Webcasting update

[AtPontchartrain]

Subject: [grc] SMALL COMMERCIAL WEBCASTERS FILE FOR EMERGENCY STAY Date: Thu, 31 May 2007 23:23:00 -0400 (EDT)


SMALL COMMERCIAL WEBCASTERS FILE FOR EMERGENCY STAY


http://www.kurthanson.com/archive/news/053107/index.shtml

Numerous webcasters have filed a request fo an emergency stay in the U.S. Court of Appeals for the D.C. Circuit could delay "D-day" for the webcasting industry should the CRB rates remain unchanged.

The motion, filed by the Digital Media Association in conjunction with National Public Radio, and the Small Commercial Webcasters, formally requests the court delay the implementation of the CRB's "radical and arbitrary" recording royalty rate increase imposed May 1. Legislation that would repeal the rate increase is pending in the Senate and the House, but may not be brought to a vote in either chamber before July 15th, the day the first payments for the newly increased rates for webcasters are due...

SaveNetRadio spokesperson, Jake Ward said, "We are hopeful that today's motion for an emergency stay will afford the Internet radio industry crucial time to rehear this case... SaveNetRadio and the millions of webcasters, artists and listeners we represent urge the Court to give this motion full consideration."

For complete language of the motion for an emergency stay filed today visit SaveNetRadio. From the Wall Street Journal: "A battle over increased royalty payments for songs on online radio is moving into high gear, as online radio companies pressure Congress to ease increases they claim will put some concerns out of business. "

Yesterday, groups representing online radio companies filed preliminary paperwork in the District of Columbia Circuit Court to appeal a ruling that would double rates payable to record labels in three years. They are also planning to file as early as today a motion to stay the ruling on the new rates, which they are supposed to start paying July 15, retroactive to 2006. "

Since the March ruling from the Copyright Royalty Board,...webcasters have swung into overdrive, asking the 49 million Americans who listen to Internet radio to call their representatives to ask them to back legislation in the House and Senate...

So far, the Internet-radio legislation has been gathering sponsors at a brisk pace. In the House, it has 100 co-signers since being introduced... the quick action is in large part because thousands of consumers have been calling, faxing and emailing their representatives.

During a two-week period in May, messages to Rep. Inslee about Internet-radio royalties outpaced all other issues, including Iraq and immigration, a spokeswoman says. "That's thanks to a highly organized grass-roots campaign, with a large number of online radio services pitching in... "

John Simson, SoundExchange's chief executive, says that the rates are fair, adding that music companies didn't get everything they wanted."



--
Nathan Moore Network Programming Coordinator Pacifica Radio c: 510.734.3496 nathan@pacifica.org

[AtPontchartrain]

Chicago Tribune editorial on webcasting makes good use of a line from Don McLean.

(Way off topic, somehow that reminds me of Chicago's old Don McNeill Breakfast Club!!)


http://www.chicagotribune.com/services/newspaper/premium/printedition/Friday/chi-0608edit2jun08,1,7784932.story?ctrack=1&cset=true

[AtPontchartrain]

From: <rma@rootsmusicassociation.org>
Organization: Roots Music Association
Subject: Online Radio Is Saved;
Date: Fri, 13 Jul 2007 07:36:04 -0500

Online Radio Is Saved; SoundExchange Will Not Enforce New Royalty Rates on Sunday.

By Eliot Van Buskirk ..July 12, 2007

At today's Congressional hearing about the new rates for online radio that would essentially destroy it (as readers of this blog already know), SoundExchange, which was scheduled to receive the new royalty payments on Monday morning (since the enforcement date falls on a Sunday), made a startling statement.

The SoundExchange executive promised -- in front of Congress -- that SoundExchange will not enforce the new royalty rates. Webcasters will stay online, as new rates are hammered out.

I just spoke with Pandora founder Tim Westergren, who expressed relief that Pandora wouldn't have to shut down on Sunday in response to the new rates. He said, "It was getting pretty close. I always had underlying optimism that sanity was going to prevail, but I was beginning to wonder."

He said everyone who called their Congress person about this should feel that they had an effect on the process:

"This is a direct result of lobbying pressure, so if anyone thinks their call didn't matter, it did. That's why this is happening." The flyer DiMA distributed to Congress today probably helped a bit too, but overall, it appears Congress intervened due to pressure from web radio listeners.

Funnily enough, Westergren told me this mere hours after a representative of SoundExchange said that the new rates are "etched in stone." Twice. Evidently not.

Westergren had more to say, lending insight into a process that was largely opaque to non-participants. Apparently, the per-channel minimum fees mandated by the Copyright Royalty Board were never taken very seriously by those involved. They've now been taken off the table completely, saving Pandora, Live365, and other multicasters from their most imminent threat.

"No one thought those per station fees were remotely rational. It only makes sense that they're being taken off the table."

As for the Copyright Royalty Board? They're entirely cut out of the process, having set the rates and then refused a rehearing. Going forward without the royalties being collected, SoundExchange and webcasters will negotiate a new royalty rate with Congress looking over their shoulder -- "and last but not least, the public looking over Congress's shoulder." Alternatively, Congress now has time to consider the Internet Radio Equality Act, which would set webcaster royalties at 7.5 percent of revenue and allow them to continue operating pretty much as they have been.

Either way, this is a big win for webcasters and their listeners.

[Carolina Beadhead]

Man, that's good to hear. Hope the process continues to make it equitable for all concerned.

[bywterbro]

From: <rma@rootsmusicassociation.org>
Organization: Roots Music Association
Subject: Online Radio Is Saved;
Date: Fri, 13 Jul 2007 07:36:04 -0500

Online Radio Is Saved; SoundExchange Will Not Enforce New Royalty Rates on Sunday.

By Eliot Van Buskirk ..July 12, 2007

At today's Congressional hearing about the new rates for online radio that would essentially destroy it (as readers of this blog already know), SoundExchange, which was scheduled to receive the new royalty payments on Monday morning (since the enforcement date falls on a Sunday), made a startling statement.

The SoundExchange executive promised -- in front of Congress -- that SoundExchange will not enforce the new royalty rates. Webcasters will stay online, as new rates are hammered out.

I just spoke with Pandora founder Tim Westergren, who expressed relief that Pandora wouldn't have to shut down on Sunday in response to the new rates. He said, "It was getting pretty close. I always had underlying optimism that sanity was going to prevail, but I was beginning to wonder."

He said everyone who called their Congress person about this should feel that they had an effect on the process:

"This is a direct result of lobbying pressure, so if anyone thinks their call didn't matter, it did. That's why this is happening." The flyer DiMA distributed to Congress today probably helped a bit too, but overall, it appears Congress intervened due to pressure from web radio listeners.

Funnily enough, Westergren told me this mere hours after a representative of SoundExchange said that the new rates are "etched in stone." Twice. Evidently not.

Westergren had more to say, lending insight into a process that was largely opaque to non-participants. Apparently, the per-channel minimum fees mandated by the Copyright Royalty Board were never taken very seriously by those involved. They've now been taken off the table completely, saving Pandora, Live365, and other multicasters from their most imminent threat.

"No one thought those per station fees were remotely rational. It only makes sense that they're being taken off the table."

As for the Copyright Royalty Board? They're entirely cut out of the process, having set the rates and then refused a rehearing. Going forward without the royalties being collected, SoundExchange and webcasters will negotiate a new royalty rate with Congress looking over their shoulder -- "and last but not least, the public looking over Congress's shoulder." Alternatively, Congress now has time to consider the Internet Radio Equality Act, which would set webcaster royalties at 7.5 percent of revenue and allow them to continue operating pretty much as they have been.

Either way, this is a big win for webcasters and their listeners.


yessssssssssssssss

[ohio]

WOOHOOOOOOO!

[breambob]

Thanks for these updates on this issue AtP, a topic of interest to many of us :)

[mightyradgumbo]

Yes ATP Thank You for the posting. This is grand news indeed.

[Fred (Texas JF Fanatic)]

Now that this act has been introduced, the SaveNetRadio coalition call to action is specific and direct: We are asking listeners to call their Representative and ask him/her to "cosponsor the Internet Radio Equality Act."

[Fred (Texas JF Fanatic)]

http://www3.capwiz.com/saveinternetradio/officials/congress/?lvl=C&azip=Zip%20Code

SaveNetRadio.org

To find your elected officials just click & enter zip code before its to late.