Rockbites: Webcasting may yet survive—initial ruling positive

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May 2002 • Rockbites Alternative Daily

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Webcasting may yet survive—initial ruling positive
23 May 2002

America’s ill conceived Digital Millenium Copyright Act (DMCA), among other mistakes, views Internet streaming by radio Webcasters as providing 'perfect copies' of original music to each listener.
    One troublesome and recent symptom of this legal disorder is a formal recommendation, issued 20 February 2002 by the US Copyright Office’s copyright arbitration royalty panel (CARP), to institute a double-dipping scheme for record companies.
    The scheme would allow record companies to get money from radio stations once for air-based broadcasts and a second time, at a much higher rate, for Web-based broadcasts. The Recording Industry Association of America (RIAA), the legal voice for major labels, is all for it. College radio stations are ready to pull the plug, unable to even consider financing a legal battle. For more background, see our story from April (link below).
    On Tuesday, Marybeth Peters, the US Register of Copyrights, recommended to James H. Billington, the Librarian of Congress, that “the CARP’s determination must be rejected.” Billington endorsed the rejection and ordered it into effect the same day.
    The RIAA along with RIAA-friendly members of Congress have four weeks to convince Billington to change his mind. His final ruling is due 20 June.
    Cary Sherman, president of the RIAA, published this response: “The Librarian has rejected the arbitration panel’s determination, but we do not know why or what decision the Librarian will ultimately make based on the evidence presented. Since both sides appealed the panel’s determination, anything is possible. We look forward to the conclusion of this process on June 20th, and to the day when artists and labels finally get paid for the use of their music.” | ruling by US Librarian of Congress | | previous CARP story on Rockbites | | Save Internet Radio | | RIAA Webcasting statements | | top of page |

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