Jurisdiction for streaming media?

[ESperr@xxxxxxx]

I've got a bit of a stumper:

A college radio station, located in a small Caribbean country, is looking 
to offer internet streaming of its programming. Such programming would 
include not only internally produced content, but commercially produced 
music as well. For reasons of economy, the station is considering 
contracting with a US-based hosting company to "re-broadcast" the stream. 
That is, while the production facilities and staff are located abroad, the 
actual streaming server location would be in the US.

My question is, is the foreign college station required to deal with the 
local Rights Organization, the US Rights Organization, or both?

A morning's worth of noodling has turned up the UK High Court decision 
that sees the world based on server locations (
http://www.bailii.org/ew/cases/EWHC/Ch/2010/2911.html), and the contrary 
Canadian Supreme Court decision that relies upon a real and substantial 
connection between the actors and the legal jurisdiction (
http://scc.lexum.org/en/2004/2004scc45/2004scc45.html) [Very short 
commentary on both -- 
http://www.slaw.ca/2010/11/22/internet-jurisdiction-based-on-location-of-server/
] I haven't turned up anything directly on point as far as the US...

As always, it's tricky to find "the answer" in cases like this, but where 
else should I be looking for guidance?


Thanks!

Ed Sperr, M.L.I.S.
Copyright and Electronic Resources Officer
St. George's University
esperr@xxxxxxx
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