[webcast-l] Internet radio dealt severe blow as Copyright Board rejects appeal

[Bill Best]

Fwd:

Subject: Internet radio dealt severe blow as Copyright Board rejects appeal
From: Karl Hartland <karl at 209radio.co.uk>
Date: Wed, 18 Apr 2007 10:17:55 +0100

Things seem not-so-good for US netcasters all of a sudden.....

What might this mean for Europe and the UK, in the long run? For the US
it means non-profit/grassroots net broadcasters being financially
punished for being successful/good at what they do...oh yes, that'll be
providing an alternative to the mainstream maybe?

K

Karl Hartland
Director 209radio

Citylife House
Sturton Street
Cambridge
CB1 2QF

01223 488418
07968 898254


>>
>  Internet radio dealt severe blow as Copyright Board rejects appeal
> 
>http://arstechnica.com/news.ars/post/20070416-internet-radio-dealt-severe-blow-as-copyright-board-rejects-appeal.html
>>
>>
>By Eric Bangeman <http://arstechnica.com/authors.ars/I+Palindrome+I|
>Published: April 16, 2007 - 05:35PM CT
>>
>A panel of judges at the Copyright Royalty Board has denied a request
>from the NPR and a number of other webcasters to reconsider a March
>ruling
>http://arstechnica.com/news.ars/post/20070305-internet-radio-may-face-crippling-fees.should-xm-radio-and-sirius-be-alarmed.html
>that would force Internet radio services to pay crippling royalties.
>The panel's ruling reaffirmed the original CRB decision in every
>respect, with the exception of how the royalties will be calculated.
>Instead of charging a royalty for each time a song is heard by a
>listener online, Internet broadcasters will be able pay royalties
>based on average listening hours through the end of 2008.
>>
>      Related Stories
>>
>    * NPR fights back, seeks rehearing on Internet radio royalty
>      increases
>     
>http://arstechnica.com/news.ars/post/20070320-npr-fights-back-seeks-rehearing-on-internet-radio-royalty-increases.html
>>
>>
>>
>The ruling is a huge blow to online broadcasters, and the new royalty
>structure could knock a large number of them off the 'Net entirely.
>Under the previous setup, radio stations would have to pay an annual
>fee plus 12 percent of their profits to the music industry's royalty
>collection organization, SoundExchange. It was a good setup for the
>webcasters, most of whom are either nonprofits or very small
>organizations.
>>
>National Public Radio spearheaded the appeal
>http://arstechnica.com/news.ars/post/20070320-npr-fights-back-seeks-rehearing-on-internet-radio-royalty-increases.html,
>arguing that the CRB's decision was an "abuse of discretion" and
>saying that the judges did not consider the ramifications of a new
>royalty structure. Under the new royalty schedule, NPR will see its
>costs skyrocket.
>>
>The judges were unmoved by the webcasters' arguments. "None of the
>moving parties have made a sufficient showing of new evidence or clear
>error or manifest injustice that would warrant rehearing," wrote the
>CRB in its decision. "To the contrary... most of the parties'
>arguments in support of a rehearing or reconsideration merely restate
>arguments that were made or evidence that was presented during the
>proceeding."
>>
>SoundExchange is jubilant over the ruling. Executive Director John
>Simson called the CRB's ruling a victory for performing artists and
>record labels. "Our artists and labels look forward to working with
>the Internet radio industry---large and small, commercial and
>noncommercial---so that together we can ensure it succeeds as a place
>where great music is available to music lovers of all genres," said
>Simson in a statement.
>>
>Noble words, but after today's ruling---which will take effect on May
>15 unless the US Court of Appeals for the District of Columbia Circuit
>agrees to hear an appeal---there probably won't be much of an Internet
>radio industry left for SoundExchange to work with.
>>
>In a case of unfortunate timing, the SaveNetRadio coalition today
>launched a campaign
><http://www.savenetradio.org/latest_news/index.htmlto save Internet
>radio. Given the CRB's decision, it may be too little, too late.