"Redundant, and unrealistically burdensome to webcasters ..."
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
"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
"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