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New Royalty Rates Could Kill Internet Radio
FlatCatInASlatVat writes "Kurt Hanson's Radio Internet Newsletter has an analysis of the new royalty rates for Internet Radio announced by the US Copyright Office. The decision is likely to put most internet radio stations out of business by making the cost of broadcasting much higher than revenues. From the article: 'The Copyright Royalty Board is rejecting all of the arguments made by Webcasters and instead adopting the "per play" rate proposal put forth by SoundExchange (a digital music fee collection body created by the RIAA)...[The] math suggests that the royalty rate decision — for the performance alone, not even including composers' royalties! — is in the in the ballpark of 100% or more of total revenues.'"
Pandora knows what I am listening to every second of the day that I am listening to music. They have , literally, a perfect listener profile of me, created by myself!
If they cannot find a way to monitize the living daylights out of that, then they need to hire some better mathematicians...
Need help treating your acne? Come here!
Huh. Big opportunity here for independent artists looking to get heard. Wonder if this'll backfire like...well, just about every other money-grabbing scheme from the RIAA and co.
Don't do it that way. Have a message playing in between the songs about the looming threat. Have several different messages in between songs about what the people can do. (Maybe key person to contact or website to go to.)
A person is more likely to listen more than 30 seconds of the important message if there is some payoff (more music) and a station is more willing to do something like that than lose all or most of their audience to a competitor who isn't doing the blackout thing.
I dont have that much against mandatory royalties on revenue generating activities. If we truly need an 'incentive' for creativity they're more compatible with a free market than monopoly rights. And they're far easier to measure and manage for the least damage/most benefit to the economy.
The first problem with the current setup is that it's put under industry administration (whose interests are vastly divergent with both most musicians and the public, witness the current example), when in fact it's a tax and should be under government administration. That way it'd be subject to the same constraints as other taxation forms; is it reasonably equitably collected, do we get our money's worth from the spending (ie, does it finance as many artists and creators as possible for the money we're willing to spend?), is this a reasonable level of expenditure? What's more, we could actually measure the number of new works and how they change depending on the level of spending so we could finally get real data rather than imaginary numbers made up to support organized con men.
The second problem is that the RIAA corps are excluded. If we need an incentive for creative endeavors, _any_ revenue generating activity using 'copyrighted' material should be subject to the same taxation, wether plays on the radio, sales over the internet or the printing of CD's. Remove the 'copy' aspect of 'copyright' and replace it with a generalized non-transferrable 'incentiveright'. Allow free copying, printing and distribution of materials, let anyone from your local supermarket to online shops freely copy the material, as long as they pay a percentage of any revenue as 'incentive tax'/'royalty', and make sure the incentive actually goes to the creators. And make sure it goes to them in appropriate portions to maximise creativity.
Imagine the possibilities; you could go to the local supermarket and print a CD with whatever tracks you want on it. You could buy an USB disk of the nights music at a club. You could get a complete recording of the show when you exit a concert. Without copyright but with a simple levy on the revenue, whole hosts of new business and value opportunities would open up, while still maintaining a (more measurable) incentive for creativity.
When faced with the RIAA monopoly, many people propose a boycott that is unrealistic: People won't stop buying CDs, downloading from iTunes, or the like.
What needs to happen is for Internet radio stations to turn to independent labels. Consumers will buy the music they hear. If Internet radio stations commit to changing the majority of their playlist to artists on non-RIAA labels then the majority of profits will be diverted from the RIAA - they don't get per play royalties and they don't get royalties on purchases. It's a double-whammy. If you look at something like eMusic today, which doesn't carry the RIAA labels, you will quickly find that a little digging turns up more great music than you might actually expect. And it's not just Internet stations that should make the change - everyone can benefit from getting out of this monopoly stranglehold. The RIAA might eventually have to propose competitive terms to survive, artists will be better compensated, and labels which are smaller today will be able to grow faster not only because they will see a greater percentage of royalties, but because the best artists will be less drawn to the RIAA labels in the first place.
Perhaps, though, the RIAA is already starting to feel some bite, and this is why their proposed fees are so high. If you're paying 100% of your revenues to the RIAA, you aren't paying anything to the indie's.
What surprises me is how this is assumed to have an effect on internet radio.
I am a shoutcast fiend. I scan the top stations every day or two. Hardly any of the stations (even the popular ones) play RIAA music.
Why would it make any difference what they charge if it doesn't get played? They should be paying people to get their shit out there to get it on the air. If they don't (and they won't) then something else will be.
I would say that I welcome the coming revolution, except that it's so far underway that I'd be missing the boat. Their content is shit, and everyone except the marketing guys recognize it...
The nice thing about this, is that could help kill off the RIAA. What needs to happen now, is that the established streamers need to set up alternative streams where they use NON-RIAA controlled music. To encourage it, their RIAA controlled stream could slowly lengthen the time between songs AND advertise the other stream in the RIAA controlled stream. Finally, to encourage the music development outside of RIAA, they need to start paying money to the artists. If they could get together as a group and agree on a rate (ideally close to the old RIAA rate), then as a group pay them. Perhaps magnatune will consider taking it on. Once the musicians realize that they can make a great deal more money by not signing with labels (RIAA), new ones will have nothing to do with them. In addition, we will probably see new labels who have nothing to do with RIAA. The final nail in this, that the group needs to go to the same place where radio stations pay out at (it is not direct to RIAA) and get paid their lower rate. It will encourage regular radio to look at the riaa musicians music.
I prefer the "u" in honour as it seems to be missing these days.
Disclaimer: The company I work for is owned by Clear Channel. These comments are my own views and do not reflect the views of my employers.
Have you considered who will be paying the most? This year, every Clear Channel station in the top 100 markets will be simulcast streaming. That's on the order of 1,300 stations, +/- 100 or so. Since I've already done the math, I'll clue you in.
Using an average of one song per four minutes, each station will be playing 131,400 songs per year. That's $144.54 per station per listener. TFA quotes 500 listeners as average; that works out to:
100 listeners: $14,454 --- 500 listeners: $72,270 --- 1,000 listeners: $144,540
At 1,300 stations or so, that means this ruling will cost Clear Channel:
100/station: $18.8m --- 500/station: $94m --- 1,000/station: $188m
I can tell you firsthand they are not making that kind of revenue on their streaming side. Clear Channel stands to lose on the order of $100m this year. Ad revenue might help offset it next year, but we're still looking in the range of $100m or so for 2008 as well. CC most definately did not sign up to lose $150-300m in the next two years; it's really not a good time.
On a side note: If you want to hear something new on a Clear Channel station, call in or email the PD (production director). Tell him or her you want to hear it. Ask them to check CCADS ('seecads'). If it's not available, tell them to request it from Bobby Leach. Offer to lend them your cd, if it's safe for radio play. Call in or email your favorite jock; tell them to bug their PD about getting the track. Get your friends to request it. If you know people in other major cities, ask them to do the same. If you're not asking the impossible, they will listen and your favorite track will get played. As a bonus, if it gets into the system, anyone can request it in any city and they won't have as much hassle.
-1 raving lunatic; +6 subGenius... Things even out...
I've read the article, and while the royalty rates are on the ludicrous side, I've got to wonder why everybody is thinking that this is a bad thing. Frankly, this could be the best thing to ever happen to internet radio and the music scene.
I've been thinking about the impact a lot since reading it, and it seems to me that there are two groups of radio stations to consider:
1. Online pirate stations who are broadcasting the music illegally. While I don't think they should be pirating the music, the fact is that if they are pirating it now, making the royalty rates higher are not going to stop them from pirating the music and playing it. To misquote Terry Pratchett, "they're PIRATES - they don't care about the law." So, no real impact there.
2. Online stations that are playing the music legitimately. This will have quite an impact on them, and most likely a positive one all round. Well, I should say, for everybody except the labels represented by the RIAA, who just got themselves priced out of the market.
It seems to me that online radio isn't going to disappear, but will do something else - the broadcasters will vote with their feet. SoundExchange and the RIAA will have a very difficult time proving that retroactive royalties are due in any court of law, and the larger stations should be large enough to defend themselves, so I doubt that the RIAA will press too hard on that one (after all, if the RIAA tried to collect from AOL, you'd have a battle royale that would take years to sort out, and my money would be on AOL). But, with the royalty rates so high, no radio station will be able to play music from an RIAA label, and the broadcasters will be very hungry for new material.
So where do they find this new material? Independent artists. With the online broadcasters desperate for material, it will be a seller's market for independent recording artists, in the process giving that section of the market just the sort of boost it needs. This will raise the profile of the independent music scene, while at the same time allowing the independent artists to negotiate a reasonable royalty situation with the broadcasters. So, the listeners who get exposed to new (and less corporate) material win, the independent artists win, and the broadcasters get out from under the RIAA thumb, so they win.
Come to think of it, the only people who lose are the RIAA, who just got shot in the foot and lost a market...
Robert B. Marks
Author, Demonsbane in Diablo Archive
It will only kill those who try to stay legal. Back in 2002, many webcasters got together, hired a lobbyist, and got the Small Webcasters Amendment passed, which allowed small broadcasters operate on a percentage of revenue model (11% aprox). The new rates start out at effectively 10-40 times what the old rates were, and by 2010 increase by 2.5x. So by 2010, legal net broadcasters will be paying 25-100 times what they paid in the 2000-2005 periods.
Of course, you can just say, screw it, and not pay, and hope you're not noticed. It's actually worked very well for lots of stations out there.
Net radio didn't cry wolf, it sounded the alarm. And only through the listeners and supporters who wrote and called their congress people was the small webcasters act passed.
We are going to have to act again to preserve the state of internet radio as it is. Only this time we should get right to the cause, and act to get the provisions of the DRPA and DMCA that removed the fair use exemptions that over-the-air broadcast radio has from these royalty requirements.