Today I bring you a story that has it all: a solar-powered, low-cost, open source cellular network that's revolutionizing coverage in underprivileged and off-grid spots. It uses VoIP yet works with existing cell phones. It has pedigreed founders. Best of all, it is part of the sex, drugs and art collectively known as Burning Man. Where do you want me to begin?
The Open Source Subnet
Cell towers that blend vs. those that offend"We make GSM look like a wireless access point. We make it that simple," describes one of the project's three founders, Glenn Edens.
The technology starts with the "they-said-it-couldn't-be-done" open source software, OpenBTS. OpenBTS is built on Linux and distributed via the AGPLv3 license. When used with a software-defined radio such as the Universal Software Radio Peripheral (USRP), it presents a GSM air interface ("Um") to any standard GSM cell phone, with no modification whatsoever required of the phone. It uses open source Asterisk VoIP software as the PBX to connect calls, though it can be used with other soft switches, too. (More stats in a minute that I promise will blow away your inner network engineer.)
This is the third year its founders have decided to trial-by-fire the system by offering free cell phone service to the 50,000-ish attendees at Burning Man, which begins today in Black Rock City, Nevada. I've posted a few photos of the set-up here. But the project is still new and mostly unheard-of. The second-generation hardware is in beta and the project’s commercial start-up, Range Networks, won't emerge from stealth mode until September (at the DEMO conference).
Two of OpenBTS's three founders are a duo of wireless design gurus that make up Kestrel Signal Processing: David Burgess and Harvind Samra. The third is industry luminary Glenn Edens, the same Edens who founded Grid Systems, maker of the first laptop in the early ‘80s, who is also known as the former director of Sun Microsystem’s Laboratories (among his other credentials). He is Range Networks’ CEO.
Burning Man has become a brutal, but great test vehicle. "There are not too many places you can go where tens of thousands of people show up, all of them with cell phones, in a hostile physical environment – lots of heat and dust, with no power and no cell service," Edens says.
GSM operates on licensed bandwidth, so for any U.S. installation, the OpenBTS crew always obtains a FCC license and works with the local carrier to coordinate frequency use. When attendees get into range and power up their phones, the system sends them a text that says “Reply to this message with your phone number and you can send and receive text messages and make voice calls.”
Edens notes: "You can also make phone calls to any number, but you can’t receive them, except from other people at Burning Man. We don’t have a roaming agreement in place with any carriers yet. So calls from people out of range from Burning Man will go to voicemail … but you can check your voicemail." (You can follow the progress of the system setup on Burgess's blog).
Edens jokes that Kestrel gets an equal number of compliments and complaints for making cell phones accessible at the event. You win some and you lose some.
Certainly, the potential of OpenBTS is a winner. The system is only "as big as a shoebox," Edens says, and requires a mere 50 watts of power "instead of a couple of thousand" so it is easily supported by solar or wind power, or batteries. It performs as well as any other GSM base station which has a maximum range of 35 kilometers and a typical range of 20 kilometers, depending on geography, antennae height, etc.
It can use a wireless backhaul, too. "We’re working with UC Berkeley on a really interesting project on super long distance wireless backhaul. We can also use private microwave and all the usual backhaul technologies," Edens says. A full‐power base station with software costs around $10,000. Compare that to the typical $50,000 - $100,000 investment for base station controllers, mobile switching centers and "a whole lot of plumbing" to bring in power, backhaul, etc., in a traditional cellular network.
Like other GSM cell networks, OpenBTS networks can connect to the public switched network and the Internet. Because it converts to VoIP, it "makes every cell phone look like a SIP end point … and every cell phone looks like an IP device. But we don’t touch anything in the phone … any GSM phone will work, from a $15 refurbished cell phone all the way up to iPhones and Androids." Low cost phones are particularly important for projects in impoverished areas, where people can benefit most from better communications services.
"The UN and ITU studies show that when you bring communications services to an area, healthcare goes up, economic well being goes up, education goes up," Edens says, noting that costs and power needs are low enough that even a small village can afford to do this. Users may need to pay $2 or $3 a month.
He brags that setup is downright trivial. "After the Haiti earthquake, we sent a system that was installed at the main hospital in Port Au Prince. They had it working an hour after unpacking it from the box. The hospital PBX was down. They used it as their phone system for about two weeks."
Kestral has sold about 150 units, hardware and software, since last January, with trial systems installed in India, Africa, the South Pacific and a number of other countries. The team has also done a few private installations like oil fields, farms, and ships at sea. They are also providing a system to the Australian Base in Antarctica. Plus OpenBTS has been downloaded about 4,000 times, mostly by researchers able to build their own base stations. It is also of interest for military communications, law enforcement and DARPA projects.
Because OpenBTS relies on licensed bandwidth, the team hasn't been targeting enterprises wanting private campus-wide cell phone networks, though that’s not out of the question. Still, Edens says there's plenty of work to be done for the 60% of the world’s landmass and the 40% of the world’s population that don’t have service, he says, quoting number from the ITU. Carriers such as Telefonica to T-Mobile have expressed interest.
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Music Copyright Laws:
Using cover song versions legally
Also check out these related CleverJoe articles:
- Confessions of a songwriter
- How music publishing works, for songwriters
- Copyright Protection, Protecting your music for use on the web.
- What you need to know about music publishing
- Writing lyrics for a living - can you really?
- Music Copyright. What a Songwriter Needs To Know
Music Copyright Laws:
The Cover Song Quagmire:
Using cover song versions legally
Three Ways to Obtain Mechanical Licenses,
for Legally Recording/Distributing Cover Versions on CDBy Dale Turner (scroll down for bio and CD link)
For many musicians, a considerable amount of "play time" is spent learning other people's songs—either for cover band gigs, wedding performances, or merely to study another artist's work. If this sounds like you, as your repertoire has grown, it's highly likely one or more of those songs has sparked something extra-special inside you. Why not immortalize your efforts by recording some of those magical numbers and putting them on a CD? At the very least, one of those "classic" tracks might be the perfect way to punctuate your next disc!
But before you act, you need to know what steps you need to take to ensure you're protected, and the original songwriter gets his/her due. With this article, we'll take a look at the three primary paths you can take to obtain a mechanical license [a.k.a. Circular 73—Compulsory License For Making and Distributing Phonorecords (PDF)] to legally release your version of another artist's song. For reality's sake, we'll also include a little"story" to go with it—my personal experience releasing an album comprised of covers—to walk you through this somewhat tricky, time-consuming process. Let the games begin!
Way back in December 2000 I recorded a set of 10 cover songs, intending them to be nothing more than a CD-R Christmas gift for my Mother. Nothing fancy, just a bunch of classic tunes (Beach Boys, Beatles, Queen, etc.) I'd spent some time on months earlier, developing from an "arrangement" standpoint to add to my repertoire, then recorded totally "raw" in my home studio. When the holidays finally hit, needless to say, ma dug my little "stocking stuffer." And as an added bonus, it was a big hit amongst my relatives!
Well, after playing some of these tracks for some of my (thankfully) enthusiastic friends, I was encouraged to take these songs to the next level—offer them as a full-blown, shrink-wrapped CD, available to "quirky cover song" fans. However, though I went the extra mile trying to conceive of unique ways to present these tunes, I wrote nary a note of this music. In order to legally (and ethically) pull this off, I'd have to find out who to pay, credit, and get permission from. With none of my friends involved in publishing or entertainment law, I hadn't the foggiest idea how to go about this.
Enter the Harry Fox Agency, or HFA. After scouring the internet for "ballpark" legal advice, it became clear that the HFA was the central hub of all things relating to obtaining the rights to record and sell copies of songs written by other parties. (NOTE: Outside the US., similar Mechanical Rights agencies exist for Canada, the UK, Europe and elsewhere.) Upon locating the Harry Fox Agency's home page (www.harryfox.com), I discovered that the HFA (among other things) specializes in the following licensing services:
Mechanical Licensing
(licensing of copyrighted musical compositions for use on CDs, records, tapes, and certain digital configurations)Digital Licensing
(licensing of copyrighted musical compositions in digital configurations, including but not limited to, full downloads, limited-use downloads, on-demand streaming and CD burning.)
Given that I was going the "CD" route, playing someone else's "copyrighted musical composition," this confirmed some of the things that I'd already read online—I needed a MECHANICAL LICENSE!On the left side of the HFA homepage read the words: "To obtain an HFA Limited Quantity License (less than 2,500 units), use Songfile.com (click here)." Since I was planning on manufacturing 1,000 units—arguably the most common number for an "indie" CD run—HFA's www.songfile.com sounded right for my purposes.
On songfile.com, the steps to follow were simple: I clicked the "Song Search" link (note their browser requirements), entered the title of one of the songs I covered, and searched their database for the types of licenses available. Upon selecting the "mechanical license" option, I was asked the following multiple-choice questions (my answers appear in parentheses):
1) How many recordings will you make? [2500 COPIES OR LESS (LICENSE FEE MINIMUM IS 500 UNITS)]
2) Manufactured in what country? (WITHIN U.S.)
3) Distributed in what country? (WITHIN U.S.)
4) Which type of Organization do you represent? (INDIVIDUAL)Based on the length of each song and the number of units you plan to sell, songfile.com then computes a fee based upon the statutory mechanical royalty rate—the money collected for each sale of your cover version that goes directly to the song's writer and publisher (often split 50/50). Currently (January 1, 2004 to December 31, 2005), the "statutory mechanical royalty rate" is:
8.50 Cents for songs 5 minutes or less
1.65 Cents per minute or fraction thereof over 5 minutes.
At that rate, for my purposes, covering a single song under five minutes long (selling 1,000 copies of it), added up to an $85 fee. Since I was going to be licensing 10 songs, I'd have to pay at least $850! (Two of the songs I recorded were actually over six minutes. At the current rate, that calculates to $115 each.) To say the least, that's a pretty substantial up-front investment! (On a per song basis, this fee can be paid online by credit card; otherwise you have to do the entire process manually by filling out a form and mailing it in to the HFA with a check.)
It's also worth noting that, at first, I thought this "fee" was merely the cost of obtaining the license. I shuddered at the thought of having to pay this, PLUS royalties at a rate of about eight cents per song—to say nothing of my CD's photography, art design, manufacturing costs! To my relief, a few months later, a friend informed me that the fee I paid was just an "advance" on the royalty for 1,000 copies of each song sold; the license itself was apparently only $10. (According to the fine print, you're "charged a $10.00 non-refundable processing fee per license, which will be added to the license amount and processed as a single charge to your account.")
Back to Harry Fox... After shelling out for several songs (you provide a ballpark release date and other details, submit your credit card info online, then receive a license via e-mail in a matter of hours or days), I entered the name of a Jimi Hendrix song I wanted to license. After answering all the same questions in the exact same manner as my previous song selections, the following words appeared before me on my monitor (in red, no doubt for dramatic effect):
This song is not available for mechanical licensing.
Noooooo!!! In a panic, I then entered the details of a Billy Joel song I recorded.
Ditto: "This song is not available for mechanical licensing."
As far as I knew, the Harry Fox Agency held the rights to all the songs legally available for the "covers" treatment; anything else was a no go. I figured this was enough to all but doom my little project (*sniffle*). For starters, those two songs demonstrated an aspect of my playing and singing that the other eight songs didn't. Further, I just didn't think it'd be cool to put out an "eight-song" covers CD—let alone one without my man Jimi being represented! Lastly, since this CD was already over three years old, it didn't feel right to do two "new" songs and slap them on at the end of the collection. To my mind, that would ruin the idea of me releasing an "accidental" album, if you will.
But then I discovered an interesting legal fact: Once a song has been commercially released by an artist, that artist's song may be re-recorded and released by anyone who chooses to do so. This holds true, provided that the melody/lyric isn't substantially altered in the "cover" version, and that they pay proper fees/royalties directly to the song's copyright holder. (On the flip side, if you release a disc with cover songs on it, then try to obtain proper licensing after the fact, you're no longer eligible—and possibly subject to penalties/prosecution for copyright infringement!) All I needed to do was investigate who owned the publishing rights to those Jimi Hendrix and Billy Joel songs. This information (including each publisher's address) was readily available through the following Performance Rights organizations:
BMI (www.bmi.com)
ASCAP (www.ascap.com)
SESAC (www.sesac.com)(NOTE: Outside the US., similar Performance Rights organizations exist for Canada, the UK, Europe and elsewhere.)
Later, I found that the above "publisher's search" process could be sped up considerably by going through the Music Publishers' Association's web site (www.mpa.org).
After obtaining both publishers' contact info, I was left with that resounding "Now what?" feeling. Again, the ol' internet paid off. I found I needed to send to each publisher what's referred to as a Notice of Intention to Obtain Compulsory License for Making and Distributing Sound Recordings. After more cyber searching, I finally found out what the heck that was—at the overwhelmingly incomprehensible (to my neophyte self) U.S. Copyright Office web site. Reading that document was almost enough to make me toss in the towel (and my cookies). But then, much to my satisfaction, I came across this totally "pre-fab" (RTF) letter, designed by a friendly webmaster—"fill-in-the-blanks" style—for submission to artists' publishers. This letter appeared to adhere to the specifications (PDF) prescribed by the US Copyright Office.
From here, the Billy Joel licensing process went off without a hitch. I sent in the above letter (certified mail, return receipt); upon receipt, they asked me via e-mail to specify the number of copies I intended to sell (information omitted from the "pre-fab" letter I used). They then sent a written agreement for my signature, additionally asking for an $85 check covering the sum of advance royalties paid on 1,000 units. (My research revealed that you could try to negotiate a lower royalty rate with each publisher. However, I happily agreed to pay the "compulsory"—or "standard mandatory"—rate.) This agreement also provided me with the exact wording for the "publisher/writer credit" I needed to include in my CD's liner notes, and stipulated that the publisher receive two copies of the disc "as released." (Individual writer/publisher credits for every song you cover need to be included in your CD's liner notes, by the way.) Upon execution of the agreement, they granted me the license and quickly sent me a hard copy for my records.
A search for Hendrix's publishing was another matter entirely. Depending on which performance rights organization I searched through, both "Bella Godiva Music" and/or "Experience Hendrix LLC" administered Hendrix's publishing rights. To make a long story short, Experience Hendrix LLC was the correct one. I sent my same "pre-fab" letter to their P.O. Box (the only indicated address); it came back three weeks later as "undeliverable to addressee" because nobody signed for it. (Again, I sent it certified w/return receipt—a bad idea for P.O. boxes, apparently.) On a deadline by now (I was looking to release this disc in a couple months), I located a phone number for Experience Hendrix LLC and got the ball rolling that way. They requested I e-mail their Music Publishing & Licensing contact, asking them to e-mail me back (as an attachment): "a downloadable version of the form I need to submit in order to obtain a mechanical license for the making and distribution of 1000 CDs—Track: 'Castles Made of Sand'." I was also informed that they needed to approve a copy of my "cover version" first, before they could grant me a mechanical license. Fine by me! I sent them a CD-R copy of my almost-final mix, with their filled-out e-mail form (replete with Hendrix logo!), and a few weeks later, finally got the official "go ahead."
So there you have it: Two of three possible paths for legally covering another artist's song. In the end, if you go direct to the publisher, you'll do away with the HFA's $10 filing fee. Personally, given the time it took "going direct" (to say nothing of the anxiety it caused), I'd gladly pay that $10 any day of the week! You'll just need to weigh your own personal "time vs. money" options.
So what about licensing method #3? Well, if you've exhausted all reasonable means and can't locate the copyright holder(s) for the song(s) you've covered, you can file the same Notice of Intention to Obtain a Compulsory License with the Library of Congress, Copyright Office, Licensing Division. Each song needs to be filed separately, and there's a $12 filing fee (per song). The Library of Congress will establish to whom royalties are paid by identifying the copyright owner. At that point, you'll need to make all due royalty payments—and make sure you pay! (Hint: "dot gov"!) If you find you need to go that route, make sure you compose your correspondence to these specifications (PDF), as prescribed by the US Copyright office. In the event you have any questions, the Library of Congress can provide you with detailed instructions concerning this form. Ask for the Copyright Office Regulations on Compulsory License for Making and Distributing Phonorecords, Circulars 96 Section 201.18 and 96 Section 201.19, and address your request to:
Library of Congress
Copyright Office
Licensing Division, LM-458
101 Independence Avenue, S.E.
Washington, D.C. 20557-6400Meanwhile, here's another (PDF) sample of a "pre-fab" Notice of Intention to Obtain a Compulsory License I found online.
Finally, be aware that being granted a mechanical license does not mean you can reprint that song's lyrics in your CD's sleeve. (You must clear these rights through the publisher directly.) And samples—audio excerpts from the artist's original master recording—need to be cleared differently; for this, you must obtain a MASTER RECORDING LICENSE directly from the record company that owns the master to the recording. I believe Harry Fox used to offer this type of license, but has since discontinued doing so.) Further, sale of MP3 downloads requires a separate DIGITAL LICENSE.
In the end, all the footwork I had to engage in (and anxiety I had to endure) to legally take this "stocking stuffer" to the next level was well worth the effort. I now have a CD of songs I really like, performances I'm proud of, and a nice memento of a personal "place in time" that I can proudly distribute. I hope you some day consider doing the same. Good luck!
About the Author:
In addition to being a performing/recording musician, Dale Turner is also West Coast Editor of Guitar One magazine, an instructor at Hollywood's Musician's Institute, and has authored numerous guitar publications for Hal Leonard, Cherry Lane, and Warner Brothers. His latest CD, INTERPRETATIONS - Solo Arrangements for Guitar and Voice, has just been released on the INTIMATE AUDIO label.
© 2004 Dale Turner ALL RIGHTS RESERVED
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Music copyright laws for songs. How to legally record a cover version song on your music CD.
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The BusinessCast podcast is created and produced by: 1) Robert Gold the Managing Partner of Toronto-based Bennett Gold LLP, Chartered Accountants http://www.BennettGold.ca; and 2) President of the business communications consulting firm, Write On The Money, Andrew Brown -http://www.WriteOnTheMoney.com.
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Chris Carder – President, Thindata 1:1 (www.thindata.com)- Seth Godin – International author
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