Streaming an entire album by a single artist violates the DMCA

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Streaming an entire album by a single artist violates the DMCA

Q. Is it still a violation of the DMCA (Digital Millennium Copyright Act) to stream an entire album by a single artist in one program? Has anyone ever been prosecuted for doing that?

A. Yes, it is still a violation. No, we don’t know if anyone has been prosecuted. Here is the rule:

Sound Recording Performance Complement. A Webcaster must comply with the “sound recording performance complement,” which prohibits a Webcaster from transmitting within any given three hour period more than:

  • Three songs from the same album;
  • Two songs consecutively from the same album;
  • Four songs by a particular artist;
  • Four songs from a boxed set; and
  • Three songs consecutively from a boxed set.

The information in this post was reviewed by Melodie Virtue, partner in the law firm of Garvey Schubert Barer, Washington DC

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