Frequently Asked Questions about the PNRN Permission Letter
I have assembled this article in order to address the most frequently asked questions concerning the permission letter I ask you to look at and send back that lets me play your music on my radio shows. If you have any questions or concerns about it, please e-mail me at spellbound@purplenote.com.
Why do I have to agree with this? Can't I just say "Yeah, it's great, play my sturf?"
What does "non-exclusive permission" mean?
Why do you ask permission to play my music on "other outlets"?
If I say not to play my music anymore, you'll really stop?
Why do I need to state that I am "legally entitled" to make this agreement?
Does this e-mail actually mean anything legally? Doesn't something have to be signed to be official?
Are you going to let people download my music? I don't want people to be able to do that.
But what about that podcasting bit? Isn't that downloading?
How does this agreement affect my BMI or ASCAP membership?
WHY DO I HAVE TO AGREE WITH THIS? CAN'T I JUST SAY "YEAH, IT'S GREAT, PLAY MY STURF"?
Blame the U.S. Congress, and the Recording Industry Association of America (RIAA), for treating everyone on-line like thieves. They say that if I play your music on my net radio station, I'm stealing from you.
The RIAA says unless I pay about $500 a year to them for a special license, I have to ask the permission of every artist I want to play on the show -- even if you are an unsigned artist, and even if you're signed to an indie record label that is not a member of the RIAA. Sucks, don't it?
WHAT DOES "NON-EXCLUSIVE PERMISSION" MEAN?
It means you're giving me permission, but you can also still give permission to anyone else in the world. I have no exclusive claim on playing your music.
WHY DO YOU ASK PERMISSION TO PLAY MY MUSIC ON "OTHER OUTLETS"?
Because the radio shows on PNRN are not anchored to one net radio station, but rather they're syndicated, and the station that plays them can change. Most net radio stations also require that permission be given, so this means that wherever the radio show plays, you can be played.
IF I SAY NOT TO PLAY MY MUSIC ANYMORE, YOU'LL REALLY STOP?
Yes, I'll really stop. No strings attached. It's your music, not mine.
WHY DO I NEED TO STATE THAT I AM "LEGALLY ENTITLED" TO MAKE THIS AGREEMENT?
Essentially, that part means that you can't give me a cover of someone else's song. Because in order for you to really give permission, you have to own both the sound recording (the MP3 file) and the song itself -- those are separate things. If you give me permission, but your web site has cover songs on it, I will not play those unless you show me that you have properly licensed the song. No, I won't report you to anyone if you didn't. But if I played it, I could get in trouble.
DOES THIS E-MAIL ACTUALLY MEAN ANYTHING LEGALLY? DOESN'T SOMETHING HAVE TO BE SIGNED TO BE OFFICIAL?
Not necessarily. The purpose of the permission is to show folks like the RIAA that I'm complying with their regulations. It really shouldn't directly affect you as an artist at all. Sure, an e-mail can be forged, but if 300 artists all give me e-mails saying they grant permission, that can safely be demonstrated that I'm doing the right things to comply with the laws. In addition, the E-Sign Act of 2000 gives legal authority to electronic signatures in America, and when you forward back the text of the agreement, it basically means you're signing it. But, as I said before, you can withdraw it at any time.
ARE YOU GOING TO LET PEOPLE DOWNLOAD MY MUSIC? I DON'T WANT PEOPLE TO BE ABLE TO DO THAT.
That's okay. I do not provide any MP3 files of individual songs for download, and I do not provide any downloadable files in CD quality. The podcasts are distributed in 64kbps MP3Pro format, which is about the equivalent of FM radio in audio quality.
BUT WHAT ABOUT THAT PODCASTING BIT? ISN'T THAT DOWNLOADING?
Similar but different. Your music is available ONLY within the context of an entire radio show, as it was originally broadcast live. I suppose someone could save up a bunch of show podcasts and slice your songs out of it, but that's a lot of effort for the P2P generation. Let's face it, if unethical listeners want to steal your music, they'll just download it from somewhere else, probably in higher quality. Personally, I think the exposure gained from podcasts far outweigh any potential loss. In June 2005, episodes of Spellbound were downloaded (as podcasts) about 3700 times, and episodes of Escape From Noise about 980 times. Still, I know that the prospect of any kind of download may bother some folks. One of our biggest record labels, Metropolis Records, have not recleared their music primarily because of the podcasting vs. downloading issue. That's their privilege, so don't give them a hard time -- they may eventually change their mind.
Perhaps in the future there will be a freely available and widely supported audio format that permits me to apply Digital Rights Management to PNRN podcasts, which would at the very least limit how long a downloadable file would be playable. But for now, the utility and popularity of podcasting is simply too great to ignore. I hope that you will agree. If you don't, I understand, and I respect your right to not be included against your wishes. But at the moment the only way to opt out of that is to decline or rescind permission for airplay, since I do not want to get into the situation of editing out songs after the fact.
HOW DOES THIS AGREEMENT AFFECT MY BMI OR ASCAP MEMBERSHIP?
PNRN is fully licensed with BMI through December 31, 2008. If you are affiliated with BMI, or if you perform covers or performances administered by BMI, you're fine. If you are not a member of any performing rights organization (PRO), then this doesn't affect you at all.
If you are a member of ASCAP, SESAC, SECAN, or another PRO, then whether or not you can waive your PRO rights in order to clear your music with PNRN depends on the terms of your PRO membership, so you'd better ask them. If you are affiliated with a non-American PRO, such as PRS, please check with them to see if they have a reciprocal agreement with BMI.
The bottom line is that this permission is to protect you from me, and to protect me from the RIAA. It's all so more people can enjoy your music
