From USA Today:
"The new head of America
Online's beleaguered Internet service outlined a turnaround
plan Thursday that
features soothing offended advertisers, reinventing content on the
service and slowly building subscription services.
"'First, we need to put the sizzle
back in the brand,' says Jimmy de Castro,
a shoot-from-the-hip former radio industry mogul. 'We need to go
back to a member focus.'..
"De Castro said he is toning down the mania for cutting
the kind of hardball ad deals that fueled AOL growth, but also alienated
some advertisers, and some members.
"Says de Castro, 'For the last several years, the company
has focused on deals. It's been, "Let's do pop-up advertising,
and I don't care what (members want), I've got to sell you merchandise."
We've totally changed that process. We're focused on member satisfaction.'
"(AOL is) also building an audience for music, games
and movies that it plans to offer by subscriptions in the next year
or two.
"'This is the HBO model. You go there for "Sex and the
City." "The Sopranos." I want you coming to us for
something. I don't care what it is.'
"Nearly forgotten in the hand-wringing about America
Online's falling subscription growth and anemic
advertising sales is a 2-year-old company vow to unearth fresh revenue
through premium services...
"But company executives, led by Jimmy
de Castro, the new president of AOL Interactive Services,
are quietly cultivating an audience for music and other premium
services...
"AOL is slowly building an audience for AOL's year-old
free music services...'The premise is to build a large, actively
involved audience,' says Kevin Conroy
[pictured], head of AOL's entertainment group.
'Over time, we can begin to convert our audience to sales.'
"The gregarious de Castro also says he's supplying sorely
needed leadership. 'Morale was bad,' he says.
"This is where de Castro's knack for showmanship comes
in. When he built an empire of 400 radio stations, he occasionally
brought a dummy in a green suit to his advertising calls as an attention-getter.
"Now, he leads a stationary bike class at 7 a.m. each
day. 'This morning, I told them we're going to kick MSN's a — -
and kick Yahoo's a — - because we're going to do things better.'"
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Last week, USA Today featured coverage
of the crisis in Internet radio with two articles, "Royalty
Fees Killing Most Internet Radio Stations," (excerpted, with
a direct link, in RAINhere),
and "Mourning the End of Small Net Radio Sites" (in RAINhere).
Joel R. Willer is an assistant professor of Mass Communications
at the University of Louisiana at Monroe, where he also serves as
general manager of the student radio station KXUL-FM. He shared
with RAIN this response to the editors of USA Today.
BY
JOEL R. WILLER
Thank you for your reporting of the controversy surrounding
new royalty fees to be paid by Webcasters and radio stations retransmitting
music over the Internet. Listeners are only just beginning to be
made aware of the very real probability that the overreaching Digital
Millennium Copyright Act will lead to the demise of nascent Internet-based
radio stations.
In your article "Royalty fees killing most Internet radio
stations," the Recording Industry Association of America's Hilary
Rosen [below right] continues to perpetuate the deliberately
misleading tactics of the major recording labels: "Rosen contends
that most college stations won't owe more than $500 a year. 'Given
our problems with digital piracy on university servers, it is almost
comical that they have the nerve to complain about $500,' she says."
While Rosen finds the issue comical, I find her intentional
obfuscation to be pathetic. Her comment quoted in your article is
a blending of two totally unrelated
matters. Peer-to-peer music file sharing has absolutely
nothing to do with real time audio streaming by Internet
radio stations, as Rosen well knows.
She also knows that she has sympathy from Congress -- if
not from the public at large -- on so-called music piracy through
online file sharing, so she continues to attempt to solidify the
RIAA's weak position on
Internet audio streaming by inappropriately equating this use of
technology with file sharing.
The major recording labels, through the RIAA, should not
be allowed to extract a few pounds of flesh from college radio stations
in retribution for computer users' unrelated music file sharing.
Rosen obviously thinks they should.
Rosen strives to trivialize the $500 minimum annual royalty
payment established by the June 20th decision by the Librarian of
Congress. In the case of my institution's noncommercial educational
radio station, KXUL, that
fee effectively represents more than 5,500%
of the royalty we already pay composers annually, on a per-listener
basis, for our over-the-air transmission of the very same music.
Congress has historically held that recording owners, as
represented by the RIAA member labels, receive a great promotional
benefit through radio airplay, which has been long recognized as
driving record sales. Although music composers do not similarly
profit through radio performances, they are paid at an effective
rate much lower than recently established in the Librarian's ruling
for the recording owners and performers.
Additionally, your article "Mourning the end of small Net
radio sites" sets up another of the incongruities originating from
the recording industry camp: "Says John
Simson [right], who runs the RIAA-backed SoundExchange
royalty collection agency, 'The irony is that the big guys used
the little Webcasters to get the rate cut, but according to them
it doesn't help at all. Fact is, the rate is very low for the larger
services that can afford to pay.'"
While Simson accuses the large Webcasting interests such
as Yahoo! of using small commercial Webcasters to manipulate the
process through the Library of Congress, the major recording labels
represented by the RIAA are themselves using "little guy" recording
artists to front an emotional campaign with Congress and the public.
If musicians anticipate receiving significant royalties once SoundExchange
deducts "reasonable costs incurred in the collection and distribution
of the royalties...and a reasonable charge for administration,"
as the rules adopted by the Librarian of Congress allow, the artists
should tally the illusory compensation they currently receive under
recording contracts with these same corporate music labels.
Last week I made a second trip to Washington in an effort
to communicate to the Copyright Office and to members of Congress
the likely devastating impact the implementation of the DMCA will
have on college and university broadcasters on the Internet. I also
met with Simson and RIAA Senior Vice President Steven
Marks in an effort to open a dialogue with the copyright
owners.
Listeners now need to be told of the variety they will soon
lose unless they act immediately to protect their choices on the
Internet.
From the Wall Street Journal: "Satellite broadcaster
Hughes Electronics Corp.'s DirecTV
unit, looking to rev up subscriber growth
for its money-losing Internet offerings, is expected to announce
a venture offering a wide range of online digital music in partnership
with Listen.com.
"The alliance slated to be announced Wednesday applies
only to subscribers to DirecTV Broadband, a struggling and still-small
niche of Hughes's overall business that provides services over digital
telephone lines instead of via satellites. The joint venture will
give those customers access to a broad array of streaming
music on demand or Internet
radio stations. If it is successful, Hughes hopes the
initiative will help kick-start other Internet services, ranging
from photo management to video on demand.
"Although commercial Internet music services haven't
gained much of a following, Listen.com, of San Francisco,
recently became the first company with a subscription music service
to license songs from all five
major record labels...The free services also allow users to record,
or 'burn,' songs onto compact discs, a feature Listen.com doesn't
offer for its most popular music."
Read this complete story in today's Wall Street Journal,
or online here (subscription required).
... Here is a growing list of webcasters
who, because they don't feel they can manage webcasting royalties
in a viable business, have decided that it's in their best interests
to silence their streams. (We thank them for their hard work
and dedication to their audiences and the industry, and wish
them luck in their future endeavors...)
Have
we missed others? Use the feedback form above or e-mail
us here.
Public stations
now off line
This is from the SOS:
Save Our Streams website, which focuses the struggle
against thewebcasting royalty rates as they pertain to independent
educational and noncommercial stations.