streaming music rights

[Unc. John]

What is the name of your state (only U.S. law)? CT

Ok, in a nutshell, I operate a streaming radio site. I pay all my fees (ASCAP, SESAC, BMI, SoundExchange).

I was playing live music purchased via a site the provides concert recording the day after the show.

a few days ago I got an email from them saying:

"We do not and have not given you permission to use Official Furthurlive soundboard recordings for your station.
Furthur's official policy as far as streaming or trading of soundboards is as follows.
Trading soundboards is always forbidden. Streaming of soundboards is permitted after 4 months following a given performance.
You must cease streaming immediately to avoid us taking further action."

now, because:
1) I purchased the music
and
2) I pay all my licensing and royalty fees,

Do they really have any right to say "don't play our music"?
The 'official policy' that they mention is not printed anywhere on their site or on the site that their live music is sold.

thanks in advance for any help. I've already sent emails to my contacts at BMI, SESAC and ASCAP ... just waiting to hear back

 

[FlyingRon]

It would seem to be covered. There doesn't seem to be anything that would even approach being a license in their terms and frankly, even if they made such an assertion, it probably wouldn't pass legal scrutiny. It appears they are selling concert recordings, and that's the level of protection/restriction they would get in court. Wier at least seems to be ASCAP so I suspect your license with them will cover the performance rights.

Of course, they're free to shut down your ability to purchase/download recordings from them in the future if you don't play by their rules.

 

[Unc. John]

I am sure the email was sent because they think that their sales will be hurt... (once someone hears it, they wont be compelled to actually purchase it for later listening)

I also think that they thought they were sending a 'scare email' to a person operating some pirate internet radio broadcast, which obviously I am not.


I guess what remains now is, how do I reply?

I actually have complied temporarily while I get my ducks in a row...

 

[swalsh411]

You don't have to reply at all.

 

[Unc. John]

I appreciate the feedback - thank you!