The Mac Observer

Skip navigational links

You're viewing an article in TMO's historic archive vault. Here, we've preserved the comments and how the site looked along with the article. Use this link to view the article on our current site:
Federal Appeals Court Rejects DiMA Petition

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

Comment on this Article


You cannot edit your comments.   You cannot delete your comments.

Comments are currently closed. Please email the author instead.


Recent Headlines - Updated November 20th

Fri, 7:07 PM
Games - Soccer Sim Championship Manager 2010 Released for Mac
6:47 PM
Games - EA Publishes Original Monopoly for iPhone
6:15 PM
News - Original Apple I on Ebay for $50K, w/Letter from Steve Jobs
6:11 PM
Games - New iPhone Games: Secret of the Lost Cavern Ep 1, New DJ Nights, More
5:47 PM
Games - Star Trek D-A-C Game Headed to the Mac Next Month
4:57 PM
Product News - TidBITS Releases “Take Control of Syncing Data in Snow Leopard”
4:26 PM
John Martellaro's Blog - Particle Debris (week ending 11/20) Stationery Pads Go Poof
2:59 PM
Free on iTunes - Musée du Louvre, Art Lite, SketchBook Mobile X and More.
1:50 PM
Deal Brothers - Acer P215H bmid 21.5” Widescreen LCD Monitor:  $139.99
11:24 AM
TMO Appearances - Jeff Gamet Shares More Holiday Gift Ideas on MacJury
10:43 AM
Product News - Cocktail 4.5 for Leopard Adds QuickLook Cache Clearing
10:06 AM
News - Hack Enables Mac OS X 10.6.2 on Netbooks

The Mac Observer Reader Specials

  • TypeStyler For Mac OS X is Now Shipping! Download The Free Fully Functional 60 Day Tryout at www.typestyler.com
  • RamJet Memory: Mac Pro 8-core 8GB Kit $249.99, 4GB Kits $149.99! Sale on MacBook and MacBook Pro 8GB kits $497.99! New MacBook DDR3 4GB for $109.99. iMac and Mac mini 4GB Kits for $109.99! 1TB SATA Hard Drives for $109.99! Click here
  • OWC: We Make DIY Upgrading Easy! Maximize your Apple MacBook / MacBook Pro. Up to 8.0GB Memory, up to 1.0TB HD & More. Easy Guide + Free, Detailed Installation Videos. Click here
  • Poker Mac If you're using a Mac, then you've gotta check out Full Tilt Poker for Mac. This Full Tilt Poker bonus code does the unthinkable, it actually rewards!
  • For the latest Apple products use Ciao, a price comparison website, to find laptops like MacBook Air. Then find the best prices on MP3 players and use our comparison tool to evaluate mobile phones like the Apple iPhone.

  • Laptop Hardware Provided by TechRestore - Overnight Mac & iPod Repairs.
  • __________
  • Buy Stuff, Support TMO!
  • Podcast: Mac Geek Gab
  • Podcast: Apple Weekly Report
  • TMO on Twitter!