Clarification of Radio Airplay Terms and Copyright?

[Music Man]

Hi,
I am a musician, and I am thinking of sending my songs to this radio webstation, but I read their legal policy and am confused. They are supposed registered with the PRS in UK which collects airplay royalties on behalf of the artists and sound recording owners, yet in their terms it contradicts this. Would appreciate if someone can help clarify what they mean and if its okay to go ahead and send them my songs for airplay.

Thanks.

Please note that because of punitive UK OnLine Royalty rates, all music sent to radio2XS is assumed to be "Free from Worldwide Copyright for radio2XS airplay", as per these Conditions. radio2XS continues to pay royalties to UK Agencies PRS, MCPS and PPL for any music not covered by this Agreement. radio2XS' success is largely due to our enthusiasm for promoting New Music. All the music we play is unsolicited and we greatly appreciate the supply of material from record companies, plugging & promotion agents, artist management, publishers and artists themselves. However, all submissions are accepted subject to the following agreement, no part of which affects your copyright ownership in any way:

By submitting music to radio2XS for airplay consideration, the owner(s) of the recording(s), the recorded material(s), the original work(s) and any publisher(s) of such material(s), agree that all such material(s) are sent to radio2XS on the express condition that they may be broadcast by us in any or all territories worldwide without any financial payment by radio2XS to the artist(s) (whether performers, writers, producers, etc), publisher(s), management, representative copyright or performing rights bodies, or any other third party."

In return, we undertake not to distribute any works sent to us in any way other than via our live broadcasts. The only exception to this are works sometimes available on our On-Demand Radio Player. In this case, they will be either very short extracts, or low audio quality, or 'spoiled' by the use of overlayed Station IDs, etc.

 

[Tim W]

1. You are basically giving your work away fro free, for their commercial benefit.
   I do not recommend this (that said, royalty free air play on proper radio is a well established form of payola).
   
   
2. Even if they do pay into a UK collecting society - are you a member?
   And if something goes wrong, do you have the resources (ie the money!) to mount an action in the UK?
   (or anywhere else specified in the "Choice of Law" clause?)
   
   
3. Remember, the easier it is to get into these things, the less worth they actually are.
   
   
4. If you don't understand it, don't sign up for it.

 

[Music Man]

Hi Tim

I am full member of AMCOS/APRA who as you know collect royalties from PRS and other overseas societies on behalf of all Australian members.

 

[Music Man]

BTW what do you mean by 'Choice of law' clause?

 

[Tim W]

BTW what do you mean by 'Choice of law' clause?

Some info here