http://www.internetnews.com/bus-news/article.php/3674621

April 27, 2007
Bill Could Keep Internet Radio on The Air
By Roy Mark

Webcasters found possible legislative help Thursday in their
fight against a dramatic increase in music royalty rates,
but they still have no solution for Internet radio's most
pressing problem: the bills are due on May 14.

Earlier this month, the U.S. Copyright Royalty Board (CRB)
upheld a March 1 decision to nearly triple the royalty rates
for music played over Internet radio stations, retroactive
to January of last year. The first payments are due in three
weeks.

Reps. Jay Inslee (D-Wash.) and Don Manzullo (R-Ill.) filed
the Internet Radio Equality Act, which would vacate the CRB
decision and apply the same royalty rate-setting standard to
commercial Internet and satellite radio.

According to webcasters, the new rates will force them out
of business.

"This titanic rate increase is simply untenable for many
Internet radio broadcasters," Inslee said in a statement.
"There has to be a business model that allows creative
webcasters to thrive, and the existing rule removes all the
oxygen from this space."

But the legislative process takes time, which is running out
for webcasters.

"Webcasters face the decision as to whether to pay the
royalties or not pay the royalties," Jake Ward of the
SaveNetRadio coalition told internetnews.com. "If they
don't, they could get sued."

The Corporation for Public Broadcasting (CPB) has already
promised to press the issue in the courts if rate relief is
not granted. "We have said all along that we would actively
pursue [the case] in appeals court," Andi Sporkin, a
spokesman for CPB, said in an e-mail to internetnews.com
earlier this month.

Ward added that it still was possible webcasters and
SoundExchange, which negotiates and collects the royalty
rates for the music industry, could reach a settlement over
the rates. SoundExchange said last week it was "reaching
out" to the webcasters.

"Our continued outreach reflects our long-standing position
that these are two businesses -- webcasting and creating
music -- that are joined at the hip and that need each
other," John Simson, executive director of SoundExchange,
said in a statement. "We recognize that there may be certain
needs and expectations, as expressed by webcasters in recent
days, that might possibly be addressed through direct
discussions."

SoundExchange did not return calls for a comment.

Webcasters are also considering a "Day of Silence" on May 8
to underscore the issue for Internet radio listeners. The
protest could take several forms, Ward said, with some
stations "going dark" while others would play public service
announcements all day about the royalty rate hike. Still
others may host day-long discussions.

"The illogical and unrealistic royalty rates set by the CRB
have placed the future of an entire industry in jeopardy,"
Ward said in a statement praising the Inslee-Manzullo bill.
"The Internet Radio Equality Act is the last best hope
webcasters, artists and listeners have to keep the music
playing."

More info: http://www.kurthanson.com/archive/news/042607b/index.shtml


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