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CRB coverage 2007:
CRB decision
SaveTheStreams
Legal options
Markey
Petitions
Copyright law
Canada?
Fred Wilhelms
[2] [3]
JPMorgan analyst
SaveNetRadio
Rehearing denied
SNR.org website
B'casters interests
Day of Silence?
What is "fair"?
House IREA
SX Point/Counter
July 15th D-Day
Hill walk recap
Senate IREA
Hanson/Simson
Offer to SCW
Berman/Coble
100th co-sponsor
File for stay
Noncomm offer
$1 bil admin cost


CRB coverage 2002:
CARP decision
Industry reacts
Industry stunned
Huge RIAA win
SJO editorial
Day of Silence?
Congress support
Day of Silence on!
Press coverage
Day of Silence
Librarian decision
Cuban speaks up
Labels: Die Now!
Forbes coverage
SWSA
SCW license


"The Future of
   Radio" series
1 | 2 | 3 | 4 | 5

"Net radio frontier:
Ad sales" series
1 | 2 | 3 | 4 | 5

UPDATED:
Internet radio
royalty basics


Copyright Law
DMCA
CRB 2007
 Webcast decision







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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.

 

 
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Register today for RAIN Summit!
We've announced
our first set of speakers for this year's annual RAIN Las Vegas Summit. New additions to the list include Jean-Marie Heimrath of Standard Interactive.

Visit our Summit page for details (and a PayPal link to make your reservation) about the all-day event, to be held Monday, April 16 at the Renaissance Las Vegas Hotel.


Our original coverage of the Copyright Royalty Board royalty determination, including a table of the new rates, can be found in our March 2 edition here. An editorial dealing with Copyright law issues can be found in our March 16 edition here. [A PDF of the decision is available here.]

Headline: "CRB's chilling effect could force Net radio's northern migration"
From the Toronto Star: "Online radio is one of the Internet's quiet success stories. While podcasting and Internet video  garner the lion's share of attention, webcasting has emerged as a major force with millions tuning in daily to thousands of services that freely stream their signals online...

"Despite their popularity, there is growing fear that a recent U.S. royalty decision could effectively shut down thousands of webcasting services. The U.S. Copyright Royalty Board recently established a new royalty scheme that dramatically increases the fees that webcasters will be required to pay to stream music online...

"Given the concern about the future viability of Internet radio in the U.S., there has been mounting speculation that some webcasters may consider setting up shop in Canada, where the U.S. rates do not apply. For example, Mercora, a service that allows individuals to launch their own webcasts, has established a Canadian site that falls outside U.S. regulatory and royalty rules...

"The Canadian fee structure is still under development with webcasters likely to face several charges. Next week, the Copyright Board of Canada begins hearings on Tariff 22, a tariff proposed by the Society of Composers, Authors and Music Publishers of Canada (SOCAN) to cover the performance of music online...

"SOCAN has asked the Copyright Board to grant a tariff that features a minimum monthly fee of $200 and establishes a royalty rate that runs as high as 16.7% of gross revenues (or gross operating expenses if those are higher) for on-demand streaming. The webcast rates vary from 3% to 9% of gross revenues, depending on the type of webcaster. Several groups are challenging the SOCAN tariff request and a final decision  from the Copyright Board is not expected for months.

"In addition to the Tariff 22 royalties, there are at least two other potential licences. The Canadian Musical Reproduction Rights Agency Ltd. (CMRRA) licenses the music reproduction right. CMRRA... is now negotiating individual licences for Internet-only radio stations.

"The Audio-Visual Licensing Agency (AVLA), which licenses the duplication of master sound recordings, has also created a licence for webcasters that copy music on to Canadian servers for webcasting to Canadians. The agreement establishes transmission and subscriber fees as well as sets limits on the number of songs that can be webcast for any individual artists (no more than four in a three-hour period) and prescribes the quality of the transmission (no greater than 96 kilobytes per second).

"The net effect of these tariffs and licences is that webcasting in Canada can get expensive, particularly for non-commercial and niche webcasters.

"By wisely focusing on a percentage of revenue model rather than the U.S. per-stream approach, the Canadian framework may enable webcasters to get off the ground, yet a streamlined system for streaming will be needed before Canada develops into a genuine Internet radio haven."

Read this entire Toronto Star article here.

...
...
The problem with moving webcast operations offshore is that eventually there will be reciprocal agreements between various countries' rights organizations. In this scenario, webcasters would be required — at least theoretically — to pay royalties to various countries' rights organizations based on the location of the listener, not the webcaster.

This still leaves at least two options for webcasters if the current royalty decision stands (and shuts down U.S. webcasting):

A. Webcasters could move to a country whose record industry is not a participant in the IFPI (International Federation of the Phonographic Industry). A wildly successful webcaster could still be blocked from U.S. listeners at the ISP level, but a smaller-sized one might not be.

B. Webcasters could change their target audience to the country into which they move — for example, we could move AccuRadio to Vancouver and target Canadian listeners, or to Shanghai and target Chinese listeners, until 2010 (when hopefully sane royalty rates might kick in under the 2010-15 CRB determination, and we could move back to Chicago).

We'll discuss this issue in more detail next Monday at the RAIN Las Vegas Summit. Be sure to join us if you can!
--KH
...
 
RAIN is brought to you today by:
jones tme

Jones TM, based in Dallas, has been around since the 1960s and is the world's leading creator and provider of products and services for the broadcast industry. Jones TM creates, produces, and distributes music-based products for broadcasters, webcasters and other media. Programming services include HitDisc and GoldDisc. Jones also has a wide range of production & imaging libraries like Steam, Short Bus Radio, Audio Architecture, and Imagio; plus commercial jingles and IDs, prep services, the Daily Service, and more. Visit www.JonesTM.com or call 972-406-6800 for more information.

 
PETITION UPDATE: Please keep Internet radio alive!
was at over 53,124 signatures as of 2PM CT today (up from 51,000 last Friday). Today's sample signature:
# Name Thanks to Internet radio, have your CD (or music download) purchases (01) gone up, (02) stayed the same, or (03) gone down? Do you feel that the existence of Internet radio helps or hurts the music industry? Other comments
53113 Priscilla Chakwin 01 Helps. If you don't hear the music, how will you know it exists? If you don't know it exists, there goes the whole purchasing thing. Internet radio has much better variety than local radio... If it weren't for internet radio, no one would even have a clue as to what they were hearing. FM radio has largely done away with identifying the music they play.
Internet radio listeners are currently signing this petition to Congress at the rate of several hundred listeners every hour -- with most of them adding insightful comments about their music purchase behavior!  (Read more comments here.) If you'd like to link to this petition from your website, you'll find tools (banner, buttons, PSAs) and links at RAIN's SaveTheStreams.org. Another petition with tens of thousands of additional signatures is available, if you prefer its design, here.
 

Headline: "Sansa delivers LAUNCHcast to MP3 player via WiFi"
From Engadget: "At this point, WiFi-equipped DAPs aren't completely novel, sansa connectbut they're still novel enough to command a good deal of attention..

"In fact, the $249 Sansa Connect bears a truly striking resemblance... [to the] Sirius' Stiletto.

"Though the Sansa Connect obiviously loses the Stiletto's satellite radio capabilites, it dominates the Stiletto (and the Zune, for that matter) in its effective use of 802.11 airwaves.

"Why most manufacturers have yet to pick up on the WiFi formula for this class of devices, we don't understand, sansa connectbut hey folks, it's easy: give us streaming, easy PC-free downloading, and firmware updates over the air.

"We're all awash in hotspots at this point, so let's take full advantage, yeah?

"The Connect is tied to Yahoo! Music Unlimited for its subscription download model ands treaming radio, and we've gotta say, a WiFi DAP really brings launchcast the model into its own. It almost trivializes the need for serious storage in the device... because you can get literally any music in Yahoo's catalog whenever you have a data connection handy.

"All of Yahoo's features
carry over, too: ratings can be saved from the Connect, album art is downloaded in real time, and you've even got Messenger engadgeton here. All of LAUNCHcast's stations are available to stream, and of course, you can build your own station based on personal tastes."

Read the entire article at Engadget.

...
RAIN Analysis
...
There are two different paths to Internet radio portability:

MP3 players can add Internet access and appropriate software (this story), or cell phones can add MP3-player functionality and appropriate software. The latter approach may be slower to roll out, but it will probably be the much more significant approach in the long run. --KH

...
 

We'll send you a brief daily summary of each day's stories with a clickable link to the RAIN home page.
Headline: "WSJ: Google's radio foray among its 'unsuccessful brainchildren'
From the Wall Street Journal: "There are many reasons to be skeptical about Google's newest initiative, to break into television advertising. They have names like d'Marc and Orkut, which are just two of the many unsuccessful google dmarcbrainchildren of the firm's skunk works and venture-capital-style deal making.

"Google's attempts to diversify — into radio advertising, online video and social networking — have flopped, leaving it dependent on its online ad business for nearly all its profits...

"Consider radio. Google purchased d'Marc last year for more than $100 million. It planned to use the firm's technology to automate the purchase of radio ads nationwide. But the effort was a disaster. D'Marc's founders fled the company. Radio industry titans feared Google's technology could usurp their relationships with major advertisersyou tube and reduce the profitability of radio ads. So Google has been relegated to selling bad time slots in small markets.

"Or look at GoogleVideo, a service launched with limited content two years ago... After it floundered, Google paid $1.65 billion for YouTube — which, despite being the main Internet video destination, lacked revenue. It also came with substantial legal liabilities in the form of copyright-infringement lawsuits...

"With the online ad market growing at more than 30% a year, and Google dominating the space, it may be able to pour money into these ventures ad infinitum. But unless some of them — such as its new effort to automate TV ad sales wsj on DishNetwork's 125 satellite channels — begin to pay off, the search giant's shareholders may re-evaluate the massive multiple they award the company."

Read the entire article at the Wall Street Journal.

 


 


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RAIN coverage of the 2002 CARP royalty rate ruling

Feb. 20, 2002 CARP rec.'s .07-cent fee for radio webcasts, twice that for 'Net only
Feb. 21, 2002 Industry reacts to CARP royalty rates for Internet broadcasts
Feb. 25, 2002 Industry still stunned by CARP arbitrators' recommendation.
Feb. 27, 2002 CARP arbitrators gave RIAA more than they asked for!
April 18, 2002 Mercury News editorial
April 22, 2002 Day of Silence announced
April 23, 2002 More support in Congress
April 25, 2002 Day of Silence is ON!
April 29, 2002 DOS in USA Today, NY Post
May 1, 2002 Day of Silence
June 20, 2002 Librarian Decision
June 24, 2002 Cuban on Yahoo deal
July 11, 2002 Labels to Net radio: Die Now!
October 1, 2002 Forbes coverage (scroll down)
November 15, 2002 Small Webcasters Settlement Act
December 16, 2002 Small commercial webcaster license
 
Upcoming conferences
April 14-19 NAB 2007: Las Vegas, NV
April 16 RAIN Las Vegas Summit '07: Las Vegas
April 24 Leadership Music Digital Summit: Nashville, TN
May 2

Future of Music Coalition D.C. Policy Day: Washington D.C.

September 26-27 NAB Radio Show: Charlotte, NC
October 13

IBS Webcast Conference: Seattle, WA

October 27 IBS Webcast Conference: Chicago
November 3 IBS Webcast Conference: Boston, MA
November 4-6 NAB European Radio Conference: Barcelona, Spain
December 1 IBS Webcast Conference: Fort Lauderdale, FL
December 8 IBS Webcast Conference: Los Angeles

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