Operating conditions web radio

A webcaster must fulfil the following operating conditions in order to obtain a webcasting licence in compliance with the agreement for the assignment and administration of rights.

The webcaster may not publish or arrange the publication of any previews or other kinds of announcements revealing the titles of the individual music recordings or the titles of the album including such music recordings featuring as part of the programme. Names of performing artists being played in the programme may not be mentioned except for illustrative purposes. This does not exclude the webcaster from making an announcement that an artist features in the programme in an unspecified timeframe. 

Broadcasts by the webcaster may not include the following within three hour-segments of his programme:

(a) more than three different titles from a specific album; no more than two of which in a consecutive order; or

(b) more than four different titles by a specific artist or a compilation of music titles; no more than three of which in a consecutive order.

The transmission may not be part of:

(a) a pre-recorded programme of less than five hours; or

(b) a pre-recorded programme of five or more hours which is being transmitted for a period of more than two weeks; or

(c) a broadcast loop of less than three hours.

The transmission may not be part of a programme that can be identified as one that plays music recordings in a predetermined order (except in pre-recorded programmes and broadcast loops) if this programme is transmitted 

(a) more than three times within a previously publicly announced period of two weeks, as long as it is a programme lasting less than an hour; or 

(b) more than four times within a previously publicly announced period of two weeks, as long as it is a programme lasting an hour or more.

The webcaster may not transmit music recordings as such or as part of a service offering the transmission of images or films in a manner that is suitable to create the false impression of a connection between the owner of the copyright and/or neighbouring rights with the webcaster or a specific product or service that the webcaster is advertising for. Furthermore, the webcaster may not create the impression that his activities over and above the transmission for music recordings itself are sponsored by the owner of the copyright and/or neighbouring rights (incl. the performing artist).

In the case of consecutive music recordings being used for his programme, the webcaster must either talk over them or cross-fade them. Should this not be possible in an individual case, the interval between two transmitted music recordings must not exceed 0.25 seconds. Unless it entails disproportionate costs, the webcaster must use effective technical measures, widely available on the market, which are targeted at preventing that:

(a) the person receiving a transmission or any other person can automatically scan the webcaster's programme itself or together with the transmissions by other webcasters in order to filter out specific music recordings from the programmes; and 

(b) the person receiving a transmission can create copies of the music recordings (except thereof are transient copies made for technical reasons). 

The webcaster shall support technical measures used by producers of sound recordings in order to identify and protect their music recordings. As long as such technical measures can be transmitted by the webcaster without any substantial costs and without any noticeable interference with the transmitted signal, the webcaster may not disrupt them.

(a) The webcaster shall provide information on the music recordings in a way that they are displayed to the person receiving the transmission via a specific device, during but not prior to the transmission: Title of the music recording, if possible, title of the album containing the track and name of the performing artist. 

(b) The transmission of music recordings shall, if technically feasible, be accompanied by the transmission of the information on title and performing artist as implemented into each music recording by the rights owners. This obligation shall apply subject to the conditions pursuant to no. 6.

The webcaster may not transmit any unauthorised music recordings; those include, without exception, so-called bootlegs (unauthorised concert recordings) and recordings which have not yet been published for webcasting purposes in the country where the webcaster is headquartered. The webcaster may not remix or change the music recordings in any other way so that the music recordings transmitted are different to the original recordings. 

The webcaster may not support any devices that enable automatic skipping from one programme channel to another. The person receiving a transmission shall, however, have the option to use pause and skip functions. The webcaster must determine fixed gaps applying to functions for skipping individual titles or for skipping a time interval in a forward direction which cannot be influenced by individual persons receiving the transmission. The webcaster may also offer personalised programmes ("preference functions"). The preference function shall provide the persons receiving the transmission with the possibility to inform the webcaster of their preferred genres, artists or music recordings. The combination of skip and preference functions may not lead to transmissions of recordings by specifically requested artists or albums. The combination of unlimited skip functions with preference functions is, however, excluded. 

When using music recordings, the webcaster shall preserve the moral rights of the authors and performing artists.  The webcaster must, in particular, refrain from any distortion or other interference which might endanger the reputation and standing of such moral rights holders. This applies in particular to the combination of music recordings with images or films.