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Proposed
  recordkeeping
  requirements
CARP recommends
   flat-rate royalty
CARP based rate
  on Yahoo! deal
"Day of Silence"
   is on!
20 House members
   write Librarian
Media coverage of
   "Day of Silence"
Copyright Office
  roundtable
House Judiciary
   subcommittee
   hearing
"RIAA may win
  battle but..."
CARP rejected!
Royalty rates
  around world
"Likely" record-
   keeping rules
Senate hearing on
   CARP process
Librarian's decision:
  $.0007/perf.
Congressmen
  weigh response
Mark Cuban's
  e-mail to RAIN
KH analysis of
  Cuban e-mail
Yahoo halts
  Broadcast.com
  streams
VOW petitions
  Congress
Million Fax March
Labels to Net Radio:
  Die now
NAB legal appeal
KPIG drops streaming
Small webcasters
  benefit concert
Internet Radio
  Fairness Act
Artemis Records to
  allow free streaming
Webcasters, labels
  appeal LOC ruling

Librarian wants to
  block some appeals

Moby speaks out
RIAA, small web-
  casters talking
"Webcasters, labels
  need to compromise"
Royalty Voodoo
  Economics Pt. 1
BRS study shows US
  'casters leaving Net
B'casters move to
  "stay" fees
Inslee calls CARP
  "terrible legislation"
Small 'casters return
  to Capitol Hill
"Compromise will pay
  off for everyone"
Simson says talks
  are progressing
H.R. 5469
"Call your
  Congressman"
Conyers speaks out
  against H.R. 5469
H.R. 5469 pulled,
  deal may be near
Artists willing to kill
  webcasting for $0?
Details of possible deal
Will broadcasters
  block the deal?
An agreement reached
"Webcaster royalty is
  technological
  fetishism"
Artist/label dispute
  threatens
  compromise
H.R. 5469 passes
  House!
New deal doesn't help
  college stations
RAIN's summary
   of H.R. 5469
Benefits, options of
  H.R. 5469
How to save the bill
VOW letter to Senate
Copyright Office
  denies b'casters'
  stay motion
"RIAA motivation and
  the impact of SWAA"
SWAA pros & cons
SWAA dies in Senate
RAIN proposes post-
  SWAA action
Live365 stay motion
  denied
SoundExchange offers
  "minimum fee" plan
Live365 files
  emergency stay
Net radio copyright
  basics pt. 1
Net radio copyright
  basics pt. 2
Tentative agreement
  on 5469
Congress passes
  SWSA
RAIN answers
  SWSA questions
President signs
  SWSA into law


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We'll send you a brief daily summary of each day's stories with a clickable link to the RAIN home page.

 

 

Part 1 in a series
Headline: CARP, Congress, and compromise: Radio and the Internet in 2002
BY PAUL MALONEY
Prior to February 20, 2002
, Internet radio operated in the Dark Ages. Or at least "in the dark." Webcasters looking to buildThe year in RAIN businesses complained that uncertainty over royalty costs made it difficult to attract investors.

Then came the blinding, piercing, blast of light. Webcasters were told that they would be compelled to pay double or triple (or even more) of their annual revenues to cover sound recording copyright royalties. Suddenly uncertainty looked less "ignorant" and more "blissful," and creating a business seemed impossible.

2002's CARP royalty recommendation, the Librarian of Congress's determination, and the ensuing action among webcasters, the media, in Congress, and in the courts -- together form by far the most pervasive, controversial, pivotal, unifying, dividing, and visible group of issues in Internet radio's short history. Other developments over the past year (more webcaster shutdowns, the further development of music subscription services, the Arbitron acquisition of the Measurecast license and technology,Link: February 20 issue of RAIN and others) were, to say the least, overshadowed by CARP.

This predominance is reflected in our look back at 2002. While we've done our best to capture a sense of everything in the space that was important over the past year, it's tough to remember doing much that didn't in some way involve trying to "Save Internet radio."

Below are links to RAIN coverage of what we consider to be the major stories of 2002, grouped by month and listed with issue date. The bigger stories are highlighted and accompanied by a bigger headline and introductory text (the link to these highlighted stories follows the text). We hope you find this look back through 2002 interesting. If you feel we've omitted an important development, please let us know. Feel free to use the Feedback form on this page, or e-mail us here: feedback@kurthanson.com.

Look for follow-up installments of this feature coming soon in RAIN.

A quick reminder...you can always navigate through past issues of RAIN by using the arrow(s) near the date at the top of each issue. Or, to quickly view a specific issue, click the Past Issues link under RAIN Resources in the left-hand column of the RAIN homepage, then click the appropriate date.


January 4 -- Susquehanna ends "The Merge"
7 -- Sirius offers channel streams
8 -- Clear Channel ends "World Class Rock"
9 -- Listen shifts Net radio to Rhapsody service
January 10
Radio/RIAA webcast deal nullified by Copyright Office
As reported by CNet News.com: "Federal copyright authorities have blocked a deal between the record industry and broadcasters that would have set royalty terms for radio-station broadcasts put online.

"Broadcasters, such as radio giant Clear Channel, had agreed with the Recording Industry Association of America in late December to pay for music used online. Terms of the settlement had been kept secret, however. The Copyright Office released its decision rejecting the deal Wednesday, potentially sending the two sides back to the drawing board..."

Read more in RAIN here.
11 -- RAIN calls Sirius "America's best webcast"
15 -- RAIN Radio gets nine new channels


February 14 -- Webcasters stay away from RAB 2002; Sirius launches
February 19
Copyright Office releases reporting requirements
BY PAUL MALONEY
It appears that the U.S. Copyright Office, in handing down a set of reporting requirements for Internet streamers that use copyrighted music, has almost unilaterally followed the wishes of the record industry.

What broadcasters are taking as a ridiculously onerous set of requirements for webcasting and streaming broadcast and satellite radio transmissions was released without fanfare in a February 7 document titled "Notice and Recordkeeping for Use of Sound Recordings Under Statutory License."

The order requires the originating source of a webcast to provide to copyright holders no less than eighteen data points for every song streamed, including the "numeric designation of the place of the sound recording within the program," "the ISRC code of the recording," and the UPC code and catalog number of the retail album.

Read more in RAIN here.
February 20
CARP recommendation released
CARP, the Copyright Arbitration Royalty Panel, which is the body appointed to recommend a copyright royalty rate for music streamed on the Internet, has finally released their conclusions. These rates, if adopted by the Copyright Office, will be what webcasters will have to pay (according to the Statutory License) to record labels to use their music.

It appears that commercial broadcasters, to stream their over-the-air signal on the Internet, will pay a royalty at about half the rate (0.07 cents per performance) of an Internet "pure-play" webcaster (0.14 cents)...Note that "per performance" means "per song/per listener." In other words, every time one person hears one song, that's a performance.

Read more in RAIN here.
21 -- Industry reacts to CARP
 

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March March 4
CARP based on Yahoo! deal
BY KURT HANSON
Posted on the US Copyright Office's website today is the 146-page report of the the recent Copyright Arbitration Royalty Panel (CARP) hearings on Internet radio royalties, which reveals that the fees recommended by the panel are based almost exclusively on a deal cut between the RIAA and Yahoo! in Summer 2000.

Those fees — effectively about 2¢/listener-hour for webcasters and half that for broadcast radio simulcasts, retroactive to October 1998 (see 2/20/02 RAIN here) — are perceived by most parties involved as so high that they will effectively kill Internet radio as an industry if accepted by the Copyright Office.

Read more in RAIN here.
March 5
RAIN launches Save Internet Radio
BY KURT HANSON
In an effort to help our industry coordinate and publicize all of the various initiatives currently underway from Webcasters in response to the recent CARP ruling on Internet radio royalty rates, RAIN's crack team of interns pulled an all-nighter last night to produce a new website called "Save Internet Radio."
5 -- CARP decision allows "listener influence"
6 -- Arguments against CARP
11 -- Lawmakers hear from webcasters and public
14 -- MediAmazing drops free streams
15 -- Live365 invites 'casters to join comments
19 -- Cablemusic on hold
20 -- Details of Live365 response to CARP
22 -- Webcasters' legislative efforts begin to form
26 -- Arbitron proposes moratorium on royalties
27 -- Mercury News speaks out for Net radio
29 -- Rep. Mink speaks out against CARP decision


April 3 -- RIAA wants even higher rates, minimum fees
4 -- RadioCentral shuts down
5 -- LA Times slams CARP rates
8 -- RIAA calls webcasters' efforts "misinformation campaign"
9 -- More Congressmen show support of Net radio
11 -- DeCastro joins AOL
15 -- RIAA drops user info recordkeeping demand
18 -- Mercury News: Slash rate or rescind royalty
19 -- Citadel closes Net division; Cox Interactive to restructure
22 -- RAIN suggests "Day of Silence"
March 23
20 Reps. send letter to Librarian supporting Net radio
BY PAUL MALONEY
A letter signed by 20 key members of the US House of Representatives was sent yesterday to the Librarian of Congress, expressing concern that the CARP proposal for webcasters is "both contrary to the intent of the DMCA and Congress's general policy not to stifle innovation on the Internet."

The letter, drafted by Congressmen Jay Inslee of Washington, Chris Cannon of Utah (pictured), and Rick Boucher of Virginia, was sent to Librarian James H. Billington, whose final approval is necessary for the CARP-recommended royalty rate to go into effect.

Read more in RAIN here.
29 -- Support, coverage for upcoming Day of Silence
 


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Coming soon, Part 2 of our look back at Radio and the Internet in the year 2002, including The Day of Silence, Net radio's "Hill Walk," the silencing of Entercom streams, and the Librarian of Congress's final determination.

 


We'll send you a brief daily summary of each day's stories with a clickable link to the RAIN home page.
 

Headline: Long Beach, CA offers free Wi-Fi to attract business downtown
From The New York Times: "Add urban renewal to the growing list of reasons to deploy wireless computingPhoto: Downtown Long Beach, CA networks.

"The city of Long Beach, Calif., plans to announce on Friday that it will make free wireless Internet access available in its downtown area as part of an effort to attract visitors and companies to the business district. The city will use the increasingly popular standard known as Wi-Fi, which lets personal computers and other hand-held devices connect to the Internet without wires at high speed.

"The new service is one of the first examples of a city's setting up a free wireless Internet system. It is being supported in part by equipment donations from a group of companies, with the city underwritingLink: New York Times article the $2,500 annual cost of an Internet connection...

"Long Beach is one of a growing number of cities and community groups that are considering free wireless Internet access. A number of cities are exploring the idea of installing such networks in downtown areas or throughout entire communities; they include San Francisco; Seattle; Jacksonville, Fla.; and Lodi, Calif."

Read this article in today's New York Times, or online here.
 
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Upcoming conferences
Jan. 5-7 Future of Music Coalition Policy Summit: Washington, DC
Jan. 18-23 MIDEM International Music Market: Cannes, France
Jan. 25-26 Radio Days: Copenhagen, Denmark
Jan. 30-Feb. 2 RAB 2003: New Orleans
Feb. 26-Mar. 1 Canadian Music Week 2003: Toronto
March 14-16 IBS National Convention for School & College Radio Stations: New York
March 20-22 College Media Advisers Spring Conference: New York, NY
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