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"Redundant, and unrealistically burdensome to webcasters ..."
By Jon Newton, p2pnet.net
(more articles from this author)
2002-04-18
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Music Industry News - as it happens
Source: Mi2N - April 13, 2002

Proposed regulations for, "notice and recordkeeping for services operating under the statutory sound recording digital performance license, 17 U.S.C. 114, and multiple ephemeral recordings license, 17 U.S.C. 112(e)," suck.

That is, in effect, the message from the DiMA, which represents online media services and technology companies. It states:

"1. the proposed rule - which is intended to ensure that copyright owners receive reasonable notice of the use of the sound recordings under the statutory licenses - is extraordinarily overbroad, frequently redundant, and unrealistically burdensome to webcasters in terms of time, labor and expense;

"2. the imposition of more than the minimum required data obligations on webcasters will be, particularly after the recent CARP royalty recommendation, an unjustified tax further diminishing webcasters' opportunity for success, which is contrary to one of Congress' primary goals in enacting Section 114 - to facilitate the development of new transmission services; and,

"3. the suggestion that requirements for royalty calculation and allocation can be expanded into a 'proof of statutory license eligibility' requirement is not supported by either section 112 or 114, and runs contrary to the general policy whereby the burden of proof lies with those who would challenge statements made upon penalty of perjury."

Related News from Mi2N:
» Notice And Recordkeeping For Use Of Sound Recordings Under Statutory License


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