Storm clouds gather over podcasting By Michelle Kessler, USA TODAY 
Thu Aug 4, 6:56 AM ET

At Seattle public radio station KEXP, there's a simple procedure for
evaluating new technology. "We just go ahead and do stuff," says John
Richards, the station's morning disc jockey.

That's how the quirky station created one of the first music podcasts -
without support from major record companies.

A podcast is a digital recording of a radio-style audio program that can be
downloaded from the Internet and played on a digital music player. Many
podcasters think the technology could revolutionize radio as     TiVo did
television.

But record labels worry that listeners will pirate the songs contained in
the downloaded radio shows. The result: yet another     Napster-like
standoff over piracy and music rights.

Podcasting is a great way for KEXP to reach thousands of new listeners,
especially those outside of Seattle, Richards says. But the station can't
podcast programs such as John in the Morning - Richards' variety mix of
independent and mainstream music - because record companies haven't provided
an easy, affordable way for podcasters to license songs. That's why most
podcasts today are talk radio.

So KEXP last month invited 14 unsigned or small-label bands from the Seattle
area to contribute songs to a podcast. Richards asked a lawyer - a listener
who volunteers at the station - to draw up a simple contract for the bands.
KEXP did not release numbers but said the podcast was a hit. KEXP is now
podcasting some live performances to which it owns the rights.

KEXP decided that "we couldn't sit around and wait and wait for a major
(label) to sign off on this," Richards says.

Since podcasts are recordings, they can be played at any time. Listeners can
pause, fast-forward or rewind them. And since podcasts are posted online,
listeners can download programs from radio stations and independent
broadcasters from all over the world.

The podcasts can also be hacked and pirated. An enterprising listener could
pull songs out of a podcast and turn them into music files or CDs.

That's why many record companies say the technology is promising but
problematic. For example, OK Go and several other emerging bands with EMI
have their own podcasts. But EMI is not ready to approve a blanket
podcasting license. "Podcasting is potentially very exciting," says
Executive Vice President Adam Klein. But the company needs contracts "that
are responsible to everybody," he says.

Ruth Seymour, general manager at influential Los Angeles public radio
station KCRW, worries that those contracts will take years to be worked out.
That would keep podcasting from reaching its potential, she says.

Several of KCRW's programs - notably a well-regarded new-music show called
Morning Becomes Eclectic- would be perfect for podcasting, Seymour says.
Many already have fans worldwide thanks to an early form of digital radio
called streaming media.

Streaming media is different from podcasting because it's not a recording,
which makes it harder to pirate. A stream is essentially a broadcast that
travels over the Internet instead of the airwaves. 

Record and radio companies have struck a blanket licensing agreement for
streaming based on traditional radio licenses. No such agreement exists for
podcasting. So if Seymour wanted to podcast Morning Becomes Eclectic, she
would have to sign individual contracts with each record company.

"That's an impossible process," says digital music analyst Phil Leigh at
Inside Digital Media.

For now, KCRW is podcasting only talk programs, live performances and
independent bands. "I really want to podcast (major label) music!" Seymour
says. "It's where the future is ... (but) I don't want a cease-and-desist
order."

Protecting artists 

Record companies say they're just trying to look out for their artists.
Podcasting could exacerbate the piracy problem created by file-swapping
sites such as     Grokster and Kazaa. When listeners download a podcast,
they "are getting a copy of an entire program ... an unprotected copy that
they can do whatever they want with," says Steve Marks, a lawyer at the
Recording Industry Association of America, a trade group.

This difference between streaming and podcasting also has licensing
implications, Marks says. Streaming is generally licensed collectively,
while podcasting, because it is a download, is licensed by individual
copyright owners.

If the radio and recording industries do agree on a contract, it's unclear
what it would look like - or cost. Most podcasts today are free, but that
would change once podcasters have to start paying for broadcast rights, says
Inside Digital Media's Leigh.


Still, Leigh and others say a solution will eventually be found. Podcasting
technology is too exciting to ignore, says Tom Poleman, senior vice
president of programming for Z100, a top-40 station in New York.

Z100 podcasts some talk portions of its morning show, and Poleman says he'd
love to offer fans more.

"A lot of people in radio may have the initial reaction to fear technology,"
Poleman says. "I think it's an exciting time, an opportunity for us to
reinvent ourselves."

Gregory S. Williams
[EMAIL PROTECTED]


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