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Post Info TOPIC: Webcaster Royalty Rates Announced - PLEASE READ!


2011 Super Bowl Champions!

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Webcaster Royalty Rates Announced - PLEASE READ!


This is the most clear & concise article I've found on the recent decision regarding royalty rates and webcasters like us. 

Put simply, by 2010, if we were to be broadcasting to 1,000 listeners (not even a huge audience compared to some internet broadcasters) we would have to pay $1.90 for EVERY SONG WE PLAY!


That would amount to $775.00 a day!  Of course, if we reach a more modest goal of 100 listeners that would be $77.50 a day.  Still FAR more than a non-commercial station can possibly afford.

I think the message from the ever greedy recording industry is pretty clear.  They do not want small internet broadcasters providing wide content.  They want to maintain the old school style of braodcasting where only corporations can broadcast and playlists remain limited to only a select few artists.

Doesn't seem like that's in the best interests of the artists, but then I doubt that's ever truly their top concern.  It's just the cause they like to hide behind when pushing crap like this through.

I should point out however they do make a VERY GENEROUS exception for non-commercial braodcasters.  If you broadcast to 18 or fewer listeners on average you can pay only $500.00 a year.  Anything over that and you pay the regular fee's.

In other words, if we're willing to spend all our money buying the music, paying for webhosting, streaming and equipment to broadcast, and PROMISE not to try and recoup any of that cost, they'll give us a deal and only charge us $500 a year.

SO BIG of them, don't you think? 


BY DANIEL MCSWAIN
The Copyright Royalty Board (CRB) has announced its decision on Internet radio royalty rates, rejecting all of the arguments made by Webcasters and instead adopting the "per play" rate proposal put forth by SoundExchange(a digital music fee collection body created by the RIAA).

RAIN has learned the rates that the Board has decided on, effective retroactively through the beginning of 2006. They are as follows:

2006
$.0008 per performance
2007
$.0011 per performance
2008
$.0014 per performance
2009
$.0018 per performance
2010
$.0019 per performance

A "performance" is defined as the streaming of one song to one listener; thus a station that has an average audience of 500 listeners racks up 500 "performances" for each song it plays.

The minimum fee is $500 per channel per year.  There is no clear definition of what a 'channel' is for services that make up individualized playlists for listeners. 

For noncommercial webcasters, the fee will be $500 per channel, for up to 159,140 ATH (aggregate tuning hours) per month.  They would pay the commercial rate for all transmissions above that number.

Participants are granted a 15 day period wherein they have the opportunity to ask the CRB for a re-hearing.

Within 60 days of the final determination, the decision is supposed to be published in the Federal Register, along with any technical corrections that the Board may wish to make.

Within 30 days of publication in the Federal Register, it can be appealed (but only by the participants) to the U.S. Court of Appeals of the District of Columbia.



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Cleverly Disguised As A Responsible Adult

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Ouch. American greed punches the little guy in the gut.

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2011 Super Bowl Champions!

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You know what's most frustrating.

You see this with all the old traditional businesses.  Televised News Media, Print media, and expecially the recording industry.  This insane desire to stop progress to protect the old distribution models.

When digital downloading first came out the Music Industy spent three years running in circles, trying to stop it.  When they finally decided to get involved they tried charging $3.99 a download!

What a joke!  At the time you could buy a cassette single or CD single for $1.99 or $2.99, and they wanted to charge MORE for the digital download!  Nevermind they provided NO ARTWORK (or incurred any of the costs of producing said artwork), they provided NO ACTUAL PHYSICAL PRODUCT and they had next to NO DISTRIBUTION COSTS!  They wanted to take the opportunity to rape the public and fatten their wallets even more than they already had.

While they were d*cking around with that BS Napster took off and wound up creating them a world of problems.  Problems that could have been avoiding by teaming  up with a Napster like service and offering REASONABLY priced downloads.

This is the same thing.  This is them clinging to the old format they had better control over.  It's going to cost them big time in the long run.  But they're too stupid to see it.  AGAIN!


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2011 Super Bowl Champions!

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Oh, by the way, next up on the agena is iTunes.

The RIAA is hellbent on getting the price per song up over .99 particularly for established artists.

They think they're leaving too much money on the table right now.

Cutting their own throats I tell ya.

Surf Myspace.  Artists are happier selling 50,000 CD's at $7 profit per disc than going through the hassles of a label and selling 500,000 CD's for .50 cents a disc.

The big time music industry companies will be in shambles ten years from now.  Mark my words.  I bet in the next five years your going to see a lot of mergers and a lot of bankruptcies.

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Yes, it will cost them. There's always foreign markets with looser legal controls/enforcement that will find a way to take advantage of such things. And the internet makes them accessible. What is nice to see is that while all this goes on, there's a formidable counter-force to remove some of the restrictions on music sharing via internet. Google's been behind it for some time and making progress, using it as part of their future vision for free internet. Very clever plan they have in motion...free high speed internet to the public of they view a certain number of ads per time interval. The system would self-sustain through profits from advertising. Who'd pass up free high speed for such a mild inconvenience? Few people, I think, without some kind of perk resulting from their internet access investment.

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2011 Super Bowl Champions!

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There's also still a very faint glimmer of hope with the whole royalty situation too.

There are groups trying to convince the labels to do a percentage of profit charge, and they still hope that despite this decision the labels may be willing to go that route (using the current new standard as leverage).

So we'll see.

I was just reading that these rates only apply to the performance aspect.  They still have to address the PUBLISHERS end of it all!

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A big mess if you ask me. Let's hope they make a favorable decision and not give in to greed.

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It looks to me like if things keep going in this direction, the "unsigned" independent artists who still have control of their own content will be the best off. They will be able to sell (or give away) their music however they want.

Now if only there was a service available to help independent artists handle their cd copying, internet sales, and distribution . . .





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80's Rock Chick

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WebGuy wrote:


It looks to me like if things keep going in this direction, the "unsigned" independent artists who still have control of their own content will be the best off. They will be able to sell (or give away) their music however they want.

Now if only there was a service available to help independent artists handle their cd copying, internet sales, and distribution . . .






 



Absolutely. That's why Hanson got themselves off their record label, and started their own. I think they're showing the way to go. The big corporate labels will be things of the past. With the Internet, fans can be connected to their bands, and buy CDs directly from them.

Excerpt from article:

Authenticity…Through the Lens of Music
By: Mike Karam
ate: 9/28/2004
With a credible reputation among the industry’s most talented artists, Hanson has what it takes to lead this industry back from the detached ledge in which it has settled. In order to maintain their creative vision, Isaac, Taylor, and Zac decided to part ways with their former label Island Def Jam in 2003, and create their own independent label, 3CG Records. Indie-minded from the beginning, 3CG enables Hanson to stay true to themselves; they can create the music they wish to create, deliver it through whichever platform they wish to deliver, and cultivate their sincere relationship with their devoted fans. This progressive mentality yet again illustrates how these guys are true pioneers of rock.



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"Tell me, does it move you, Does it soothe you, Does it fill your heart and soul with the roots of rock & roll?
When you can't get through it you can listen to it with a 'na na na na', Well I've been there before"
-"Been There Before" by Hanson


2011 Super Bowl Champions!

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WebGuy wrote:


It looks to me like if things keep going in this direction, the "unsigned" independent artists who still have control of their own content will be the best off. They will be able to sell (or give away) their music however they want.

Now if only there was a service available to help independent artists handle their cd copying, internet sales, and distribution . . .






Hmmm...

If only...



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Grand Poobah

    



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Has Live365 taken an official stance or made any sort of announcement on this? I can't imagine they'd simply be run off like a wounded dog...

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2011 Super Bowl Champions!

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They have not JD, but this is HOT off the presses.  I imagine they'll be bringing it up in their next monthly newsletter.

I read an article yesterday that specifically discussed Live365 and the very real possibility this will be the end for them.  The article said they couldn't possibly have imagined royalty costs increasing 200% in such a short time when they set their pricing structure up.

More than likely if this actually isn't stopped at some level we'll be done within the next 12 months.

The only way Live365 could stay alive is by catering to the PRO broadcasters that actually manage to bring in enough revenue to cover increased costs.  But guys like us are definately squeezed out.

I mean, think about it.  If we averaged 100 listeners, which is a VERY modest goal, we'd be paying about $90 a day to broadcast.  Meaning we'd have to probably sell about $125 a day in advertising just to break even.  Now how much do you think an advertiser is going to be willing to pay to hit only 100 listeners?  MAYBE $2 a day.  It just doesn't work with small and midlevel broadcasters.

This sucks.  I can't beleive they're being so stupid again.

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Grand Poobah

    



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crap. hey I've got an idea for me and you- we'll discuss when I get to the studio tonight..

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2011 Super Bowl Champions!

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Does it involve a coupla hot girls, a plastic swimming pool full of jello and you having to work resulting in me being left alone with the girls?!??!!?! 

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Grand Poobah

    



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unfortunately for you, eh, noooooooo



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2011 Super Bowl Champions!

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Snippets from the Live365 forum...

---------------------------------------

I'll have to get a lowdown with the legal folks once I'm back from
vacation. Don't panic just yet, this is something that biz folks have
been looking at for a while..

however, the decision is quite disappointing, but believe it or not,
RIAA's orginal target was thirty percent.
_________________
Live365 Systems Administrator

-----------------------------------------

More info (and some very alarming calculations!) on this site that has been setup to try and get the word out about and fight these changes:

http://www.save-internet-radio.com/2007/03/02/save-internet-radio/

A station with 1000 continuous listeners would owe over $150,000 in royalties for 2007, and almost $250,000 by 2009. Plus the new rates are effective retroactively to the beginning of 2006!

------------------------------------------



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Grand Poobah

    



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F$&#ers.

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The Good Witch Of The South

    



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JD The Jazz Doctor wrote:

F$&#ers.


 Ruby gives you permission to cuss and no soap!



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80's Rock Chick

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IMPORTANT - EVERYONE PLEASE CHECK OUT:  
savenetradio.org





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"Tell me, does it move you, Does it soothe you, Does it fill your heart and soul with the roots of rock & roll?
When you can't get through it you can listen to it with a 'na na na na', Well I've been there before"
-"Been There Before" by Hanson


2011 Super Bowl Champions!

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We'll be knocking people over the head the next few weeks with PSA's from that organization Lady Strange.

I hope everyone will not mind too much, but we're gonna blanket our airwaves to get the word out, running a PSA every 40 minutes or so

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Anyone here good at letter writing?  We could write a letter that listeners just have to print off, sign, and send.

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The Good Witch Of The South

    



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There is one on their website MZ.

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The Good Witch Of The South

    



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Lady Strange wrote:

IMPORTANT - EVERYONE PLEASE CHECK OUT:
savenetradio.org






 Thanks LS!



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80's Rock Chick

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MzHartz wrote:
Anyone here good at letter writing?  We could write a letter that listeners just have to print off, sign, and send.

That would be awesome!  Maybe change a little bit of wording here or there to make it slightly more personal.  Since we're all busy, this would probably motivate more people to join in.  I love this idea!


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"Tell me, does it move you, Does it soothe you, Does it fill your heart and soul with the roots of rock & roll?
When you can't get through it you can listen to it with a 'na na na na', Well I've been there before"
-"Been There Before" by Hanson


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Ruby wrote:

There is one on their website MZ.


 Where at?  I must be looking right past it...



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The Good Witch Of The South

    



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It was there when I voted:


Re: Do you think this legislation should remain as is? (Score: 1)
by walts on Monday, March 05 @ 13:10:36 CST
(User Info | Send a Message)
Here"s what I sent:

Sent to:
- New York's 3rd district Representative Peter T. King;
- Senator Hillary Rodham Clinton, and;
- Senator Charles E. Schumer

Help Keep Internet Radio Online

March 5, 2007

Dear Senator Schumer:

On March 2, 2007 the Copyright Royalty Board announced new royalty rates for all Internet Radio stations, with the new rates retroactive to January of 2006. These new rates are significantly higher than expected and are many times over what is being paid now. In fact, if they remain unchanged, many or perhaps most online radio stations will have to cease operations after having had to declare bankruptcy due to the retroactive-to-2006 aspects of these new rates.

Internet Radio is treated differently than Terrestrial (broadcast) Radio. While both Internet and Terrestrial Radio pay royalties to BMI, SESAC and ASCAP, when it comes to record labels and artists, Terrestrial Radio pays no royalties -- none at all. It is only Internet Radio stations that must pay royalties to Sound Exchange at a rate is set by the US Copyright Board.

In 2002, Congress passed the “Small Webcaster Settlement Act,” that forced Sound Exchange to offer to small Webcasters a rate based on a percentage of revenue.

Last year, a new round of hearings was held by the Copyright Royalty Board to determine new rates for the 2006-2010 periods. The hearings lasted several months. Then, three judges retired to deliberate and render a decision, which decision was announced on Friday, March 2, 2007. The surprise in their decision was the elimination of the “Small Webcaster Settlement Act.” This meant all small Webcasters could no longer make Sound Exchange payments based on a percentage of their revenues.

The new rates essentially levy a fee of $0.0011 per performance per listener in 2007, escalating to $0.0019 in 2010. Since each hour, the average radio station plays 16 songs, that's about $0.0176 per hour, per listener in 2007. An Internet Radio Station with a 500 listener average would now be required to pay $211 per day, $6,336 a month or $76,000 for the 2007 year!

This amount of money is beyond the resources of the small independent Internet Radio Stations, many of which are run by enthusiasts and hobbyists. These small stations are the ones bringing new music and old favorites to us every day, with their playlist fine-tuned to their listeners’ choices by their listeners themselves. Music like this can not easily be found on the corporate-owned mega stations, Internet or Terrestrial.

As royalty rates were 8% of gross revenues, a $76,000 fee under the new rates equates to gross annual revenues of $950,000 under the old rates. Yet the “gross annual revenues” enjoyed by a station with 500 listeners on average, are more in the $15,000 range; most of which are derived from listener donations with the station run on a “break-even” basis.

To expect these stations to increase their donations five-fold to cover this additional cost in 2007 is folly. To expect them to also “find” over $50,000 to pay the retroactive 2006 fee is more than a little unreasonable.

The Copyright Royalty Board must have known this.

Without your help to repeal this unfair Internet-Radio-only “tax,” re-instate the more equitable Small Webcaster Settlement Act, or perhaps even to extend the “Act” to also include Terrestrial Radio stations, March 2, 2007 will be added to February 3, 1959 as yet another... “day the music died.”

Very truly yours,
Name
Address
Phone Email

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I'm planning on sending letters to the appropriate people.

It looks like the other Live365 broadcasters are really getting themselves riled up and ready to go too.

Even some of the bigger stations that have 500,000 listener hours a month are talking about how this is the end for them if it happens. Can you imagine their monthly bill under the new plans?

You know, what the RIAA doesn't seem to care about is that the broadcasters are mostly doing this at their own expense. With as few listeners as we have I bet I spend several thousand dollars a year to broadcast once equipment, hosting, streaming & royalties are factored in. This says nothing of all the music we buy.

We're not doing this to get rich. We're essentially providing a free advertising vehicle for artists of ALL sizes at our own expense.

Why would you want to squash that?

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Riggs, I was wondering...Has Live 365 or its broadcasters considered using an online petition for its listening audiences? Are they perhaps seeking a little PR coverage on it? I was curious what they might be doing to rally troupes and let the opposition be heard. I know it isn't always effectual, but I would think they'd be considering something to demonstrate the opposing voice with a little more verve.

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I don't normally like the MoveOn.org people, but they have got things done for their causes in the past, so I sent them an email about this as well.

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Grand Poobah

    



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I'm gonna go ahead and sticky this for awhile, if thats ok with you Riggs. When I think of this, the little station that could, and all the great friends we've made here on the forum that we would not have made other-wise, this ruling makes me sad. ****ing Clear Channel and their ****-feed to the masses win.

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