Michael Hughes wrote:
> I have heard nothing in the last couple of months.
>
I sincerely doubt that there will be any real progress on the royalty 
issue in the near term. In fact unless a wall cracks I don't see any 
real action for 2008, The bill(s) in Washington are going to find out 
how good Washington is at lip service while proceeding forward at about 
the same pace as crude oil running uphill in Alaska in the month of 
January. It is an election year and while having done some additional 
checking at various websites, I haven't seen or heard, anything at any 
of the presidential wannabes websites that could potentially lend some 
speed to these bills being pushed harder.


As to resolution between the major music houses and the terra 
broadcasters, well, there is more opportunity here. Working in 
SoundExchange's advantage is this soft economy. Radio really would like 
to see this drag out. I do believe that most radio exec's recognize that 
they will begin to pay performance royalties in the very very near 
future, just as they are suppose to for their ever increasing web 
streams. Keeping that in mind, you are gonna see even more consolidation 
especially in the smaller markets. Why? Costs are going to increase due 
to those royalties whatever they become. Business models will have to 
adjust. And with even fewer organizations to negotiate with, resolution 
becomes a bit easier to achieve. Smaller market stations who rely more 
on local advertising then the major markets, will have a much tougher 
time adjusting their business models to maintain profit levels, leave 
alone grow profits in this tenuous economy.


Quick aside here, with pressure to increase listenership and potential 
profits, some of the larger small market terra stations are going to 
look to the web for revenue increase. (NPR has lead the charge in this 
area.) They are coming after the same listener that small webcasters 
have courted and they are going to use many of the same methods of 
revenue generation that you use. They are gonna partner with retail 
outlets to sell CD's T-shirts etc. This will make your competition that 
much stiffer.


Sometime in very late 2008 or more probable in 2009 (and quite possibly 
2010) I think you will see true progress. I think you will see a 
performance royalty established at approximately 8% to 10% of revenue 
generated. There will be some healthy discussion about web generated 
versus traditional revenues but the market is going to resolve this in 
favor of web generated without excluding traditional,

As to the figure, well, look at the satellite people. Think long and 
hard also about the fact that almost any settlement with SoundExchange 
has included a gag clause to keep agreements sealed. The satellite 
settlement was allowed to ?leak? in the area concerning that percentage. 
Why? Well to tip their hands as to which direction the music industry 
wants to go. And people, that is a very good number for you, the small 
webcaster.


I also think that in that time period, a true small webcaster rate will 
be established (as well as a separate non-profit rate) that will be just 
slightly lower.


Okay, I'll kick my soapbox out of the way and pack up my Mr. Microphone. 
My 2 pennies have been left behind in their place.

To all on the list Happy New Year, may all have a profitable year.

-- 
Al Rehmann

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