MSN Stealing Broadcasters "Intellectual Property"? (September 7, 2004)

Kurt Hanson
A feature of the newly "beta-released" version of MSN Radio offers Internet radio stations which mimic the music playlists of actual major market broadcasters and present the music without "ads and DJ chatter."

MSN uses actual call letters and station slogans, which might raise the issue of copyright.

Excerpts are here!

SDN Comment: I'm guessing that it could be an intellectual property violation, especially since the radio station creating the playlists isn't getting anything in return, while MSN is profiting from someone else's brand. I wouldn't be surprised if the station groups' lawyers get in on this. Clear Channel vs. Microsoft! Let the lawsuits begin! Meanwhile, tune in dfsxradio.com for playlists that are not full of forgettable fluff pop tunes and predictable programs.

From FMQB.com:
MSN Radio Co-Opts Broadcast Brands... If you believe that imitation is the sincerest form of flattery, then you may be thrilled by Microsoft's latest online initiative...or maybe not. MSN Radio is offering up online radio stations modeled after popular on-air brands, utilizing BDS info from 900 stations around the country. The streams mimic the music of popular stations and formats while removing the jocks and spots.

MSN Entertainment Sr. Director Rob Bennett told the San Francisco Chronicle that the new service "results in a more pleasant experience because you don't have the ads or the DJs." However, many broadcasters take exception to the fact that MSN is using their station brands to I.D. their streams. A trip to the MSN Music beta page shows that users have the option of choosing their city and state, and selecting streams that sound "like" the stations in that market, identifying the stations by their call letters and station slogans.

KOIT/San Francisco PD Bill Conway told the Chronicle, "I'm surprised they would co-opt the brand names of every radio station in America without permission," after learning that MSN has a stream featuring his call letters and slogan, "Lite Rock, Less Talk." The free streams feature brief spots for MSN's subscription service, which for five dollars a month offers commercial free streams with higher audio quality.

The SAN FRANCISCO CHRONICLE cites examples for its own market, where MSN users can choose from 11 options that "sound like" KYLD (WILD 94.9) and other stations. Responding to the CHRON's question about trademark infringement, MICROSOFT responded that the use of actual station names "is applied only to indicate the top artists on a station, and we believe it's simply a factual statement about the radio station, similar to many other public radio charts on the Web. If any radio station has concerns about this usage, they should contact MICROSOFT directly."