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Federal Appeals Court Rejects DiMA Petition

by , 1:20 PM EDT, July 12th, 2007

The federal Copyright Royalty Board (CRB) previously put into place severe new royalty payments required of broadcasters playing music. That brought on an urgent DiMA petition for a stay that would defer retroactive fees that would put many Internet radio stations out of business. A federal appeals court has declined to grant that petition.

The U.S. Court of Appeals for the District of Columbia said that the opponents of the fees, "have not satisfied the stringent standards required for a stay pending court review." The story was carried by C|Net.

The Digital Media Association (DiMA) which represents members like Live365 and Pandora, has been carrying on this battle to preserve the viability of Internet radio. Jonathan Potter, the DiMA executive director said that he was hopeful a compromise could still be reached.

The new fees go into effect July 15th.

DiMA pointed out that the new fees could cost the largest Internet radio operators, Yahoo, RealNetworks, and Pandora more than US$1B in the first year. Some stations will be "forced to make very difficult decisions about what music, if any, they are able to offer," Mr. Potter said.

Now, the only recourse is legislation that would overturn the CRB's ruling. Rep. Jay Inslee (D-Wash.) is a sponsor of just such legislation, and for now, legislation instigated by consumers and constituents seems to be the only hope for saving Internet radio in its current form.

  

Observer Comments

Show: Subjects Only | Full Comments
Close Name:Guest
Subject: If the legislation doesn't pass internet radio is DEAD!

If the legislation doesn't pass internet radio is DEAD!

Close Name:Guest
Subject: No Kidding

Quote
Guest wrote:
If the legislation doesn't pass internet radio is DEAD!


Close Name:geoduck Posts: 1922 Joined: 30 Dec 2003
Subject: Not dead...

Clear Channel, and other big players (aka RIAA insiders) will still be up. Internet Radio will not go away, it will just be converted into the same pointless, commercial, unresponsive, mind-numbing crap that is broadcast now over the AM and FM spectra. Quality, new artists, niche market stations, off beat collections, they will disappear, along with most of the audience. But Internet Radio will continue.

Not that most people will care any more.

Close Name:Artgrnlf Posts: 5 Joined: 18 Jul 2005
Subject: One Has To Wonder...

Where we would be if publishers of other media and "artists" such as Shakespeare, Longfellow, Robert Frost, etc. insisted on a royalty each time a book was read or poem recited.

This is a sad day for those who enjoy the arts for their depth and beauty and a victory for the money grubbing industry and so called artists. We have lost our freedome to enjoy and are burdened with a new comercialism.

Close Name:gslusher Posts: 2088 Joined: 13 Nov 2002
Subject: Re: One Has To Wonder...

Quote
Artgrnlf wrote:
Where we would be if publishers of other media and "artists" such as Shakespeare, Longfellow, Robert Frost, etc. insisted on a royalty each time a book was read or poem recited.

This is a sad day for those who enjoy the arts for their depth and beauty and a victory for the money grubbing industry and so called artists. We have lost our freedome to enjoy and are burdened with a new comercialism.


There is an inherent difference between performance art--music, dance, theater, film/video, speaking, etc.--and static art--books, poems, paintings, sculpture, etc.

However, if you look closely at written works that are still under copyright, the "performance" rights--recitations, readings, recordings (e.g., audiobooks) etc.--ARE covered. Thus, if you were to recite/read in public a poem that is under copyright, you would have to get permission from the copyright holder. The key is that would be, like broadcasting on radio, a "public performance" of the work. Whether it is for profit or not, that falls under copyright protection.

Of course, the works of Shakespeare and Longfellow are well into the public domain: no one can copyright them, per se, though one may copyright a particular expression, e.g., a book of Longfellow's poems. (The BOOK would be copyright, but the POEMS would not.) I'm not sure about Frost's work.

Every so often, the term of copyrights gets extended, just about the time when early Disney animated films would come into the public domain. That is NOT a coincidence.

Close Name:WetcoastBob Posts: 83 Joined: 17 Aug 2006
Subject: Who wil benefit?

Who stands to benefit?
I will bet it is big business.
Is it also a blow to democratic webcasting?
Cheers:
Bob

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