The making available of phonograms and music videograms in the Internet in the form of webcasting, commonly known as the internet radio or television, is not considered broadcasting within the meaning of the Law on Copyright and Related Rights or the Law on Radio and Television. Webcasting does not require a license from the National Board of Radio and Television, however, it does not benefit from the rights, to which holders of licenses are entitled.
Webcasting of sound recordings requires the conclusion of a relevant agreement, applying to the broadcasting by the user of phonograms and/or music videograms through their making available with the purpose of being downloaded via internet in a way which enables the playback of such phonogram without having to previously copy it in its entirety to the recipient's computer memory and which prevents repeated playback unless downloaded again, as well as without the recipient having a choice of the made available tracks. Webcasting thus applies to the streaming of phonograms and/or music videograms only, excluding all forms of on-demand use.
