This is going to have interesting implications for Community Radio.

In May 2008, the Supreme Court had ordered the hitherto somnolent *Copyright
Board *to take a decision regarding music royalty for FM radio. Since
India's copyright policy was apparently framed by Dick Turpin, the music
industry holds our radio channels to ransom, skimming off a reported 18% of
their revenues as music royalty. This is worse than it sounds because --
thanks to a flat rate for all FM channels -- the smaller stations, in 'C'
and 'D' category towns, are probably handing over half their profits to the
music industry.  (Internationally, music royalty for commercial radio is
typically about 2% of net revenue).

PPL & IPRS were also squeezing community radio for up to Rs.200,000 a year
-- on a deal brokered by some mysterious, well, broker -- for the privilege
of playing Bollywood Top 20 two hours a day.

I've asked the I&B Ministry if the Copyright Board's ruling applies to CR as
well (as it should) and assured them that we'd be happy to pay 2% of our net
revenue, such as it is, as music royalty. (Since we'd have to earn Rs.1
crore per year to pay Rs.2 lakhs as royalty, as we do today, 2% revenue
share would be a considerable improvement. Actually, going by international
practice, we have a strong case for making music on CR royalty-free).

Now, what are the implications for CR? Would CR stations -- especially the
urban ones -- be thrilled at the prospect of playing Himesh Reshammiya from
dawn till dusk, for this affordable fee? Would the 2% revenue-share tempt
many dodgy 'NGOs' and 'educational institutions' to use CR as a backdoor
entry into commercial radio? Could we have a cap on the percentage of
commercial music that CR stations play every day?

Before we place an order for more CD racks, let's assume that -- even as I
write this -- the bully boys of PPL / IPRS and that embodiment of copyright
virtue, T-Series, are busy filing an appeal against the Copyright Board
recommendations in the nearest High Court.

Sajan
---------

*Copyright Board goes for revenue share solution on radio-music industry
royalty issue*
26 Aug 2010, Radioandmusic.com

MUMBAI: They have been sparring for a couple of years, waiting for the
referee to reach a decision. Today, the Copyright Board reportedly announced
that it had recommended  that the royalty payable by FM radio stations to
the Indian Music industry would be a share of 2 per cent of net advertising
revenues, a departure from the current practice.

Currently, the arrangement is that FM radio stations  pay music labels on a
per hourly basis for music played out on  air. This is fixed at  Rs 850 per
hour irrespective of the geographical region. Of this,  Rs 660 per needle
hour is  collected by the Phonographic Performance Ltd (PPL). The government
had  fixed the tariff in 2001 with no rate revision since then.

The FM radio broadcasters coughed out Rs 1.2 billion, or 18 per cent of
their net ad revenues, as music royalty in FY'10, according to industry
estimates. A two per cent share, as the Copyright Board has directed now,
would mean the music companies would have taken away just Rs 140 million in
FY'10.

Earlier this year, the Supreme Court had given the Copyright Board four
months to resolve the music royalty spat. It had asked both the radio and
the music fraternity to file evidences supporting their stand on the royalty
issue.

Experts from the industry believe that the order is skewed in favour of
radio and the FM industry is not complaining. Says a radio industry insider,
"The move will definitely be welcomed by the radio industry. It is an
encouragement and will  push it to the  next level. especially since phase
III is on the anvil."

Big FM business head Soumen Ghosh Choudhury said, "We haven’t received any
official communiqué on this from the Copyright Board as yet and hence need
to understand it  clearer. But prima facie it does seem like a very positive
move. Music royalties have  been an issue for a while now and this is sure
to bring US some respite. If the music royalty issue is really  sorted out,
it will further fuel phase III growth for FM  and allow broadcasters to
deepen their footprint while offering advertisers greater reach."

BAG Films and Media CMD Anurradha Prasad: "The music royalty cost used to be
a huge drain. A two per cent revenue share will actually be a big help for
radio broadcasters in smaller towns who were burdened with a heavy payout to
music companies."

Music  labels refused to comment on the new settlement since they still
hadn't  received the order from the Copyright Board. Talking to
Radioandmusic.com South music label Inreco's director SL Saha said, "Since
we haven't received the order we are not in a situation to comment. But
prima facie we are not too happy with the settlement."

Keep watching this space for further developments.

http://www.radioandmusic.com/content/editorial/news/copyright-board-goes-revenue-share-solution-fm-radio-music-industry-royalty-issue#story
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