MusicDish e-Journal - February 23, 2018
MusicDish Advertising Network
Search MusicDish e-Journal (Advanced)
Subscribe To MusicDish e-Journal
About | Contact | Advertise | RSS | Submit Article | Submit News | Artist Development | Premium PR Distribution
Mi2N | MusicDish*China | MusicDish Network | MusicDishTV | Urban Music News Network

The U.S. Copyright Office Levels the Playing Field Between Terrestrial and Internet Radio Stations
By Margee Fagelson
(more articles from this author)
Comment | Email | Print | RSS

Can it be true? DiMA, the RIAA and me, all in agreement? Okay, it's only for a minute, and only partially, but hey...anyone looked to see how Frosty the Snowman is doin' in hell? Don't put on your bikini, yet...

The U.S. Copyright Office finally made traditional media stand up and take their lickin'. The Copyright Office ruled that traditional (terrestrial) radio stations who also air their shows via webcast, are responsible for the same licensing fees as pure webcasters. Now simulcasters have to fork over the compulsory licensing fee as well. One for the web!!! Hilary was happy, Jon Potter was happy, and presumably Sonicnet, Echo, Launch, etc. were pretty psyched, too!

Oops! Not so fast, gang. As's Warren Cohen reports: "The Copyright Office's ruling, as it now stands, may limit the choices webcasters can offer listeners in determining what artists and songs they can hear, and how often they can hear them. Because of the decision, webcasters who offer services that are too interactive may now lose their eligibility for certain compulsory licenses for sound recordings, forcing them to negotiate with individual labels for the right to webcast their songs, a process that could be both time-consuming and expensive. The labels could also refuse to license their works to such sites altogether."

We knew it was too good to be true. What are 'interactive services'? When you're listening to something like Radio Sonicnet or Launchcast or one of your own - or someone else's - personalized 'radio' stations and you have the option to program your own station, that is interactive. Your programming only goes so far as deciding on the musical genres and styles you wish to hear, some bot decides the rest. Then, while you're listening and happily jamming out to Everclear and Nirvana and STP and Lyle Lovett and Pat Boone (it could happen!!), you'll occasionally have to be assaulted by the near-offensive strains of...Faith Hill, perhaps. You then have the option to press 'skip' and at Echo, you can even rate Faith, her song and the album. However, in the Digital Millennium Copyright Act (DMCA) of 1998, stipulations were laid to make webcasting more like traditional radio broadcasting. Instead of allowing you free reign to program your 'all-Zamfir, all-the-time-panflute' web station, the listener had to experience a more terrestrial radio experience...some good songs, some bad, some voice in programming but not a very loud one. Terrestrial stations are limited, too. I know it seems like it's Britney, Britney, Britney, every half-hour on the half-hour, in fact stations are required - by law - to play far less than we think we hear.

The copyright act came down with this new licensing ruling for radio simulcasters (and, hey, it only really hurts Infinity and Clear Channel, the two companies who own all of American terrestrial radio, anyway). And they initially stated that it was 'doubtful' that the aforementioned services appeared to 'qualify as interactive.' Get the champagne!

Step away from the Veuve Cliquot. The copyright office came back and amended their mistake. Seems that it was 'doubtful' that the same aforementioned services 'qualified as non-interactive.' Drat! Oh well.

So much excitement at the U.S. government. Nonetheless, the radio broadcasters who want to play with the digi-guys have got to pay the piper.'s Warren Cohen says that: "...the government office set a new schedule for the parties to complete discovery in the arbitration proceeding, and called for the arbitration to begin on May 21, 2001. Once the license is set, radio stations and webcasters will not only owe that amount prospectively, but will become retroactively liable to the RIAA for the sums that have accrued since October 28, 1998, when the DMCA took effect."

We'll wait and see.


Clear Channel -
DiMA -
Echo - -
Launch -
National Association of Broadcasters -
Sonicnet -
U.S. Copyright Office -

Related MusicDish e-Journal Articles:
» SEC. 104. Evaluation of Impact of Copyright Law and Amendments on Electronic Commerce and Techno-Logical Development (2000-11-28)

Related News from Mi2N:
» Public Performance Of Sound Recordings: Definition Of A Service
» Rulemakings And Related Actions Concerning Webcasting
» Statement Of RIAA President And CEO Hilary Rosen On Ruling On Performance Royalties For AM/FM Webcasting
» Statement Of NAB President/CEO Edward O. Fritts

Home » News Beat » The U.S. Copyright Office Levels the Playing Field Between Terrestrial and Internet Radio Stations
Email |Print |Comment |RSS

back | top

MusicDish Advertising Network

News Beat

» ICE and Facebook Reach Multi-Territory Music Licensing Agreement

» B-Reel Named Top 10 Most Innovative Company in Music by Fast Company

» VNUE Inc. To Acquire Music Rights Startup Soundstr

» Viberate & Imogen Heap Strive To Give Equal Opportunity To Every Artist

» Mixcloud Taps Gracenote for Advanced Music Recognition

News Beat Directory

» [2018-02-21] Briony Turner And Alec Boateng Promoted To Co-Heads Of A&R, Atlantic Records UK; Turner And Boateng Will Oversee The Atlantic A&R Team, Joint Projects, As Well As Maintaining Their Own Artist Rosters

» [2018-02-21] ICE And Facebook Reach Multi-Territory Music Licensing Agreement; New Deal Will See Songwriters And Composers Remunerated

» [2018-02-20] B-Reel Named Top 10 Most Innovative Company In Music By Fast Company; Global Creative Agency Receives Honor For Its Award-Winning Gorillaz Campaign

» [2018-02-18] YG PLUS And Gracenote To Bring K-POP To Fans Around The World; Gracenote And YG PLUS To Make All K-POP Music More Searchable And Discoverable On Global And Regional Streaming Music Platforms And Services

» [2018-02-17] VNUE Inc. To Acquire Music Rights Startup Soundstr; VNUE Acquisition Aims To Ensure A Fairer Royalty System

» [2018-02-17] Is Podcasting The New Radio?; 25% Of Surveyed Americans Say They've Listened To A Podcast In The Past Month, Up From Less Than 10% In 2008

» [2018-02-01] Insomniac Announces Inaugural Electric Daisy Carnival China Set To Debut In Shanghai; China Marks EDC's Second Location On The Asian Continent

» [2018-02-01] Viberate & Imogen Heap Strive To Give Equal Opportunity To Every Artist; Heap's Main Role In Viberate's Advisory Team Will Be To Help Further Guide Us Toward A Second To None Service For The Live Music Segment

» [2018-01-22] Italian Independent Music Collective Fil1993 Group Signs With MusicDish*China; MusicDish*China Will Be Developing Their Online Presence And Social Media In China As Well As Releasing Their Catalogue To Chinese Streaming Music Services

» [2017-12-25] MusicDish*China Presents 'Savage Guitarist' Todd Clouser In Beijing; As Part Of His #YouTheBrave Asia Tour That Includes 8 Shows Across Japan, Todd Will Be Giving Solo Shows At Laifu Livehouse On 12/27 And Temple Bar On 12/28

» [2017-12-20] Mixcloud Taps Gracenote For Advanced Music Recognition; Next-generation Audio Fingerprinting Helps Mixcloud Identify And Catalog Copyrighted Music Within User-generated Content

» [2017-12-18] Copyright Royalty Board Increases Sirius XM Royalty Rate; Judges Announce Royalty Rates And Terms For Satellite Audio Radio Services (SDARS) And Preexisting Subscription Services
MusicDish Advertising Network

follow MusicDish on
Follow MusicDish on Twitter

Mi2N Music PR

Hybrid Studios Hosts Annual NAMM Afterparty

High Definition Music Card - The New Way To Experience Music!

DEATH BY MISADVENTURE, New True Mystery Podcast Launches 31st January 2018

Music And Kids Joins Forces With Carnie Wilson, With Plans To Provide One-on-One After-School Music Education To Thousands Of Middle And High School Students

Don Dawil's Valentine's Day Debut Latin Single "Necesito Verte"

Taking Applications - The 23rd Annual USA Songwriting Competition

The International Music Consulting Firm GINGIO Hosts Events At NAMM And Grammy Weeks

Websites: Mi2N | MusicDish*China | MusicDish Network | MusicDishTV | Urban Music News Network
Services: Submit Article | Submit News | Submit Video | Artist Development | Premium PR Distribution

Copyright © 1997-2018 MusicDish LLC., all rights reserved.
About MusicDish e-Journal | Contact Us | Advertise | RSS | Internships