sorry if I forwarded twice.. please direct all complaints about this
nonsense to the appropriate office(s).
---------- Forwarded message ----------
Date: Wed, 20 Feb 2002 21:23:58 -0500 (EST)
From: Paul Jones
Subject: Death to WebRadio: proposed webcast reporting rules and more
http://www.radiohorizon.com/index.php3?fcn=displayarticle&id=2424
Broadcasters Outraged over Proposed Reporting Rules
Tuesday February 19, 2002
The Copyright Office has published its notice of proposed rulemaking
regarding the recordkeeping and reporting standards around streaming and
internet radio initiatives.
Broadcasters, to say the least, are stunned as the Copyright Office
followed almost to the letter the RIAA's wish list. Under the proposed
rules radio stations, internet stations, and satellite companies would
have to report the following information about every streamed program:
A) The name of the service
B) The channel of the program (AM/FM stations use station id)
C) The type of program (Archived/Looped/Live)
D) Date of Transmission
E) Time of Transmission
F) Time zone of origination of Transmission
G) Numeric designation of the place of the sound recording within the
program
H) Duration of transmission (to nearest second)
I) Sound Recording Title
J) The ISRC code of the recording
K) The release year of the album per copyright notice and in the case of
compilation albums, the release year of the album and copyright date of
the track
L) Featured recording artist
M) Retail album title
N) The recording Label
O) The UPC code of the retail album
P) The catalog number
Q) The copyright owner information
R) The musical genre of the channel or program (station format)
And a listener's log listing:
1) The name of the service or entity
2) The channel or program
3) the date and time that the user logged in (the user's timezone)
4) the date and time that the user logged out (the user's timezone)
5) The time zone where the signal was received (user)
6) Unique User identifier
7) The country in which the user received the transmissions
All of this information and more would be required to be in a specific
data file format and reported.
Broadcasters are outraged because this would be a tremendous burden and
involves collecting information that they just don't have. The RIAA states
that the information is easily obtainable and that they have several
licensees currently reporting this level of information.
Comments on the proposed rules are due by March 11.
http://www.kurthanson.com/index.asp
CARP, the Copyright Arbitration Royalty Panel, which is the body appointed
to recommend a copyright royalty rate for music streamed on the Internet,
has finally released their conclusions. These
<
http://www.kurthanson.com/images/logos/USCopyrightOffice-logo_hor.gif>
rates, if adopted by the Copyright Office, will be what webcasters will
have to pay (according to the Statuatory License) to record labels to use
their music.
The table below was taken from the U.S. Copyright Office site here, and
lists the basic fees. Unfortunately, there is very little by way of
explanation of the terms. Look for that in the second part of the CARP
findings (RAIN hears that the "Schedule B" release will come on Monday).
It appears that commercial braodcasters, to stream their over-the-air
signal on the Internet, will pay a royalty at about half the rate (0.07
cents) of an Internet "pure-play" webcaster (0.14 cents). In other words,
Spinner.com will pay at double the rate of WLUP-FM/Chicago. But the table
leads to some confusion here: To what does entry 1.(a) refer? We're
unclear as well as to what "Business Establishment Service" is.
Note that "per performance" means "per song/per listener." In other words,
every time one person hears one song, that's a performance. If twelve
people listen to your webcast of twelve songs, that's 144 performances
(we'll do some more math later).
"Ephemeral" recordings, you may remember, are backup or "cached" copies of
the same song (used to facilitate streaming, etc.). We're assuming this
nine percent pays for the right to use them.
Note the minimum fee per license has been set at $500.
[a very helpful table follows at the RAIN site. URL above. - p]
For the Copyright Arbitration Panels (CARP) site
http://www.loc.gov/copyright/carp/
http://www.loc.gov/copyright/carp/webcasting_rates.html
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