The Copyright Royalty Board had a chance to ask itself, "My God, what I have I done?", when it considered a request to their March ruling that would massively hike fees Web radio stations pay to copyright holders. But, on Monday, the board denied the request.
Rock legend and Powerpoint artist, David Byrne, provides one of the simpler explanations for what this really means in a blog post....
Web radio is different than broadcast radio in that the hosting costs increase precisely as the listenership increases. With streaming web radio, information on the exact number of listeners accessing the stream at any given moment or period is available, and easy to obtain, unlike broadcast radio which is just out there and no one knows how many people are listening (so how do they determine ad rates?) The more listeners you have the more you pay in hard costs — some server’s gotta host the stream. Of course stations like mine and the network of NPR stations that have no commercial revenue eventually run into a financial wall once that audience figure reaches a certain amount.
With royalties it gets more complicated. While traditional terrestrial radio does pay songwriter/publishing royalties for the musical work itself, in the U.S. they don’t pay performance royalties for the sound recording under the rationale that airplay promotes the songs, which benefits the copyright holders. (This determination was mostly due to the radio industry lobbying congress not to collect these royalties.) Web radio, however, along with satellite and cable services, does pay performance royalties — these are the rates that are being raised now. (If this discrepancy sounds illogical, it’s because it is.)
Now, broadcasters are eligible for statutory licenses for these new performance royalties. These statutory licenses set royalty rates so that each station doesn’t have to license each song individually. Until now, if a webcaster’s profit was below a certain amount, they have been eligible to pay a set yearly fee, and if they met certain criteria they have been able to pay royalties as a percentage of their profits, not as a per-song fee. Registered 501(c)(3) non-profits have been eligible for reduced rates regardless of their stream traffic....
...Who is this agency that is proposing making this change? They are not an elected body — the Copyright Royalty Board is made up of a few people appointed by the Library of Congress Copyright Office. They used to be a group of arbitrators but since 2004 they are a group of judges. (I wonder if Gonzales, Cheney etc. have any pals in there?)
The new rates are supposed to have been based on the model of the so-called willing buyer and willing seller in the marketplace — this according to the wording of the Digital Millenium Copyright Act of 1996. But where does this “market value” come from? Does it mean that if I play more popular music on my streaming radio I should pay more? I’m confused. (I think I’m supposed to be confused.) Who is determining this value? In this case the CRB seems to be looking towards agreements made between the major record labels and the largest commercial webcasters, but this is hardly a free market model. It also seems to ignore the fact that the “value” of a song would change depending on the context — if I’m listening to a web radio stream I can’t control what I hear, which is different from purchasing the track.
Many more links and content on the subject found at this very good round-up that ran today.
How sad to lose your father when he was so young. I love that you have his sweater to remind you of the great man he was!
Posted by: leather sofa | June 23, 2011 at 06:06 PM
I love this story! I had anticipated some sort of tragedy, and it turns out ol' Dad was just freaked out by a snake. Seeing the man you've always looked in that state must have been a real eye-opener. Thank you for sharing.
Posted by: jack stand | June 23, 2011 at 06:08 PM
But even without knowing all those logical fallacies and inconsistencies—I instinctively realized that entire debate fiasco was a crock of bullshit.
Posted by: booster cables | June 23, 2011 at 06:11 PM
You are a hockey fan indeed. You are right though, if one is not a hockey fan, one must look for it if one wants to watch it. I am glad I read this nice story, I learned much. R
Posted by: shelf hanging organizer | June 23, 2011 at 06:13 PM
Lovely, sensitive piece, Mary. Many of us, as kids, saw our parents as invulnerable, but when serious illness sets in, as it inevitable does, we see how human and vulnerable they really are.
Posted by: Protective mask | June 23, 2011 at 06:16 PM
Beautiful memory of your father, Mary. Thank you for sharing.
Erica
Posted by: extension cords | June 23, 2011 at 06:20 PM
I had a similar issue happen to me only it was cyberly. It hurts but like you said everyone seems to go along with it and it is wrong.
Posted by: crystal laser | June 23, 2011 at 06:21 PM
What a charming story! It's funny how fondly you recall what, to many, could sound like a difficult and possibly even miserable childhood. Thank you for sharing.
Posted by: beach umbrella | June 23, 2011 at 06:23 PM
I love your stories Ingrid. Very interesting that you are now the age you Dad was when last on the road together and you have a 12 year old daughter. Life is funny that way.
Posted by: lover special umbrella | June 23, 2011 at 06:25 PM
I want to know more about the run in with the law, and the other woman, and the argument you had recently...but I think now it's still time to live your life with him, discover and uncover your relationship...but please do write more about it in the future...seems like you've got a memoir in you...
Posted by: Garden umbrella | June 23, 2011 at 06:27 PM
I didn't know that. I'd heard rumblings of it on the radio satoitn I listen to, but nothing has come of it so far.Try AOL Radio, that's what I use. Even though it's branded as AOL, it's actually XM Radio, which is a nationwide service. They have great music on there and it's the same music you'd hear if you bought one of those XM systems that you put in your car.But this version is free
Posted by: Wassila | May 28, 2012 at 03:28 PM
one speaker? 's MONO? 's ? CHOOSING want lisetn ? example , 's obscure metal radio station streams music URL 67.192.191.191:6666 ( example). WAY address radio i STUCK whatever stations build ' ( lack better word) words , a way lisetn I want ANYWHERE web? radio SUCKS!
Posted by: Miguel | August 07, 2012 at 08:56 PM