Slashdot Mirror


RIAA Claims Ownership of All Artist Royalties For Internet Radio

ISurfTooMuch writes "With the furor over the impending rate hike for Internet radio stations, wouldn't a good solution be for streaming internet stations to simply not play RIAA-affiliated labels' music and focus on independent artists? Sounds good, except that the RIAA's affiliate organization SoundExchange claims it has the right to collect royalties for any artist, no matter if they have signed with an RIAA label or not. 'SoundExchange (the RIAA) considers any digital performance of a song as falling under their compulsory license. If any artist records a song, SoundExchange has the right to collect royalties for its performance on Internet radio. Artists can offer to download their music for free, but they cannot offer their songs to Internet radio for free ... So how it works is that SoundExchange collects money through compulsory royalties from Webcasters and holds onto the money. If a label or artist wants their share of the money, they must become a member of SoundExchange and pay a fee to collect their royalties.'"

82 of 458 comments (clear)

  1. when I was a young boy by yagu · · Score: 5, Interesting

    When I was young, my Dad told me the RIAA was good because they took care to ensure our music was reproduced with as high fidelity as possible. For example, the RIAA worked with the recording industry to establish techniques and standards for "storing" bass on vinyl by attenuating it, but incorporating offsetting amplification to restore the bass to its correct presence allowing for more music on a single vinyl disk. Thus the RIAA was there to ensure or help ensure the best possible music experience.

    Oh how things seemed to have changed. I don't know if my Dad was correct (I didn't do the research), but regardless, the RIAA certainly seems to be the antithesis to the "old" RIAA. Today the RIAA sounds more and more like organized crime, except that to date, for some reason, every thing they do seems to be deemed legal.

    So, it seems the RIAA has become evil. It's probably time people tried to fulfill their musical quests elsewhere as much as it may be possible. If you still need and want to listen to Janet Jackson, so be it, but:

    Someone on slashdot turned me onto this before, I feel it important others check it out... I've signed up and have been a member of emusic for a while now, and now have over 300 non-drm'ed mp3s and love it. And, I don't have to worry about the RIAA, at least I don't think I do. After reading their staked "claims" in the article, I'm not so sure. Regardless, should it actually be so, check emusic out.

    1. Re:when I was a young boy by omeomi · · Score: 4, Interesting

      For example, the RIAA worked with the recording industry to establish techniques and standards for "storing" bass on vinyl by attenuating it, but incorporating offsetting amplification to restore the bass to its correct presence allowing for more music on a single vinyl disk. Thus the RIAA was there to ensure or help ensure the best possible music experience.

      I believe what you're referring to is usually called RIAA equalization, or the RIAA curve.

    2. Re:when I was a young boy by mrcdeckard · · Score: 5, Informative


      your father was correct. in fact, as another poster mentioned, the eq curve still bears the name of the organization (RIAA EQ CURVE), and basically describes how vinyl should be "encoded" during mastering, and "decoded" during playback.

      it's an issue with vinyl, because if the cutting head moves too much (from bass frequencies), it can actually cut into the adjacent groove, so you can compensate by turning the head in more each turn, but the storage capacity (length of time) suffers.

      interestingly, how bass energy is dealt with today is super duper limiting -- this can almost be thought of as dynamic eq, but it's not. it takes place in the time domain rather than the frequency, but when a blip of low end energy hits the limiter, it turns it down -- coupled with the make up gain, this effectively turns everything else up.

      this is why modern music SOUNDS LIKE ALL CAPS.

      mr c

      --
      "Physics is like sex. Sure, it may give some practical results, but that's not why we do it." - R. Feynman
    3. Re:when I was a young boy by NoTheory · · Score: 5, Interesting

      Try again, AC :P

      I'm not clear that this would fall under RICO, and none of my lawyer (or law student) friends are awake at this hour. I'm not clear that you're allowed to take payment for someone who has not given you the right to do so. I'm certain that such a scheme could be legalized by the US Government (i.e. designate a single authority to handle some particular issue [ICANN for instance]), but a random corporation just reaching out and grabbing it is pretty fucking brazen. But given their relations with their sock puppets over at FCC, it's still a possibility i suppose.

      --
      There are lives at stake here!
    4. Re:when I was a young boy by binarybum · · Score: 5, Funny

      funny, must be a generation gap thing - when I was young my Dad told me the RIAA ate children my size and used their bones to make soup, and that if I didn't shut my mouth and clean my room that the RIAA would come for me.

      --
      ôó
    5. Re:when I was a young boy by pipingguy · · Score: 4, Insightful

      This must have been from back when the RIAA had actual engineers working for them rather than just MBAs and predatory lawyer-types.

    6. Re:when I was a young boy by Anonymous Coward · · Score: 5, Informative

      For a production run the masters are cut on a lathe then the presses are then made from the master. "test-pressings" (which aren't actually pressed) and low volume runs (dub plates) are cut directly to acetate.

      Oblig wikipedia

    7. Re:when I was a young boy by Workaphobia · · Score: 5, Interesting

      > "Someone on slashdot turned me onto this before, I feel it important others check it out... I've signed up and have been a member of emusic for a while now, and now have over 300 non-drm'ed mp3s and love it. And, I don't have to worry about the RIAA, at least I don't think I do."

      eMusic comes up regularly on Slashdot, and every time it does, I try to mention Magnatune.com. Yes, eMusic has DRM-free music and a decent selection (from what I hear, I never subscribed), but Magnatune has that plus the ideology. While the former got rid of DRM as a business decision in order to enter an under-exploited market, the latter is actually trying to change the face of music in the internet age.

      Magnatune's policies include: No DRM, multiple free formats, medium quality songs distributable for free (the full-length samples are Creative Commons licensed!), choose your own price, 50-50 split between label and artist, and more. Check out the info link for details.

      Disclaimer: I am not affiliated with Magnatune, I simply am a very satisfied customer.

      --
      Evidently, the key to understanding recursion is to begin by understanding recursion. The rest is easy.
    8. Re:when I was a young boy by mrcdeckard · · Score: 2, Informative


      although vinyl masting *could* use a compressor to squeeze more onto the vinyl (and maybe necessary if the master tapes have a higher dynamic range than the vinyl), but it's not part of the "spec". the RIAA EQ curve really is just a curve - and can almost be thought of "compression" in the information sense. the key is that it's tied to the format, and all consumer record players have a "decoding" eq built in.

      the limiter for the digital stuff i was talking about IS a compressor. but it's not decoded during playback.

      i had a tascam ms-16 1" tape machine that had dbx I noise reduction. this essentially boosted the highs and applied a 2:1 compressor going TO tape, and did the opposite coming off of tape. it worked well (i never used it, though, for aesthetic reasons). this is an example of time-domain compression and EQ ( i wonder if the EQ can be thought of as frequency domain compression . . . .)

      mr c

      --
      "Physics is like sex. Sure, it may give some practical results, but that's not why we do it." - R. Feynman
    9. Re:when I was a young boy by alienw · · Score: 2, Informative

      sounds like are talking about "compression" which is dynamics processing, but not EQ - a compressor (like any audio processor) has an input and an output - you define a threshold and every time the input gain surpasses the threshold, the gain is reduced by a specified ratio and that becomes the output - as you mentioned,

      Your description of compression is not correct. If you just clipped the peaks of the signal, you would get nasty distortion. Compressors actually run the signal through an envelope detector, lowpass it with an adjustable filter (which determines the attack/release time), and then use that signal to modulate the gain of an amplifier. The compressor doesn't look at the signal, it looks at the envelope of the signal. A compressor differs from a limiter in that compressors can increase AND decrease levels, while limiters only decrease the level to prevent clipping.

      Compression is a valid technique, and it is impossible to make a good recording without it. However, it has been notoriously abused by recording engineers trying to make the recording sound "louder" on the radio, and making the CD sound identical to the radio version. This is a symptom of the general decline of hi-fi audio, and the proliferation of automotive CD players. Many recordings today have a dynamic range of only 0.5dB, which makes them sound flat and lifeless. They are also recorded at a much higher level, with considerable distortion already in the recording. If you listen to The Dark Side of the Moon, leave the amplifier knobs where they are, and pop in Californication, your ears (and possibly speakers) will pretty much explode.

  2. All your base... by reaktor · · Score: 3, Insightful

    does not belong to the RIAA. There are things called contracts which point out who the copyright owner is of a certain intellectual property (music). The RIAA cannot claim that it owns royalties of something it does not own. When we all thought the RIAA could not possibly go any lower...

    1. Re:All your base... by spyowl · · Score: 4, Interesting

      There are things called contracts which point out who the copyright owner is of a certain intellectual property (music). The RIAA cannot claim that it owns royalties of something it does not own.

      Doesn't matter. There are laws in many countries that mandate that certain portion of the sale price of a recording device, or a recording medium go to RIAA or their respective equivalent in that country. You could claim all you want that you never recorded or dealt with an RIAA copyrighted content and you never recorded any of it using that device or medium you purchased, but that doesn't exclude you from the RIAA tax - you still have to pay it.

      The same general principle could apply to the Internet radio and given that it has successfully worked for the recording devices/media, there is no guarantee that all of a sudden lawmakers in all countries, including the U.S., will come to their senses and deny the RIAA their "right" to purchase their share of legislation.
  3. How does this help the artist? by Weaselmancer · · Score: 3, Insightful

    Part of the whole RIAA con is that they loudly proclaim that they are doing all the crap they do "to defend the little guy, the artist." That's how they moralize what they do. They're just here to help.

    So, exactly HOW does this accomplish that? Are they going to cut paychecks to all the indie artists they're leeching off of?

    I'm betting not.

    --
    Weaselmancer
    rediculous.
    1. Re:How does this help the artist? by drgonzo59 · · Score: 3, Funny
      Yeah, I remember when they started showing their little anti-piracy clips before the movies in the movie theaters in U.S. The "funniest" one was of a set designer that looked like a regualar blue colar worker with a flannel shirt and suede boots (live in a blue color town, so they hoped it would "resonate" with the locals) , sad marimba musing came on and the voice over was saying how the poor set designer needs to put food on the table and pirating takes food away from his family. I started laughing! In my mind I had the more truthful version of it:

      It start by panning around a rich mansion on the coast of the Pacific with 2 pools, a 5 car garage and a yaht on. A very rich family of a CEO of EMI lives there and he is having a conversation with his 15 year old daughter, he sadly tells her that unfortunately she will have to settle with just a Mercedes sports car for her next birthday instead of having a Ferrari, because those evil pirates downloaded movies for free. ... Sad marimba music comes on and the daughter start crying, throws herself on the ground and start having a hysterical fit. The screen fades to black and a marque scroll by with the words "LOOK WHAT THE PIRATES HAVE DONE!". The end.

      Maybe someone would want to make such a clip and put it on Youtube...
    2. Re:How does this help the artist? by MrYotsuya · · Score: 5, Funny

      I remember seeing a similar ad in the theatres, it ended with some sort of slogan like :

      "Don't download movies off the internet"

      I couldn't believe what I was reading, so I said "Holy Shit! You can download movies off the internet?" As loud as I could. Since then I haven't seen the same ad in the theatre.

    3. Re:How does this help the artist? by Wandering+Wombat · · Score: 4, Funny

      No kidding! They practically TOLD me to do it! As soon as they make good enough movies to merit the effort of downloading, I'll do it.

      --
      I like to place meaningful quotes in my sig, so people will know that I know what meaningful quotes are.
  4. Wow. by rizzo320 · · Score: 4, Insightful

    All you can say is wow. This is the power play that everyone was expecting. For several years, SoundExchange was all about "collecting for the artists", so that they get their "fair share". Now that new regulations have been set, the true colors are coming out. As usual, they are in it for themselves- it just took a few years of trickery and disguise. Most of us could see through it, but heck, they tricked enough people to get the current set of legistlation and royalty rates approved.

    The RIAA is alienating listeners, and now alienating artists. These policies will only cause artists and music lovers to seek alternatives- even more so than before. Eventually, SoundExchange will be collecting nothing, because they'll alienate themselves out of business.

    It's not about the artists. It's not about the music. It's all about control. That's all it will ever be to the RIAA/SoundExchange.

  5. Keep digging by shmotlock · · Score: 2, Insightful

    The worse it gets, the sooner it will end. The RIAA is digging their own grave. Keep it coming.

    --
    - John Smilanick (http://www.johnsmilanick.com/
  6. RIAA... great business, or greatest business? by AbsoluteXyro · · Score: 5, Insightful

    You have to hand it to the RIAA. That is a brilliant business model. By claiming these royalties and "holding on to them" until the artist pays a fee to receive what is rightfully theirs, the RIAA is essentially getting an interest free loan from every artist that gets net radio play. ON TOP OF THAT, the artists have to PAY the RIAA in order to be compensated for the loan (on which the artists collect no interest)! That my friends, is the best money making scheme I have ever seen. Ever. Just beautiful. From a businessman's point of view, it brings a tear to my eye.

    1. Re:RIAA... great business, or greatest business? by Froggy · · Score: 5, Insightful
      You have to hand it to the RIAA.


      That is their business model.

      --
      It is a woman's prerogative to change other people's minds.
  7. Pay a royalty to collect their fees... by drgonzo59 · · Score: 4, Funny
    Pay a royalty to collect their fees...


    Hmm, this sounds just like a letter I got the other day



    Hello dear Sir or Madam, This is Mugu Maccaca The III, the son of the late Mugu Maccaca The II, the prime minister of Nigeria. I respectfully request your assistance in transfering a sum of $65,000,000.00 from the bank account of my father who has past away. For your assitance you will get 25% of the total sum. To initiate the transfer we will need your help to pay a $7,345.34 fee to unfreeze my father's money. Please help me as the rebels are coming closer and closer to taking control of my inheritance. Your help will be aboundantly rewarded.


    Thank you and God bless.
    Mugu Maccaca The III, the son of the late Mugu Maccaca the II



    1. Re:Pay a royalty to collect their fees... by walnutmon · · Score: 2, Funny

      I certainly hope they get my reply before they get yours!

      I'm rich Niger!

      --
      You take it, I don't want it...
  8. This is the exact definition of the Mafia by xquark · · Score: 2, Funny

    Now the only question remaining, Is Tony getting his cut?

    --
    Arash Partow's Philosophy: Be a person who knows what they don't know, and not a person who doesn't know.
  9. Its madness by Dr.+Eggman · · Score: 4, Interesting

    There exists a line. A line between everyday villainy and cartoonish supervillainy. The SoundExchange didn't just cross that line, they picked it up and moved it up with them. This is just in the realm of the unbelievable now.

    --
    Demented But Determined.
  10. Well then by davmoo · · Score: 5, Funny

    I cannot sing worth a shit, and I will freely admit that. But I am **SO** tempted to make some recordings of me singing in the shower, and maybe some of my cockatiel doing his calls along with the music, and start up an internet radio station that plays only those tracks. I will then invite SoundExchange to come over and lick the sweat off my balls.

    --
    I want a new quote. One that won't spill. One that don't cost too much. Or come in a pill.
  11. There must be some antitrust issues here... by YouHaveSnail · · Score: 3, Insightful

    Even if SoundExchange can somehow make its claim to be able to collect royalties for nonmember artists stick (seems pretty dubious), one would think that they'd run into some serious antitrust issues if they then try to use that power to compel nonmember artists to become members. Essentially, they're claiming a monopoly on royalty collections, and then using that monopoly to reinforce their position. You're not supposed to do that...

    1. Re:There must be some antitrust issues here... by Teancum · · Score: 5, Insightful

      The only problem with the monopoly aspect of their business is that they are a government sanctioned monopoly, just like Major League Baseball or Amtrack. If you tried to set up an interstate passenger rail service without the express permission of Amtrack, just for an example, you will find out in a real hurry who has been granted the monopoly and you won't find a judge to overturn this law either.

      And the same goes here for the RIAA and "SoundExchange". They are a government granted monopoly. The real trick here is to make the charge of being a "monopoly" stick in the mainstream public media and to demonstrate why this monopoly is such a bad deal, or even how the RIAA is gradually killing off the American music industry. Or how it is already dead. Most average people don't understand this concept, even thought it is obvious by now that the only realistic way for a young singer to break into the top tier of recording artists is through gimicks like "American Idol". If the RIAA didn't have such a stranglehold on the American music industry, you would find this TV show to be a total flop, as much better performers would already be performing the top songs. IMHO, "American Idol" is a symptom of how bad the music industry has become, and not a genuine showcase of talent.

      Mind you, I like some of the performers that have come through that contest (Ruben Stoddard is one of my favorites), but it is unfortunate that this was the only avenue he had to be noticed. The days of the "garage band" being able to make it to the big leagues through hard work and determination are long over, except for those who have some exceptional luck. People with genuine talent are being ignored and not allowed to propser.

  12. Re:Surely this must be a joke... by omeomi · · Score: 4, Interesting

    How could they not get slapped in court? What judge could take such a claim seriously?

    If they actually start enforcing this, I'm just going to start an internet radio station with my own music. Other artists should do the same. Just let them try to sue me for royalties on music that I wrote/recorded/produced.

  13. Illegal organization by tsa · · Score: 3, Interesting

    OK, that's it. The RIAA can be seen as a criminal organization and should be made illegal. They do more harm than the Hells Angels, and the Hells Angels are banned in many countries, so why not the RIAA?

    --

    -- Cheers!

  14. No different from ASCAP/BMI by interiot · · Score: 4, Informative

    As far as I know, this is no different from other performance rights organizations like ASCAP/BMI/etc. right? They collect money for everyone, whether the artist is registered with them or not. The only question is whether we need yet another performance rights organization...

    1. Re:No different from ASCAP/BMI by UglyTool · · Score: 2
      From your link:

      I do not understand why Indie artists even join these organizations ASCAP and BMI do not collect money from artists. They collect the money from venues, films, television, etc., which allows the artist's songs to be perfomed/played there.

      I used to work at a bar (The Library, near OSU campus), and on occasion we would have local bands play. They were allowed to play *only* their music, with absolutely no cover songs allowed. They could do it because it was *their* music, and, ultimately, they were in control of it.

    2. Re:No different from ASCAP/BMI by c41rn · · Score: 2, Interesting
      ASCAP and BMI only collect fees for the artists (technically, writers) that they represent. For example, if I own a radio station, I could choose to only pay licensing fees to ASCAP as long as I only play songs that are written by artists who are represented by ASCAP and if I make damn sure I never play any songs that are written by artists covered by BMI or SESAC. Since most stations/venues don't want to have to be so careful about each and every song they play, most opt to just pay the licensing fees for all three if for no other reason that they know they won't be sued. You could also choose not to pay licensing fees to any organization if you work it out with each band individually and don't let them play any cover songs.

      As an aritist, you can choose not to register with any of those licensing agencies, but then you never get a cut of the fees that those agencies collect. For most artists, they don't see much of those fees anyway though since it's based on sampled reporting from radio stations, TV, etc.

      What the RIAA is doing is so much worse because they are saying that you must pay fees to them whether you play artists they represent or not. As a station, you can't choose to only play indie stuff and not pay SoundExchange. As a band, you don't have a choice about whether or not the RIAA is collecting fees in your name.

    3. Re:No different from ASCAP/BMI by suv4x4 · · Score: 2

      As far as I know, this is no different [nogenre.com] from other performance rights organizations like ASCAP/BMI/etc. right? They collect money for everyone, whether the artist is registered with them or not. The only question is whether we need yet another performance rights organization...

      Being unable to air your songs for free on radio unless you pay someone (not the author), that's insane, there's gotta be a loophole somewhere about what constitutes a "performance" that can be charged.

      For example dealing with the artist to represent the songs as internal production of the workstation (to the RIAA/SongExchange only), in which case, no money changes hands as no one pays royalties to himself for his own work.

      They can't control internet stations airing independent artists anyway, internet stations pop-up in thousands all over the place, may be placed well outside USA (but be heard in USA). We're seeing the last gasps of those organizations striving for relevance.

  15. On the Compulsory License by corvair2k1 · · Score: 5, Informative

    The article is overly inflammatory, adding emphasis to quotations (which the author/editor doesn't claim) to the word "compulsory" in "compulsory license". Obviously, they didn't do much research into what the compulsory license is in relation to copyright law.

    The compulsory license is largely a way of ensuring that, if a content distributor wishes, it can use certain types of copyrighted works in certain ways. An example includes making a cover of a copyrighted song. Usually, royalties are paid to the songwriter in such cases, and you can work out favorable terms to both parties. However, if the parties don't come to agreement, the content distributor can instead agree to the compulsory license and agree to pay said artist based on the published rates. As long as this happens, the original copyright holder cannot sue (because he/she is getting paid as dictated by copyright law).

    In short, this means that you can indeed make a license directly between you and the copyright holder itself. However, if you're going to use the compulsory license, there is a procedure that has to be in place aside from mailing an unexpected check to the copyright holder... There's no proof you paid!

    So, it's a bit different than the article's author paints it. Of course, most wouldn't agree that the copyright holder should be a member of SoundScan in order to get their royalties, but it's an entirely different issue.

    1. Re:On the Compulsory License by hxnwix · · Score: 2, Interesting

      From the article: "SoundExchange will collect Internet radio royalties for your song even if you don't want them to do so"

      Are you saying that this isn't that case?

    2. Re:On the Compulsory License by cpt+kangarooski · · Score: 4, Informative

      He's saying that it is sometimes the case.

      Basically, the Internet radio station has two licenses it can choose from. It can make a license with the copyright holder directly, for whatever terms they can agree on. Or it can ignore the copyright holder and use the statutory license procedures, which require sending the money to SoundExchange, which will disburse an appropriate amount to the copyright holder if the copyright holder goes through the procedure it has to to get it.

      So radio stations can avoid doing business with SoundExchange, but copyright holders shouldn't, since they don't have control over whether radio stations will use the statutory license. Many will since it's easier than negotiating with each individual copyright holder, however.

      --
      -- 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. Strange that "internet radio" is so special by proxima · · Score: 2, Insightful
    There's very little to distinguish "internet radio" from "downloadable music", because the former can take the form of a streamed mp3 and the latter can take all sorts of forms. That doesn't keep legislation from treating the two very differently.

    As I understand it (IANAL), the whole purpose behind these royalty bodies and standard licensing fees is that it allows radio stations to play music without figuring out and paying each artist/label individually. Basically, it just allows radio stations to exist without the bureaucratic nightmare that would be arranging licensing for the music it wants to play.

    That said, this FAQ may provide the workaround that the summary thinks is missing:

    If I join SoundExchange can I still negotiate a license with a webcaster if I want to?

      Yes. Although membership in SoundExchange prohibits you from licensing your sound recording copyrights to another royalty collective for purposes of collecting and distributing Sections 112 and 114 statutory royalties on your behalf, your membership in SoundExchange does not in any way limit your ability to enter into direct (i.e., nonstatutory) licenses of any sound recordings that you own, whether with webcasters or other potential statutory licensees. SoundExchange simply requires that SRCOs notify it of any direct licenses entered into with statutory licensees or digital music service providers so that it can ensure that payments received from services that hold direct licenses to certain recordings are calculated correctly and allocated properly.

    so you can't say "the royalties I'm due from this legislation about internet radio should go to this other company, not SoundExchange". If I'm reading this right (and it is getting late...), you can grant a webcaster a license outside of the system. I highly doubt that the law regarding internet radio/radio in general prohibits the artist from granting royalty-free use of their music.

    The relevant portion of the law may also explicitly contain the ability to license your work under other terms. I think (C) part (vii) may be it, but I'm not inclined to dig through the language at the moment. That part reads:

    (vii) phonorecords of the sound recording have been distributed to the public under the authority of the copyright owner or the copyright owner authorizes the transmitting entity to transmit the sound recording, and the transmitting entity makes the transmission from a phonorecord lawfully made under the authority of the copyright owner, except that the requirement of this clause shall not apply to a retransmission of a broadcast transmission by a transmitting entity that does not have the right or ability to control the programming of the broadcast transmission, unless the transmitting entity is given notice in writing by the copyright owner of the sound recording that the broadcast station makes broadcast transmissions that regularly violate such requirement;

    but the context of this clause isn't clear to me.

    --
    "The universe seems neither benign nor hostile, merely indifferent." --Carl Sagan
  17. Re:Surely this must be a joke... by RyuuzakiTetsuya · · Score: 5, Funny

    One ukulele/jug/spoons band and a 36 hour Shoutcast session later, the RIAA then regrets it's idea that it owns all music on the 'net.

    --
    Non impediti ratione cogitationus.
  18. Re:Illegal. by Kierthos · · Score: 2, Interesting

    Actually, it could be held to be non-binding because of several different factors.

    1) The non-RIAA artist whose royalties are being held by SoundExchange has not entered into a contract with SoundExchange, therefore, SoundExchange does not have the legal right to hold the royalties, or make any pre-existing conditions on the disbursement of said royalties.

    2) The non-RIAA artist can enter into a seperate contract with an Internet Radio station to provide music for whatever rate they desire, whether it is a greater rate then the current legislation provides, or even give it away for free. They did not waive their rights to set the terms for their own copyright assignations, after all.

    Of course, IANAL, so all this could just be talking out my ass. But it makes sense (wait, there's the clear sign that I might be wrong. It makes sense, therefore, there has to be legislation preventing it) that SoundExchange cannot hold someone else's royalties and then require them to pay a fee to get what is rightfully due them without any pre-existing contract.

    --
    Mr. Hu is not a ninja.
  19. Hmm... this sounds familiar by UObean · · Score: 5, Informative

    Allofmp3.com collects royalties of all the music they sell and offer it to the RIAA. They cry and moan and refuse the money because they don't like their business model. Now suddenly its completely ok to collect royalties for someone else when you don't have the copyright for the work, but only so far as the RIAA is the one doing the collecting.

  20. Take Off Every FUD... by Mad+Bad+Rabbit · · Score: 5, Informative

    According to the SoundExchange FAQ,
    this only applies if you want to rely on SoundExchange to get you a statutory license.
    So stations willing to negotiate directly with the artists and get nonstatutory licenses,
    wouldn't have to pay SoundExchange royalties. (Although that said, they apparently forbid
    SoundExchange members from granting separate licenses, so this would only work with artists
    who are willing to boycott SoundExchange...)

    (ObDisclaimer: me am not copyright attorney though)

    --
    >;k
    1. Re:Take Off Every FUD... by Baricom · · Score: 4, Informative

      Based on this post, it should be noted that if you play any music from a SoundExchange member, you are required to pay royalties on a play of a non-member's music, and that non-member cannot claim those royalties without giving up the right to work outside of SoundExchange. Quite a racket the RIAA has there.

  21. Re:Surely this must be a joke... by Teancum · · Score: 5, Insightful

    I've long considered starting an internet radio station of only CC-by-* licensed music (and other copyleft licenses) for the express purpose of "sticking it to the RIAA". I've known about musicians who release their music under these type of licenses, and I think it is time to really stand up and take notice about stuff like this.

    One bizzare issue that I don't know how it would play here is if some artist released some content under one of these copyleft licenses and then subsequently signed with the RIAA, would I still have to pay a royalty? Some licenses such as the GPL/GFDL explicitly prohibit such a 3rd party revokation of licensing, after the content has been granted, but I think this may be one of the weaknesses of the Creative Commons license suite.

    This certainly would be a strong test case to really test copyleft principles, unless the RIAA can show that they hold a patent on the concept of internet radio (which I don't think they do... and that also opens yet another can of worms in terms of "IP rights").

    Out of principle I would hope the EFF would themselves host such an internet radio station, begging the RIAA to sue the pants off of them. And do that in a public manner. I would donate money to their legal defense fund (and to help pay for the internet radio station too!) if they would decide to go this route. It would be the ultimate in 'net civil disobedience.

    Or the FSF doing the same thing but with GPL'd/GFDL'd music. It almost sounds like something Stallman would love to do for the hell of it.

  22. Now they have done it by zappepcs · · Score: 3, Insightful

    The RIAA is trying to push around the only people that can really push back at them... artists!

    What I mean is this, if the RIAA continues to piss people off, record companies will not get contracts, the RIAA member companies will then not support the RIAA, the recording industry as we know it crumbles...

    How is that possible. Someone some where will start their own record company, providing on the parts that the artists need help with. That somebody can arbitrate royalties with public broadcasters in direct competition with the RIAA. The RIAA is not a government mandated body. They CAN be replaced. It will start with one or two bands, then more, then one or two record companies, then more...

    What we need to do is start writing letters and emails to bands themselves. Explain that they will not get more money from you if they continue to work with companies that support or belong to the RIAA. Choke off the money stream and the RIAA dies.

    1. Re:Now they have done it by mshurpik · · Score: 2, Insightful

      No, there's plenty of indie music out there. The key is to get the listening public to realize that Tower Records is the "Reader's Digest" version of a library.

  23. They're #2. Maybe #1.5 by Kadin2048 · · Score: 4, Funny

    That my friends, is the best money making scheme I have ever seen. Ever. Just beautiful. From a businessman's point of view, it brings a tear to my eye.

    Really? I could do better -- how about killing people and taking their stuff?

    The RIAA is a close second, though.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    1. Re:They're #2. Maybe #1.5 by Lorkki · · Score: 4, Insightful

      Really? I could do better -- how about killing people and taking their stuff?

      High risk, no guarantee of a long-term income. Real first-rate scum knows to squeeze people little by little.

  24. Let 'em bloody well try by mccalli · · Score: 4, Insightful

    I write music. It's not especially amazing stuff, but it's written and some of it is recorded and put out for free. If a net radio station fancies playing a track, then that's fine by me (though I refuse responsibility for their sudden drop in listenership...).

    If this completely alien organisation tries making one unit of whatever currency they're charging in, I will go beserk. This is my music, nothing to do with them, and with no contract in place between us I shall offer it as I damned well choose. They have no right to claim ownership of any revenue whatsoever arising from this music.

    Cheers,
    Ian

  25. Mod parent up. by Animats · · Score: 5, Interesting

    Mod parent up. The original article reflects a complete misunderstanding of the compulsory license system. It's compulsory against owners of rights in sound recordings. They have to grant a license whether they want to or not. However, there's nothing prohibiting owners of sound recordings and a distribution service of whatever type from making a deal outside the compulsory license system.

    For example, someone could set up a Free Music Foundation to offer free licenses to Internet radio stations, unknown bands could grant distribution rights for their stuff to the Free Music Foundation, and Internet "radio stations" (really streaming download sites) could play exclusively Free Music Foundation material, without any compulsory license or statutory royalties.

    Or, at the other extreme, you could have Payola Internet Radio, where bands pay to put their stuff on the stream. Again, no statutory royalties.

    This isn't a big issue in the industry. The big issue with compulsory licenses right now is whether they apply to ringtones. The Copyright Board said they do last year, which makes ringtones much cheaper. The Harry Fox Agency is dragging their feet on this, but it's now established that if you download an entire song and use it as a ringtone, that's covered under the compulsory license. Arguments continue about using only part of the song.

  26. Compulsory license by transporter_ii · · Score: 2, Interesting

    Back when Napster was going hot & heavy, they were lobbying Congress to pass a Compulsory license law. What this meant was, if passed, Napster could use any song for a set fee without having to negotiate terms with the RIAA or the artists. They did not get that. Now Russia does have a compulsory license law, and that is how allofmp3.com claims to be able to put music from any artists up, pay its license fee, and be legal (now the RIAA would say that compulsory license was for radio, not downloads...).

    Anyway, you can bet damn good money that the RIAA lobbied against Napster and fought the compulsory license issue tooth and nail, but now they are saying they have one. I would have to see the actual law to comment on it, but if so, you can bet the two-faced RIAA hypocrites are loving that they were able to buy enough votes to get themselves the legal right to swipe music.

    Transporter_ii

    --
    Doctors destroy health, lawyers destroy justice, universities destroy knowledge, religion destroys spirituality
  27. Just so we're clear by Spazmania · · Score: 5, Informative

    This is from the FAQ:

    What licenses does SoundExchange administer?

    The Digital Performance Right in Sound Recordings Act of 1995 (DPRA) and the Digital Millennium Copyright Act of 1998 (DMCA) granted a performance right in sound recordings for certain digital and satellite transmissions. In exchange for this new right, SRCOs are subject to a compulsory license for the use of their music, provided the user complies with those conditions set forth in the copyright law. SoundExchange was established to administer the collection and distribution of royalties from such compulsory licenses taken by noninteractive streaming services that use satellite, cable or Internet methods of distribution.

    For those of you who are caught up in the language, let me make it crystal clear for you: There is a license which artists must grant under law, a compulsory license, which allows certain digital performances. If you record a song, anyone may use it under the terms of that license.

    As with the GPL, anyone may accept. Anyone may decline. If you decline, you have no rights to perform the song under the license. You may still acquire an alternate license directly from the copyright owner and do anything the owner authorizes, including perform the song in a manner similar to what is allowed by the compulsory license.

    You owe fees to SoundExchange only if you accept the compulsory license and perform the song under those terms and conditions.

    Now, SoundExchange doesn't want you to know this. They have very carefully crafted the language in their documentation to lead you to the impression that paying them is the only option. Nevertheless, if you read carefully you'll find that's not what they actually said. And if you read the relevant sections of the DPRA and DMCA, you'll find that's not what the law says either.

    --
    Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    1. Re:Just so we're clear by Spazmania · · Score: 2, Informative

      Its a rather funky area of law.

      Historically, broadcast radio stations get to play your music for free. Back before home recording was common, some radio stations got sued but won: through some really foul reasoning not supportable by existing statute, the judge held the broadcasts to be fair use. That has since been enshrined in precedent and tradition.

      So, when Internet radio was on the horizon, RIAA conspired with a couple members of congress to cut it off at the pass. Internet radio is explicitly not fair use under the statutes. Instead, Internet radio stations are entitled to play you song under a compulsory license. The statute requires the Librarian of Congress to set and periodically revise the specific terms of the compulsory license.

      Its compulsory in the sense that the copyright owner doesn't get any choice about whether to offer the license and he doesn't get any choice about the terms. Think of it as a form of fair use that you get paid for. You may, however, offer any other licenses you choose. And anyone wishing to broadcast the signal may accept one of those other licenses instead; the compulsion lies only on the copyright owners' side.

      SoundExchange fits in to the picture as the only entity presently designated to collect the fees for recordings played under said compulsory license.

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
  28. Re:Surely this must be a joke... by pembo13 · · Score: 3, Insightful

    When people stop throwing in red hearings into important discussions

    --
    "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
  29. Re:Illegal. by the_womble · · Score: 2, Informative

    It is not true. This is Slashdot quoting DailyKos - what sort of standards did you expect?

    1) You do not have to be a member to collect fees through sound exchange, though you do have to pay them an admin fee.

    2) There is nothing to stop radio stations from making direct agreements with copyright holders and by passing Sound Exchange. You only need to use Sound Exchange to make use of the compulsory license.

    The practical problem is that it would be a lot of work for a radio station to contact every copyright owner (often two of three per recording) and negotiate agreements with them, so it is difficult to avoid using Sound Exchange.

    Solution for non RIAA copyright holders: unless you are going to make lots of money off radio (not likely) just have a free license for radio and net broadcasters.

  30. Re:Surely this must be a joke... by Short+Circuit · · Score: 5, Funny

    When people stop throwing in red hearings into important discussions Communism stopped being a crime in America a long time ago. What McCarthy did wasn't even legal.
  31. Re:Surely this must be a joke... by urulokion · · Score: 5, Insightful
    The article is wrong in one way and it's reaching a wrong conclusion because of it. The law's creates a statutory license for webcasters to use if they don't want to negiotate with each individual copyright holder. The lincense is compulsory for the copyright holders, and SoundExchange is the body that is tasked to collect and distribute the royalties collected under the statutory license.

    However if a webcaster choses to negotiate with a music copyright holder, and they come to terms, it's a non-statutroy license. SoundExchange can't get involved music under those type of licenses. The terms can be whatever both sided agree to. You can even ignore those silly restrictions on information display, interactivity with listners, time restrictions, etc.

    What the article says thats wrong is that copyright holder can give their music away for free, and can't allow webcasters to use it for free. That's flat out wrong. SoundExchange can't stop that or even try to collect royalties for it. That would be interfence with the copyright holder's rights. I've love to see SoundExchance attempt to take that to court. Can you say "Crash and Burn!"

    In regards to GPL'd/GFDL'd/CCL'd music, those are non-statutory licenses. The terms are already laid out. No need to negotiate. As longer as your agree to and follow the terms of the license, your use the music. And you can tell SoundExchance to go F... themselves.

  32. Re:internet radio by corychristison · · Score: 2, Funny

    My answer to all three questions: The Pirate Bay :-D

  33. How to profit on this . . . by mrs+clear+plastic · · Score: 3, Funny

    1. Put microphone in toilet
    2. Fart as loud as you can
    3. Set up an internet radio station
    4. Put on your recording you just did
    5. Let RIAA Sue you
    6. Become Famous
    7. $$Profit!
    8. Sue RIAA for frivilous lawsuit
    9. $$Profit!
    10. Go on lecture circuit
    11. $$Profit!

    --
    Cleara
  34. not a joke by Anonymous Coward · · Score: 5, Insightful

    The fact that your taste is dictated by big entertainment doesn't mean that other music doesn't have value. For example, Blues, Rock'n'Roll, Hip Hop, Ska all existed independently of commercial distribution- they were discovered, not created, by the big labels. The publishing landscape has changed in the last ten years---now a savvy musician CAN cut out the middleman, and I know several who have.

    When I was a kid, you could disparage self-publishing as 'vanity publishing'. I don't think that's the case anymore. If you really care about music, you'll take a risk and listen without considering who funded the marketing effort.

    1. Re:not a joke by OrangeTide · · Score: 4, Informative

      Punk was traditionally released on independent and self-published labels.

      --
      “Common sense is not so common.” — Voltaire
  35. As a broadcaster by rantingkitten · · Score: 5, Insightful
    I run a synthpop and darkwave radio station myself (plug!), and I have had people tell me they've never heard this or that artist before, and then go check out their albums. One even went to the VNV Nation concert here in Atlanta after hearing them on my station. What's that mean for VNV Nation? Money in their pockets. And that's just the ticket sale; who knows what merchandise the guy bought while there.

    I've also had artists send me promo tracks, full albums, and other stuff -- mostly indie artists looking for some exposure. If they're good (and they usually are) I put them in rotation, so dozens of people get to hear someone they've never heard. I don't solicit; they send me this stuff because they want me to play it. As one recent artist, James Stark, told me, after he sent me some tracks for consideration and I enjoyed them enough to put them in rotation:

    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.

    Just a guy trying to get his music noticed. And he's not alone -- this happens quite a bit, and I broadcast a niche genre. I bet broadcasters in more "mainstream" genres get even more artists than I do.

    The artists love it -- they get free exposure to an audience primed to the genre, and whatever album sales, merchandise, mp3 downloads, and the rest that comes with it. The listeners love it. No one is losing and everyone is gaining -- except the labels and the RIAA who, in this day and age, are totally unnecessary anyway.

    Some of the artists that send me stuff are easily good enough to get signed, and I know some have been approached, but they steadfastly refuse. They'd rather remain independant of money-grubbing middlemen and idiotic contracts, and get their music to the fans with channels of distribution their target audience is likely to use.

    I started this venture after years and years of listening to net radio on live365 and other assorted places. And I bought music after listening. I know the system works.

    Frankly, there ain't no Benjamens in the net radio trade. We broadcasters do this for the love of the music and because it's fun. Don't penalize us for bringing the art to the people. Don't penalize us, the artists, or the audience.
    --
    mirrorshades radio -- darkwave, industrial, futurepop, ebm.
  36. Re:RIAA Curve by scalarscience · · Score: 5, Interesting

    The RIAA was lawyers back then as well. The reason that the phono preamp filter/eq has the name 'RIAA curve' is because they PATENTED it and used it to control who had access to recording technology able to cut vinyl using their patent. There were several successful recording studios in Texas and Louisiana who recorded some well known Jazz artists due to the 'Hollywood effect'. Ie, they were far enough away from the upper East Coast that they were able to avoid the long arm of the RIAA and so artists would go there to get recorded when they couldn't in NYC or surrounding areas.

    Sounds like an apt forerunner of the RIAA we know today...

  37. You might even score a hit! by Poingggg · · Score: 2

    Since when is not being able to sing worth a shit a problem for record labels? I have to listen to 'artists' like that on the radio at work every day, so you might even score a real number one hit. The worse your singing is, the greater your chances are.
    Oh, and don't forget to throw in a lot of OOOOOOOHOOOOOOHOOOOOOOOAAAAAAAHHHH's, that seems to help too.

    --
    What person will donate an airborne act of love?
  38. In other news today... by The+Master+Control+P · · Score: 3, Funny

    As the RIAA's new internet racketeering gang took over, the song Fuck the MP^h^hRIAA inexplicably cornered 100% of the streaming audio market in a single day. We will keep you up to date on this unprecedented development as more becomes available.

  39. Re:Surely this must be a joke... by Teancum · · Score: 4, Insightful

    In regards to GPL'd/GFDL'd/CCL'd music, those are non-statutory licenses. The terms are already laid out. No need to negotiate. As longer as your agree to and follow the terms of the license, your use the music. And you can tell SoundExchance to go F... themselves.


    That is the beauty of taking this approach to the issue and boldly advertising that "internet radio" stations using this approach to music distribution. I'm talking about being blunt and obvious that this is something that the RIAA can't possible touch.

    The problem here is that I don't see the RIAA/ASCAP/SoundExchange interpreting this in the way you are talking about. Sure, you or I would agree that the rights have already been negotiated here, but SoundExchange is claming rights to license all music which is distributed via "internet radio" channels. And backed up by the Library of Congress. The point of the original article posting here is that non-RIAA members (which can include musical artists who have released their music under the Creative Commons licenses) are being forced by statutory authority to have royalties paid to SoundExchange, regardless of the terms, conditions, or licenses that were granted by the artists in the first place. They are using this as a way to force smaller recording artists or even groups that want to create an alternative scheme to the RIAA methodology to having to stick with this one approach and only use the SoundExchange system.

    The point of using copyleft approaches here is that it would force the issue out of a copyright violation issue into the patently obvious RIAA taxation authority by a for profit group of corporations. If music which is simply placed into the public domain can be "taxed" in this manner, why not GPL'd music? Of course this isn't the only bizzare tax on public goods that goes to supporting for-profit corporations, but this would force such an issue into the realm of public debate for exactly what it really is.

    This is also why this move by the RIAA is so awful and needs to be challenged as forcefully as possible, or at the very least legitimate alternatives need to be publicized in such a way that this monopoly can be broken. I think it would be through copyleft content distribution that you can make this stick.
  40. In the US at least, you can sue the government by Mateo_LeFou · · Score: 2, Interesting

    And please do. I haven't looked at it in legalistic detail, but if the gist of it is:

    I write a couple hundred songs.
    I run a web radio site and broadcast these.
    The U.S. Copyright Office authorizes SoundExchange to collect royalties on my "use" of these songs.
    I therefore owe SoundExchange royalties for the "compulsory license" to broadcast.

    What has occurred somewhere (IMO at the Copyright office) is called "slander of copyright title". As the holder of copyright in these works, *I am the one who authorizes their licensing, and if another party does so they are breaking the law.

    --
    My turnips listen for the soft cry of your love
    1. Re:In the US at least, you can sue the government by cpt+kangarooski · · Score: 4, Insightful

      I haven't looked at it in legalistic detail

      I believe that.

      I write a couple hundred songs.
      I run a web radio site and broadcast these.
      The U.S. Copyright Office authorizes SoundExchange to collect royalties on my "use" of these songs.
      I therefore owe SoundExchange royalties for the "compulsory license" to broadcast.


      No. The law does not require a copyright holder to pay royalties that are ultimately due to himself. It's not a statutory license to broadcast music over Internet radio at all, it's a statutory license to broadcast music over Internet radio where you otherwise don't have a right to do so (i.e. you're not the copyright holder and you don't have a separately-negotiated license with the copyright holder, and there is a copyright)

      As the holder of copyright in these works, *I am the one who authorizes their licensing, and if another party does so they are breaking the law.

      Except when the law itself includes a license (as is the case here) which you don't get a choice in. You can always offer a different license, but anyone can opt to take the one Congress created. This is because Congress defines what copyright is in the US, and they've defined it to include this license.

      --
      -- 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.
  41. Outright theft by sjames · · Score: 5, Insightful

    Their claim is nothing short of outright theft. They might as well declare themselves to be the agents for your gas and electric service and insist you write the checks to them. I'll bet that would last about two seconds before they got sued and criminally charged in every state.

    If I create some sort of internet radio content, and I want to make private arrangements with one or several netcasters to stream that content (perhaps for free), that's none of the RIAA's business. If I want to be paid, who is RIAA to interfere with my right to enter into agreement with a 3rd party of my choice to collect fees for me?

    How is RIAA collecting (extorting) money for playing MY content any different than me downloading a bunch of their songs, pressing CDs and selling them on the street corner? Naturally, if they want to join my club, I'll forward their share to them after I deduct reasonable expenses ( new Ferrari, yacht, etc), handling fees (30%), slotting fees (30%), modest salary for myself (1,000,000/year), and of course, a promotion fee (30%). By clicking "I agree" on absolutely any eula ever, the RIAA has already agreed that any civil or criminal issues surrounding this agreement will be handled by arbitration (naturally, I'll be the arbitrator).

    Remember, when a corporation speaks of the importance of obeying the law, about 90% of the time there is an implied "when it's in our favor only". Like any thief, the RIAA wants immediate legal action when someone steals from them while believing at the same time that when they steal it's a natural right.

    While I'm at it, I think I'll represent that guy who patented the wheel too. Those CDs and records look awefully wheel like. $1 each (retroactively) should about cover it. The wheel patent guy can call me for his 10% cut.

    1. Re:Outright theft by cpt+kangarooski · · Score: 5, Insightful

      If I create some sort of internet radio content, and I want to make private arrangements with one or several netcasters to stream that content (perhaps for free), that's none of the RIAA's business.

      You can still do that. They didn't say you couldn't. They said that Internet radio stations are entitled to use the statutory license rather than negotiate with copyright holders, for everything. And that whenever someone uses the statutory license, the money is handled by SoundExchange, regardless of whether the copyright holder is signed up with them or not, because that's what the law mandates. No one has said that there can't be other licenses. Though signing up with SoundExchange does seem to preclude further collective licensing, though not non-collective licensing.

      Honestly, this is all not a big deal. There are plenty of more important things to get worked up about, and I'd like to know how you would expect collective licensing to work, if not basically along these lines.

      --
      -- 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.
    2. Re:Outright theft by dgatwood · · Score: 2, Insightful

      Absolutely. For composers, you have a choice. You can either join ASCAP or BMI. Neither has the authority to collect money for people who are not members of their performing rights society. ASCAP is free, while BMI charges. Either way, though, AFAIK, neither is authorized in any way to collect royalties for nonmembers. More to the point, nonmembers have the right to license it directly without a PRS as a go-between.

      The reality is different for SoundExchange, however. They are a company licensed by the Library of Congress to collect royalties from broadcaster, but not on behalf of the performers. They are collecting royalties on behalf of the Library of Congress. I'm not against SoundExchange having the right to license the material. We need such an organization, and there is nothing wrong with the LOC licensing a third party organization to handle the administration of such licensing, at least in principle. However, such a company should be subject to mandatory distribution of those royalties just as the LoC would be.

      SoundExchange should be allowed to collect for any artist. Without that, radio stations could potentially have to individually track down any of thousands of artists and/or artists' agents every time they play a song. However, SoundExchange should not be permitted to charge anything other than a reasonable percentage of royalties as a processing fee, and this fee should be ON TOP OF the license fee paid by the radio station, NOT taken out of the artist's cut.

      This is, without question, an abuse of the trust placed in SoundExchange by the LOC, and the LOC should be sued by every performer who finds this as offensive as I do. It is the rights of the performers to collect AT NO COST any royalties to which they are due. Anything less is theft, pure and simple.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

  42. RTFA by GodInHell · · Score: 5, Insightful

    "The recent U.S. Copyright Office ruling regarding webcasting designated SoundExchange to collect and distribute to all nonmembers as well as its members. The Librarian of Congress issued his decision with rates and terms to govern the compulsory license for webcasters (Internet-only radio) and simulcastors (retransmissions)." (http://soundexchange.com/faq.html#b4) The U.S. Gov't gave themt he right to do this. It's not theft, it's not criminal, it's just corrupt. Your anger should not be aimed at the unnelected construct of law who's only legal purpose for existing is profit - it should be aimed at the assholes in gov't who did this. I'll bet you your congressman dosen't know about this.. maybe you should tell him.


    -GiH

    1. Re:RTFA by bluepinstripe · · Score: 2, Insightful

      Does the U.S. Copyright Office legally have the authority to designate a third-party in this way? It seems that if they can legally do this, then they could do it for a whole range of copyrighted material distributed in a variety of different ways? For example, what would stop them from designating a third-party for the collection of print copyright royalties?

    2. Re:RTFA by sjames · · Score: 2, Insightful

      I maintain it wasn't the Government's to grant. Absolutely nothing in the Constitution grants the federal government the right to create contractural obligations for anonymous 3rd parties.

      Anger towards a willing beneficiary (and likely the initiator) of government corruption is perfectly reasonable, there's plenty to go around. A corporation's only legal right to exist is for the public good. After that and ONLY after that may they seek profit.

      That the RIAA would even consider accepting this role demonstrates that their various moral/ethical arguments over the years are entirely bankrupt.

    3. Re:RTFA by gbulmash · · Score: 3, Informative

      The U.S. Gov't gave themt he right to do this. It's not theft, it's not criminal, it's just corrupt. Your anger should not be aimed at the unnelected construct of law who's only legal purpose for existing is profit - it should be aimed at the assholes in gov't who did this. I'll bet you your congressman dosen't know about this.. maybe you should tell him.

      IANAL, but I figure you could still sue SoundExchange and argue that the LOC doesn't have the right to create a national monopoly that not only violates the Taft Act and RICO, but constitutes tortious interference (an illegal interference with your right to enter into a contract, such as a contract via which you grant a net broadcaster a right to stream your content without royalty payments) on an unheard of scale. But you'd have to have some pretty big bucks to file and pursue the case, because it would probably have to go through a couple of rounds of appeals and eventually be argued before the Supreme Court.

      OTOH, as is the argument with many monopolies, in trying to justify their existence, they'll argue back about how their monopoly creates efficiencies and prevents chaos, and is actually a benefit to the people.

      But it's the fact that SoundExchange doesn't allow that royalty exemption that will be their undoing, because a court can rule that their monopoly has been abused and creates a greater harm to the public than any good their monopoly creates. They should neither have the ability to force you to sign up with them and pay fees to get your content heard or collect royalties against your will. And because they do so, they create a public harm that goes against the intent of any law that allows the LOC to grant such a monopoly. At minimum, a court could tell them that they must amend their anticompetitive practices and policies or face being stripped of their monopoly.

      - Greg

    4. Re:RTFA by sjames · · Score: 2, Interesting

      Congress has decided not give you exclusive rights to published performaces of your songs

      That is perfectly Constitutional. They can even decline to implement copyright at all

      and also to grant SoundExchange the right to collect taxes on people playing copyrighted musical performances.

      That's the part they can't do. The collected cash doesn't go to the government at all. Some of it is reclaimed by lables and some stays in SoundExchanges pockets. That makes it not a tax. Actually it makes SoundExchange more or less a Feudal Lord.

    5. Re:RTFA by Sledgy · · Score: 5, Interesting

      I'd like to point out that I'm not a US citizen, I don't live in the US, I've never been to the US and the US Govt cannot assign away anything that is mine to a US organisation. In fact I am going to change the copyright of my music to state that it is open to be copied, played (on any device), sampled provided the copyright is attributed EXCEPT by any agent, member or affiliate of the RIAA.

      I have a very strong dislike of this crowd, and they have absolutely no right to collect royalties on anything I produce or allow to be played by on an Internet radio station.

    6. Re:RTFA by SomeoneGotMyNick · · Score: 2, Funny

      Who put that government there I wonder? Whoops, that was the people of the United States. You want to blame them for what the RIAA is pulling now? Don't blame me, I voted for Kodos

  43. Real Piracy by The_Wilschon · · Score: 2, Insightful

    Today the RIAA sounds more and more like organized crime,
    Indeed. It occurs to me that actions like those describe in the summary are far more like piracy than anything the RIAA has labeled as piracy. Let's see: many pirates found pinch points in shipping lanes, such as straits, and then carefully watched them for any ships trying to get by. Those ships were then stopped and boarded, and some form of payment extracted. Today, the RIAA has found a pinch point in music distribution, internet radio, and they are trying to place themselves firmly in the middle of that path so that they can extract some form of payment from everyone who wants to send something by them.
    --
    SIGSEGV caught, terminating

    wait... not that kind of sig.
  44. Magnatune.com by falconwolf · · Score: 2, Informative
  45. Somehow, SoundExchange has this power. by Anonymous+Freak · · Score: 2, Interesting

    There is a small coffee shop in my town that used to have live music Friday and Saturday nights. NONE of the artists that played there were RIAA-affiliated. (All were very small local bands, none of which had record deals, all were self-produced.)

    SoundExchange shut down the live music. Somehow, that neither I, nor the owner of the coffee shop were able to determine, SoundExchange actually does control the playback of all music in the U.S.

    --
    Another non-functioning site was "uncertainty.microsoft.com."
    The purpose of that site was not known.
  46. That was very unclear by jc42 · · Score: 3, Insightful

    There is a license which artists must grant under law, a compulsory license, ... As with the GPL, anyone may accept. Anyone may decline. If you decline, you have no rights to perform the song ...

    This makes no sense to me at all. First you say that I must grant this compulsory license. Then you turn around and say I may decline the license. I can't find a way to read this that isn't self-contradictory. Do I have to grant the license, or can I decline (to grant) it?

    And if I decide to decline it, what's the mechanism? Presumably I must do something that will notify all possible broadcasters and other "performers" (DJs?) that my recording can't be "performed". But I don't know any practical way to do such a thing. There's not even any way that I know to discover even a small percent of the people who might want to use my recording.

    It's all totally unclear and contradictory ...

    --
    Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  47. Re:No Big Deal by GreyPoopon · · Score: 2, Interesting

    Would the RIAA really steal music from religious sources? It's an interesting implication of what they're doing. Someone should write the Pope.

    I'm not sure how much good writing the Pope would do. You might want to try writing certain studios in Nashville, some of the Christian Universities that are heavy on media and music (Liberty University comes to mind), and some of the larger religious coalitions (like the Southern Baptist Convention). In all seriousness, a well-written letter to those folks would have a pretty good chance of getting a large slice of the public energized about the issue.
    --

    GreyPoopon
    --
    Why is it I can write insightful comments but can't come up with a clever signature?