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Online radio and licensing

A question that agitates many. Before raising this topic, I was of the opinion that a radio project (Internet) can be created by any Internet user, regardless of gender, race, denomination and other signs. That is, online radio still does not need licensing, and there is no need for legal registration.

But in order not to overfill from a sieve, I turned to excerpts from federal law.
I propose to consider several aspects:


Let's start with what you and your project are applying for. If the title of “Official source of information” (regardless of the topic of politics or art), then you need a media license in 100%. If not, then you need to think, read, understand.

Law of the Russian Federation “On Mass Media” (on Mass Media) of December 27, 1991 N 2124-1
Article 31. Broadcast License
Broadcasting licenses are issued by a federal executive body authorized by the Government of the Russian Federation.
The license for broadcasting gives its holder the right, using technical means of over-the-air, wire or cable television and radio broadcasting, including those in his ownership, to distribute media products registered in accordance with this Law, in compliance with the licensing conditions.
The issuance of a broadcasting license must be denied if there is no technical capability to broadcast with the stated characteristics or close to them.
The issuance of a broadcasting license may be refused on the grounds stipulated by the conditions of the competition, if applications are considered on a competitive basis.
The cession of a license for broadcasting to another person is allowed only with the consent of the body that issued it, with a corresponding renewal of the license.

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In this situation, a reasonable question arises: is it true to consider all online projects of such a plan as media? Studying the Law, in which there is no mention anywhere of the dissemination of information through Internet radio streams, it seems that the license is really not needed. And everything seems to be nice and good, but you can get into this matter very seriously. Meanwhile, there is another caveat - Copyright.

We are interested in such a point as: “Free use of works”. Of course, without the consent and reward of the creator. Such a situation is foreseen and described.
So, excerpt.
Allowed without the consent of the author and without paying an author's fee, but with the obligatory indication of the name of the author whose work is used and / or the source of borrowing:
(as amended by Federal Law of December 18, 2004 No. 230-FZ)
<...>
  1. reproduction in newspapers, broadcasting or cablecasting for general information of legally published articles in newspapers or magazines on current economic, political, social and religious issues or broadcasted works of the same nature in cases where such reproduction, broadcast or the message on the cable was not specifically prohibited by the author;
  2. reproduction in newspapers, broadcasting or cablecasting for general information of publicly delivered political speeches, appeals, reports and other similar works in a volume justified by an informational purpose. At the same time, the author retains the right to publish such works in collections;
  3. It is allowed, without the consent of the author and without paying the remuneration of the author, the provision for the temporary gratuitous use of libraries of copies of works entered into civil circulation by legal means. At the same time, copies of works expressed in digital form, including copies of works provided in the order of mutual use of library resources, may be provided for temporary gratuitous use only in the library premises, provided that the possibility of creating copies of these works in digital form is excluded.

<...>


That is, in order to put into rotation, for example, tracks, you only need to specify the name of the creator and the name. Well, of course, do not forget about the distribution only for educational purposes.
But after all, the creator can sharply recall the protection of intellectual property, in accordance with the “Right to remuneration for the free reproduction of phonograms and audiovisual works for personal purposes.” What then?
Everything is brilliant - simple. One has only to remove the tracks from the rotation, and the problem is solved. You do not use the property, and therefore there is nothing to reward you with the creator.
I already faced this problem and this solution does not cause subsequent problems.

That seems to be all. It turns out that nowhere is it mentioned about online radio as media and its subsequent licensing, unless of course you are making money on this. All commercial projects, and especially the media are subject to registration.
Well, I’ll add from personal experience that there has never been a problem with licensing, more precisely, I never received licenses and did not run into problems.

ps And do not forget about censorship.

Source: https://habr.com/ru/post/124541/


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