[nylug-talk] [joly at dti.net: [Discuss] The Internet Radio Equality Act]

[Ruben Safir]

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Subject: [Discuss] The Internet Radio Equality Act
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http://www.kurthanson.com/archive/news/042607b/index.shtml



The bill has five major provisions:

    * Nullifies the recent decision of the CRB judges

    * Changes the royalty rate-setting standard that applies
        to Internet radio royalty arbitrations in the future so
        that it is the same standard that applies to satellite
        radio royalty arbitrations -- the 801(b)(1) standard
        that balances the needs of copyright owners, copyright
        users, and the public (rather than "willing buyer /
        willing seller"). (For more detail on this point, read
        the recent RAIN issue on "Copyright law," here.)

    * Instructs future CRBs that the minimum annual royalty
        per service may be set no higher than $500.

    * Establishes a "transitional" royalty rate, until the
        2011-15 CRB hearing is held, of either .33 cents per
        listener hour, or 7.5% of annual revenues, as selected
        by the provider for that year. Those rates would be
        applied retroactively to January 1, 2006. (The logic
        behind this rate, incidentally, is an attempt to match
        the royalty rate that satellite radio pays for this
        royalty -- thus the name of the bill.)

    * Expands the Copyright Act?s Section 118 musical work
        license for noncommercial webcasters to enable noncomms
        to also perform sound recordings over Internet radio at
        royalty rates designed for noncommercial entities, and
        sets an transition royalty at 150% of the royalty amount
        paid by each webcaster in 2004. (Note that this amount
        would be a set, flat fee through the end of the decade.)
        (NOTE: This paragraph contains a correction from earlier
        versions of this day's issue of RAIN.)

    * For future CRBs (e.g., 2011-15), adds three new
        reports in the CRB process: The Assistant Secretary of
        Commerce for Communications and Information will submit
        a report to the CRB judges on the industry impact in
        terms of competitiveness of the judges' proposed rates;
        at the same time, the FCC will submit a report to the
        CRB judges on the effects of the judges' proposed rates
        on localism, diversity of programming, and competitive
        barriers to entry; and the Corporation for Public
        Broadcasting will submit a report to Congress and the
        CRB judges on the effect of the the judges' proposed
        rates on their licencees. (NOTE: This parargraph is an
        addendum to earlier versions of this day's issue of
        RAIN.)

Now that the bill has been introduced, the http://SaveNetRadio.org
"call to action" is specific and direct: The site is now
asking listeners to call their Representative and ask
him/her to "cosponsor the Internet Radio Equality Act,
introduced by Representative Jay Inslee." Once listeners
click the "Call Your Representatives" button on the site and
enter their zip code, they are given their Representative's
House office phone number and a list of "talking points" to
emphasize.

http://www.kurthanson.com/documents/Internet_Radio_Equality_Act.pdf



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