Intellectual "Property" in the Digital Age
Frank Field
Links Home : IP Controversies : Digital Music : Webcasting

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· Day of Silence Protest (4/4) · Post-V2 Moves (15/15)
· Royalties, V1 (17/17) · Royalties, V2 (11/11)


-REC Copyright Royalties: Where is the Right Spot On The Dial For Webcasting
[1 hits, 0 votes, Average Rating 0] [Added: 17th May 2002]

Senate Judiciary Committee; May 15, 2002. Testimony from the RIAA, DiMA, Arbitron and several webcasters. A source of some business data (skewed, of course) and a look at the debate today. There's a Slashdot discussion that is not that great, but there are more links to consider: Senate Committee Holds Webcasting Hearing
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-REC Net broadcasters, musicians urged to come to terms: Industry fears fees will doom business
[1 hits, 0 votes, Average Rating 0] [Added: 16th May 2002]; Edward Epstein; May 16, 2002. Senator Leahy suggests the groups on both sides get together or everyone may end up unhappy. Some weird logic cited in the article, though. Apparently Leahy feels that the survival of small businesses is more important than royalty payments to artists. Does this mean that ill-considered businesses should be able to get royalties at a rate low enough that they are profitable anyway? This is going to start a fight, I'm sure.
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-REC Raising the Barriers to Entry
[1 hits, 0 votes, Average Rating 0] [Added: 21st Oct 2002]; Richard Menta; October 21, 2002. A commentary on the webcasting royalty battles, suggesting that the concern is not piracy, but making it more difficult for outsiders to get into the business of music promotion and distribution. Slashdot discussion.

The Internet has lowered the barriers of entry for Netizens by serving as a cheap pipeline that the average Joe with nothing but a PC, some software and Web access could leverage to reach an audience the record industry has to spend millions to access. Barriers so low that a company like Napster sprang up out of the mind and garage of a teenager to grab an audience of 70 million. Barriers so low that high school student can create radio stations with a worldwide listenership, something out of reach for terrestrial stations due to the technical limitations of radio waves.

The entertainment can't allow such a thing to continue. That is because cheap and easy distribution of media devalues the obsolete distribution methods they make their fortunes on.

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-REC The battle over Web radio continues
[1 hits, 0 votes, Average Rating 0] [Added: 3rd Apr 2002]

Salon April 3, 2002. Who benefits from the new rules? Point-counterpoint between the Recording Industry Association of America (Steve Marks, senior vice president of legal affairs at the Recording Industry Association of America) and an Internet radio pioneer (Brian Zisk, a co-founder and former vice president of marketing and business development for the Green Witch Internet Radio). Links to earlier articles in the controversy fromSalon Slashdot discussion now up: Web Radio and the RIAA
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-REC Why college radio fears the DMCA
[1 hits, 0 votes, Average Rating 0] [Added: 14th Dec 2001]; Mark L. Shahinian; December 13, 2001. "If the Digital Millenium Copyright Act is fully enforced, stations will be unable to afford to webcast their tunes." Slashdot picked it up, with some other interesting links: Webcasting and the DMCA
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-A New Industry Threat: CD's Made From Webcasts
[1 hits, 0 votes, Average Rating 0] [Added: 16th Dec 2001]

The New York Times; Neil Strauss; December 12, 2001. Issues in the rise of the Digital Club Network and their Webcasts.
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-Artful Dodges
[1 hits, 0 votes, Average Rating 0] [Added: 11th Jun 2001]

The Industry Standard; Lawrence Lessig; June 11, 2001. "Record execs are crying for the rights of the artists. But the real issue is innovation, not pay." An examination of the record industry's response to webcasting and innovation in digital music delivery.
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-Baseball Tests Online Broadcasts
[2 hits, 0 votes, Average Rating 0] [Added: 12th Sep 2002]

New York Times; Bob Tedeschi; September 12, 2002. featured its first so-called Webcast, of the Yankees-Rangers contest, on Aug. 26. The game was available live to all but people who lived in the teams' local television markets. That Webcast, which attracted 30,000 viewers, was free, but the site will charge fans beginning with tonight's contest between the Oakland A's and the Anaheim Angels.

Live sports Webcasts have gained some momentum in recent weeks, as announced late last month an online broadcasting agreement in college sports with one of the N.C.A.A.'s biggest conferences, the Big 12. Still, league and Internet executives are quick to caution that these efforts are not worth shouting about, at least yet.

... Notably, protected the rights of local TV broadcasters by encrypting the transmission to prevent piracy, while also blocking viewers in the Yankees and Rangers home markets. The site verified each user's address by asking for credit card information, and by executing spot checks of users' so-called Internet protocol addresses — the numeric identifiers for the network-hub computers through which users connect to the Internet. For broadband Internet users, those addresses can reliably yield geographic information, Mr. Bowman said.

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-Court Deals Webcasters a Royal(ty) Blow
[1 hits, 1 votes, Average Rating 4.00] [Added: 3rd Aug 2001]

The Industry Standard; Ronna Abramson; August 2, 2001. "A judge upholds a ruling that radio broadcaster must pay when transmitting copyrighted material over the Net.
"...Radio broadcasters have argued that they are exempt from paying royalties for Webcasting because of a provision of copyright law that exempts "nonsubscription broadcast transmission." Both the RIAA and Digital Media Association have argued that while traditional AM/FM radio transmission qualifies because it runs one-way only, Webcasts fail to qualify because they involve signals transmitted over closed lines to the specified addresses of individual computers."
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-Court rejects online radio ruling
[1 hits, 1 votes, Average Rating 7.00] [Added: 3rd Aug 2001]

Salon; AP Wire; August 3, 2001 - An argument that webcasting is different from broadcasting, and that different copyright licensing applies.
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-Digital Media Association CARP position
[1 hits, 0 votes, Average Rating 0] [Added: 3rd Apr 2002]

DiMA WWW site
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-Internet Radio is Dead -- Long Live Internet Radio!
[1 hits, 0 votes, Average Rating 0] [Added: 22nd Mar 2002]

I, Cringely; Robert X. Cringely; February 21, 2002. Subtitle: A U.S. Government Panel Has Recommended a Royalty System That Will Probably Kill Internet Radio and Make Possible a Better System to Follow. Ultimately a discussion of Xanadu Server, but a good discussion of the limits of webcasting.
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-Internet radio quietly gaining stream
[1 hits, 0 votes, Average Rating 0] [Added: 8th Nov 2001]; Mike Langberg; November 7, 2001 - moved EVERTHING, so this link is no longer valid :(
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-Labels to Net Radio: Die Now
[1 hits, 0 votes, Average Rating 0] [Added: 7th Jul 2002]

MSNBC repost of a Newsweek article; Steven Levy; July 15, 2002.

You’d think the record companies would love Internet tunes—instead they’re trying to kill them

...So why are the record labels taking such a hard line? My guess is that it’s all about protecting their Internet-challenged business model. Their profit comes from blockbuster artists. If the industry moved to a more varied ecology, independent labels and artists would thrive—to the detriment of the labels, which would have trouble rustling up the rubes to root for the next Britney. The smoking gun comes from testimony of an RIAA-backed economist who told the government fee panel that a dramatic shakeout in Webcasting is “inevitable and desirable because it will bring about market consolidation.”

Rate this: Makes Its Peace With the Major Music Labels
[1 hits, 1 votes, Average Rating 7.00] [Added: 11th Jun 2001]

The Industry Standard; Scarlet Pruitt; June 11, 2001. A major webcaster bows out and agrees to kill parts of its service.
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-More Suits Over Streaming Music
[1 hits, 0 votes, Average Rating 0] [Added: 10th Jun 2001]; Brad King; June 9, 2001.
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-Musicians win web royalties fight
[1 hits, 0 votes, Average Rating 0] [Added: 11th Nov 2001]

BBC News; November 11, 2001. "Musicians and artists will now be paid directly for broadcasts of their work in the US on cable, satellite and the internet - rather than the cash going to their recording companies." Quite an interesting turn - Slashdot commentary is here: RIAA, Music Unions Agree On Payments For Digital Play
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-MusicMatch Touts Subscribers as Web Music Stalls
[1 hits, 0 votes, Average Rating 0] [Added: 20th Feb 2002]

New York Times; Reuters; February 20, 2002.
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-Net radio picks up support in Congress
[1 hits, 0 votes, Average Rating 0] [Added: 24th Apr 2002]

ZDNet News; Gwendolyn Mariano; April 24, 2002. "A group of congressional representatives is rallying to support independent Webcasters, urging a federal arbitration panel to give them a fair royalty rate for online radio."
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-Net radio raises a pirate flag
[1 hits, 0 votes, Average Rating 0] [Added: 3rd Jul 2002]

CNet News; John Borland; July 3, 2002. The development of Streamer.

The 39-year-old McLeod, a game designer who works out of his home in England, is the author of Streamer, a new software program designed to let people create online radio stations that are difficult for the authorities to trace.

...Then there's the underground path. The technological pieces are falling into place for a pirate radio scene that flies in the face of industry's enforcement efforts, much as file swappers have done for years.

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-P2P Streaming Radio
[1 hits, 0 votes, Average Rating 0] [Added: 1st Jul 2002]; June 30, 2002. Discussion of Spheres of Chaos, a program written to develop untraceable P2P streaming radio - an attack on CARP/Copyright Office webcasting royalties. An interesting reaction, although as a single platform product only margianally GPLed, it'll be an uphill battle.
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-Questions & Bring out your dead
[1 hits, 0 votes, Average Rating 0] [Added: 26th Jun 2002]

Doc Searls Weblog; Doc Searls; June 25, 2002. A key weblogger makes a point and tries to get some facts on the impact of the new royalty regime.
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-Radio and Internet Newsletter
[1 hits, 0 votes, Average Rating 0] [Added: 25th Jun 2002]

Radio and Internet Newsletter WWW page
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-Save Internet radio! Here's why--and here's how
[1 hits, 0 votes, Average Rating 0] [Added: 2nd May 2002]

ZDNet News/Anchordesk; David Coursey; May 2, 2002. "It's hard to believe that a Congress that has voted down online sales taxes--supposedly to avoid stifling the Internet--would allow a clear Internet-killer like these fees to go through. If we don't complain loudly, the death of many Internet radio stations is less than three weeks away."
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-Saving Web Radio: The 5% Solution
[1 hits, 0 votes, Average Rating 0] [Added: 21st May 2002]

BusinessWeekOnline; Jane Black; April 4, 2002. " So what's the solution? Billington should reject CARP's recommended royalty rates. Instead, he should require Webcasters to pay a percent of revenues, say 5%, to the record labels. That's what small Webcasters and huge radio conglomerates such as ClearChannel were clamoring for during the comment period, which ended Mar. 20."
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-SomaFM General Manager Answers Your Questions
[2 hits, 0 votes, Average Rating 0] [Added: 22nd May 2002]; May 22, 2002. SomaFM is one of the activist webcasters - this Slashdot interview (questions submitted and ranked before submission) gives a look at the world from the side of an Internet webcaster.
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-Streaming Music Choked by Fees?
[1 hits, 0 votes, Average Rating 0] [Added: 2nd May 2002]; Brad King; May 2, 2002. "But Warner is in a rather strange position. It must walk a tightrope between the other four music labels, which have fought to slow down digital distribution, and its own parent company, AOL-Time Warner, which parlayed its massive Internet operation into a successful music marketing tool." The split between the other content provides and Time-AOL is getting a little more apparent to industry observers.
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-This Is Not Your Father's Radio
[1 hits, 0 votes, Average Rating 0] [Added: 11th Jun 2001]

The Industry Standard; Special Report; May 15, 2001. Radio over the internet.
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-Universal loses music lawsuit
[1 hits, 0 votes, Average Rating 0] [Added: 27th Sep 2001]

ZDNet News; Jim Hu; September 26, 2001. "Music publishers on Wednesday won an importnat legal ruling against the world's largest record label in a cast that could set rules for streaming copyrighted songs over the Internet." So, the record companies do not seem to have complete control over licensing of streamed Internet music delivery - it's not clear from the article whether this is a question of the performance license or the mechanical duplicating license, but at least one seems to hold. UPDATE: here's a Slashdot discussion: Universal's Clone Loses in Court
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-Webcaster cuts costs while audience grows
[1 hits, 0 votes, Average Rating 0] [Added: 3rd Jan 2002]; Dawn C. Chmielewski; January 1, 2002. Live365's struggles to keep in business.
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-Webcasters and Record Industry Both Appeal Royalty Ruling
[1 hits, 0 votes, Average Rating 0] [Added: 11th Mar 2002]; March 9, 2002
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-Will a Court Ruling Decimate the Ranks of Music Webcasters?
[1 hits, 0 votes, Average Rating 0] [Added: 21st Aug 2001]; Peter Dizikes; August 13, 2001. The world of online music has long been the land of the free, for listeners and providers alike. But a recent court decision means Internet radio companies will have to pay up - and that could make a lot of them close shop, too.
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