Monthly Archive for July, 2007

Web Radio: One Nail in the Coffin

Well, it ain’t looking good.

SaveNetRadio.orgAs reported by the BBC, a Washington D.C. Court of Appeals has denied a petition to stay the fees set to go into effect on July 15th for internet-based radio stations - fees that would essentially bankrupt all but the wealthiest of web radio broadcasters.

As if enough hasn’t already been said about the arbitrary and baseless meaning behind these new rates, Ars Technica reported that SoundExhange, as part of the initial fee structure they proposed, also included a $500 per channel “administrative fee”.

When we discussed the $500-per-channel administrative fees with a representative of Internet radio provider Live365 last month, we learned that Live365 handles all of its station administration and licensing itself and merely submits reports to SoundExchange “as a single service.” One wonders why SoundExchange needs $500 per channel for administration when licensing and administrative services are already largely handled by Internet radio providers.

That per channel fee was capped at $2500 per broadcaster as part of a “settlement” offered by SoundExchange, which, amongst other things, was also aimed at preventing webcasters from lobbying congress to regulate these fee structures. In addition, the offer was only good until 2008, at which the initial fees proposed would go into effect.

Now is the time to contact your congressional and senatorial representatives and as them to support H.R. 2060 and S. 1353 respectively (as of this posting, both links to the bills were returning “high traffic” errors, which hopefully is a good sign).

Other resources and articles:

RIAA Myths about web radio
Court declines to postpone Internet radio royalty hike (Ars Technica)
Save Net Radio
Digital Media Association
Rusty on Radio (Blog with up to date info)
SomaFM Founder: SoundExchange Wants Google to Buy Pandora (Wired Online: Listening Post)

Will Net Radio Live?

So we’re less than a week away from July 15th, when the new royalty rates for web-based radio go into effect - all but destroying the diversity of the medium. SoundExchange, the RIAA founded organization set up to collect the royalty rates, has proposed something they call a settlement.

According to the SFWeekly, the purposes of the proposal are a little more devious:

The increased royalties set by the Copyright Royalty Board on March 2 came with a distinct catch. Webcasters are free to ink direct licensing deals with labels for a lower rate than the one set by the board. Direct licensing allows major labels to apply economic pressure to Webcasters who were formerly concerned with playing the best music.

If Net radio stations don’t win their fight, playing whatever they want will become prohibitively expensive. Playing crap, however, won’t be. Under the new rules it would be economically logical for cash-strapped Webcasters to take discounted rates to play music the labels want them to play. Instead of the labels paying the Webcasters, the Webcasters pay the labels less. Dark payola.

It’s a brilliant strategy - strong arm a medium into becoming another marketing tool.

According to KCRW, there’s also one more nefarious portion of the new proposal:

But what their press release didn’t mention, was the quid pro quo nature of their offer. Sound Exchange would reduce their administrative fee, if those organizations agreed to abandon their legislative efforts to protest the royalty rates now and in the future. In addition, the fee reduction would only be good for 18 more months, thereby forcing those organizations to fight all over again in 2009 against the same problem.

It is a disturbing aspect of the new proposal - abandon your right (some would say duty) to lobby your congressional representatives on issues you deem important, and settle for whatever SoundExchange proposes. It’s an absurd part of the proposal, as regulating this industry is exactly what needs to happen to stop the RIAA and its stranglehold on mediums they clearly want to control.

In any case, congress has six days to deal with this before the July 15th deadline arrives. If you have a moment, please give your congressional representative and state senators a call. SaveNetRadio.Org has some great information on contacting your representatives.

Where’s Will Smith?

So it’s the 4th of July, and in the spirit of national pride, I thought it might be appropriate to remember a simpler time - a time when we had a war on a different noun, that being communism. Of course, we vanquished that enemy, and, in the process, didn’t manage to get ourselves involved in drawn out war based on false pretenses.

So in honor of Independence Day, I give you What It Means To Be an American (1952) from the Prelinger Archives.

http://www.archive.org/download/what_it_means_to_be_an_american/what_it_means_to_be_an_american.flv

There’s a whole lotta’ white people in that film. It’s like Triumph of the Will (1935), without all of that Hitler baggage…