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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."

30 of 102 comments (clear)

  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 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.

  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 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.

  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.

  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 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.

    3. 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.
    4. 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.
    5. 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.
  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. 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.

  7. "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.
  8. 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 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.

  9. "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.

  10. 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
  11. 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).

  12. 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.

  13. 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.
  14. 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...
  15. 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

  16. 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.