CBI Seeks Stay Of Webcasting Rates
Are copyright regimes harming the broadcast industry? Whether it is or not, broadcasters have increasingly found themselves at odds with music copyright holders, claiming rules, regulations and/or rates imposed are, at the least, onerous, and at their worst, the shutdown of over 70 educational and community webcasting stations listed on Save Our Streams.
Much of the present controversy surround the webcasting royalty rates, of course. Following the denial by the Librarian of Congress of motions for a stay of the due date of webcasting fees by the National Association of Broadcasters, Live365 and Collegiate Broadcasters, Inc. (CBI), the latter has turned to the D.C. Circuit of the U.S. Court of Appeals.
CBI urged the court to delay webcasting fees in the face of opposition from Senator Helms who had blocked the passage of HR 5469. The bill enshrined a new set of rates negotiated between the RIAA and several webcasters. CBI claims also that the process used to determine webcasting rates was flawed due to prohibitive participation fees which barred several interested parties, including itself & National Public Radio, from testifying in the proceedings.
Nor is CBI pleased with the offer from SoundExchange to only collect the annual minimum fees applicable since 1998. According to University of Louisiana at Monroe's KXUL, the station would be required to pay $2,500 while it would actually owe royalties of less than $250 under the rates established.
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