House Judiciary subcommittee copyright reform hearing to focus on "Copyright Principles Project" paper

Thursday, May 16, 2013 - 11:25am

The Courts, Intellectual Property and the Internet Subcommittee of the House Judiciary will hold its first hearing on comprehensive copyright review this afternoon. It's to be the first in a series of hearings "to determine whether the copyright laws are still working in the digital age to reward creativity and innovation," says Judiciary chairman Bob Goodlatte (R-VA).

In March (RAIN coverage here) Register of Copyrights for the U.S. Copyright Office Maria Pallante went public with her intention to push Congress for copyright reform, focusing mostly on the Digital Millennium Copyright Act. Late last month Goodlatte (RAIN coverage here) promised a comprehensive review of U.S. copyright law by his committee.

Today's hearing is called "A Case Study for Consensus Building: The Copyright Principles Project." It will focus on a whitepaper from a group called the Copyright Principles Project (which is online here).

The CPP document, according to TechDirt (here), "looked at 25 possible areas for reform," and "was put together by a wide variety of folks from different backgrounds."

Not enough different backgrounds, according to an editorial in Politico here. Musician David Lowery criticizes that, "There are no creators involved in the Copyright Principles Project at all! The Internet has democratized creativity, but this group of Big Tech and Big Media companies and the lawyers and academics who love them is about as undemocratic a 'consensus' as any artist could imagine."

Goodlatte said, "The Committee is not endorsing the specific recommendations of the Copyright Principles Project. However, it is my hope that this hearing will help demonstrate how interested parties can come together to discuss copyright issues in a productive way."

Goodlatte, Judiciary Ranking Member John Conyers (D-MI), subcommittee Chairman Howard Coble (R-NC), and subcommittee Ranking Member Mel Watt (D-NC) have released statements in advance the hearing here.

Recording Academy head hails end of 112th Congress as Fairness Act defeat

Thursday, January 3, 2013 - 12:45pm

Recording Academy president and CEO Neil Portnow sent the following e-mail to members today the conclusion of the 112th U.S. Congress, to which the Internet Radio Fairness Act was introduced. It should be easier to read here (and you can click on his links).

We've extensively covered the IRFA here. You can also see our coverage (and link to written witness testimony) of the House Judiciary Subcommittee that met on this matter in November (to which Portnow refers) here and here.

Could AM/FM's royalty exemption doom webcasting's hope for relief?

Thursday, November 29, 2012 - 12:40pm

It was clear that many members of the House Judiciary subcommittee weren't interested in hearing about Internet radio's problems during yesterday's hearing (see our coverage here).

[SomaFM's Rusty Hodge has posted audio of the meeting online here. We should also point out that Tom Taylor has excellent and extensive coverage of the hearing in his Tom Taylor Now newsletter here, as does Inside Radio here.]

The meeting was to discuss the Internet Radio Fairness Act legislation intended to bring relief to an industry whose most successful representative remains unprofitable and paying more than 50% of its revenue in music rights. But music industry witnesses and their allies on the subcommittee deftly turned the spotlight elsewhere: the fact that broadcast radio does not have to pay royalties for sound recordings it plays on the air.

The maneuver perhaps revealed just how difficult it will be for IRFA-backers to gain any ground while the "radio royalty" issue remains unresolved in the eyes of the record industry.

In recapping yesterday's House Judiciary subcommittee hearing on the Internet Radio Fairness Act, ArsTechnica concluded:

"Overall, to say Pandora's battle appears to be an uphill one would be a serious understatement. Its main ally is the terrestrial radio industry, which has become a 'bad guy' to many in Congress. And the list of opponents is growing to include not just the entertainment industry but also unions and interest groups, both liberal and conservative... the AFL-CIO, the NAACP, Americans for Tax Reform, and the American Conservative Union all opposed the bill...

"In the meantime, the Internet radio industry—which essentially consists of just one large player—will continue to be a losing bet."

Read Ars Technica's recap (also the source of the boom box photo) here.

AM/FM royalty exemption as prominent a topic as IRFA in today's hearing

Wednesday, November 28, 2012 - 11:25am

A House of Representatives Judiciary subcommittee today held a hearing on issues involving the use of copyright sound recordings and the compensation paid to copyright owners and recording artists by various radio platforms. While the focus of the hearing was the recently-introduced Internet Radio Fairness Act -- which concerns royalties webcasters pay -- subcommittee members and some witnesses spent at least as much time talking about broadcast radio's long-time exemption from paying royalties on sound recordings.

(The written testimony of the six hearing witnesses (see today's early story) is available on the Judiciary Committee's website here (the witnesses' names link to pdf files). Follow-up questions from subcommittee members and discussion followed the witnesses' testimonials.)

The Internet Radio Fairness Act (IRFA), among other measures, would require Copyright Royalty Judges, when determining royalties for web radio, to use the same legal standard (known as 801(b)) they use for satellite radio and cable radio royalties. Under current law, CRB judges are instructed to try to set royalties at a "fair market value," using a legal standard known as "willing buyer willing seller."

Many committee members, most notably Rep. John Conyers (D-MI) and Rep. Howard Berman (D-CA), seemed unwilling to consider the terms of the IRFA while broadcasters enjoyed an exemption from paying labels and performers for music. Witnesses Michael Huppe (SoundExchange president) and renowned producer  Jimmy Jam themselves willingly encouraged this line of discussion.

Conyers hoped the discussion would be a "catalyst for formulating" an AM/FM obligation. The outgoing Berman went as far as calling testimony from Hubbard Radio President/CEO Bruce Reese (who also represented the National Association of Broadcasters) "disingenuous" -- for asking for "fairness" for webcast royalties yet not acknowledging an "obligation" to pay labels and performers for over-the-air play.

Venrock investment partner David Pakman (pictured above) testified to the difficult economic climate for standalone webcasters. "We've resisted investing" in digital music "solely because of the state of music licensing," he said, calling it "perilous" and "overburdensome." He said his firm is "skeptical of the profitability of a standalone digital music service," being unable to point to a single profitable standalone Internet radio service. This point returned later, when Rep. Jason Chaffetz (R-UT, who introduced the bill in the House) somewhat heatedly challenged witness Huppe to try to name another successful webcaster.

In regards to IRFA, witness Dr. Jeffrey Eisenach (an economist and principal of Navigant Economics, pictured left) attacked the 801(b) standard as "harmful" to the public since it doens't "maximize the resources" of the marketplace. He testified that 801(b)'s objective to minimize disruption "guarantees webcasters a profit," and that he could find no valid basis in his research for forcing content creators to "subsidize digital music." His solution for Pandora's profitability is simply "to sell more ads."

Pakman, however, challenged the "open market" ideal of the "willing buyer willing seller" standard, in that "we don't have a market." He described the reality of three major record labels as "concentrated" sellers, while Pandora exists largely as one standalone buyer. "Rightsholders should encourage healthy competitive market -- which demands an ecosystem of hundreds or even thousands of licensees."

Joseph Kennedy, Pandora CEO, was pressed -- by both Rep. Sensenbrenner (R-WI) and Rep. Jerrold Nadler (D-NY, who is drafting legislation in opposition to the IRFA, called the Interim FIRST Act) -- as to why Congress has been repeatedly called by webcasters to settle the royalty issue, when it should be handled by the marketplace. Kennedy stressed his company's willingness to live with the deals it willingly entered for past and current rate terms. "But there's unfinished business here," he added. In regards to the upcoming rate-setting for the next term, Kennedy said, "the process is still broken."

House subcommittee to hold hearing on Net radio royalties

Monday, October 29, 2012 - 1:20pm

Inside Radio is reporting the House Judiciary Subcommittee on Intellectual Property, Competition, and the Internet will gather for a hearing on how Internet radio royalties are determined (there's no date or witness list yet).

Reforming the process for setting Internet radio royalties is at the heart of the Internet Radio Fairness Act (see RAIN here), recently introduced to both houses of Congress. The IRFA would require copyright judges to use the same "801(b)" standard in setting the royalty rates for Internet radio it uses for other forms of digital radio, like cable and satellite.

The House bill, H.R.6480, is co-sponsored by subcommittee members Jason Chaffetz (R-UT), Darrell Issa (R-CA), and Zoe Lofgren (D-CA). The subcommittee is chaired by Virginia Republican Bob Goodlatte.

Last week (in RAIN here) the Internet Radio Fairness Coalition, a group of interested webcasters, broadcasters, and technology groups, launched to support passage of the bill.

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