played on your station.
- Segment Definition: The offset and Media_type columns allow Live365 to precisely identify where each song or talk segment begins and ends within your audio file. This is essential for proper playback and reporting.
- MultiTrack Functionality: The CSV file is what enables the MultiTrack feature to work correctly. Without it, Live365 wouldn't know how your audio file is structured.
By using a properly formatted CSV file, you ensure that your pre-recorded shows are played correctly and that all necessary metadata is provided for accurate royalty reporting.
The Critical Rule: Play Syndicated Shows "As Is"
This is one of the most important aspects of airing syndicated content, and it directly relates to DMCA compliance and your Live365 agreement.
Internet radio stations, including those on Live365, cannot break down a syndicated show into individual tracks and play those individual tracks outside of the context of the full syndicated program.
Here's why:
- Licensing is for Performance, Not Distribution: Live365's licenses cover the public performance of music within a broadcast context. They do not grant you the right to distribute individual songs, nor do they confer the rights for you to unbundle a syndicated show's musical components.
- DMCA Compliance: The Digital Millennium Copyright Act (DMCA) includes provisions designed to prevent the unauthorized duplication and distribution of copyrighted works. Breaking a syndicated show into its constituent songs and playing them separately could be construed as facilitating unauthorized duplication or circumventing copyright protection measures.
- Syndication Agreement Integrity: When you receive a syndicated show, you are typically granted a license to air that specific program as a whole. Altering the program by extracting individual songs violates the spirit and often the letter of the syndication agreement between you and the content creator.
What This Means for Broadcasters:
- You MUST play syndicated shows in their entirety as received. Do not edit out individual songs to add to your station's regular rotation.
- You CAN place ads where you want within the show, as long as it doesn't involve altering the copyrighted musical content. Your cue sheet can include promo or id markers for these purposes.
- If you want to play individual songs from a syndicated show, you must legally obtain those individual tracks separately (e.g., by purchasing them or having your own direct licenses for them).
Advice for Syndicators: What to Tell Other Stations
When you distribute your syndicated shows to other Live365 broadcasters, it's crucial to clearly communicate these rules. Here’s a statement you can include with your show downloads and CSV files:
Important Information for Broadcasters Airing This Syndicated Program on Live365:
This syndicated program is provided for broadcast as a complete, pre-recorded show. To ensure compliance with Live365's licensing agreements and relevant copyright laws (including the DMCA), please adhere to the following:
- Play the Show in its Entirety: This program must be aired as a whole. You are permitted to insert your station's advertisements or promotional IDs at designated points, but you must not alter the core content of the show, particularly the musical selections.
- Do NOT Extract Individual Tracks: Under no circumstances are you permitted to break down this syndicated show into its individual musical tracks and use those tracks separately in your station's programming. Your Live365 license covers the performance of the full syndicated program, not the individual distribution or unbundling of its musical components. If you wish to play individual songs featured in this program outside of the syndicated show, you must obtain those tracks through your own legal means.
- Accurate Metadata is Provided: The accompanying CSV file provides accurate metadata for all musical elements within this program. Please ensure this file is used with Live365's MultiTrack workflow to ensure proper royalty reporting.
Failure to comply with these guidelines may result in violations of copyright law and Live365's Terms of Service, for which the broadcasting station would be solely responsible. We appreciate your cooperation in maintaining a legal and compliant broadcasting environment.
In Summary
Syndicated content is a powerful tool for broadcasters, but it comes with specific legal responsibilities. By understanding Live365's licensing, utilizing the MultiTrack workflow with accurate cue sheets, and strictly adhering to the "play as is" rule for syndicated shows, you can confidently expand your station's offerings while remaining fully compliant.
If you have any further questions about specific scenarios involving syndicated content on your Live365 station, our Support team is always here to help. Happy broadcasting!
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