Corante

AUTHORS

Donna Wentworth
( Archive | Home | Technorati Profile)

Ernest Miller
( Archive | Home )

Elizabeth Rader
( Archive | Home )

Jason Schultz
( Archive | Home )

Wendy Seltzer
( Archive | Home | Technorati Profile )

Aaron Swartz
( Archive | Home )

Alan Wexelblat
( Archive | Home )

About this weblog
Here we'll explore the nexus of legal rulings, Capitol Hill policy-making, technical standards development, and technological innovation that creates -- and will recreate -- the networked world as we know it. Among the topics we'll touch on: intellectual property conflicts, technical architecture and innovation, the evolution of copyright, private vs. public interests in Net policy-making, lobbying and the law, and more.

Disclaimer: the opinions expressed in this weblog are those of the authors and not of their respective institutions.

What Does "Copyfight" Mean?

Copyfight, the Solo Years: April 2002-March 2004

COPYFIGHTERS
a Typical Joe
Academic Copyright
Jack Balkin
John Perry Barlow
Benlog
beSpacific
bIPlog
Blogaritaville
Blogbook IP
BoingBoing
David Bollier
James Boyle
Robert Boynton
Brad Ideas
Ren Bucholz
Cabalamat: Digital Rights
Cinema Minima
CoCo
Commons-blog
Consensus @ Lawyerpoint
Copyfighter's Musings
Copyfutures
Copyright Readings
Copyrighteous
CopyrightWatch Canada
Susan Crawford
Walt Crawford
Creative Commons
Cruelty to Analog
Culture Cat
Deep Links
Derivative Work
Detritus
Julian Dibbell
DigitalConsumer
Digital Copyright Canada
Displacement of Concepts
Downhill Battle
DTM:<|
Electrolite
Exploded Library
Bret Fausett
Edward Felten - Freedom to Tinker
Edward Felten - Dashlog
Frank Field
Seth Finkelstein
Brian Flemming
Frankston, Reed
Free Culture
Free Range Librarian
Michael Froomkin
Michael Geist
Michael Geist's BNA News
Dan Gillmor
Mike Godwin
Joe Gratz
GrepLaw
James Grimmelmann
GrokLaw
Groklaw News
Matt Haughey
Erik J. Heels
ICANNWatch.org
Illegal-art.org
Induce Act blog
Inter Alia
IP & Social Justice
IPac blog
IPTAblog
Joi Ito
Jon Johansen
JD Lasica
LawMeme.org
Legal Theory Blog
Lenz Blog
Larry Lessig
Jessica Litman
James Love
Alex Macgillivray
Madisonian Theory
Maison Bisson
Kevin Marks
Tim Marman
Matt Rolls a Hoover
miniLinks
Mary Minow
Declan McCullagh
Eben Moglen
Dan Moniz
Napsterization
Nerdlaw
NQB
Danny O'Brien
Open Access
Open Codex
John Palfrey
Chris Palmer
Promote the Progress
PK News
PVR Blog
Eric Raymond
Joseph Reagle
Recording Industry vs. the People
Lisa Rein
Thomas Roessler
Seth Schoen
Doc Searls
Seb's Open Research
Shifted Librarian
Doug Simpson
Slapnose
Slashdot.org
Stay Free! Daily
Sarah Stirland
Swarthmore Coalition
Tech Law Advisor
Technology Liberation Front
Teleread
Siva Vaidhyanathan
Vertical Hold
Kim Weatherall
Weblogg-ed
David Weinberger
Matthew Yglesias

LINKABLE + THINKABLE
AKMA
Timothy Armstrong
Bag and Baggage
Charles Bailey
Beltway Blogroll
Between Lawyers
Blawg Channel
bk
Chief Blogging Officer
Drew Clark
Chris Cohen
Crawlspace
Crooked Timber
Daily Whirl
Dead Parrots Society
Delaware Law Office
J. Bradford DeLong
Betsy Devine
Dispositive
Ben Edelman
EEJD
Ernie the Attorney
FedLawyerGuy
Foreword
How Appealing
Industry Standard
IP Democracy
IPnewsblog
IP Watch
Dennis Kennedy
Rick Klau
Wendy Koslow
Kuro5hin.org
Elizabeth L. Lawley
Jerry Lawson
Legal Reader
Likelihood of Confusion
Chris Locke
Derek Lowe
Misbehaving
MIT Tech Review
NewsGrist
OtherMag
Paper Chase
Frank Paynter
PHOSITA
Scott Rosenberg
Scrivener's Error
Jeneane Sessum
Silent Lucidity
Smart Mobs
Trademark Blog
Eugene Volokh
Kevin Werbach

ORGANIZATIONS
ARL
Berkman @ Harvard
CDT
Chilling Effects
CIS @ Stanford
CPSR
Copyright Reform
Creative Commons
DigitalConsumer.org
DFC
EFF
EPIC
FIPR
FCC
FEPP
FSF
Global Internet Proj.
ICANN
IETF
ILPF
Info Commons
IP Justice
ISP @ Yale
NY for Fair Use
Open Content
PFF
Public Knowledge
Shidler Center @ UW
Tech Center @ GMU
U. Maine Tech Law Center
US Copyright Office
US Dept. of Justice
US Patent Office
W3C


In the Pipeline: Don't miss Derek Lowe's excellent commentary on drug discovery and the pharma industry in general at In the Pipeline

Copyfight

« Do Schools Teach Legal Self-Defense? | Main | Yes, Call Congress to Ask for a Halt to Copyright Charges »

March 5, 2007

Copyright Office Set to Kill Web Radio

Email This Entry

Posted by Alan Wexelblat

Radio Paradise is begging for help. No, this is not the usual "please make donations so we can continue to be free" kind of request that RP and other listener-supported radio stations make This time it's "please stop the US Copyright Office from killing us."

For quite a while, digital (Web) radio has had to pay significantly higher performance royalty rates than analog broadcast services. In effect, analog radio gets for free what Web radio pays through the nose to stream. That has hampered the growth of the industry and stifled any number of free, independent and likely new creative Web radio initiatives. But it gets worse.

On March 1 of this year, the Board issued new rates and decided to base those rates on a "per play" computation scheme championed by (wait for it...) the RIAA. The computation itself is based off an assumption of mass audience and significant commercial revenue. If you're a big Clearchannel station the assumptions behind this new fee schedule make total sense.

However, if you're small/independent/not-for-profit or otherwise outside the big media mainstream, well, you're screwed. RAIN (Radio And Internet Newsletter) has a concise breakdown of the fee schedule, and agrees with RP's claim that the schedule amounts to over 100% of station revenues in a typical situation.

What can we do? I'm honestly not sure. I know that ratepayers affected by the Copyright Board's decision have a time period to appeal. RP asked for people to blog about it, digg it, make the public aware, and so I'm doing that. I don't see any obvious mechanism under which the Copyright Office is collecting citizen comments - perhaps a message from Congress is required?

Comments (7) + TrackBacks (0) | Category: Laws and Regulations


COMMENTS

1. Another Kevin on March 5, 2007 7:32 PM writes...

What to do? Look to history.

Back in the dawn of radio, ASCAP demanded royalties that few if any radio stations could afford. The radio stations responded, "fine, ASCAP, take your hits and put them where the sun don't shine." They booked independent artists and formed a new collecting society, "Broadcast Music Incorporated (BMI)." ASCAP found that its artists got no radio play, and BMI's artists got much better record sales. Eventually, ASCAP was forced to agree to today's system of compulsory licensing.

I foresee Web radio doing the same thing; artists that consider obscurity a far greater evil than piracy will be eager to sign with a putative Digital Artists' Collecting Society (or even release their works under Creative Commons?). Outfits like Radio Paradise will suffer short-term from not being able to play the current hits, but in the long run, Internet radio will make the hits.

Unfortunately, the MAFIAA is so very greedy that I see what I've described as the best possible outcome. I'd also speculate that the MAFIAA may get its way through the use of a "DRM imprimatur" - require all playback devices to verify the digital signature of material to be played (to guard against piracy, of course!) and make signing keys available only to the big labels. Outlawing playback devices that can handle the work of independent artists is, I'm sure, the record executives' dream. I can see it coming true.

Permalink to Comment

2. Maco on March 15, 2007 5:25 PM writes...

Surely you could just move your host to a sensible country. US internet radio gets global listeners. As do UK, Rusiian, Austrian, etc.
This seems a pointless excersise.

More backwards legislation.

Permalink to Comment

3. valintine on March 16, 2007 11:39 PM writes...

yes rp...canada loves you come here

Permalink to Comment

4. travisty on March 20, 2007 9:37 AM writes...

sounds to me like webcasters have an obsolete business model and should consider evolving to something that works better if they want to survive...

;)

Permalink to Comment

5. peterg22 on March 25, 2007 3:57 AM writes...

You don't make it any easier do you? Okay, so i'm sitting here in Woking, UK (England) listening to internet radio. I love it. I seriously don't want to lose it. Don't force me to listen to 24 hours of pure unadulterated PAP that our broadcasting services pump out.

But can I sign the petition?

> Eligible signatories: U.S. citizens & legal residents

Sometimes words fail me. The world does not end at Ellis Island, and the Internet extends around the rest of the world.

Permalink to Comment

6. peterg22 on April 25, 2007 3:11 PM writes...

Still no word from anyone. How disappointing. Obviously the world does end at Ellis Island. You can rest assured though that I have been listening to Internet Radio again lately, just not American stations.

Permalink to Comment

7. Bob on February 19, 2009 1:02 PM writes...

I am totally sold on WPRR 1680 AM. Anyone in the Grand Rapids area should tune into their programming and give them a listen. It’s the replacement for the old Radio Disney, but the new format is pretty amazing, especially considering the standard fare that we get from radio broadcasts in Grand Rapids. Anyway, they have a streaming cast on their page at http://www.publicrealityradio.com. They’ve got great educational, progressive programming that is both locally produced and taken from the Pacifica Radio network from around the country. A friend of mine suggested I tune into the “Infidel Guy”, who I guess is pretty popular for his podcasts online, but it was surprising to find such content being broadcast over the air in Grand Rapids, Michigan of all places. Agree or disagree with the opinions, it is refreshing new content for listener supported radio in West Michigan.

Permalink to Comment

POST A COMMENT




Remember Me?



EMAIL THIS ENTRY TO A FRIEND

Email this entry to:

Your email address:

Message (optional):




RELATED ENTRIES
Music Business for 21st Century Independent Artists
Net Neutrality? Still Could Be Kept
Hey, Look, E-Books Still Suck
Makers, Fan Art, Making it Pay
IP Analogy to Physical Property (in Architecture)
That Sound You Hear is the Anti-Neutrality Dam Breaking
Having (Mostly) Failed with Authors, Amazon Makes a Pitch for the Readers
And No Kill Switches, Either