Bill would potentially raise satellite, cable and AM/FM streaming royalty rates

Posted by

Issue Date: 
Aug 21 2012 - 1:00pm

From Issue:

Rep. Jarrold NadlerA new draft bill from U.S. Representative Jerrold Nadler (D-NY; pictured) aims to raise AM/FM streaming royalty rates, in effect implementing an over-the-air performance royalty. It would also potentially raise royalty rates for satellite and cable radio to the same levels as those for Internet radio.

Nadler's bill, dubbed the Interim FIRST Act and currently in "discussion draft" form, would "put cable and satellite radio services on the same royalty-setting standard as Internet radio," reports The Hill. That would mean switching cable and sallelite from the 801(b) standard, to the "willing buyer/willing seller" model currently used to determine web radio royalty rates.

Additionally, the Interim FIRST Act would "make traditional radio stations pay a higher fee for live-streaming their broadcast online." Nadler intends for this extra free to "make up for broadcasters not paying a fee when they play artists' songs over the air," writes The Hill.

Quote from Rep. NadlerThat extra fee would wind up being what the Copyright Royalty Board decides "most clearly represents the royalty that would have been negotiated in the marketplace between a willing buyer and a willing seller for the public performance of sound recordings by means of over-the-air non-subscription broadcast transmissions by affiliated terrestrial broadcast radio stations," reads Nadler's draft bill (Section 3).

Technically, it's not royalty on over-the-air radio. But it amounts to paying a royalty for over-the-air (plus the streaming royalty) if a station also chooses to stream.

An over-the-air performance royalty appears to be the overall goal here. Comments from the musicFIRST Coalition seem to explain the Interim FIRST Act's name: "The only real solution is for Congress to create a legal performance right, but raising terrestrial radio’s digital royalties is an important interim step towards that goal." Said Nadler in a statement: "The lack of a performance royalty for terrestrial radio airplay is a significant inequity and grossly unfair. We can’t start a race to the bottom when it comes to royalty rates and compensation for artists."

As for changing the standard for satellite and radio platforms from 801(b) to "willing buyer/willing seller," how much of a difference will that really make? While we'd have to wait for a determination from the Copyright Royalty Board to definitively answer that question, consider this: satellite radio operator SiriusXM pays around 8% of its revenues for the right to use copyright sound recordings in its broadcasts, based on a determination using the 801(b) standard. Pandora, on the other hand, says nearly 70% of its total revenue (based on its Q1 FY 2013) will go to royalty payments (and that's based on on a deal Pandora struck that actually decreased its obligation from the CRB decision -- a decision based on "willing buyer/willing seller").

In July, we reported on (here) separate in-progress legislation from Rep. Jason Chaffetz (R-UT). That bill also aimed to bring more equality to radio royalty rates, but did so by potentially lowering web radio rates by determing streaming rates using the 801(b) standard.

Nadler says Chaffetz's bill -- which has Pandora's support -- could potentially "hurt performing artists." Not surprisingly, the musicFIRST Coalition has voiced support for the draft bill while the NAB opposes it.

You can find the discussion draft version of Nadler's bill here (PDF). The Hill has more coverage here.

Comments

Poe Dameron Star Wars Jacket

Bill to make streaming copyrighted content on the internet a felony: This would potentially impact everything from YouTube to Wikileaks. BUT fortunately.

payday loans carson

I must say I take pleasure in studying every one of the articles will be published on your own website. You can examine, the information is fantastic, and also you’re an educated article writer as opposed to a lot of the sites. Today just click here payday loans carson Thank you for your submit.

gmail sign in

Such a very useful article. Very interesting to read this article.I would like to thank you

for the efforts you had made for writing this awesome article.

Discover our website bounty of free online games now!
Our website has the biggest collection of free online games. Totally new games are added

every day!
unblocked games
mills eagles
kids games
action games
flash games
stickman games

unblocked games

Such a very useful article. Very interesting to read this article.I would like to thank you

for the efforts you had made for writing this awesome article.

Discover our website bounty of free online games now!
Our website has the biggest collection of free online games. Totally new games are added

every day!
unblocked games
mills eagles
kids games
action games
flash games
stickman games

guideline is so delight,

guideline is so delight, Ebullient starts here. newamericanjackets

Remarkable!

it's really kind act when you publish such as amazing article to others,

Desert.com

WOW http://about.me/novafashi

Wholesale galaxy leggings

Wholesale Galaxy Leggings,Cheap Galaxy Printed Leggings,Fast Shipping Worldwide.You Can Buy Various High Quality Wholesale Galaxy Leggings Products from China.
galaxy leggings
Wholesale galaxy leggings
cheap galaxy leggings

animal onesies

Shop 2013 hot original Japanese Kigurumi animal onesies, Kigurumi animal pyjamas for men,women and baby are here to fit your coplay or costume.
animal onesies
totoro onesie
pikachu onesie

Flapper Costumes

Wholesale Cheap Sexy Lingerie, Halloween Costumes, Clubwear And Corsets Manufacturers From China Suppliers.Wholesale Cheap Sexy Lingerie
walson lingerie
Corsets China Manufacturers

"The only real remedy is for

"The only real remedy is for The legislature to make a legal performance right, but increasing terrestrial radio’s electronic royalties is an important interim step towards that objective. Monster Legends hack

Go to allow the abortion or

Go to allow the abortion or cancellations of a lifestyle, then officially they have breached a primary right eligible to that lifestyle. ask fm hack

This is really interesting,

This is really interesting, You’re a very skilled blogger. I have joined your rss feed and look forward to seeking more of your fantastic post. Also, I have shared your web site in my social networks! Water Coolers Dealer

excellent. one of the best

excellent. one of the best articles I have every read. Sea Horizon Ecopolitan Executive Condo Tembusu Tembusu Condo Vue 8 inflora condo inflora keep it up !

This is such a great resource

This is such a great resource that you are providing and you give it away for free. Cheap Website Traffic I enjoy seeing websites that understand the value of providing a prime resource for free. I truly loved reading your post.http://www.electus-auto.com
http://www.evansvilleinautorepair.com
http://www.jmauto2.com
http://www.jmauto3.com
http://www.luxuryautosforless.com
http://www.modern-auto-parts.com
http://www.newhavenctautorepair.com
http://www.passportautomotive.com
http://www.renaissanceautomobile.com
http://www.sauterautomation.com

If their dreams from another

If their dreams from another miracle guide, they had to modify the miracle guide.. more information

We cannot start a competition

We cannot start a competition to the end when it comes to royals prices and settlement for artists. green laser

If you child love dairy, they

If you child love dairy, they have a out of this world chance to become adults it’s healthy and help a excellent cause simultaneously. Indirekte Beleuchtung

In fact your creative writing

In fact your creative writing abilities has inspired me to start my own BlogEngine blog now. Really the blogging is spreading its wings rapidly. Hallmark ornaments at The Ornament Shop

The linking colour of the

The linking colour of the city would be green and this greening of the cityscape can be created in a myriad of ways. Imagine The Square...... Thanks for this spark of awesomeness. KimK

The lack of a performance

The lack of a performance royalty for terrestrial radio airplay is a significant inequity and grossly unfair. We can’t start a race to the bottom when it comes to royalty rates and compensation for artists."

Vardenafil Tablets

For example, check out the

For example, check out the book-keeping, which are recorded inspections and New Audi RS5 Coupe repairs that have been done to the vehicle. Pay attention to the mileage. A petrol model should not have traveled more than 20,000 miles new bmw uk a year, and one 30,000 diesel. Also check log data and check documents like registration certificate, which contains the owner's identity.

The rates are definitely

The rates are definitely getting way out of control already. Too many people re making too much money here. Unsure what the purpose of this bill. skin care blog

satellite internet

Thank you very much for publishing this kind of article. This site is nice and amazing. I love your post! I like your article very much. I am waiting for another post. I want share my website details to you please give me some information to increase like your website. My website is: http:// www.yourlocalinstaller.com.

The content of this field is kept private and will not be shown publicly.
  • Web page addresses and e-mail addresses turn into links automatically.
  • Allowed HTML tags: <a> <em> <strong> <cite> <code> <ul> <ol> <li> <dl> <dt> <dd>
  • Lines and paragraphs break automatically.

More information about formatting options

By submitting this form, you accept the Mollom privacy policy.