The only part of the law I see as an out is this:
<<(d) Notwithstanding the schedule of rates and terms established in this part, the rates and terms of any license agreements entered into by Copyright Owners and services within the scope of 17 U.S.C. 112 and 114 concerning eligible nonsubscription transmissions shall apply in lieu of the rates and terms of this part.>>
I still haven't fully swallowed this paragraph, but I take it to mean that an artist can enter into an agreement with a webcaster, to have rates and terms, and that agreement would supercede this new reg.
BUT, I believe the webcaster still has to be able to prove what they played with proper records.
I'm still not 100% clear on whether this subverts the RIAA as collector and distributor of said "rates."
I'll say again: Read the regs for yourself:
http://www.copyright.gov/carp/webcast_regs.html
- Ken
kenzo@free-music.com
ken's last ever radio extravaganza
http://free-music.com/ken/extrav/
At 02:52 PM 6/24/2002 -0700, dj pie wrote:
quoted 26 lines another thing i would like to make sure of is that any and
>another thing i would like to make sure of is that any and
>all such agreements (permission slips, contracts, authorizations,
>whatever) include specifically that this agreement includes
>any retroactive fees, since CARP specifies that broadcasters
>are also responsible for fees going back to 1998.
>
>-rachel (dj pie)
>piesarenice.net
>--
><marklar> I cried that I had no lever, until I met a man with no fulcrum.
>
>
>
>On Mon, 24 Jun 2002, Lukas Bergstrom wrote:
>
> > Good idea, Mizz Summer.
> >
> > First: does anyone know if this is how it works? Could Warp or Force Inc
> > just issue a blanket "our music can be freely webcast"? Or have they
> > given some of their rights to negotiate this stuff to the RIAA somehow?
> > I'd be interested to see pointers to responsible legal opinion on this.
> >
> > Either way, labels willing to have their stuff webcast would pretty much
> > have a monopoly on net listeners. Ka-ching.
> >
> > Lukas
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