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Frantic webcasters across the net are trying to combat the recent development in webcast regulations that would require small, independent Internet radio stations to pay record labels two to three times their gross revenue, writes Kurt Hason publisher of RAIN the Radio and Internet Newsletter

In October 1998, Congress passed the 'Digital Millennium Copyright Act (DMCA)' 'which, among other things, granted record companies the right to collect royalties when their copyrighted works were played via digital media (including Internet radio and satellite radio).' This is a departure from traditional radio stations which pay approximately 3 percent of their revenues to music composers - not record labels. The logic behind the shift in royalty payouts was that the digital broadcasts would be of such quality that they would diminish CD sales.

When the DMCA passed, record companies asked for 15 percent of revenues whereas webcasters argued for 3 percent. Since the two groups couldn't come to terms, the U.S. Copyright Office, in 2001, 'established a 'Copyright Arbitration Royalty Panel (CARP)' -- a panel of three arbitrators to resolve the issue.' This particular CARP held six months of hearings last year and came up with a royalty rate of 14 cents per song per listener. So, a station that has 1000 listeners would have to pay $21 per each hour they broadcast music. Plus, the decision would be retroactive to the 1998 decision. Which would mean that the 1000-listener station would owe $525,600 which would have to be paid in full within 45 days of the decision. Currently the only stations that could handle such a fee are the huge ones that are already supported by advertising. And the amount is way more than the original demands of the record industry.

So what is one to do? Write your elected representatives, get informed and write the Copyright Office at the Library of Congress. See the links below, and spread the word.
--Sara V. Buckwitz

• READ MORE

• SaveInternetRadio: background information and resources here.
• Arbitron speaks out against the CARP rate: Read article here.
• RAIN web site by Kurt Hason.
• Povradio's background on the issue here.
• Read the full CARP decision:

  TAKE ACTION

• Contact your Representative and your Senator.
• Download this letter and send it to your elected Congressional leaders.
• Click here for other letters to send to your elected representatives.
• Send an email to the Librarian of Congress.
• Contact your local and national media
• Support Live365's Grass Roots effort in building a 'Congressional Outreach' database.

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