Small Webcasters Applaud Congress on Royalty Bill
Category: News and Politics

Congress yesterday passed the "Webcaster Settlement Act of 2008", legislation which authorizes SoundExchange to continue good-faith negotiations with Webcasters for the remainder of this year in an attempt to reach a compromise regarding the latest round of digital sound recording royalties.

If a settlement is ultimately reached, the bill will codify the rates and terms for royalties applicable to sound recording copyright owners and recording artists retroactive to 2005 -- regardless of their affiliation with SoundExchange -- effectively providing a "blanket license" for the use of sound recordings within non-interactive broadcast transmissions over the Internet.

This is an extraordinary victory for our industry, and it brings us one step closer to ensuring the ultimate survival of Internet radio. The timing of this legislation is particularly fortuitous as Small Webcaster Community Initiative and its allies have recently begun pressuring SoundExchange to adopt a newly proposed "aggregator license" concept.

Currently, tens of thousands of small Webcasters rely on umbrella licensing services such as Live365, SWCast Network, and LoudCity for the disbursement of applicable license fees on their behalf -- significantly streamlining the collection and reporting process that SoundExchange would otherwise have to endure. These and other signatories to the proposed agreement maintain that a sensible aggregator royalty rate is necessary to guarantee the viability of this business model.

It is our hope that the recording industry will pursue these negotiations with at least the same vigor and enthusiasm that led to the landmark 2002 settlement.

Randall E. Krause
Executive Director
Small Webcaster Community Initiative

6:52 PM - 1 Comments - 2 Kudos - Add Comment

How the Sound Recording Performance Right Went Wrong
Category: News and Politics

The House Subcommittee on Courts, the Internet and Intellectual Property recently completed their review and markup of the Performance Rights Act of 2007 (H.R. 4789). It will now advance to the House Committee on the Judiciary.

Earlier this month the Department of Commerce submitted the following letter to Chairman Howard Berman generally endorsing H.R. 4789.

http://www.musicfirstcoalition.org/assets/news/HR4789views.pdf

Given the relative abundance of mixed messages concerning the legal implications of this legislation (for record labels and recording artists), SWCI submitted its comments in response to the DOC letter accordingly:

http://www.smallwebcaster.org/media/swci_comments06162008.doc

Thanks for your continued support. We will continue to keep you apprised
of any further developments on the legislative front.

Randall Krause
Executive Director
Small Webcaster Community Initiative

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Small Webcasters’ Response to "Performance Rights Act"
Category: News and Politics

On Wednesday, June 11, the House Subcommittee on Courts, the Internet, and Intellectual Property will hold a hearing on the "Performance Rights Act" (H.R. 4789).

This is an ideal opportunity to re-inject the issue of Internet radio royalties into the legislative agenda. Therefore, various SaveNetRadio members have prepared their own written statements for the record.

You can read the full text of SWCI's submission below in Word format:

http://www.smallwebcaster.org/media/swci_statement06102008.doc

We will continue to keep you apprised of any further developments on this front. In the meantime, please keep telling your listeners to write and/or call their lawmakers in support of the "Internet Radio Equality Act".

Randall Krause
Executive Director
Small Webcaster Community Initiative

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September 14 Deadline Approaches for SoundExchange Offer
Category: News and Politics

In cooperation with SaveNetRadio Coalition, we are continuing to urge all small commercial and non-commercial Webcasters to support the Internet Radio Equality Act (H.R. 2060 and S. 1353) and to decline any offers from SoundExchange.

We do not believe that it would be prudent for our organization to endorse these under-the-table agreements because we are seeking long-term solutions for our industry. And the shortcomings of the present compulsory license (i.e. the rate-setting standard) can only be addressed through an act of Congress -- not through ad-hoc proposals devised exclusively by SoundExchange.

In addition, direct deals with SoundExchange would arbitrarily limit the growth of small commercial Webcasters, as well as restrict the repertory of sound recordings available for digital public performance (i.e. only those of SoundExchange member record labels) which is counterintuitive of a "compulsory license."

On a side note, our organization will be lobbying on behalf of small Webcasters at the upcoming DC Bar program regarding royalty rates and the Copyright Royalty Board.

Randall Krause
Executive Director
Small Webcaster Community Initiative

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Online Radio Will Go Silent Without Your Help!
Category: News and Politics

Yesterday afternoon, the D.C. Circuit Court of Appeals denied all Webcasters' motions for stay of the 2006-2010 royalty rates and terms.

This means that with only a few days remaining before the July 15 deadline, we really need to turn the heat up in Congress. Otherwise, starting Monday morning you will see a rapid decline of streaming music services as Webcasters large and small go silent one by one.

Are you a loyal fan of Internet radio? If so, then we really need your assistance! Please telephone your Representative and Senators urging them to co-sponsor the Internet Radio Equality Act today. Even if they've already pledged their support for H.R. 2060 or S. 1353, pressure them to call for an immediate floor vote of this bill.

http://www.savenetradio.org/

Please understand, this is not the time to be complacent. Every single voice counts. However, we can only be heard if we speak up loud and clear to the people that matter. Our lawmakers must understand the importance that Internet radio plays in the lives of the American people -- and their constituents.

Randall Krause.
Executive Director
Small Webcaster Community Initiative

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Testimony Submitted to House Small Business Committee
Category: News and Politics

This Thursday at 10:00am, the Small Business Committee will be holding a hearing to review the Copyright Royalty Board decision, in particular its impact on recording artists and small commercial Webcasters.

Small Webcaster Community Initiative submitted written testimony to the Committee yesterday in support of the Internet Radio Equality Act (H.R. 2060). It is available below in Word format.

http://www.smallwebcaster.org/media/swci_testimony06262007.doc

As other House and Senate committee hearings are scheduled, we will follow through accordingly.

Thanks for your continued support,

Randall Krause
Executive Director
Small Webcaster Community Initiative

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Internet Radio ’Day of Silence’ Makes Comeback
Category: News and Politics

On Tuesday, June 26 thousands of Internet radio stations around the nation will go silent to protest the Copyright Royalty Board Decision of March 2, 2007.

http://www.kurthanson.com/dos/

We urge all small Webcasters to participate in this important campaign by suspending your regular music programming and instead airing the following public service announcements in combination with occasional periods of silence.

http://www.savenetradio.org/act_now/link_kit.html

Also, be sure to update your Websites to reflect the day's activities, including a prominent hyperlink to the SaveNetRadio homepage so that listeners are encouraged to contact their Representatives and Senators.

http://www.savenetradio.org/

Small Webcaster Community Initiative will be redesigning its MySpace profile in recognition of the Day of Silence. We intend to showcase the outstanding diversity in music programming offered by small Webcasters across services like Live365, LoudCity, and SWCast Network -- all of which will be forced to shutdown if these royalty rates and terms are not overturned prior to Monday, July 16.

http://www.smallwebcasters.org/

Thank you for your support,

Randall Krause
Executive Director
Small Webcaster Community Initiative

10:27 AM - 1 Comments - 2 Kudos - Add Comment

Webcasters’ Voices Resonate on Capitol Hill
Category: News and Politics

The May 1 "Capitol Hill Walk" was an astounding success! Altogether, SaveNetRadio Coalition participants visited over 100 Congressional offices -- including many last minute walk-ins -- and the response of our Representatives and Senators was extremely favourable.

Thanks to all of the broadcasters, labels, and artists who made the trek to Washington for this truly historic event.

In related news, the final determination of the Copyright Royalty Board was published in the Federal Register on Tuesday. This has an immediate two-fold significance for Webcasters:

1) May 15 "D-Day" Postponed
Retroactive royalty payments are not due until July 15, 2007.

2) May 8 "Day of Silence" On Hold
An official date for silencing of streams has yet to announced.

If you are looking for updated PSAs, banners, and other materials that reflect the change in timeline, please visit the SaveNetRadio site:

http://www.savenetradio.org/

Randall Krause
Executive Director
Small Webcaster Community Initiative

9:31 PM - 0 Comments - 0 Kudos - Add Comment

Capitol Hill Walk Is Next Week
Category: News and Politics

I will be attending the "Capitol Hill Walk" this Tuesday, May 1 as part of the SaveNetRadio Coalition. I am not sure how many of you will be participating in this historic event. But, I would look forward to meeting many of you in person and hearing your opinions about the royalty crisis.

Let's make some big waves in Washington next week. "It's time to rock the Hill."

Randall Krause
Executive Director
Small Webcaster Community Initiative

11:19 AM - 0 Comments - 0 Kudos - Add Comment

News Outlets Latch onto Radio Royalties Frenzy
Category: News and Politics

Our voices have finally been heard! The cause has been picked up by the mainstream press nationwide -- and even abroad. Here are some examples of the coverage we've received:

• Business Week - The Last Days of Internet Radio?
• BBC - Royalties Threaten Internet Radio
• Chicago Tribune - Web Radio Reels From Rate Ruling
• Forbes - Will Web Radio Get Turned Off?
• MSNBC - New Royalty Rate Has Webcasters Worried

Everybody has put forth an extraordinary amount of effort this past week to ensure the survival of independent online radio. Your generous albeit painstaking contributions will certainly not go unnoticed nor unrewarded. Thank you.

Randall Krause
Executive Director
Small Webcaster Community Initiative

6:20 PM - 4 Comments - 8 Kudos - Add Comment