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RAIN News Flash
Small webcasters group files court appeal on royalty rates
BY PAUL MALONEY

The law firm of Shaw Pittman LLP, on behalf of a group of webcasters led by ioMediaPartners (which owns and operates RadioIO.com) has filed a Notice of Appeal of the Copyright Office's final order setting rates for webcasting in the U.S. Court of Appeals for the D.C. Circuit. The deadline for parties affected by the ruling to appeal is today.

A total of 19 small commercial webcasters
, including Live365.com and Radio Free Virgin, are participating in the appeal.

Yesterday RAIN reported that the Intercollegiate Broadcasting Association (IBS), on behalf of its 700+ noncommercial education member stations, had filed its appeal the very day the Librarian's ruling was published in the Federal Register.

Additionally, RAIN received word this morning from a spokeman from the National Association of Broadcasters (NAB) that that organization would not be filing an appeal. The NAB sticks by its contention that the Digital Millennium Copyright Act (DMCA) does not make broadcasters that simulcast their over-the-air signals on the Internet liable for sound recording performance royalties (the latest in RAIN is here) -- and its assumed the organization will focus its efforts on this front.

The other webcasters party to the appeal are: Radioparadise, 3WK LLC (3WK Underground Radio), WolfFM, Discombobulated LLC (Ultimate80s), WebMedia Consulting Inc. (DigitallyImported), Chatmasters Streaming Network, Internet Radio Inc. (ChoiceRadio), INETprogramming Inc., SomaFM, Wherever Radio, All Bass Radio, Internet Radio Hawaii, Classical Detroit, flareSOUND, TheRockFM.com, and Pacific Internet Broadcast Services (HawaiianHits.com).

 
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Reprinted from today's early edition...
New technology will enable iBiquity "TiVo for radio"
BY PAUL MALONEY
iBiquity Digital announced yesterday that with their acquisition of technology and intellectual property of Command Audio Corporation, they will develop of a "Radio TiVo" of sorts for the digital radio platform.

What this means, according to a company press release, is radio content on-demand, including pausing and saving content for later listening.

iBiquity is the sole U.S. developer of the coming digital AM and FM broadcast radio format.

The release also promises the new technology will enable listeners to select programs via electronic guide and scan content, while "advertisers will be able to develop new messages which appeal to and connect with consumers, and content providers will have new tools with which to design innovative programming."

Broadcasters and programming producers have not been willing to accept the technology of digital television recorders like the TiVo and SonicBlue's ReplayTV (see screenshot at left). These groups say the technology's ability to skip over commercials and trade programming via the Internet infringe on copyrights. In fact, Hollywood studios have filed suit against SonicBlue.

It remains to been seen how broadcasters, whose revenue is dependent on advertising; and record labels, who have been characterized as unwilling to lend their content to new modes of distribution, will embrace the technology. The release gave no indication of when consumers might expect the technology to become available.

 


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Capitol streaming "a track a day" from forthcoming Coldplay album
BY PAUL MALONEY
In anticipation of the release of their new album "A Rush of Blood to the Head," alternative rock band Coldplay, and their recording label Capitol Records, are streaming "a track a day" to registered fans for free.

Beginning this past Monday, and through August 16, fans can go to the site www.arushofbloodtothehead.com and each day hear a stream of a different track on the album.

Additionally, Capitol is streaming the new single, "In My Place," for free on their site at www.hollywoodandvine.com. At the site, visitors can also listen to a streamed playlist "sampler" of new and catalog Capitol music in various formats.

The Coldplay album will be in stores on August 27.

Another band on the Capitol label, Radiohead, has seen significant success with streaming their new music online before delivering the album to stores.

 

Thanks to all the fine companies who agreed to be part of our recent "RAIN Vendor Guide (Ver. 2.0)" issue. You can see the entire Guide here. To be part of RAIN's Vendor Guide, please call 312-527-3879. (The "Domain name registrars" and "E-commerce partners" categories will be featured next time)


Custom music channels
The Iceberg
Iceberg Media.com's corporate radio channels provide a total broadcast solution featuring: Customized streamed audio, Creative and Strategic Consultation, Creative media player design, promotions, Ad insertion and more. Put your Web site and the power of music together, and your brand comes alive.
Moontaxi
Moontaxi provides programmed and on-demand licensed music, cleared for use on the Internet. We create custom web-only music channels that can be used to highlight certain programming segments or broaden the appeal of a radio station, as well as turnkey private label on-demand music services that can be monetized either through advertising or user fees.
RCS iSelector
Fully branded player, both visual and audio. Listeners create customized streams of your station's music, and can play artists MORE or LESS or BAN them based on their preferences. Visualizations of album art and links to your station's or any music warehouse.

XACT Media
XACT Media provides Branded Custom Internet Radio, Multimedia CD-ROMs, Instant Wireless Messaging and related revenue programs to radio stations, consumer brands and record labels/artists. Over 40 affiliates are using XACT Media services. Please call David Juris at 303-302-9410.

 

Wired series examines Clear Channel dominance, troubles
Over the past three days, Wired.com has published a three-part series on the rapid growth of Clear Channel Communications (most notably the radio division), the company's effects on the radio industry following 1996 ownership deregulation, and the recent tremors the company has felt as its stock price falls. The following is excerpted from all three installments.

Clear-Cutting radio forest
From Wired.com: "If you want to hear Aretha Franklin or Lauryn Hill or Metallica on the radio in San Diego, you have no choice but to tune to a Clear Channel station. The same goes for sports talk, local news and Rush Limbaugh...

"From Honolulu (seven stations) to Des Moines, Iowa (six), and Ft. Myers, Florida (eight), Clear Channel Communications dominates the dial across the country.

"But nowhere is its domination more prevalent than in San Diego. The world's largest radio company controls 14 stations there -- a half-dozen more than anywhere else in the United States -- and it still has room to grow by looking to the south...

"Over the past three years, Clear Channel programmers sacked San Diego disc jockeys and replaced them with voices from out of town, hoodwinked listeners by airing national contests as if they were local, and rolled out cookie-cutter radio formats designed elsewhere. Meanwhile, the company sweet-talked Mexican station owners across the border and tore through legal loopholes in order to build its mini-empire."

Read Part One of this series in Wired here.

(Your town here)
From Wired.com: "It's 11 p.m. Do you know where your favorite disc jockey is?..

"Odds are he's not around, so don't even think about calling the request line. The chances are pretty good that the man behind the voice lives in another time zone, appears on stations in four states, and picks up local color by reading newspapers online. He may even have taped his show last month then gone on vacation to some exotic locale he's never visited. Like, say, your town.

"Thanks to advances in audio technology and pioneering work by Clear Channel Communications, an epidemic of digital fakery has struck the radio industry. Only the listeners are live and local at many radio stations, and Clear Channel is gambling that nobody will notice. Or care...

"Meanwhile, the entire radio industry
is embracing the idea of pre-taped programming, especially outside the all-important 'morning drive' hours. In San Diego, the nation's 17th largest radio market, only two major music stations bother to broadcast live programming after midnight."

Read Part Two of this Wired series here.

Murky water
From Wired.com:
"From New Zealand to Norway, Clear Channel Communications has spread into radio, television, Spanish-language broadcasting, concert promotion, billboards and even satellite radio, the newest alternative to lame local stations.

"Not bad for a San Antonio company that only owned a few dozen radio and TV stations in 1995. But a funny thing happened on the way to world domination. Choppy seas have jolted Clear Channel this year, sending its head honchos into damage control mode.

"Few people think a giant wave of regulation will capsize Clear Channel, but some critics are daring to predict that Congress may act to limit its size...

"The best indications that Clear Channel is reeling come from its own top bosses, who have issued a flurry of defensive statements. 'The evil intentions attributed to Clear Channel are not true at all,' declared Randy Michaels (above), CEO of Clear Channel radio operations, in a speech at a radio industry convention in June, several weeks before he was transferred to become head of the company's technologies department."

Read Part Three of this Wired series here.

 

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

Salon looks at Clear Channel's woes in wake of Michaels's move
From Salon.com: "It's becoming harder and harder to stay the course at Clear Channel Communications. The multimedia and entertainment giant is the world's largest radio broadcaster, concert promoter and outdoor advertising firm, as well as a major player in the American television business. In the last year, however, Clear Channel -- well known for its hardball tactics -- has been hit with numerous antitrust lawsuits, petitions to the Federal Communications Commission and pending legislation on Capitol Hill.

"The recent distractions have became so intense that Clear Channel executives have been trying to silence some of the static. Most recently, Clear Channel president Mark Mays sent out a companywide e-mail assuaging employees, urging them to 'stay the course.'

"Yet two weeks ago Mays was the one who abruptly changed course when he announced that Randy Michaels, the powerful and controversial chief of Clear Channel's radio division, was stepping aside to take over Clear Channel's new technologies division.

"Mays claimed the move had been planned for a while, but observers, noting that no replacement was lined up to run the revenue engine that drives the $8 billion company, concluded the move may have been an abrupt one. Investors quickly punished Clear Channel. During the two days after the Michaels announcement, Clear Channel's stock lost 25 percent of its value, before rebounding somewhat. These days the stock, battered by a radio advertising recession and a sinking concert business, trades at around $24. Two years ago it flirted with $100."

See this new article in Salon here.

...
Silenced by royalties

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...)
All80s.com AudioCandy.com BlueMars.org
BrazilCast 1 & 2 Celtic Heritage Webradio Chez Whitey
Entercom stations Good Time Oldies Radio Greater Media stations
GrrlRadio HitRadio.biz Hot Hit Radio
IdahosCast.com KDFC/San Francisco KEOM/Mesquite
KGRK/Cedar Falls KKDV/San Francisco KKNX/Eugene
KKNG/Oklahoma City KKPT/Little Rock KKUP/Cupertino
KMGO/Centerville KOIT/San Francisco KPIG/Freedom
KTPW/Dallas KTRS/St. Louis KTXN/Victoria
KWXY/Cathedral City Lotus Radio stations McClure stations
Midwest Family stations Minion Radio MonkeyRadio.org
MoreMusicRadio.net MYNDFK.com NetRockRadio.com
NextMedia stations OnTheCorner.fm Perkigoth.com
PissMonkey Powerrocks.com Progrock.com
Psychedelic Time Warp Pulverradio.com RadioBoston.com
RadioCentral.com Radio Free Akron Radio Free BD
Radio Free Tiny Pineapple ReggaeTrain.com RKNA: Aural Arcana
SavageRockRadio.com Simmons Media stations SomaFM.com
StarDogRadio.com TagsTrance.com  
The City Radio therockfm.com  
TheVoice The Zoo UCLARadio.com
WAAF/Worcester Waitt Radio Network WCKW/La Place
WellsRadio.net WEST/Easton WGQR/Elizabethtown
WLUP/Chicago WMHB/Waterville WMMR/Philadelphia
WOVRadio.com WRLT/Nashville WRVG/Georgetown
WSBF/Clemson WYYB/Phoenix Yahoo! Radio stations
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.
KTAI-TX; KNHC-WA; KAPU-CA; WMUA-MA; WEBR-VA; WDCE-VA; KWJC-MO; WERS-MA; KTSW-TX; WSUM-WI; WSTB-OH; WONB-OH; WXOU-MI; WZIP-OH; WUTK-TN; KETR-TX; WRMC-VT; KSDS-CA; WNYU-NY; WSUW-WI; WEVL-TN; KRCL-UT; WSRN-PA; KXCI-AZ; WUVT-VA; KDHX-MI; WPTS-PA; KBCS-WA; WMHW-MI; KBVR-OR; KXRJ-AR; WDWN-NY
 
Upcoming conferences
Sept. 12-14, 2002 NAB Radio Show 2002: Seattle, WA
Oct. 1-4, 2002 Streaming Media East: New York, NY
Oct. 20-22, 2002 NAB European Radio Conference: Prague, Czech Republic
Oct. 30-Nov. 2, 2002 CMJ Music Marathon 2002: New York, NY
 

 

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