BY PAUL MALONEY
Prior to February 20, 2002, Internet radio operated in the Dark
Ages. Or at least "in the dark." Webcasters looking to
build
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,
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 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..."
February 19 Copyright Office releases reporting
requirements BY PAUL MALONEY It appears that theU.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.
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.
Limelight Networks is a leading provider of outsourced media delivery
solutions. With multiple Edge distribution locations around the Internet,
Limelight Networks enables some of the Industry's top broadcasters like
Radio Free Virgin and Musicmatch to reduce the cost and complexity of
delivery while ensuring unmatched performance.
Limelight Networks technologyhas been
proven to dramatically cut the costs associated with live or on-demand
media delivery. For more information please contact us at www.limelightnetworks.com.
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.
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 onInternet
radio royalty rates, RAIN's
crack team of interns pulled an all-nighter last night to produce
a new
website
called "Save
Internet Radio."
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 CongressmenJay
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.
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.
From The New York Times: "Add urban renewal to
the growing list of reasons to deploy wireless computing
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 underwriting
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.