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"In March, the CRB drastically increased royalty rates for webcasters - starting retroactively at $0.0008 per song in 2006 and climbing to $0.0019 per song in 2010. Though it costs only fractions of a penny per song, the change amounts to a 300 percent cost increase for the largest webcasters and up to a 1200 percent increase for smaller operations.
"This Titanic rate increase is simply untenable for many Internet radio broadcasters," said Inslee, a member of the House Energy and Commerce Subcommittee on Telecommunications and the Internet. - Lawmakers Hope to Prevent Demise of Internet Radio, Rep Jay Inslee (April 26, 2007)
| Docket No. RM 2002-1D | Comments Due Nov 24, 2003 Replies Due Dec 22, 2003 |
| WEBCASTING NOTICE AND RECORDKEEPING FOR PAST PERFORMANCES |
The Copyright Office is requesting public comment on what regulations it should adopt relating to records of use for past performances of sound recordings performed pursuant to the statutory license for public performances of sound recordings by means of digital audio transmissions (including webcasting) since October 28, 1998. These regulations will relate to performances that have taken place before the adoption of recordkeeping and reporting requirements that will be announced soon. Among other things, the Office wishes to know whether there are any proxies that may be used in lieu of actual reporting of past performances. Initial comments are due November 24, 2003. Reply comments are due December 22, 2003. The notice may be found at http://www.copyright.gov/fedreg/2003/68fr58054.html
http://www.copyright.gov/fedreg/2003/68fr58054.pdfAn original and five copies of any comment or reply comment shall be delivered by hand to: Office of the General Counsel, James Madison Memorial Building, Room LM-403, First and Independence Avenue, SE., Washington, DC 20559-6000; or mailed to: Copyright Arbitration Royalty Panel (CARP), PO Box 70977, Southwest Station, Washington, DC 20024-0977.
David O. Carson, General Counsel, or William J. Roberts, Jr., Senior Attorney, PO Box 70977, Southwest Station, Washington, DC 20024. Telephone: (202) 707-8380; Telefax: (202) 252-3423.
| Docket No. RM 2000-3 |
Rulemaking to Determine Whether a Transmission of an AM or FM Radio Signal made over a Digital Communications Network by an FCC-licensed Broadcaster is Exempt from the Digital Performance Right |
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| "The Copyright Office has amended its regulations to clarify that transmissions of an AM/FM broadcast signal over a digital communications network, such as the Internet, are subject to a sound recording copyright owner's exclusive right to perform his or her work publicly by means of digital audio transmissions. Broadcasters who choose to transmit their radio signals over a digital communications network such as the Internet may do so under a compulsory license The Office has determined that an FCC-licensed broadcaster is not exempt from a copyright owner's digital performance right for sound recordings under these circumstances. Section 114(d)(1)(A) of title 17 of the United States Code exempts a noninteractive performance of a sound recording by means of a digital audio transmission from the sound recording copyright owner's exclusive rights when the performance is part of "a nonsubscription broadcast transmission." Section 114(j)(3) defines a broadcast transmission as "a transmission made by a terrestrial broadcast station licensed as such by the Federal Communications Commission. The Office concluded that for purposes of section 114, a "broadcast transmission" includes only over-the-air transmissions made by an FCC-licensed broadcaster under the terms of that license." Copyright Office Webcast Webpage | 65 FR 77292 December 11, 2000. PDFText |
| Notice Given | Comments Due April 17 Replies due May 1 |
Comment Appeals |
Notice and Recordkeeping Requirements for Digital Transmissions of Sound Recordings under Statutory License (licensing fees for streaming media) |
| Docket No. RM 2000-4B |
Denial of a Petition to Initiate a Rulemaking Proceeding |
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| "The Copyright Office has denied a request from the Digital Media Association to initiate a rulemaking proceeding to decide whether a webcasting service becomes interactive when a consumer exerts some influence on the music programming offered by the service. The Office declined to initiate the rulemaking because there is no discernable dispute on this point. It did recognize, however, that the amount and type of influence a consumer has on the programming offered by the transmitting entity will affect whether the activity is characterized as interactive or noninteractive. On this point, the Office determined that it would be unable to fashion a set of criteria or guidelines beyond those already set forth in the law" Copyright Office Webcast Webpage | 65 FR 77330 December 11, 2000. (corrected text) PDFText 65 FR 78434 December 15, 2000 (notice of correction) PDFText |
| Docket No. RM 2000-9 CARP DTRA 1&2. |
Request for Notices of Intent to Participate and the Announcement of the Precontroversy Discovery Schedule |
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| "The Copyright Office is engaged in an ongoing rate adjustment proceeding, the purpose of which is to set rates and terms for the section 114 statutory license. Docket No. 99-6 CARP DTRA. Because the outcome of the rulemaking on the scope of the exemption for broadcasters would have a significant impacton the identity of the parties to this rate adjustment proceeding, the Officedecided not to adopt a schedule for the precontroversy discovery period forthis proceeding until the rulemaking was concluded. Order, Docket No. 99-6 CARP DTRA, March 21, 2000. Now that the issue is resolved, the Copyright Office is requesting additional notices of intent to participate and announcing the schedule for this proceeding in a notice in the Federal Register.." Copyright Office Webcast Webpage | 65 FR 77393 December 11, 2000. PDFText |
| Docket No. RM 2000-9 CARP DTRA 1&2. | comments are due September 16, 2002 | Decision Appealed |
Order Consolidating CARP Proceedings to Determine Rates and Terms for Statutory License for Nonsubscription Digital Transmissions of Performances of Sound Recordings and Setting Schedule for Proceedings |
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| Copyright Office Requests Comments on 1999, 2000, and 2001 Musical Works Funds Controversy and Notices of Intention to Participate in 1999, 2000, and 2001 Distribution of Musical Works Funds. The notices and the comments are due September 16, 2002.,
"The Library of Congress has ordered the consolidation of the Copyright Arbitration Royalty Panel (CARP) proceedings to establish rates and terms for (1) October 28, 1998, through December 31, 2000, and (2) January 1, 2001, through December 31, 2002, for the statutory licenses that allow public performances of sound recordings by means of eligible nonsubscription transmissions (17 U.S.C. §114(f)(2)), and the making of an ephemeral phonorecord of a sound recording in furtherance of making a permitted public performance of the sound recording (17 U.S.C. §112(e). The order also establishes a schedule for the consolidated proceedings. All filings in the consolidated proceedings should be filed under the new docket number, Docket No. 2000-9 CARP DTRA 1&2." Copyright Office Webcast Webpage |
Text
May 21 2002 LOC Must Act on Webcasting Royalties (CARP) |
Save Internet Radio.org 
Radio and Internet Newsletter
Digital Media Association (represents webcasters)
- Webcasting Royalties
- Library of Congress: Rates and Terms for Statutory License For Eligible Nonsubscription Services to Perform Sound Recordings Publicly by Means of Digital Audio Transmissions ("Webcasting") and to Make Ephemeral Recordings of Sound Recordings Feb 20 2002
Legislation
- HR 2060, Internet Radio Equality Act
- S.1353 : A bill to nullify the determinations of the Copyright Royalty Judges with respect to webcasting, to modify the basis for making such a determination, and for other purposes. Sponsor: Sen Wyden, Ron [OR] (introduced 5/10/2007) Cosponsors (5)
Committees: Senate Judiciary Latest Major Action: 5/10/2007 Referred to Senate committee. Status: Read twice and referred to the Committee on the Judiciary.Hearings
- Hearing: The Future of Radio, Senate Commerce Committee (Oct. 24, 2007)
- NAB (Russell Whithers) testified that it supports legislation vacating the earlier CARP royalty decision, on the grounds that it presents a barrier to those stations who want to enter this new medium.
- Mr. Tim Westergren Chief Strategy Officer & Founder Pandora - CARP Royalty rates are absurd. Would lead to Pandora paying 50% of its revenue in royalties. Call upon Congress to support Internet Radio.
- Senate 9:30 a.m. Judiciary To hold hearings to examine copyright royalties, focusing on webcasting. SD-226, Senate 5/10/02
"The current CARP system consists of ad hoc arbitration panels that recommend the royalty rates and distribution of royalty fees collected under certain of the statutory licenses and set some of the terms and conditions of some of the statutory licenses. Each CARP is selected for a particular proceeding (examples: a rate adjustment for the cable statutory license; a distribution of digital audio recording technology funds) and has up to 180 days to deliver its recommendation for the rate adjustment or distribution, as the case may be."
| Date | General Carp Information |
| Dec. 30, 1999 | Copyright Arbitration Royalty Panels; Rule and Regulations, Extension of comment period |
| Dec. 18, 1998 | Proposed Amendments to Regulations Governing Conduct of CARP Proceedings |
| Jun. 17, 1997 | Determination of Statutory License Rates and Terms for Certain |
| Jun. 2, 1997 | Digital Subscriptions...Announcement of the Schedule for the proceeding |
| May 16, 1995 | Digital Audio Recording Devices and Media—Access to and Confidentiality of Statements of Account ... |
| Nov. 29, 1994 | Copyright Arbitration Royalty Panels—Rules and Regulations |
| Feb. 7, 1995 | Copyright Arbitration Royalty Panels; Corrections |
| Feb. 7, 1995 | Copyright Arbitration Royalty Panels; Corrections |
| Jun. 22, 1994 | CARP; Rules and Regulations: Final Rule and Corrections |
| Apr. 7, 1994 | New Post Office Boxes |
| Dec. 17, 1993 | Copyright Royalty Tribunal; Transfer and Adoption of Regulations |
| Dec. 17, 1993 | New Copyright Arbitration Royalty Panels Established |
| Date | Arbitrators |
| Feb. 1, 2002 | CARP; 2002-2003 List of Arbitrator Names PDF, TEXT |
| Jan. 14, 2000 | CARP; 2000-2001 List of Arbitrtor Names |
| May 11, 1999 | Payment of Arbitrators; Distribution Proceedings |
| Date | Reports of Copyright Arbitration Royalty Panels |
| Feb. 20, 2002 | Webcasting Rates |
| Apr. 16, 2001 | Phase II Cable Royalty Distribution Report for 1993, 1994, 1995, 1996, and 1997 Cable Royalty Funds |
| Nov. 17, 2000 | Distribution of DART Royalty Funds For 1995, 1996, 1997 and 1998 Version: |
Caselaw
Links
USG ASCAP New Media & Internet Licensing Page BMI Licensing: Webcasters The Future of Music RIAA: Webcasting Save Internet Radio.org The Society of European Stage Authors and Composers
- Senate Commerce Hearing Tackles Performance Royalties, Future of Music 10/26/2007
- Web Radio Seeks Resolution, Wash Post 10/26/2007
- Net radio pact maybe near, Globe and Mail 9/12/2007
- Group sets fees for online broadcasters, America's Network 8/28/2007
- SoundExchange Gives Small Broadcasters A Break - At least for a couple more years ... but they don't want it, DSLreports 8/24/2007
- Internet Radio Rates Face New Roadblock, NPR 7/27/2007
- Net radio negotiations hit snag over DRM, CNET 7/22/2007
- Progress seen on Internet radio talks, USA Today 7/18/2007
- Webcasters' Fates Still Uncertain, Wash Post 7/18/2007
- Webcasters Running Out of Time?, Internet News 7/10/2007
- Larger Webcasters Lament Royalty System - Say they're forced to pay billions in new 'administrative fees', Broadband Reports 6/8/2007
- New Webcast Royalty Rules Will Line SoundExchange's Pockets With Billions In 'Administrative Fees', Techdirt 6/8/2007
- Internet radio groups, NPR file legal appeal against new music ..., Desert News 6/1/2007
- NPR Joins Appeal of Online Music Royalties, Wash Post 6/1/2007
- Hip Hop May Not Be Dead - But Internet Radio May Soon Be, TLA-PROnline 5/30/2007
- Internet Radio Equality Act gets support from 100th House membe, Geek 5/30/2007
- Senators Throw Support Behind Internet Radio, Media Channel 5/15/2007
- Music Radio on the Internet Faces Thorny Royalty Issues, NYT 5/15/2007
- New Net radio fee collections delayed, CNET 5/8/2007
- S.D.N.Y. Jury: Yahoo!'s Personalized Webcasts Not "Interactive", Joe Gratz 5/1/2007
- Bill Could Save Internet Radio - From new royalty rate dealine and extinction, Broadband Reports 4/27/2007
- Congress may loosen noose on internet radio, Register 4/27/2007
- Lawmakers propose reversal of Net radio fee increases, CNET 4/27/2007
- Support the Internet Radio Equality Act!, Tales from the Sausage Factory 4/27/2007
- Copyright Board Upholds Webcasting Decision - Says webcasters didn't offer any new arguments, Broadband Reports 4/18/2007
- Judges Reject Appeals From Webcasters, Wash Post 4/18/2007
- 'Fatal' blow to web broadcasters, BBC 4/18/2007
- New Internet Radio Rate Plan Could Mean End for Small Webcasters, Ecommerce Times 4/18/2007
- The end of Internet radio?, Future of Music Coalition 4/18/2007
- Hope For Internet Radio - Copyright Royalty Board will have new hearing, Broadband Reports 3/21/2007
- Copyright Royalty Board Senses Folks Aren't Too Happy About New Webcaster Rates, Tech Dirt 3/21/2007
- NPR Appeals Internet Streaming Music Rates, Internet News 3/21/2007
- Royalty hike could mute Internet radio, Boston Globe 3/14/2007
- Royalties threaten internet radio, BBC 3/8/2007
- New Net radio rules draw fire on Capitol Hill, CNET 3/8/2007
- Internet Radio 101, BWO 3/9/2005
- Music publishers, radio group say their new licensing deal is the biggest in the history of American radio, CNET 10/19/2004
- Webcasters to Report and Pay, Wired 3/15/2004
- Licensing deal boosts webcasts, BBC 11/11/2003
- RIAA, colleges agree on Webcasting rate, CNET 6/6/03
- Net Radio Debate Simmers, Wash Post 6/6/03
- Webcasters, RIAA propose new royalties, CNET 4/4/03
- Record Industry, Webcasters OK Rates, ABC 4/4/03
- Online Music Royalty Agreement Reached, Wash Post 4/4/03
- Panel delays look at Webcast royalties, CNET 3/28/03
- Web Radio Royalty Debate Resumes, Wash Post 2/7/03
- Webcast viewing on the up in Western Europe NUA 11/5/02
- Tech bolsters Webcasting's new era CNET 10/23/02
- Online music sites near license deal MSNBC 10/15/02
- No Web fee delay for broadcasters CNET 10/15/02
- Commission clears one-stop agreements for the licensing of TV and radio music via the Internet, Rapid 10/9/02
- Single licence for Internet music 'simulcasts', EU Business 10/9/02
- Europe bureaucrats look to simplify webcast licences, Internet Magazine 10/9/02
- Webcasters, Industry Reach Net Radio Deal, USA Today 10/7/02
- Officials: Net radio deal reached, USA Today 10/7/02
- Dispute threatens Net radio deal, CNET 10/7/02
- House To Vote On CARP Royalty Reprieve, Internet News 10/1/02
- Net radio - call your congressman today, Register 10/1/02
- Web Radio Could Get Respite, PC World 10/1/02
- Lawmakers debate Net bets, Webcasting, CNET 10/1/02
- Both Sides Appeal Net Radio Ruling, IDG 8/9/02
- Webcasters, labels appeal Net radio fees, CNET 8/9/02
- Pioneer FM station shutters Webcasts, CNET 7/19/02
- Radio Stations Appeal Internet Royalty Decision, Wired 7/17/02
- Decision on Web radio reached, CNN 6/26/02
- Fee Could Hurt Web Radio, Seattle Times 6/20/02
- Royalty rates for music broadcasts half of those earlier proposed., USA Today 6/20/02
- Webcasters brace for royalty decision, CNET 6/20/02
- Court to rule on Web music rates , CNET 2/20/02
- Court rejects appeal in eBay fraud suit, CNET 6/28/02
- Fee Could Hurt Web Radio, Seattle Times 6/20/02
- Royalty rates for music broadcasts half of those earlier proposed., USA Today 6/20/02
- Webcasters brace for royalty decision, CNET 6/20/02
- Copyright Office Rejects CARP Ruling, Internet News 5/22/02
- Webcast Royalty Decision Due Today, Newsbytes 5/22/02
- Webcast Royalty Plan Rejected, Wash Tech 5/22/02
- LOC Order rejecting CARP recommendation, LOC 5/22/02
- Webcasters Take Royalty Fight To Congress, NYT 5/15/02
- Online radio heard in Congress, CNET 5/15/02
- New Law Could Kill Internet Radio, Tech TV 2/28/02
- Small Companies Mute Net Radio, CNET 10/30/01
- Web Radio Signals A Comeback, Standard 7/6/01
- Radio Resists Call For Webcast Fees Dec 4 bostonherald
- Webcasters plan further royalty protests, CNN 5/10/02
- Anti-CARP Lobby Heads To Washington, Internet News 5/10/02
- The Battle Over Web Radio Continues, Salon 4/17/02
- Royalties Proposal Casts Shadow Over Webcasters, NYT 4/1/02
- An Internet-Age Copyright Ruling, atNY 3/15/02
- Lawmakers Blast Royalty Rates Plan, Wash Tech 4/24/02
- Net Radio Will Pull Plug This Week, USA Today 4/29/02
- Internet Radio Day of Silence, 5/1/02
- Internet radio stations plan silent protest, CNN 5/1/02
- Internet Radio Stations May Protest Royalties, LA times 5/1/02
- Webcasters worry royalties threaten free Internet service , Nando 2/22/02
- Webcasters Learn Cost Of Music , wired 2/22/02
- Online Music Royalty Rates Proposed , AP 2/22/02
- Panel's Ruling on Royalties Is Setback for Web Radio Services , NYT 2/22/02
- Royalty fees could hurt Net broadcasters , USA Today 2/22/02
- Webcasting Royalty Rate Talks Begin Today, Newsbytes 7/30/01
- Court rules that radio must pay online fees, CNET 8/3/01
- Webcasters, Media Groups Spar Over Copyright Proposals Nov 29, 2000 washtech
- Broadcasters Sue Over Webcast Royalty Rule, WashTech 01/29/01
- Radio stations sue to overturn Webcasting fees, CNET 01/29/01
- U.S. Broadcasters Sue Over Web Royalties The Standard, 1/26/01
- Stations Told To Pay For Net Use Dec 12 boston
- Net Radio Stations Must Pay To Play Dec 12 usatoday
- Broadcasters fight double fees for Net radio C|NET 3/31
