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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.

 

 
x
Read RAIN's Friday initial coverage of the royalty rate
release including a table of the announced rates here.
x

Headline: "Webcasters find Congressional allies over CRB ruling in hearing"
From CNet News: "A key Democrat in the U.S. House of Representatives on Wednesday slammed new federal rules that would require House of Repsmany Internet radio services to pay higher fees to record companies.

"Rep. Edward Markey (D-Mass.) had harsh words for a ruling released Tuesday by the U.S. Copyright Royalty Board...

"'This represents a body blow to many nascent Internet radio broadcasters and further exacerbates the marketplace imbalance between what different industries pay,' Markey (pictured) said at a hearing here titled 'The edward markeyFuture of Radio'. The hearing was convened by the House panel on telecommunications and the Internet, of which Markey is chairman. 'It makes little sense to me for the smallest players to pay proportionately the largest royalty fee,'...

"The CRB's decision has imperiled Webcasters by widening the gap between what Internet radio and satellite radio services must pay, RealNetworks general counsel Robert Kimball told politicians. He was also speaking for the Digital Media Association,...

"If the decision is not overturned, 'one can easily imagine Web radio looking more and more homogenized,' Kimball said. That's because the higher realrates may force Internet radio operators to reduce the number of songs they carry or increase their advertising prices and frequency, which could make it a less desirable place for advertisers to invest, he said.

"Kimball suggested the proposed merger between XM and Sirius should be put on hold until Congress 'corrects the Copyright Act's bias against the Internet,' thereby dimaallowing Internet radio companies to compete more fully with satellite firms.

"For instance, the Copyright Act prohibits Internet radio from offering its own recording devices and portable radio devices, but it does not levy the same restrictions on other radio services, Kimball said...

"Rep. Anna Eshoo (D-Calif.) said she believes Internet radio could face threats from another source: 'broadband providers who have the ability andCNet  incentive to limit consumers' access to the content of their choice.' She called for passage of Net neutrality legislation, which failed to pass Congress last year, that would prohibit such a practice."

Read the entire article at CNet News.

 
RAIN is brought to you today by:
Save Net Radio

Internet radio may be driven out of business within weeks by a Copyright Royalty Board decision that gives record companies a royalty rate that exceeds 100% of most webcasters' total revenues.

Visit SaveNetRadio.org for links to a petition to Congress you can sign, and to send the message directly to your Representative and Senators that you don't want to lose Internet radio!

 

Headline: RBR exhorts broadcasters to join fight to save webcasting
From RBR: "The NAB [National Association of Broadcasters], representing radio broadcasters, has so far been silent on the new, exorbitant Internet streaming royalty fees [RAIN coverage here, here, and here]. We were told this is due to staffers being... at the proposed XM/Sirius merger hearing yesterday [see coverage in today's issue]...

"Broadcasters we spoke to, like Entercom's David Field, mentioned they were still analyzing the new fees and deciding where to go with their streaming audio...

"WBEB-FM Philadelphia's Jerry Lee [pictured left] told us... 'It sounds pretty bad. My take is if it isn't changed, at least the people that are webcasters are not going to be around. It sounds  horrendous.'

"Said Bonneville CEO Bruce Reese [at right]... 'I just don't think this decision has anything to [do with] the reality of what's good business for the record industry, the artists or for us. I don't think this does anybody good... This is going to be a good business for us in the future and we need to be in this space...'

"RBR observation: Let's say these fees stick and anybody and everybody who streams audio pulls their streams. Wouldn't that actually be good for traditional radio, as it would send audio advertisers back that had been spending in Internet radio? Radio stations could cut their streams and still have their cash cow terrestrial signals — no biggie. The issue has actually been discussed at NAB board meetings — if streaming royalty fees are hiked up as much as possible, online radio competition for ad dollars would fall back to a minimum...

"In the end, Congress can do just about anything— expect an amendment to these new fees...

"These new Internet royalty fees have to be stopped. NAB, get a dog in this fight and quick, as not all NAB staffers have to sit at a hearing watching Karmazin.

Today in RAIN

Read Net Radio Sales president Jennifer Lane's "call to action" to broadcasters on webcast royalties in today's issue here.


We'll send you a brief daily summary of each day's stories with a clickable link to the RAIN home page.
Headline: "What now?: Oxenford gives run-down of Webcaster legal options"
From the Broadcast Law Blog, by David Oxenford: "Following the recent Copyright Royalty Board decision,... many david oxenford individuals and companies have asked what can be done either to reverse the decision, or to operate in a world where the decision becomes effective...

"First, Petitions for Rehearing of the Decision can be filed by the parties to the case within 15 days of the release of the decision — by March 19... There is a... possibility that the Board will clarify some of the more onerous ambiguities of the decision — such as the issue of what constitutes a 'channel' or 'station' to which the minimum fee attaches...

"But there are other ways in which this decision could be changed, or ways by which webcasters could work around its effects. SoundExchange and some or all of the parties could reach a voluntary settlement, agreeing to rates different from those that the Board assigned. These rates would have to be applicable to classes of webcasters — rather than to individual companies...

"Given that we have had two decisions in the last 5 years on these royalties, and both times the decisions have been such that smaller entities feel that they have been disenfranchised — even when they were part of the process as they were this year — the whole 'willing buyer, willing seller' standard used in broadcast law blogthis case might need to be reevaluated...

"Finally, if none of these options work, services can try to negotiate private deals for the use of  music by artists who believe that the promotional value of Internet radio exposure helps them sell recordings, concert tickets and other merchandise."

Read the entire post at the Broadcast Law Blog.
 

Headline: "Lane: Ruling is 'call to action' for broadcasters to defend streams"
From today's issue of RBR, by Jennifer Lane: "The recent decision issued by the Copyrightjennifer lane  Royalty Board (CRB) with regard to performance royalties to be paid by online radio stations for the next five years is a call to action for the broadcasting industry.

"Given the fact that over 50 million Americans now listen to online radio each month, one can assume that the recording industry does not want online radio to disappear...

"Given that this decision did not achieve a middle ground that both parties can live with, three possible paths remain.

"First, there can be appeals to the decision. There were several parties to the CRB proceedings, and any of them can appeal the decision. Initial reviews say that there are grounds for this on a legal basis.

"Second, and concurrently, both sides can negotiate a nabsettlement that works...

"Thirdly, many webcasters believe that the true issue lies in a faulty law (the DMCA) — so the Internet radio industry needs to work to remedy this situation by getting the legislation amended. One would hope at this point to see the NAB, whosave the streams  has previously taken little interest in streaming radio, make this a priority...

"Realizing [Net radio's] potential, broadcasters have begun streaming their content online and are not going to easily cede this distribution channel. Broadcasters should let NAB know that this is an important issue that must be resolved.

"One thing all these stations have going for them is their listeners — listeners who are passionate about their favorite webcasts and do rbrnot want to lose them. Stations can make their listeners aware of the issues using a resource such as www.savethestreams.org."

Read the entire article in RBR here.

Jennifer Lane is President of Net Radio Sales.

 


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Headline: "'Golden egg' fable gets CRB'ed, lesson learned stays the same"
From RBR: Mark Allen, Esq., President & CEO Washington State Association of Broadcasters, submitted the following twist on a classic fable:

Once Upon A Time, there was a recording industry organization that had a goose that streamed a golden egg every day. Things were going pretty well for their members. Each day their organization would take the golden egg to the Copyright Royalty Board and get a very handsome, multi-faceted, return on investment.

One day though, the recording industry thought, why wait for the goose to stream just one golden egg each day, 'let's take all the golden eggs to the Copyright Royalty Board at once.' So, they cut open the goose looking for all the golden eggs, and of course, there were none. They were left with no golden eggs and, worst of all, no goose to stream them.
 
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