The Music Nazis
You can play their music...but you gotta pay...and pay... and pay!
The British version of the RIAA!
A car repair firm is taken to court accused of infringing musical copyright because its employees listen to radios at work.
< http://news.bbc.co.uk/go/em/fr/-/1/hi/scotland/edinburgh_and_east/7029892.stm >

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Posted by Wyatt Cox at 10/9/2007 1:49 PM | View Comments (0) | Add Comment | Trackbacks (0)
AFTRA Applauds Decision Upholding Royalty Rates for Recording Artists
From http://www.aftra.com/press/pr_2007_04_16_crb_royalty_rates.html

LOS ANGELES, CA (April 16, 2007)—The American Federation of Television and Radio Artists praised the decision today by the Copyright Royalty Board denying webcasters' request for a rehearing on the ruling that set payments to artists for use of sound recordings on the Internet.

"AFTRA recording artists applaud the Copyright Royalty Board for upholding their decision on Internet radio," said Kim Roberts Hedgpeth, AFTRA National Executive Director. "When artists perform music, they create a product. They deserve to be paid fairly for the use of the creativity, talent, and hard work they put into making that product. Internet radio is growing and successful because fans want to listen to the music created by artists. The CRB's decision recognizes that as these businesses grow, both featured and non-featured artists should be compensated at fair market rates for their contributions to the growth of these services."

The ruling—handed down by the Copyright Royalty Board, a three-judge panel appointed by the U.S. Copyright Office—upholds royalty rates from 2006 to 2010 that Internet webcasters such as AOL and Yahoo have to pay artists and labels for the use of their music. 

AFTRA represents royalty artists and session singers who work with more than 1,200 recording companies, including the four major labels—Sony/BMG, Warner, EMI, and Universal Music Group—and most of their subsidiary labels through the AFTRA Sound Recordings Code, a nationwide agreement in place since the early 1950s.


Thanks to Mark Shannon at http://www.980woq.net


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Posted by Wyatt Cox at 5/10/2007 8:42 PM | View Comments (0) | Add Comment | Trackbacks (0)
Congressman Introduces 'Internet Radio Equality Act'
Rep. JAY INSLEE (D-WA) today introduced "The Internet Radio Equality Act," which would reverse the MARCH 2 ruling by the COPYRIGHT ROYALTY BOARD (CR that increased the fees webcasters pay to play music online.

If passed, the bill would vacate the CRB's decision and set a 2006-2010 royalty rate at the same level currently paid by satellite radio services (7.5% of revenue); reset the royalty rules for noncommercial radio such as NPR stations that offer Internet radio music; and change the royalty rate-setting standard used in royalty arbitrations, so that the standards applying to webcasters would align with the standard that applies to satellite radio royalty arbitrations.

"Since the CRB's MARCH 2 decision to dramatically and unfairly increase webcaster royalty rates, millions of Internet radio listeners, webcasters and artists have called on Congress to take action," said SAVENETRADIO's JAKE WARD. "Today Congress took notice, and we thank Mr. INSLEE for leading the charge to save music diversity on the Internet. This bill is a critical step to preserve this vibrant and growing medium and to develop a truly level playing field where webcasters can compete with satellite radio. The Internet Radio Equality Act is the last best hope webcasters, artists, and listeners have to keep the music playing."

Late today, NAB Exec. VP DENNIS WHARTON said, "NAB is reviewing details of Rep. INSLEE's bill, which would overturn the COPYRIGHT ROYALTY BOARD's disappointing decision to dramatically raise fees for companies that stream music over the Internet. We will work with CONGRESS to craft a solution that helps ensure the survival of a fledgling audio platform."

And NPR VP/Communications ANDI SPORKIN called the bill a "fair" resolution, pointing out that copyright law on the books since 1976 "has recognized that public radio has a very different mission from commercial media and cannot pay commercial-level royalty rates."

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Posted by Wyatt Cox at 4/26/2007 9:00 PM | View Comments (0) | Add Comment | Trackbacks (0)
Ars Technica: NFL fumbles DMCA takedown battle, could face sanctions
http://arstechnica.com/news.ars/post/20070320-nfl-fumbles-dmca-takedown-battle-could-face-sanctions.html

Though this isn't technically about the CRB, it shows how some people don't get the DMCA and it can bite them in the behind....

Hopefully this will also give us a court ruling that preserves "fair use"...

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Posted by Wyatt Cox at 3/20/2007 10:25 PM | View Comments (0) | Add Comment | Trackbacks (0)
Giving back to the RIAA....Thanks Bob!

Contact Person:  Matt DuBiel

Company Name:  9 FM Radio Chicago | Newsweb Radio Company

Telephone Number: 773-767-0140

Email Address: matt@weplayanything.com  

 

FOR IMMEDIATE RELEASE:  (March  20th, 2007)

 

“We’re Banning CD Give Aways On Our Air”

 

CHICAGO IL – Records and CDs have long been expected as prizes by radio listeners along with station t-shirts, until now.  In what appears to be an act of solidarity with SoundExchange and the RIAA, 9 FM Radio in Chicago will no longer give away any free music.  “When I read that the RIAA and SoundExchange needed money so badly that they were going to price gouge independent web streamers and radio stations who stream online, I knew we had to do our part.”, said Matt DuBiel, Director of Programming for 9 FM.  “In the face of the RIAA’s struggles, it just doesn’t seem fair for us to be giving away CDs (for free) to music fans fully capable of paying for the music themselves.  We’re inviting everyone who has won a CD from 9 FM or any other radio station in Chicago this year, to return it to us and we’ll exchange it for a 9 FM T-shirt and give the CDs back to the RIAA.  Radio stations need to be able to stream online affordably.”

 

9 FM has been airing public service styled announcements encouraging listeners to voice their concerns over the latest ruling by the Copyright Royalty Board (to raise streaming royalty fees) by signing a petition posted on 9 FM’s website.  The CRB is adopting the “ ‘per play’ rate proposal put forth by SoundExchange (a digital music fee collection body created by the RIAA)...[The] math suggests that the royalty rate decision — for the performance alone, not even including composers' royalties! — is in the in the ballpark of 100% or more of total revenues.'” 9 FM currently pays royalty fees (thousands of dollars per month) supporting the writers, publishers and artists in the music industry. 

 

Newsweb Radio Company’s 9 FM trimulcasts on 92.5 fm (WDEK), 92.7 fm (WKIE), 99.9 fm (WRZA) and streams online at WePlayAnything.com….for now.

 

 

###

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Posted by Wyatt Cox at 3/20/2007 2:52 PM | View Comments (1) | Add Comment | Trackbacks (0)
Who's in charge at Soundexchange?
John L. Simson, Executive Director of SoundExchange®, has been involved in the music industry since his 1971 signing with Perception Records as a singer/songwriter. His career has included a ten-year partnership in Studio One Artists, managing country superstar Mary Chapin Carpenter (1988-1995), Steve Forbert (Geffen), Jonell Mosser (MCA), Mike Henderson (RCA) and others. Simson has practiced entertainment law since 1980, and most recently was of counsel to the firm of Berliner, Corcoran & Rowe from 1990 through 1999. Simson joined SoundExchange in March of 2000 and was named its Executive Director in June of 2001.

Barrie Kessler is a 15-year veteran of database design and integration, having served as principal consultant for numerous national and international corporations, including many within the U.S. sound recording industry. Ms. Kessler is a seasoned professional in virtually all aspects of database applications from conceptual design to final production.

VP of Operations
Kris Patton

Information Systems and Technology Director
Marc D. Hines

Director of Artist-Label Relations
Neeta Ragoowansi

Controller
Anjula Singh

Communications Director
Willem Dicke




SoundExchange Board

Alasdair McMullan - EMI
Andrea Finkelstein - Sony BMG
Cary Sherman - RIAA

Daryl P. Friedman - Recording Academy*
Dick Huey - Matador Records*
Richard Bengloff - American Association of Independent Music

Jay L. Cooper, Esq. - Recording Artists' Coalition (RAC)*
Jay Rosenthal, Esq. - RAC*
Kim Roberts Hedgpeth - AFTRA
Michael Hausman

Michael Ostroff - UMG
Patricia Polach - AFM

Patrick Rains

Paul Robinson - WMG
Perry Resnick - Music Manager's Forum-U.S.*
Steven M. Marks - RIAA*

Tom Silverman - Tommy Boy Entertainment LLC*
Walter F. McDonough, Esq. - Future of Music Coalition (FMC)*

*For identification purposes only

In other words, as best as I can tell, (former and current) music label execs, managers, and computer geeks, with not one person who understands broadcasting or webcasting.  Let them walk a mile in our shoes....

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Posted by Wyatt Cox at 3/20/2007 2:25 AM | View Comments (0) | Add Comment | Trackbacks (0)
AP: Broadcasters Challenge Streaming Rules
http://biz.yahoo.com/ap/070319/internet_radio.html?.v=1

Also at http://www.wbt.com/news/detail_ap.cfm?ap_id=D8NVSA6O0

and at http://www.businessweek.com/ap/financialnews/D8NVSA7G0.htm

(AP links tend to die off)...

In summary, broadcasters and webcasters big and small are apparently set to fight this thing tooth and nail. 

Soundexchange, though, made the most foolish statement, claiming that "rapid growth in advertising revenues from online music broadcasting would more than allow webcasters to cover the new fees."

"SoundExchange pointed to research finding that those ad revenues grew from $50 million in 2003 to $500 million last year."


Except the number of webcasters grew far more than ten times, didn't it....

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Posted by Wyatt Cox at 3/20/2007 2:15 AM | View Comments (0) | Add Comment | Trackbacks (0)
Webcasters Slam into Royal(ty) Pain
From the Washington Post - thanks to Rick at Stop and go radio!

http://blog.washingtonpost.com/rawfisher/2007/03/webcasters_slam_into_royalty_p.html

This points out that the hobbyist, small commercial, and most of the medium commercial webcasters cannot afford these outrageous rates. 

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Posted by Wyatt Cox at 3/18/2007 12:17 PM | View Comments (0) | Add Comment | Trackbacks (0)
Welcome to the site that exposes the "Rights" organizations...the Music Nazis!
The Music Nazis are at it again...

Those wonderful people who lead to nearly bankrupting Internet radio once are ready to do it again.  This time they're out to sink virtually all Internet radio.

Contrary to popular belief, playing records on the radio or on the Internet isn't free.  Broadcasters and Webcasters have to pay huge amounts of money to licensing firms for the privilege of promoting someone's music. 

Over the air radio stations generally pay a percentage of their gross revenues. Not so for Internet Radio, which according to the mandates of the Copyright Royalty Board, a division of the Library of Congress, webcasters will have to pay per song and per listener.  A minimum of $500 per year for the smallest webcasters, and that amount can skyrocket to hundreds of thousands for the most popular sites. 

To call this decision unpopular is the biggest understatement since we read HW's lips and found out just how truth challenged he was!  But not just among the "usual suspects".  Everyone from virtually every online broadcaster, terrestrial radio stations, even syndicators and hosts like myself realize just how much this can cost them in the long run.  The big National Association of Broadcasters found itself allied with National Public Radio which found itself allied with, of all people, Rush Limbaugh. 

Do I think that performers and composers should benefit from their works?  Absolutely.  But how does it benefit performers to have their work suddenly not available through the hundreds of legitimate webcasters willing to pay a reasonable stipend for the right to promote their works?   Further, by driving the legitimate webcasters out of business, the CRB decision will drive the webcasting industry undergroud where they'll be unable to secure any revenue for the artists.  Is that in the artist's best interests? 

Now here's the real question...

What about Myspace?  Numerous artists have posted pages there with clips of their music.  Will they be required to pay-for-play as well?  After all, they are profiting from their own works? Why shouldn't they pay?  What about streaming media on an artist's own web site?  Pay-for-play? 

And how much of this money will "trickle down" to the artists after the bureaucracies take their pieces of the pie?  Very little in all reality.  Ask any composer how much their ASCAP, BMI, or SESAC checks are, and you'll get the answer.  These "rights" organizations do little to benefit their composers in the long run but profit their big salaried executives.  Will the CRB be any better?  Not hardly.

Enjoy free internet radio while it lasts.  Unless wiser heads prevail, it won't last for long.  And that's truly sad. 

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Posted by Wyatt Cox at 3/16/2007 8:04 PM | View Comments (2) | Add Comment | Trackbacks (0)