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Study Says $2.3B in Net Radio Royalties by '08

An anonymous reader writes "According to a newly published report, the music industry will have a nice pile of cash to collect from net radio owners in 2008 — a staggering $2.3 billion to be exact. The report is based on current performance royalties paid by terrestrial radio vs. internet radio, and taking into account projected growth in listenership. Meanwhile, the corporate Clear Channels pay just $550 Million for broadcasting the same songs we've all heard before. Hardly a fair deal."

102 comments

  1. screw them by jacquesm · · Score: 2, Informative

    That's why I built my latest little project. MP3's by the boatload, napster
    squared. with storage approaching $400 / TB why not copy *ALL* the music ?

    MP3 is the standard, no matter what the big corps want you to believe.
    this mp3 file sharing system will merge two collections seamlessly
    and remove doubles, you can tag your files and if you have a band you can
    use this system to spread your music to your fans. It's just another CDN,
    but one that is based off KNOPPIX, so it comes with all the power of a
    full Linux distro, and gives you a single dedicated box to play and share
    your music on.

    It's open source, and if you feel like hacking around with it be my guest
    (most of it is PHP, there is a little bit of C in there).

    1. Re:screw them by Anonymous Coward · · Score: 1, Funny

      neat, that's like a terrorist-cell organization for music piracy.

      I'm curious how the RIAA would bust that one... looks watertight

      But I'm not sure that's what you meant when you built it :)

      you could sure use a web designer though ...

    2. Re:screw them by jacquesm · · Score: 2, Interesting

      let's just say not having a single point of failure was a design feature because I didn't
      feel like becoming the focus of an attempt to shut down the 'network'. Also because it is
      not technically intended to do that (just like a hammer is not technically intended to be
      a weapon) I think there is some wiggle room.

      But this advanced 'sneakernet' feature (which works just fine across the net as well, you
      basically only need to have two media exchanges near each other during the initial install,
      after that the traffic is fairly limited) is very useful. Just bring a media exchange along
      to a lan party and it takes care of itself.

      Or you equip one with a wifi card and slap a 'media exchange point' sticker on a lamppost
      outside or something like that.

      I'm sure people will be 'creative' with what they can do with it.

      The real power of it will only come in to force when a number of islands of media echanges
      link up through a common user. That's when it'll start to cook.

    3. Re:screw them by Anonymous Coward · · Score: 0

      I was thinking something more along the lines of groups of internet radio broadcasters moving their operations to other countries. Sure, you can shut down a few large operations, but they'll find hosting in another country for sure and you've got to try all over again to ban them, in a different country, when everyone has seen the outcome and is fighting the laws in the current one.

    4. Re:screw them by jacquesm · · Score: 1

      yes, but after all internet radio is just a format + a music storage device.

      The media exchange does both in one single box. Why transmit music all the times when
      all you really need is the format spec once you have access to all the music.

      It's uncanny how closely you can emulate certain radio stations if you have
      your music tagged properly.

      Sky radio: 20% new, 20% evergreens, 20% 70's hits, 20% 80's hits 20% 90's hits...

      generate, create new playlist, done...

      that way instead of going to other countries you just go 'offline' until the
      current mess blows over or the RIAA decides that they want to survive long
      term after all, instead of twitching a bit and then falling over dead.

    5. Re:screw them by Brad+Eleven · · Score: 1

      "MP3 is the standard, no matter what the big corps want you to believe."

      ClearChannel broadcasts MP3s, with titles encrypted in a vain attempt to prevent wholesale internal copying. Unfortunately, CC treats its IT employees so poorly that the few "old-timers" (4+ years) have banded together to defeat the encryption. They just want to browse the library and augment their own MP3 libraries. Disclosure: I just happen to have been a contractor with a firm that successfully raided CC's IT department to fill the department I was in, and while this information is based on gossip, the sources independently volunteered this information. Several of them also said that they maintained access to this treasure trove of corporate pop music.

      Corruption, and the corrupt corrupters who perpetuate it. How long until a major corporation's internal corruption causes more damage than simply causing millions of people to lose their investments (hi, Enron)? Oh, well... that's entertainment.

      --
      "Press to test."
      (click)
      "Release to detonate."
    6. Re:screw them by jacquesm · · Score: 1

      very interesting, I'm curious if that's ever going to be accessible in a mainstream way.

      btw there are harddrive images with about 160 G of billboards hot 100 over the last decades
      floating around, I think the RIAA is really underestimating the threat of the sneakernet.

      - untraceable
      - much faster than the internet
      - no damaged files.

      not to mention all those storage devices that are somehow selling above market value
      on sites like ebay (ipods too). Makes you wonder what's going on with that.

    7. Re:screw them by stonecypher · · Score: 1

      why not copy *ALL* the music

      Because theft is wrong. What part of this is difficult?

      --
      StoneCypher is Full of BS
    8. Re:screw them by jacquesm · · Score: 1

      I agree, theft is wrong.

  2. Two things... by El+Cubano · · Score: 4, Insightful

    According to a newly published report, the music industry will have a nice pile of cash to collect from net radio owners in 2008 -- a staggering $2.3 billion to be exact. The report is based on current performance royalties paid by terrestrial radio vs. internet radio, and taking into account projected growth in listenership.

    First, this assumes that everyone will pay the new fees instead of finding alternative unlicensed content (that is free or Creative Commons or other similar content).

    Meanwhile, the corporate Clear Channels pay just $550 Million for broadcasting the same songs we've all heard before. Hardly a fair deal.

    Second, it is fair. It is called economies of scale. Clear Channel deals is huge quantities. To put it another way, if you go to a local corner market and buy a pack of four rolls of toilet paper for $2.00, then you go to Costco and see the same brand of toilet paper in a box of 40 for $10.00, is that unfair? No, it is called purchasing in bulk. Same as the sort of thing that MS does with corporate VLKs versus regular retail prices.

    1. Re:Two things... by FlatCatInASlatVat · · Score: 5, Informative
      Second, it is fair. It is called economies of scale. Clear Channel deals is huge quantities. To put it another way, if you go to a local corner market and buy a pack of four rolls of toilet paper for $2.00, then you go to Costco and see the same brand of toilet paper in a box of 40 for $10.00, is that unfair? No, it is called purchasing in bulk. Same as the sort of thing that MS does with corporate VLKs versus regular retail prices.

      Wrong on two counts. Clear Channel and all other FM radio stations pay NO performance royalties. Yet the new rules would have inernet radio pay HUGE performance royatlies, relative to their revenues. (Both pay artist royalties. )

      Also, much of the reason that the toilet paper costs more at the small store is because of local overhead. The suppliers charge somewhat higher rates to the little guys, but not many times as much, as is being proposed in the new rules from the Copyright Office.

    2. Re:Two things... by Anonymous Coward · · Score: 2, Informative

      will pay the new fees instead of finding alternative unlicensed content

      CARP created automatic royalties for ALL online music. Regardless of what you pay, you are legally required to pay RIAA's SoundExchange these automatic royalties, and it's SoundExchange's job to pretend to give that money to the artists. Same thing for bands that cover music, they pay automatic royalties regardless of what they're playing.

      it is called purchasing in bulk.

      Intellectual property does not occur "in bulk". One does not buy 5000 rights-to-play-songs in a box. Furthermore, some broadcast stations play heavy rotation of playlists of less than 100 songs, making them far less "bulky" than most online stations.

    3. Re:Two things... by Shelled · · Score: 2, Insightful
      "Second, it is fair. It is called economies of scale."

      Correct in a sense, unfair laws do scale up with larger users. The 'fair' notion relates to the fundamentals principles behind the collection of royalties, the 'size' part was using an example to demonstrate it taken to obscene levels. You missed the point entirely. Since you're fond of examples, the tools and labour used to build the studios artists record in contribute greatly to their art, so you agree with Craftsmen, Mikita and the local unions getting a cut of this money? (Not to mention Bud and Jack Daniels.)

    4. Re:Two things... by Anonymous Coward · · Score: 4, Informative

      Sorry bud, but the stations pay fees based on the estimated number of listeners (as part of the calculation, they multiply two other variable by that estimate). I would call that performance based.

      -1, no link handed to you
      +1, this was left out of article
      +4, TRUE

      Also, Neal let the phrase "just $550 million" in the summary, referencing 25% of the total internet radio revenue. Too much? Too little? "Just" is a blatant pejorative here.

      Why allow overtly biased statements in such a stupid way? We expect more cunningness.

    5. Re:Two things... by Jahz · · Score: 1

      Economies of scale really does not apply to royalties. The internet radio community can grow 100 fold next year and will still have to pay the same amount. This is really just an example of big corporate interests and evil lobbying.

      The terrestrial radio world has sucked for a long time, and now they're seeing market share get eroded away on all fronts. In cars, some people are turning to satellite solutions. At home/work and work, internet radio is a great solution since it provides better playlists and higher quality sound for free. In the gym, ipods have almost completely replaced the personal portable radio.

      When you take all that into consideration, it become quite clear what is happening here. With the new fees in place, internet radio as we know it will be destroyed. My prediction is that most stations would shut down almost immediately, as donations and revenue from online stores, t-shirts, cd's etc cant generate enough revenue to remain profitable. So long to high-quality internet radio. So long to playlists that comprise of hundreds of artists. So long to commercial free/few stations. After the smoke clears there will probably only be a selection of corporate internet radio stations with shitty playlists, constant commercials, and annoying hosts. Fucking bastards... i'll have to steal more music to compensate.

      --
      There are 10 types of people in the world. Those who understand binary and those who do not.
    6. Re:Two things... by westlake · · Score: 1
      First, this assumes that everyone will pay the new fees instead of finding alternative unlicensed content (that is free or Creative Commons or other similar content).

      It assumes that the majors will remain the majors: free to draw on over 100 years of recorded music. Elvis may go out of copyright in Britain - but the master recordings still belong to his label.

    7. Re:Two things... by NekSnappa · · Score: 0, Offtopic
      We expect more cunningness

      I'd perfer more cunnilingus

      --
      I want to shoot the messenger!
    8. Re:Two things... by that_xmas · · Score: 1
      No, you're wrong. Broadcast radio station's pay to the copyright holders of the lyrics, ASCAP. They don't pay the copyright holders of the performances, record companies, et al.

      Altogether, ASCAP earned $785 million in revenues last year. That's from all music streams, radio, internet, live performances, etc.

    9. Re:Two things... by broohaha · · Score: 2, Informative


      First, this assumes that everyone will pay the new fees instead of finding alternative unlicensed content (that is free or Creative Commons or other similar content).


      This also assumes that internet radio companies will remain in business to pay those fees. It's likely that many cannot. www.radioparadise.com's argument is that they will not be able to afford to continue operating if this were to happen.

    10. Re:Two things... by Deagol · · Score: 1

      What a silly bunt.

    11. Re:Two things... by Etobian · · Score: 1

      Maybe that's the intent of RIAA - to take internet radio down. They don't REALLY expect a $2.3b winfall. What they want is control. Terrestial radio gave it to them...limited exposure to non-mainstream artists, and CD sales were concentrated on the artists they wanted to push. What they don't want is a fragmented audience.

    12. Re:Two things... by fourchannel · · Score: 1
      Penguins?

      ...

      Maybe I missed something...

      --
      ---FourChannel---
    13. Re:Two things... by RonVNX · · Score: 1

      It also assumes that they're not going to put most of the Internet radio industry out of business, which is the most likely outcome. Even loan sharks understand you don't collect anything from the dead, apparently the RIAA and friends haven't got the sense of a common street thug.

    14. Re:Two things... by Percy_Blakeney · · Score: 1

      You're wrong. The parent poster perhaps used the wrong term -- he should have said "FM stations pay no sound recording royalties" -- but you are incorrect in saying that FM stations pay them.

      Over-the-air stations do pay royalties, but only one set of them. They pay for the right to use the musical compositions that they use, but they have been given a free pass on paying for the right to use the actual sound recordings. This isn't a new thing, either -- it's been this way for years and years.

      Internet radio, on the other hand, is being forced to pay both sets of royalties. This is a result of legislation from the 90's -- partly the DMCA -- that treats digitally transmitted stations differently from traditional analog stations. The thought was that people could rip perfect copies of songs from an on-line stream, which would impact CD sales, so the on-line stations should be forced to make up the difference to the recording artists.

      Of course, this argument is totally bogus, but the point still remains that over-the-air stations do not pay this particular royalty.

    15. Re:Two things... by mabhatter654 · · Score: 1

      better than that most Radio stations get some form of Payola to the tune of a few hundred dollars a spin.. so they actually MAKE money playing music!!!

    16. Re:Two things... by Talchas · · Score: 1

      You do realize that economies of scale are pretty meaningless when dealing with data over the internet, right?

      --
      As the Americans learned so painfully in Earth's final century,free flow of information is the only safeguard against...
  3. huh? by mastershake_phd · · Score: 5, Insightful

    Are they trying to make money or shut down internet radio? I was under the impression that most internet radio stations were run for fun, not profit.

    1. Re:huh? by vertinox · · Score: 1

      Are they trying to make money or shut down internet radio?

      Apparently shut down internet radio in the US.

      Personally, I like to listen to http://ebm-radio.de/ and various other European types. I even have a Moscow Russian station which I listen to every now and then on my audiotron at home.

      Although, copyright might affect most of those in the states and then some major stations in EU and Eastern Europe, most of the artists that fall under those stations aren't American artists or under RIAAs jurisdictions.

      I could foresee EBM Radio modifying their play list after getting a cease and desist to not include state side artists, but in general I don't think it will affect them that much.

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    2. Re:huh? by Anonymous Coward · · Score: 0

      They are jacking the prices sky-high because they want to kill internet radio outright. Its something new, and being the last collection of neanderthals all in one place they abhor anything new. Hence, they kill it. To look at it another way: the interweb is something new. Its harming traditional record sales (ignoring the fact that most people turned the radio off when alternative/hip-hop/rap replaced real music). So now they can make the false assumption "its that interweb that done killed it" and so they try to destroy streaming music on the internet. Their mis-logic knows no bounds, did I mention the neanderthal part? Normally, mass exposure to music means more people listening to the music (and more wanting to buy). Not so here. This really amounts to the addition of a more accurate laser sight and wind computer attached to the rifle they use to shoot their business model, and therefore their business (very accurately) in the foot.

    3. Re:huh? by evansvillelinux · · Score: 1

      I am of the opinion that they are trying to shut down Internet radio in an effort to keep their stranglehold on the market.

      Back when Live365.com first started, I was one of the founding broadcasters and I ran a very popular stream called Hair's To The 80s Internet Radio. For the first couple of years (the exact time frame escapes me) everything was free and advertiser supported. Live365 also had a neat feature where you could click on the song title and be taken to their online store to purchase the album the songs was on. Then, Live365 started charging all broadcasters fees to cover royalties and the founding broadcasters got a reduced rate on their fees since they helped grow Live365. The fees for the originals started out very reasonable but quickly escalated to the "too expensive for me" rate. Now, with the rules of Live365, one could not sell advertising in our broadcast so we had to depend upon our listeners to send donations that could only be requested on our email newsletters and website, not in our stream. Well as we all know the "the Internet should be free" mentality prevailed and no one wanted to donate but was quick to "pitch a bitch" when I took the stream down. Too bad, I really enjoyed programming that station.

      --
      IMHO, IANAL, TINLA, etc...
  4. Yea, I don't think so... by Anonymous Coward · · Score: 5, Insightful

    That projected growth is on the tacit assumption that folks will pay more for the same product -- and they won't, The broadcasters will either raise fees or shut down entirely. Either way listenership goes down.

    There seems to be the gross assumption that Internet radio is insanely profitable. While it certainly enables small producers an outlet for their work vs conventional broadcasting, they still tend to have small audiences with niche markets.

    RIAA just needs to keep pushing until all we listen to is pirated, ripped MP3s all day, everyday.

    1. Re:Yea, I don't think so... by Loconut1389 · · Score: 2, Insightful

      Didn't we already do this once? I recall in the last 90's a bunch of stations had internet streams and then the RIAA/etc started pulling rank and they all vanished. Only now are they coming back, won't this just make them disappear again?

      Forgive me if I missed something, I'm just an average consumer and that was my perception.

    2. Re:Yea, I don't think so... by mi · · Score: 1

      RIAA just needs to keep pushing until all we listen to is pirated, ripped MP3s all day, everyday.

      Illegally...

      That really is no small addition. The advice to stop pushing applies to RIAA only, who is unlikely to be reading these pages anywa.

      You, on the other hand, seem to justify illegal behavior. And not just illegal, which is not in itself necessarily wrong, but immoral too.

      If you don't like the way the music is sold, the honest choices are:

      1. buy it anyway (while, perhaps, complaining).
      2. don't buy it (more effective).

      Acquiring it in a way different from the owner's wishes (I deliberately avoid getting side-tracked into debate over whether this is "stealing") is dishonest.

      --
      In Soviet Washington the swamp drains you.
    3. Re:Yea, I don't think so... by Abcd1234 · · Score: 4, Informative

      It was actually back in 2002, all thanks to the DMCA CARP ruling. The SomaFM About Page covers what they went through during that time. Now, with the latest fees, they're looking at about $1 million in royalty fees for the year of 2007, compared to $22,000 for 2006.

      And all this just as I started listening to them... thanks a lot, Copyright Royalty Board. Assholes.

    4. Re:Yea, I don't think so... by cpt+kangarooski · · Score: 2, Interesting

      You, on the other hand, seem to justify illegal behavior.

      There's nothing wrong in that. The present configuration of laws that we have is by no means perfect. Some things that are legal should be illegal; some things that are illegal should be legal. While we ought to respect the law, where the law is in great conflict with what it ideally should be, and with people's norms of behavior, and lacks any or enough moral support, then that law is unworthy of respect. It ought to be changed, but it's of relatively little consequence if it is broken. For such a law, the only real downside to breaking it is that that might engender disrespect for legitimate laws.

      I don't think that the whole of copyright is illegitimate, but I think it's fair to say that portions of it as we currently have it probably are. While I'd prefer to fix it, and I am concerned that lawlessness as to those portions will have negative effects as to other portions, I don't get bent out of shape about people ignoring those laws.

      but immoral too.

      No. There is no moral component to copyright law; it's purely utilitarian. But if there were a moral component to it, it would actually be on the side of the pirates.

      Acquiring it in a way different from the owner's wishes (I deliberately avoid getting side-tracked into debate over whether this is "stealing") is dishonest.

      I disagree, particularly given that 1) it's often possible to act lawfully and against their wishes (e.g. the record industry hates it when people deal in used records) and 2) being honest is not the same thing as being law-abiding.

      If you don't like the way the music is sold, the honest choices are:

      You forgot one: 3) Change the laws so that music that is sold is sold in the way you want, whether the music industry is pleased at that or not. This is what I pursue, as it's a lot better than the options you provide, i.e. giving in or giving up.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    5. Re:Yea, I don't think so... by NekSnappa · · Score: 1
      I'm with your there. I'm listening to Boot Liquor from SomaFM right now. Other than Willies Place, Country X, on XM it's the only place to find newer honky tonk music. With traditional radio all you get is the B.S. coutry pop of Tim McGraw, and Shania Twain.

      Granted alot of these new female country singers can carry a bit of a tune, and some are great to look at. It's just twangy top 40 pop music.

      --
      I want to shoot the messenger!
    6. Re:Yea, I don't think so... by Anonymous Coward · · Score: 0

      Do you know what's immoral? One copyright extension after another and obtaining what is essentially eternal copyright through the bribery of our elected officials brought to you by none other than the RIAA and it's ilk. Fuck the media cartels, I feel no guilt when I or others steal their products. Some people dump tea in the harbor, others steal music and movies.

    7. Re:Yea, I don't think so... by Salsaman · · Score: 1

      The projected growth will still happen, just not in the US. If I start up streamtuner, I can listen to any of over 2000 streams for free. (None of the ones I listen to happen to be in the US anyway.)

    8. Re:Yea, I don't think so... by Anonymous Coward · · Score: 0

      I used your public domain post here.

    9. Re:Yea, I don't think so... by mi · · Score: 1

      No. There is no moral component to copyright law; it's purely utilitarian. But if there were a moral component to it, it would actually be on the side of the pirates.

      Certainly not. And here is why. Even the vilest pirates claim, they only steal from the RIAA/MPAA — not the original authors: musicians, artists, whoever.

      Ergo, morality is involved. That's one.

      Pirating from **AA is also wrong — claiming otherwise is equivalent to claiming, that the products of those original authors' — which they (pre)sell to the record companies — have no value. Because if stealing them is not a wrong, then they can not be sold. Ergo, you are hurting the original authors, that we all love and pledge to respect. This is trivial — you just have not given it a thought.

      3) Change the laws so that music that is sold is sold in the way you want, whether the music industry is pleased at that or not.

      Sorry, that would go against a lot of Constitution-guaranteed freedoms. You are, essentially, advocating government regulation of an industry — without showing a good cause for it whatsoever. Unlike for regulating food, medicine, cars (which arguably shouldn't be regulated either), there is no justification for regulating music — even if all of it just disappears one day, or, worse, if nothing but Spice Girls becomes available, nothing will happen... It is just a non-issue, and should be allowed to stay the way free market wants it.

      And before you say, oh, but DMCA was written for them — yes, it was. But DMCA is intended to simply aid enforcement of the existing rights of copyright holders. You, on contrast, want a more fundamental change, apparently. But, anyway, I'm all eyes — what exactly are you proposing? Better yet — don't post it here, send it to your elected law-maker...

      --
      In Soviet Washington the swamp drains you.
    10. Re:Yea, I don't think so... by cpt+kangarooski · · Score: 2, Interesting

      Certainly not. And here is why. Even the vilest pirates claim, they only steal from the RIAA/MPAA -- not the original authors: musicians, artists, whoever.

      What do their claims have to do with the underlying morality of it? Besides, the vilest of pirates don't bother to claim anything. They're in it for the money and don't care about making claims, whether those claims are fig leaves or not. The pirates you're thinking of operate on a more casual level and post on places like Slashdot.

      Pirating from **AA is also wrong -- claiming otherwise is equivalent to claiming, that the products of those original authors' -- which they (pre)sell to the record companies -- have no value.

      On the contrary. If a work were valueless, then no one would ever bother to pirate it. The only thing worse than having people pirate your work is not having people pirate your work. If people pirate your work, then at least your work is popular with someone, leaving only the practical question of getting them to pay. If they aren't even pirating your work, then your work is a hopeless flop that cannot attract an audience even when it is available for free. You can't fix that easily, often not at all.

      So I have no problem with assuming that the works have value. But again, this has nothing to do with morality. There is no moral argument that says that just because Alice produces something of value that Bob cannot enjoy it for free. An example: Alice and Bob are neighbors. Alice makes substantial improvements to her house. She paints it, beautifies it, and plants and maintains a stunning garden that draws complements from all around. Her work, which comes at a considerable cost to herself, results in the property value of her house going up. It also results in the property value of her neighbors' houses going up, simply due to their proximity to her house. Bob then sells his house, gaining more than he would have if Alice had not done what she did. Thus, what Alice did resulting in Bob profiting. But I think that we can all agree that Alice cannot make a moral argument (or a legal one, though morals and laws aren't the same at all) that she deserves a penny of what Bob got.

      Copyright laws are utilitarian. They are meant to result in the greatest public benefit. They do not have a moral component whatsoever. And this means that breaking those laws, while it might be contrary to the public weal, and thus might be justifiably illegal, is not immoral.

      Certainly, if you believe otherwise, then you must have a funny sense of morality. Why do you think that it is moral for terrestrial radio stations to broadcast music without having to pay the performer, while it is immoral if Internet radio stations do the same? Why do you think that it is moral for people who purchase a book printed in the US to resell it, but immoral for people who purchase a book printed outside the US to do the same, even assuming that the copyright owner is the same in both cases? And most of all, why does your morality perfectly track the culmination of almost three centuries of copyright law? Is that just an amazing coincidence or what?

      Copyright law is no different than zoning laws that prohibit someone from putting up a chain link fence in their front yard, but which allows them to put up a picket fence instead. Nor is it different from many of the finer details of the tax code, or the guts of agency rules governing the inner workings of utilities. These laws are created because they're convenient or useful or practical in some way. Not because there is a moral compulsion at work.

      Ergo, you are hurting the original authors, that we all love and pledge to respect.

      That's a hell of an assumption. I don't love authors, nor do I respect them, particularly. What I feel about authors is that I want to exploit them as best as I can. That is, in fact, central to the idea of copyright law: to exploit authors. I'll take you through it.

      The purpose of copyright law is to promote the progress of science.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    11. Re:Yea, I don't think so... by cpt+kangarooski · · Score: 1

      Ok, that's what it's there for. (And also because I believe that copyrights should only be granted for people who actively take steps to register them, and I'm not about to bother registering /. posts, but do practice what I preach)

      However, I would like to make two points. First, I'd appreciate it if you'd note that you added the emphasis on that page. Second, you had this paraphrase:

      There is no moral component to copyright law; it's purely utilitarian. But if there were a moral component to it, it would actually be on the side of the [users/music listeners].

      It's not quite right. I didn't mean "users/music listeners." I really did mean pirates. Pirates, whatever their motives, engage in spreading information to more people than would be able to enjoy it and use it productively (learn from it, improve upon it, etc.) than copyright holders do. This is basically by definition, since if copyright holders reached everyone, and everyone was willing to meet their price, there would be no piracy. To the minimal extent that there is a moral aspect to copyright, it's those sorts of things that are morally good; restricting works to those who can pay is immoral. Pirates do a little of the latter (but their price is lower, so they tend to do some good, too), but copyright holders are the worst.

      Copyright is a useful evil, but if we could do without copyright, if the best thing for the public interest was to not have copyright, then that would be better.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    12. Re:Yea, I don't think so... by mi · · Score: 1

      Too long to foolish. Not at all convincing. Yawn...

      --
      In Soviet Washington the swamp drains you.
    13. Re:Yea, I don't think so... by cpt+kangarooski · · Score: 1

      Too long to foolish.

      I'm not sure whether you meant to say 'Too long, too foolish,' or 'Too long to finish.' Maybe it's a portmanteau?

      In any event, while I know I can be a bit long-winded, I'd appreciate it if you gave it a shot, bearing in mind that it is not an apologia, but is an earnestly-held argument made in the public interest.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    14. Re:Yea, I don't think so... by Anonymous Coward · · Score: 0

      Done and done, thanks again. First time I've used a post from another site as the main content, but the points you made were great, and your sig made it so tempting to use ;)

      Pirates really do provide much more immediate and convenient distribution than the movie, music, and publishing industries.

    15. Re:Yea, I don't think so... by cpt+kangarooski · · Score: 1

      Pirates really do provide much more immediate and convenient distribution than the movie, music, and publishing industries.

      That is often true. And while, all else being equal, I would prefer to have copyright holders providing that level of convenience, I would also not have a problem with legalizing some actions which are presently illegal. I think that many of us will agree that commercial piracy is out of bounds; where there is money to be exploited from a copyright, it generally might as well be the copyright holder to whom that money is funneled. But where exploitation occurs non-commercially (including not even acting as trading in kind or as a draw to advertise to), I don't have a big problem with it. Especially given that people do it anyway. I love the idea of copyright law, but I don't like laws that make everyone a criminal for doing what are, basically, rather innocuous things.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    16. Re:Yea, I don't think so... by mi · · Score: 1

      You lost me right there at the denying to creators the power over their creations — and the property rights. Previous attempts to strip owners of their property were rather disastrous and anyone advocating anything similar is not worth studying to me.

      an earnestly-held argument made in the public interest.

      Try writing it into a Manifesto...

      --
      In Soviet Washington the swamp drains you.
    17. Re:Yea, I don't think so... by cpt+kangarooski · · Score: 2, Interesting

      You lost me right there at the denying to creators the power over their creations -- and the property rights.

      Hm?

      First, what I'm advocating is a reformed, lesser copyright. I do think that copyright is a good idea, I just don't think we've implemented it well.

      Second, I have no idea what the hell you are talking about. Copyright has never been about giving creators power over their work merely because they created it; even today, copyright doesn't do that. (For example, the law currently denies architects any power over photographs of their buildings) Also, I have no idea what property rights you're talking about. Creative works aren't property, copyrights arguably could be, and copies are. Nothing I've said or proposed would have any effect on the status of any of those.

      I think that the main issue here isn't merely that we disagree, it's that you don't know anything about copyright and so can't really participate in a meaningful discussion about copyright. This isn't an insult or an attempt to support my position, either. I am happy to discuss copyright policy, and happy to face opponents, and willing to adopt good ideas that others have had, even if they make a shamble of my previous position. But this isn't really possible when one side doesn't know anything about it other than hearsay and what they have made-up in their heads. You should really sit down with a scholarly work on the subject and learn about it. Sadly, the Internet is not a terribly good resource for this.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    18. Re:Yea, I don't think so... by Anonymous Coward · · Score: 0

      the usual things: abandon all copyright treaties, unilaterally offer national treatment, drastically shorten terms, strictly require formalities (e.g. registration, renewal, deposit), provide liberal exceptions (e.g. natural persons acting noncommercially are never infringing), discourage attempts to game the system (e.g. authorized use of DRM results in the loss of the copyright; adhesive contracts concerning copyrights are almost never valid), that sort of thing. Basically, get copyright back in line with what the public is 1) best served by, and 2) finds to be acceptable anyway, so that ordinary, unobjectionable behavior is not made illegal, but unusual, objectionable behavior may be.

      Geez man, I'm going to have to post more of this stuff, this is a great collection of ideas, and very close to what we should be pushing for.

  5. Good business idea by Sunburnt · · Score: 3, Funny

    If you have a crowd of credible amateurs giving your product exposure in a new medium with excellent youth market penetration, the best thing to do is shut it down. After all, they should be re-imbursing the labels for...um...the free product advertising?

    Oh, wait, that's actually a terrible idea. And from those peerless innovators in the recording industry - who knew?

    --
    Tags != Comments, and -1 (Troll) != -1 (I Would Respond Angrily To This Poster So They Must Be Trolling)
    1. Re:Good business idea by mastershake_phd · · Score: 2, Informative

      If you have a crowd of credible amateurs giving your product exposure in a new medium with excellent youth market penetration, the best thing to do is shut it down. After all, they should be re-imbursing the labels for...um...the free product advertising? Oh, wait, that's actually a terrible idea. And from those peerless innovators in the recording industry - who knew?

      Maybe the only rational explanation is the Broadcasting Industry and the Labels are one in the same. They sure act like it.

  6. exactly by pkbarbiedoll · · Score: 1

    live365 and others will go the way of the dodo. Don't you just love how incredibly stupid these music execs are?

  7. Oh Noes! by Torvaun · · Score: 1

    The music industry isn't being fair? Stop the presses!

    --
    I see your informative link, and raise you a pithy comment.
  8. Good question by NetDanzr · · Score: 4, Insightful

    And the answer is that they are trying to shut down Internet radio. Consider this: currently, you can connect to the Internet almost anywhere with certain data packages from cell phone carriers. Soon, in major metro areas you'll be able to do the same via municipal WiFi or mesh networking. Some people have been streaming Internet ratio in their cars for years, so fully Internet-enabled car stereos can't be far behind. This is a situation that gives Clear Channel and other large radio companies nightmares: the ability of people to choose from thousands of commercials-free radio stations instead of being stuck with the same selection of ten traditional stations.

    1. Re:Good question by Abcd1234 · · Score: 4, Insightful

      As it happens, this also further damages traditional media business models. Right now, with their control on distribution, the large media companies can use their clout to promote artists they believe are mass marketable. Internet Radio, on the other hand, fractures their market, because smaller (or worse, independant) artists may get more airplay. It also means their current payola schemes no longer work... how can you buy off thousands of internet radio stations running out of people's basements?

      In the end, the only people Internet Radio helps are the small artists and the music-listening public. Unfortunately, neither of these groups has much lobbying clout, and so we see ridiculous outcomes like this.

    2. Re:Good question by mastershake_phd · · Score: 1

      how can you buy off thousands of internet radio stations running out of people's basements?

      Hot pockets?

    3. Re:Good question by Ayal.Rosenthal · · Score: 1

      The ultimate beneficiary in this may end up being XM-Sirius (or Siruis-XM, whatever they'll call themselves). Internet-based radio will likely need to be a paid service with a pricing point similar to satellite. This means that propietary content will be the deciding factor for consumers and satellite just might have a chance of surviving.

      --
      Social liberal, fiscal conservative, always sarcastic.
  9. I think we can all agree.. by eriklou · · Score: 1

    I think we can all agree that the RIAA and MPAA are stuck in the past with obsolete marketing and values. They are ether to retarded to see where things are and where they going or they are realizing that they are the middle man that is easily replaceable via the most abundant resource we have at the moment, the Internet.

    What we need is for these people to be slapped back down to the supporting role that they started out as, this is a prime example of abuse of power.

    Quick sue the collage students! /diaf

  10. Hardly a fair deal? by Opportunist · · Score: 1

    Huh? What did you expect? You've never been involved with the mafiaa, or you'd know that you can't get a fair deal with 'em. Monopolies don't tend to make fair deals.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  11. "terrestrial" radio? by The+Living+Fractal · · Score: 2, Insightful

    That's the worst possible word to describe what is simply IP radio. What does it even mean? That the radio travels over lines that are on the ground? And what happens when it goes through the millions of wireless broadcast points and everyone can access it like it was...radio?

    Radio is radio. The idea that they should be taxed differently is absurd. Even more absurd is the idea that IP radio be taxed more than normal radio because normal radio can be freely recorded and digitized by anyone within the broadcast radius, whereas to get IP radio you have to be paying for internet access (most of the time).

    TLF

    --
    I do not respond to cowards. Especially anonymous ones.
    1. Re:"terrestrial" radio? by The+Living+Fractal · · Score: 1

      OK, so I read that completely wrong.

      Let the pain begin. :)

      Sometimes I really wonder why /. doesn't have an edit function. Why why why?

      TLF

      --
      I do not respond to cowards. Especially anonymous ones.
    2. Re:"terrestrial" radio? by grimJester · · Score: 1

      Radio is radio. The idea that they should be taxed differently is absurd. Even more absurd is the idea that IP radio be taxed more than normal radio because normal radio can be freely recorded and digitized by anyone within the broadcast radius, whereas to get IP radio you have to be paying for internet access (most of the time).

      I agree that the medium shouldn't matter at all for the cost of distribution rights. However, the fact that people pay for net access has as little to do with anything as the fact that you pay for electricity.

      What matters, in the end, is how much money and control the copyright holders get out of the deal. I have no doubt that they would rather raise royalties high enough to kill off Internet radio than keep them at the point where their revenue from it is maximized.

  12. Great returns! by Bobzibub · · Score: 4, Insightful

    $2.3B per year on a $23m investment in bribing congress (http://opensecrets.org/industries/indus.asp?Ind=B 02) is:
    ($2,300,000,000 / $22,699,424) *100%= 10,132% return. = Damn near priceless.

    Now RIAA members *could* invest in modernizing their legacy business model, but their current one is clearly much more lucrative.

    1. Re:Great returns! by Shelled · · Score: 1

      Someone who truly understands the business model. Mod up.

    2. Re:Great returns! by jacquesm · · Score: 2, Insightful

      the first time I read about the RIAA was when I was building a record player pre-amplifier.

      If I had known at the time what I was getting involved with I would have left it at a
      flat curve :)

      But I think that another 10 years or so should see the end of them as a relevant entitiy,
      they won't go without a fight though, that's for sure.

    3. Re:Great returns! by RobBebop · · Score: 1

      The RIAA won't go away until musical artists stop going to the record companies who form the RIAA to "broadcast" their material. The artists won't stop going to these mafiaa companies until there are other alternatives for them to go to so they can (a) broadcast their music, and (b) earn a living.

      That is what the RIAA is defending, and they are doing a damned good job because outside of MySpace and YouTube there are no universal places to reach listeners from... and who honestly uses MySpace or YouTube to discover new music? Those sites are virtual wastelands for content (i.e. lots of content, but little substance).

      --
      Support the 30 Hour Work Week!!!
    4. Re:Great returns! by Legion303 · · Score: 1

      "Those sites are virtual wastelands for content (i.e. lots of content, but little substance)."

      Kind of like...commercial radio?

      It's too bad music is so subjective--otherwise, my guess would be that the ratio of shit/gold is about equal between commercial radio and the internet.

  13. "Taking into account projected growth..." by jayhawk88 · · Score: 2, Funny

    OK say what you want to about the RIAA, but that's a funny line.

  14. Wanna bet? by nurb432 · · Score: 1

    I think that the addition of the 'levies' will reduce the number of ( legit ) stations broadcasting on the net. So the net ( no pun intended ) income will be less.

    --
    ---- Booth was a patriot ----
    1. Re:Wanna bet? by afterhoursdjs.org · · Score: 1

      There are actually very few fully legit internet stations in the US. Minimum fees from SESAC/SoundExchange/ASCAP run around ~$2,400 a year. It's tough to foot that kind of bill when your income is ad and donation based.

  15. Save Our Internet Radio by webgeek2point0 · · Score: 2, Informative

    Check out www.saveourinternetradio.com. Sign the online petition. Write your Congressman. For anybody out there who listens to stations like Radio Paradise and Pandora (my personal favorite), let your voice be heard before these staggering fees kill these great stations.

    --
    "End of Line." - MCP
    1. Re:Save Our Internet Radio by Legion303 · · Score: 1

      No!

      Petition the larger streaming stations to stop playing useless shit from the RIAA, find indie bands who want exposure and are willing to allow the station to play their songs for free, and stop buying into the idea that the RIAA controls music.

  16. Competition? by Anonymous Coward · · Score: 0

    So why don't a bunch of indie bands get together, and create an alternative to ASCAP/BMI/SESAC cartel and set their OWN rates for radio royalties much lower... or even zero.
     

  17. Push Money by mazphil57 · · Score: 2, Interesting

    Meanwhile, the corporate Clear Channels pay just $550 Million for broadcasting the same songs

    Ordinary radio stations are expected to play [only] the songs they've received incentive pay or broadcasting discounts to promote. For example, if a performer is giving a concert soon nearby, airplay will be purchased of that performer's songs to drive ticket sales.

    There is software that "listens" to the radio station and verifies that the songs and commercials they've been paid to play a certain number of times are actually being played that many times. Usually it is fully automated, but occasionally a human with headphones is needed when the software isn't sure (kind of like voice recognition software).

    I interviewed at a company that provided this software in 1995 (it ran under DOS).

    1. Re:Push Money by TheRealMindChild · · Score: 1

      Ordinary radio stations are expected to play [only] the songs they've received incentive pay or broadcasting discounts to promote.

      Thy shouldn't be. See Payola

      To quote the first paragraph:
      In the American music industry, the practice of record companies paying money for the broadcast of records on music radio is called payola, if the song is presented as being part of the normal day's broadcast. The practice is illegal in the U.S.

      --

      "When life gives you lemons, don't make lemonade. Make life take the lemons back!" -- Cave Johnson
    2. Re:Push Money by mazphil57 · · Score: 1

      Your Wikipedia link does not refute my assertion, it only says direct record company payments to radio stations are illegal, not the payments by third party intermediaries. Your link also shows three record companies settling with Elliot Spitzer in 2005 over this practice.

  18. Correct, the numbers will never get there. by Teancum · · Score: 2, Insightful

    You nailed this sentiment.

    It seems as though some of the individuals involved here (typical of government bureaucrats BTW) don't have the first idea of basic economic theory:

    If you raise the price of something, the demand goes down. How simple can you get here?

    There are some product like gasoline which in the short term doesn't display this tendancy, although even the oil companies have been required to adjust to fuel efficient vehicles, where even state taxation authorities have realized that highly fuel efficient vehicles don't pay nearly the same fuel taxes that gasoline hogs once did... proportional to the number of miles those vehicles actually drove.

    In the case of a pure luxury consumer product like music, this sort of economic theory is much more apparent. For music performers who perform live concerts, they have known this for decades and for the most part have astronomical ticket prices because their arenas and other places they perform at are limited in size. They can get away with the high prices because it is expensive to build larger arenas or performing halls. Cutting their audience size to 1% of those who might be willing to attend if the ticket prices were more reasonable wouldn't make a difference if they can still fill a 100,000 seat arena with that 1%.

    For internet radio, the number game is something that plays out significantly different. First of all, most people who are hard fans of musical performances have been used to obtaining "free" music over the internet, even if they subseqently purchase the same music on a CD afterward. That is the key point, that much of what is done on the internet is a form of advertising.

    While I have no doubt there is some way that music studios can "maximize profit" here in terms of royalties for these internet music rebroadcast sites, the amount of money to be made is going to be even at best far less than this $2 billion that is being claimed. The money simply isn't there. And even if it were, how much of this is going to be coming from other revenue sources that the music industry currently is already taking. If you spend it on a subscription to an internet radio station, are you going to purchase the CD, or go to a concert with the same money? I don't think so. It has already been spent.

  19. Outsourcing by Quzak · · Score: 2, Interesting

    It just shows that its time once again for Americas FAVORITE game show!!!!!!

    OUTSOURCE

    Simply outsource the radio broadcasting service/equipment to someplace where location != United States.

    --
    Support your local school shooter, give them your firearms.
    1. Re:Outsourcing by afterhoursdjs.org · · Score: 1

      Long reach of RIAA - google SESAC / SoundExchange.

  20. Fees are retroactive so... by Em+Ellel · · Score: 2, Informative

    It was actually back in 2002, all thanks to the DMCA CARP ruling. The SomaFM About Page covers what they went through during that time. Now, with the latest fees, they're looking at about $1 million in royalty fees for the year of 2007, compared to $22,000 for 2006.

    And all this just as I started listening to them... thanks a lot, Copyright Royalty Board. Assholes. Actually the fees are retroactive to 2006, so they still owe $1m for 2006, they just did not know that in 2006. This is ridiculous.

    -Em
    --
    RelevantElephants: A Somatic WebComic...
    1. Re:Fees are retroactive so... by Tassach · · Score: 1

      Actually the fees are retroactive to 2006
      So much for the Constitutional prohibition against ex-post-facto laws. Somebody needs to fight this in court, it's blatantly unconstitutional.
      --
      Why is it that the proponents of "one nation under God" are so eager to get rid of "liberty and justice for all"?
    2. Re:Fees are retroactive so... by Em+Ellel · · Score: 1

      So much for the Constitutional prohibition against ex-post-facto laws. Somebody needs to fight this in court, it's blatantly unconstitutional. I don't think this is a law and thus not unconstitutional - however it could be illegal business practice.

      Personally, I think retroactive pay-per-play (payola laws do not cover Internet!!!) fees are in order. RIAA now owes us 10 cents per song per listener we have played since station's beginning in '95. That should be a few trillion dollars.

      While above is a joke, I think pay-per-play IS the answer to this. Let internet station CHARGE RIAA artists for playing their songs. If internet has so many listeners, the labels and artist will have to bypass RIAA to SELL to the stations. If you can get some momentum on this, you can make RIAA irrelevant fast as signing up with them means your songs do not get played.

      -Em
      --
      RelevantElephants: A Somatic WebComic...
  21. The irony is they are writing their death sentence by bloosqr · · Score: 4, Informative

    The *royalty* payments are only for RIAA/BMI/ASCAP/Harry Fox related artists and labels. All the labels in the indie scene and the labels are actually labels that are much bigger than you might think (though this excludes the fake indies or 'boutique labels') will give you - if you ask nicely - a blanket license not only to stream their music but to podcast it as well. Podcasting has serious licensing issues well beyond streaming internet radio but all of this is obviated if you are allowed to negotiate with the label or the copyright owner directly. Remember the RIAA/BMI/Harry Fox are acting on behalf of *their* labels, not music in general. They can not dictate what a label or an artist themselves say if the artist and the labels are not part of that agency.

    To be clear, my show gets about 1500 listeners a week and industrial / new wave electro and here is a list of labels that have given permission:

    http://www.bloosqr.com/the%20essence/the%20labels. html

    *the irony* of these laws it is giving these labels much more exposure because by definition the indie/hipster/creative kids making their shows are now even more likely to only play music from the indie labels and more over anyone looking for internet music is more than likely to be exposed to music from these labels which given the distate for the "big 4" could easily turn some of these artists/labels into the next big thing

  22. Article seems confused about facts by multisync · · Score: 1

    A recent article from BetaNews has analyed facts and figures on royalties currently paid by terrestrial radio stations to the three major performance royalty organizations (PROs) -- ASCAP, BMI, and SESAC -- and has determined that, under the new rates proposed last week by the Copyright Royalty Board (CRB), Internet radio stations operating in the U.S. would have to pay $2.3 billion in performance royalties annually, compared to $550 million for the more than 14,000 terrestrial radio stations combined.


    I couldn't get to that article at BetaNews, and I'm not dusputing their contention that Internet radio is facing a huge bill from owners of the rights to sound recordings, but they have left out a few crucial elements in their description of what is occurring.

    The fees payed to ASCAP, BMI and SESAC go to the composers of work, the first two are not-for-profit organizations who distribute most of the money they collect and all stations - terrestrial and Internet based - pay them.

    They are based on a percentage of the station's income and amount to approximately three percent, according to the comentary I have read by the owner of an Internet radio station.

    The "performance royalty" rates recently announced by the CRB are a fee collected by SoundExchange on behalf of record companies, they are charged on a "number of listeners times number of songs" baisis, and - thanks to the Digital Performance Right in Sound Recordings Act of 1995 - they are paid by Internet broadcasters only. The rates for the period covering 2006 - 2010 are so extreme they threaten Internet radio as a viable model.

    I don't doubt their projected figures, though. It's easy to arrive at them. Just estimate the number of people who listened to Internet radio music stations in 2006, multiply that by the number of songs you think got played and multiply that by $.0008.

    A few billion wouldn't suprise me.

    --
    I don't care why you're posting AC
  23. Re:The irony is they are writing their death sente by Abcd1234 · · Score: 1

    The problem is that it can be a significant legal hassle to get the necessary agreements in place, a hassle which is costly in both time and money. The result is that many internet radio stations will likely just disappear.

    What the indie scene desperately needs to do is band together and form a licensing clearing house, similar to ASCAP and the like, which could serve as a single point of contact for radio stations to license their works.

  24. Re:The irony is they are writing their death sente by bloosqr · · Score: 1

    Its not as hard as you think to be honest.. I'm not saying its a piece of cake but there are two sides of this.. the legalesque is only needed to cover you in case the label is going to sue you. If as is mostly the case the non-ascap/bmi labels aren't going to sue you for the obvious reason that streaming radio is an asset, so most people 'fly under the radar'. Getting permission isn't much more than sending labels an email.. a few of them are actually starting to clue in to this and have blanket permission statements on the website ( archenemy, freezepops old label is a good example of this).

    -best,
    -avi

  25. Re:The irony is they are writing their death sente by drspliff · · Score: 1

    Of the radio stations I listen to, most are very niche internet radio stations run by DJs and the associated community. Out of maybe 100 djs, a good 20-30% of them actually produce their own tracks and use it as a form of marketing for themselfs.

    We're talking very very small record labels here, with a handful of releases a jear catering for DJs. This is so highly in contrast with what the big labels are doing that I really don't think they have enough perspective to suggest that this should be adopted on a wider scale.

    But as you mention, this only applies to artists signed to big-name labels rather than us little folks... but I've not heard many internet radio stations playing artists signed to labels which are members of the RIAA etc. mainly because it's all mass marketed crap.

    The only people I can see being hit by this are the stations which play lesser known pop from the 60s through to the 80s, who's copyright is still held by the big record labels but is no longer available in stores or on commercial radio.

  26. Oh, they can kiss my ass. by rantingkitten · · Score: 4, Informative
    As the operator of an internet radio station myself, my response is "kiss my ass". Like most other stations, I broadcast things that aren't ever going to be heard on conventional radio, giving (relatively) niche or obscure artists that much more free exposure. I know this works for two reasons:

    1. I myself have bought albums after hearing certain artists' songs on other net radio stations -- music I would never, ever, ever have heard otherwise except perhaps in the drunken haze of a goth club.

    2. Several independent artists have sent me singles and even entire albums, encouraging me to put them in rotation. To quote the latest, after he sent me a few samples and I liked 'em:

    Thanks I appreciate the exposure, it's hard to get the music out as an
    independent artist which is why I'm trying to get radioplay. The CD is
    the mail.

    This has happened several times. It's good for the artists who are trying to get noticed; it's good for the audience who gets to discover new music; it's good for the broadcaster cause it's just fun. I get permission from many of the labels or artists to play their stuff, and when I don't, well, it's a freaking 96k broadcast that can't be copied without some technical know-how (certainly much more difficult than jamming a tape into your radio and hitting "record"). Exactly who is being harmed here?

    The RIAA's outmoded and antiquated business models, and their continued attempts to strangle the life out of emergent technologies, is absolutely appalling. I'll continue to broadcast from my host in Germany and here's a big screw you to the suits. I don't make a single cent off my broadcast, and I don't play the kind of music that would come close to competing with the mass-appeal fare on the normal airwaves. You'll never get a dime from me.
    --
    mirrorshades radio -- darkwave, industrial, futurepop, ebm.
    1. Re:Oh, they can kiss my ass. by afterhoursdjs.org · · Score: 1
    2. Re:Oh, they can kiss my ass. by rantingkitten · · Score: 1

      Yeah, I've listened to them before, and they seem to have kind of the same deal. no radio station in the US that I know of is going to play trance, certainly not the generally unknown stuff from afterhoursdjs -- as far as I can tell artists on that station aren't even signed to any major label. Why would the RIAA care about that? Utterly idiotic.

      --
      mirrorshades radio -- darkwave, industrial, futurepop, ebm.
    3. Re:Oh, they can kiss my ass. by reverius · · Score: 1

      Some radio stations will happily play that sort of material and will never bow to the RIAA. There's a new revolution coming. People everywhere are getting pretty sick of the RIAA telling us how much music should cost and who should be paying. It's time for a change in leadership (or just complete anarchy). Let the free market rule, and get rid of the outdated cartel.

    4. Re:Oh, they can kiss my ass. by conureman · · Score: 1

      I was sitting in a club one night with a musician and the father of another musician once, and mentioned that I was sneaking 45's into the jukebox at my job. The dad was thrilled to get my address and his son sent along all three of his own singles, just for the thrill of the exposure and free promotion. And he thanked me for doing it. One of the songs was getting a lot of airplay on the radio then (and now). Once you get past the "middlemen", you often find an artist who just loves to have an audience, and realizes that free airplay does not hurt financially.

      --
      The cost of that cleanup, of course, will be borne by taxpayers, not industry.
  27. The new low price for music downloads. by Drew+Sullivan · · Score: 1

    If internet radio sends only a single copy of the music (At the new low low price of $.0008 per performance) And then sends play lists. The radio station has only played it once. How long it is "cached" on the user's computer is not something the radio station need to deal with. Once "cached". Under fair use it can be put on iPods and other media players.

    Looks like a good deal to me.

    --
    -- Linux Consultant
  28. They're taking away my soma by patiodragon · · Score: 1

    This proposal is an incredible increase for a small web broadcaster like

    http://somafm.com/

    Without my soma, I won't want to play sex games with all the other children.

    "All citizens are expected to be involved socially; spending time alone is discouraged and sexual promiscuity is norm. Recreational drug use has become a pillar of society and all citizens regularly swallow tablets of soma, a narcotic-tranquilizer that makes users mindlessly happy."

    Ref: http://en.wikipedia.org/wiki/Brave_New_World

  29. Help stop the RIAA by karabfak · · Score: 1

    I'm a frequent listener of net radio and the stations I've been listening to have been advertising a website that has been put up to help support net radio. The website is www.savenetradio.org they've got a petition setup on there as well as other ways that people can help a good cause. Spread the word, tell your friends about it, help stop the madness that is the RIAA!

  30. Re:The irony is they are writing their death sente by Weezul · · Score: 1

    Why not just try to merge these contracts into one "starting point" contract for the labels to place on their webpage? No doubt some labels will change it. But, as with OSI approved licenses, you could still have some site listing everyone who follows more-or-less this license. Such an indexing site is a major selling point of posting the license because radio operators themselves will find your material more easily.

    A big boost to the labels might be asking the radio stations to clearly present their playlist *with* links to the artist/label. I'm sure more labels would the generic license on their webpage if they knew it meant more click through traffic.

    --
    The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
  31. Clear Channel == *stupid* by Nom+du+Keyboard · · Score: 1
    Meanwhile, the corporate Clear Channels pay just $550 Million for broadcasting the same songs we've all heard before. Hardly a fair deal."

    This just illustrates that Clear Channel is stupid, careless with their shareholder's money, or knows they'll still come out ahead on advertising revenue because we're stupid and continue to listen to the same music over and over again on the radio, rather than on our iPods.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  32. Synthetic music by Anonymous Coward · · Score: 0

    Why must I depend on some commercial entity to produce music for me to enjoy?

    Why cant I have a software, that I tell that what kind of music I like, and it on-the-fly dynamically generates a random song for me that I can enjoy and listen to?

  33. Sign the petition now! MOD THIS UP! by joekampf · · Score: 1

    A petition can be signed to over turn this ruling can be found here: http://www.petitiononline.com/SIR2007r/petition.ht ml

    --
    When a man lies he murders a part of the world.
  34. easy way out? by Treates2 · · Score: 0

    couldn't these radio stations drop all these artists who belong to the riaa, and just play indie music, seems like a win>win>win situation -- riaa's artists dont get radio play, or payed = wake up call, so they start their own label, indie artists get exposure they deserve, they gain more fans, and the trend continues to grow until riaa, is buried like a dinosaur bone. and no archeolegest i know would ever dig them up again.

  35. Reverse Payola by Anonymous Coward · · Score: 0

    Here's how it will work: since the record labels can't use Payola any more, they'll just offer the music they want to push to broadcasters FOR FREE. All other music, they'll have to pay royalties on.

    It has the same affect, the balance line goes up for stations who play the crap the big labels are pushing. Legal payola, and this time it isn't costing the labels anything!

  36. Label vs. Label by H3XCAT · · Score: 1

    Disclaimer - I'm the owner of an internet radio station.

    Independent labels are starting to worry the majors. In particular, Internet Radio plays a big role in this as it tends to help the independents & the majors would probably be happy to see it go away.

    Specifically, in the genres we support, artists have had some great success on the Billboard charts in 2006. Most notably, Mindless Self Indulgence & Cruxshadows who each took a turn at knocking a major out of the #1 spot, yes that wasn't a typo, they each hit #1 on the dance singles chart for several weeks, knocking first Justin TLake, then Beyonce out -- to the majors, that's lost $ & lost prestige. And that's not all, several other artists from the "Goth" genre also showed up in the Billboard top 20 charts in 2006, pushing the pets of the majors down the ladder every time.

    We play & promote ONLY non-major label artists, so they (& their labels) benefit from our existence. Independent labels seem to be more clued in to the impact of the internet & use it to their advantage as the majors blunder around like blind elephants suffering increasing brain damage from repeatedly bumping into walls.