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Copyright Office Rejects CARP Recommendations
dave-fu writes "This just in: webcasters can breathe a sigh of relief as common sense and good taste has won out over stuffed suits and greased pockets--CARP has been rejected. If you weren't aware of it, CARP would have imposed exorbitant fees on webcasters, effectively killing webcasting radiostations, or at least preventing them from playing all (American) copyrighted music." See our previous story, or saveinternetradio.org, or read through the Copyright Office page linked above for background information. I wouldn't rejoice just yet - while webcasters argued that the proposed rates were way too high, the RIAA argued that they were way too low. There will still be royalty rates set by the Copyright Office, and the final rates may not be anything to cheer about.
Librarians are the true modern heros. Go hug one today.
A well-crafted lie appears unquestionable - Dama Mahaleo
Hopefully common sense will be used when setting rates. Internet broadcast requires more costs (in theory) then regular radio broadcasts.
With regular radio broadcasts, the number of listeners has no impact on your ability to deliver content (in this case, music). With internet broadcasts, the more users you have, you need to have more bandwidth to be able to serve them content at the same data rate. In some (most?) cases more bandwidth leads to more expenditure of $$$.
If the other expenses of internet radio stations are to be considered in setting of these royalty rates (which I think is BS in the first place, the RIAA is too damn greedy) I should hope they will use common sense and set them lower.
There are only 10 kinds of people in this world... those who understand binary and those who don't
The requirements under CARP
A) The name of the service
B) The channel of the program (AM/FM stations use station id)
C) The type of program (Archived/Looped/Live)
D) Date of Transmission
E) Time of Transmission
F) Time zone of origination of Transmission
G) Numeric designation of the place of the sound recording within the program
H) Duration of transmission (to nearest second)
I) Sound Recording Title
J) The ISRC code of the recording
K) The release year of the album per copyright notice and in the case of compilation albums, the release year of the album and copyright date of the track
L) Featured recording artist
M) Retail album title
N) The recording Label
O) The UPC code of the retail album
P) The catalog number
Q) The copyright owner information
R) The musical genre of the channel or program (station format)
And a listener's log listing:
1) The name of the service or entity
2) The channel or program
3) the date and time that the user logged in (the user's timezone)
4) the date and time that the user logged out (the user's timezone)
5) The time zone where the signal was received (user)
6) Unique User identifier
7) The country in which the user received the transmissions
while webcasters argued that the proposed rates were way too high, the RIAA argued that they were way too low.
That made something click, here.
It seems to me that, rather than getting the producer and consumer together to negotiate a fair-market price, the RIAA lobbied to get the government to impose a price.
For how long has the music economy been socialist? Is our intolerance of the RIAA limited to its bullying and selfishness, or can it be extended to this attempt to corrupt the freedom of commerce itself?
--Blair
I don't see why they just couldn't use the same ASCAP/BMI stuff that they use for normal radio and apply it to internet radio also.
Web radio stations are already supposed to pay ASCAP/BMI, this is on top of and far more than those fees.
I wish people would take it upon themselves to be more informed before posting.
17 USC 115. Scope of exclusive rights in nondramatic musical works: Compulsory license for making and distributing phonorecords