Save Internet Radio

“Broadcast.com was awesome, yahoo ruined it. Several homegrown and larger attempts have sprouted, like shoutcast.com. Don't let it be killed or ruined by excessive royalties before we know how great it can be.

Save Internet Radio”

“KPFT, Houston Tx

KRCW, Santa Monica

Shoutcast.com”

“on KPFT.com”

“997wtn.com
Follow the links to the weekend programming-you might see a TT'er and listen too.”

“Here we go again:



The US Copyright Office has released their new set of rates for the payment of royalties by Internet Radio -- royalty rates so high that they threaten to put RP [Radio Paradise] and every other US-based indie webcaster out of business. With your help, we will not allow this to happen!

Radio Paradise with What you can do


Save Our Internet Radio
Don’t let the RIAA silence your favorite Internet radio station!”

“Thanks for the heads-up!”

“I suspect that this is a case of the RIAA knowing who to bribe and with how much. I'm sure the RIAA has calculated their future profits. Fewer radio.com programs at higher charges will roll them in more cash, and less administrative and accounting work will provide even more profit. The RIAA's position has always been and continues to be: Get the cash and the Public be damned!”

“Save Net Radio-Act Now!

About the Issue

On March 2, 2007 the Copyright Royalty Board (CRB), which oversees sound recording royalties paid by Internet radio services, increased Internet radio's royalty burden between 300 and 1200 percent and thereby jeopardized the industry’s future.

At the request of the Recording Industry Association of America, the CRB ignored the fact that Internet radio royalties were already double what satellite radio pays, and multiplied the royalties even further. The 2005 royalty rate was 7/100 of a penny per song streamed; the 2010 rate will be 19/100 of a penny per song streamed. And for small webcasters that were able to calculate royalties as a percentage of revenue in 2005 – that option was quashed by the CRB, so small webcasters’ royalties will grow exponentially!

Before this ruling was handed down, the vast majority of webcasters were barely making ends meet as Internet radio advertising revenue is just beginning to develop. Without a doubt most Internet radio services will go bankrupt and cease webcasting if this royalty rate is not reversed by the Congress, and webcasters’ demise will mean a great loss of creative and diverse radio. Surviving webcasters will need sweetheart licenses that major record labels will be only too happy to offer, so long as the webcaster permits the major label to control the programming and playlist. Is that the Internet radio you care to hear?

As you know, the wonderful diversity of Internet radio is enjoyed by tens of millions of Americans and provides promotional and royalty opportunities to independent labels and artists that are not available to them on broadcast radio. What you may not know is that in just the last year Internet radio listening jumped dramatically, from 45 million listeners per month to 72 million listeners each month. Internet radio is already popular and it is already benefiting thousands of artists who are finding new fans online every day.

Action must be taken to stop this faulty ruling from destroying the future of Internet radio that so many millions of listeners depend on each day. Instead of relying on lawyers filing appeals in the CRB and the courts, the SaveNetRadio Coalition has been formed to represent every webcaster, every Net Radio listener, and every artist who enjoys and benefits from this medium. Please join our fight for the preservation of Internet radio.”

“Back to the top!”

“There's been much talk within www.homegrownradionj.com about this. We are all rather concerned about our future there. We've all worked very hard to build this entity into a good, cohesive sounding entity. It would be a shame to see it shot to hell by the greed within the industry. Please help support this effort in any way possible. I could go into a very long post as to my position on this, but I will try to keep this more as a plea for help than anything else. Please! Write to your congressman/woman, or whatever power-that-be you feel can make a difference and keep alternative radio going. Thanks!”

“I signed the petition and urged both of my Senators and my US Representative to look into this. What a load. I listen to Pandora almost daily, and it's helped me discover a ton of new artists that I wouldn't have heard otherwise. Hearing these artists on Pandora prompted me to go BUY their music, so by jacking up royalties and probably forcing them out of business, these bozos are shooting themselves in the foot.”

“I've already written to my conrgesstrolls... long-hand.

The next step is to breathe fire on them if they come into range.


TB --- Did you get that email I sent with the "bumper stickers" on it? It went to the work addr.”

“Tilt, I wrote a response to you. You didn't get it?

Those were pretty cool! Did you get 'em yet?

I haven't made those disks for you. My computer at home crashed this week. Then, we got the eight inches of water in the basement. So, I've been a bit pre-occupied. Won't forget you...”

“Bumping this up to make a plea for anyone interested to help out by writing to their congressman/woman about the recent decision in favor of excessive hikes in royalty payments from small internet radio stations like the one I work for:

www.homegrownradionj.com

Please help out by dropping a quick note as this may drive many of us out of business.

Here are a few links to read up on. Thanks!
http://arstechnica.com/news.ars/post/20070305-internet-radio-may-face-crippling-fees.should-xm-radio-and-sirius-be-alarmed.html

http://www.live365.com/stations/miamind?site=pro”

“My Congresswoman's response:

Thank you for contacting my office regarding the recent rate hikes by the Copyright Royalty Board (CRB). It is an honor to represent the people of Eastern Washington and I appreciate you taking the time to share your thoughts with me.



As you know, on March 2, 2007 the CRB raised the royalties owed by both FCC-licensed broadcast stations that simulcast over the Internet and stand-alone Internet stations that stream music. This rate increase will apply from 2006 through 2010. The decision means a change in the way royalties are determined. They will now no longer be based on a percentage of revenue, but instead on a "per performance". This will mean rates will go up significantly over the next few years.



Because of the negative impact these fees will have on internet radio, National Public Radio officials have filed a petition for the CRB to reconsider their ruling. If they will not, many groups have pledged to take whatever legal action necessary to change the decision.



Because the CRB was created by Congress, and because of the detrimental effects this ruling is having on consumers and broadcasters, I will closely monitor this situation and look for appropriate ways to voice your concerns. Thank you for bringing this issue to my attention.



I invite you to visit my website at www.mcmorrisrodgers.house.gov for additional information or to sign up to be kept up to date on these issues. Please do not hesitate to contact my office if I can be of further assistance.





Best Wishes,


Cathy McMorris Rodgers

Member of Congress ”

“Good work, Path. Now, here's hoping there's some sincerity behind that.

Hey, at least it wasn't a form letter...”

“They must have all decided to write at the same time!

Dear kleet:

Thank you for writing me about the recent Copyright Royalty Board's decision to raise music royalty rates. I believe these increases will be a significant burden on Internet based music sources and that the retroactive nature of th is decision could be seen as excessive. Consumers and art is ts benefit from Internet radio which offers diverse musical material by artists who do not receive commercial radio airplay.

Unfortunately, these new royalty rates are so high that most small Internet radio stations and noncommercial webcasters do not have the resources to pay them and thus will be forced out of business. At the same time, art is ts and copyright holders will receive neither exposure nor royalties from these failing stations. In the past, I have supported legislation that required the Copyright Arbitration Royalty Panel to establish fair rates and terms, and I will continue to support solutions that help Internet radio stations stay on the air.

I appreciate hearing from you on th is is sue, and hope you will continue to share your views with me.


Sincerely,

Jim McDermott
Member of Congress”

“Action Alert

CALL YOUR CONGRESSPERSON NOW TO ASK THEM TO CO-SPONSOR THE INTERNET RADIO EQUALITY ACT,
INTRODUCED BY REPRESENTATIVES JAY INSLEE (D-WA) AND DONALD MANZULLO (R-IL)

There is a bill just introduced in Congress that will save Internet radio from the devastating royalty fee increases that will put thousands of Internet webcasters out of business on May 15th. Please call your Representative in Congress as soon as possible and urge them to co-sponsor the Internet Radio Equality Act, introduced by Representatives Jay Inslee (D-WA) and Donald Manzullo (R-IL), and save Internet radio.




Email from Pandora....

Hi, Tim again,

First, I wanted to thank you again for the support last week. It was absolutely overwhelming. More than 200,000 Pandora listeners contacted their congressional representatives! The entire fax infrastructure on Capitol Hill ground to a halt. We had to deliver faxes manually - literally boxes full of them were delivered to every office in the Capitol building.

The result has been swift and dramatic: more than a million people have already joined the cause! There is now a bill just being introduced called the "Internet Radio Equality Act" to fix the problem and save Internet radio -and Pandora- from obliteration.

I'd like to ask you to do one more thing which is to call and ask your Congressperson to co-sponsor the Internet Radio Equality Act.


This fight for our life is not over, but there has been a marked shift in momentum. Thanks to your efforts, this vital channel for musical diversity has a hope of finally being treated fairly and being allowed to grow and nurture a newly empowered class of independent musicians.

Your opinion matters to your representatives - so please take just a minute to call.

Visit www.savenetradio.org to continue following the fight to Save Internet Radio.

Thanks again for being such a wonderful supporter.




-Tim Westergren
(Pandora founder)”

“I have just 2 words to say.

F$^k THE RIAA!!!!!!!

8|”

“Superb, Path! Thanks for posting that.

I'm going to put something below that may also work for you. It's a few links and also includes the letter I wrote to my rep, Vito Fossella (who has not surprisingly ignored it thus far). There are two links that explain the issue. One more that gives you your representatives name and a template to post in (feel free to cut and paste any appropriate parts of my letter). The last is my letter to Fossella himself.

Thanks for the help...


http://featuresblogs.chicagotribune.com/technology_internetcritic/2007/03/web_radio_reels.html

http://www.latimes.com/business/la-fi-radio7mar07,0,5862535.story?coll=la-home-headlines


We provide a service to the musicains and the record companies. What we are getting in return is a direct slap in the face, and the corporate entities are, as usual, getting a pass. In an effort to make this easy for you, I am providing a link directly below that takes you right to a quick and easy search page to point you in the direction of your representative and also gives you a template for a memo.

http://www.house.gov/writerep/

I am also providing a copy of what I wrote to congressman Vito Fossella. You have my permission to directly copy my words and send them along to your congress-person, should you so desire.

I'm writing to you with hope that you will see fit to take seriously the issue concerning a recent ruling that the copyright board had passed in favor of large corporate radio stations. Please understand the enormity of this misguided legislation.

For all intents and purposes, this legislation will quickly commit small independent internet radio stations to extinction. The royalty rates to be assessed only to the small independents and not the large corporate stations who can afford these rates seems nothing short of unjust. Where is the fairness in this legislation?

I have a part-time job with a small internet outlet known as www.homegrownradionj.com. For the past two and a half years, my co-workers and I have put extreme amounts of effort into turning this entity into a professional sounding alternative to terrestrial radio stations. We feature music that would otherwise not receive airplay, given the restrictions placed on the music played on other stations. Therefore, we are, in turn, providing a service to the musicians and record companies. You would think that we would receive some respect for that, in kind. Instead, this legislation imposes a financial burden that, simply put, may just force us out of business, thereby negating everything we worked for.

I hope you can see how disheartening this is for us. We, in turn, need to send a plea to our congressional leaders for help in fighting this obvious slap in the face and perhaps, persuade the powers-that-be that they may just be shooting themselves in the foot by passing this regulation. Your voice and vote to oppose this inequity dooming small internet radio is urgently needed.

I thank you in advance for your consideration in this matter and hope that you see fit to find time to address our cause.

Sincerely,



Thanks, people! Your help is greatly appreciated!

Stu”

“Go get 'em, Treebeard!

C'mon, folks....please take some action. Read above, it's easy. Don't let the little guy get squarshed once again.”

“to Co-sponsor and/or support: `Internet Radio Equality Act'

HR 2060

The legal gobblety goop....


110th CONGRESS

1st Session

H. R. 2060
To nullify the March 2, 2007, determination of the Copyright Royalty Judges with respect to webcasting, to modify the basis for making such a determination, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

April 26, 2007
Mr. INSLEE introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


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


A BILL
To nullify the March 2, 2007, determination of the Copyright Royalty Judges with respect to webcasting, to modify the basis for making such a determination, and for other purposes.


Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Internet Radio Equality Act'.

SEC. 2. NULLIFICATION OF DECISION OF COPYRIGHT ROYALTY JUDGES.

The March 2, 2007, Determination of Rates and Terms of the United States Copyright Royalty Judges regarding rates and terms for the digital performance of sound recordings and ephemeral recordings, including that determination as modified by the April 17, 2007, Order Denying Motions for Rehearing and any subsequent modification to that determination by the Copyright Royalty Judges that is published in the Federal Register, is not effective, and shall be deemed never to have been effective.

SEC. 3. COMPUTATION OF ROYALTY FEES FOR COMMERCIAL INTERNET RADIO SERVICES OFFERING DIGITAL PERFORMANCES OF SOUND RECORDINGS.

(a) Standard for Determining Rates and Terms- Section 114(f)(2)(B) of title 17, United States Code, is amended by striking `Such rates and terms shall distinguish' and all that follows through the end of clause (ii) and inserting the following: `The Copyright Royalty Judges shall establish rates and terms in accordance with the objectives set forth in section 801(b)(1). Such rates and terms may include a minimum annual royalty of not more than $500 for each provider of services that are subject to such rates and terms, which shall be the only minimum royalty fee and shall be assessed only once annually to that provider.'.

(b) Transition Rule- Except for services covered by section 118 of title 17, United States Code, each provider of digital audio transmissions that otherwise would have been subject to the rates and terms of the determination of the Copyright Royalty Judges made ineffective by section 2 of this Act shall instead pay royalties for each year of the 5-year period beginning on January 1, 2006, at one of the following rates, as selected by the provider for that year:

(1) 0.33 cents per hour of sound recordings transmitted to a single listener.

(2) 7.5 percent of the revenues received by the provider during that year that are directly related to the provider's digital transmissions of sound recordings.

SEC. 4. COMPUTATION OF ROYALTY FEES FOR NONCOMMERCIAL STATIONS OFFERING DIGITAL PERFORMANCES OF SOUND RECORDINGS.

(a) Amendments to Section 118 of Title 17, United States Code- Section 118 of title 17, United States Code, is amended--

(1) in subsection (b), in the matter preceding paragraph (1), by striking `and published pictorial' and inserting `, sound recordings, and published pictorial';

(2) in subsection (c)--

(A) in the matter preceding paragraph (1), by striking `and published pictorial' and inserting `, sound recordings, and published pictorial'; and

(B) in paragraph (1), by inserting `or nonprofit institution or organization' after `broadcast station'; and

(3) in subsection (f), by striking `paragraph (2)' and inserting `paragraph (1) or (2)'.

(b) Transition Rule- For each calendar year (or portion thereof) beginning after December 31, 2004, until an applicable voluntary license agreement is filed with the Copyright Royalty Judges pursuant to section 118 of title 17, United States Code (as amended by subsection (a) of this section) or an applicable determination is issued by the Copyright Royalty Judges pursuant to section 118 of such title (as so amended), the annual royalty that a public broadcasting entity shall pay to owners of copyrights in sound recordings for the uses provided under section 118(c) of such title (as so amended) shall be an amount equal to the 1.5 times the total fees paid by that entity (or in the case of a group of related entities, the fees paid by such group) pursuant to section 114(f)(2) of title 17, United States Code, for such uses during the calendar year ending December 31, 2004.

SEC. 5. REPORT BY THE NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION.

Upon the publication in the Federal Register under section 803(b)(1) of title 17, United States Code, of the commencement of proceedings of the Copyright Royalty Judges under section 114(f) or 118 of title 17, United States Code, to determine rates and terms for Internet radio service providers under the statutory license provided under section 114(d)(2) or 118 (as the case may be), the Assistant Secretary of Commerce for Communications and Information, after consulting with representatives of copyright owners, nonprofit educational institutions, and commercial and noncommercial Internet radio providers, shall submit to the Copyright Royalty Judges a report on the competitiveness of the Internet radio marketplace and the effect on Internet radio providers of proposed rate determinations in the proceedings. The Assistant Secretary shall submit the report to the Copyright Royalty Judges in a timely manner before the conclusion of the proceedings.

SEC. 6. REPORT BY THE FEDERAL COMMUNICATIONS COMMISSION.

Upon the publication in the Federal Register under section 803(b)(1) of title 17, United States Code, of the commencement of proceedings of the Copyright Royalty Judges under section 114(f) or 118 of title 17, United States Code, to determine rates and terms for Internet radio service providers under the statutory license provided under section 114(d)(2) or 118 (as the case may be), the Federal Communications Commission shall submit to the Copyright Royalty Judges a report on the effect of proposed rate determinations in the proceedings on localism, diversity, and competition in the Internet radio marketplace. The report shall include the Commission's views on the effects of the proposed rate determinations on--

(1) localism, diversity, and competition in rural areas;

(2) diversity of programming, including foreign language programming; and

(3) competitive barriers to entry into the Internet radio market.

The Commission shall submit the report to the Copyright Royalty Judges in a timely manner before the conclusion of the proceedings.

SEC. 7. REPORT BY CORPORATION FOR PUBLIC BROADCASTING.

Upon the publication in the Federal Register under section 803(b)(1) of title 17, United States Code, of the commencement of proceedings of the Copyright Royalty Judges under section 114(f) or 118 of title 17, United States Code, to determine rates and terms for Internet radio service providers under the statutory license provided under section 114(d)(2) or 118 (as the case may be), Corporation for Public Broadcasting, in consultation with public radio licensees or permittees, or their designated representatives, shall submit to the Congress a report on the effect of the proposed rate determinations on such licensees and permittees. The Corporation shall submit the report to the Copyright Royalty Judges in a timely manner before the conclusion of the proceedings.END”

“http://www.msnbc.msn.com/id/18384667/site/newsweek/


also, still haven't heard from my congressman, Vito Fossella. Thanks, ya big jagoff!! Nice to know you're on the case!!!”

“New Net radio fee collections delayed
http://news.com.com/8301-10784_3-9714931-7.html”

“The SaveNetRadio Coalition

69 days 9 hours 21 minutes 13 seconds
left to July 15, 2007 the Day the Music Dies”

“As Congress continues its work on technology issues, I wanted to update you on recent developments regarding the radio royalty rate hikes by the Copyright Royalty Board (CRB).


I continue to remain concerned over these rate hikes for radio stations broadcasting over the internet. Internet radio providers should not be charged for each channel they carry. This amounts to fee increase that could bankrupt many stations just when great strides are being made in internet radio. As a valuable method of delivering news and entertainment to millions across the country, including many in Eastern Washington, I recognize the importance of protecting this service.

For this reason, I have cosponsored the Internet Radio Equality Act. This legislation would nullify the March 2, 2007, determination of the Copyright Royalty Judges with respect to web casting fee increases.


As you know, on March 2, 2007 the CRB raised the royalties owed by both FCC-licensed broadcast stations that simulcast over the Internet and stand-alone Internet stations that stream music. This rate increase will apply from 2006 through 2010. The decision entirely changes the way royalties are determined, meaning they will no longer be based on a percentage of revenue, but instead on a "per performance" scale. This will significantly increase rates over the next several years.


As a cosponsor of the Internet Radio Equality Act, I will continue to fight against the rate increase and hope that internet radio continues to move forward. If further action is taken on the royalty rate, I will be sure to keep you updated.


I invite you to visit my website at www.mcmorrisrodgers.house.gov for additional information or to sign up to receive my monthly e-newsletter. Please do not hesitate to contact my office if I can be of further assistance.

Best Wishes,


Cathy McMorris Rodgers

Member of Congress”

“More from Pandora

Hi, it's Tim again,

I wanted to thank you again for your extraordinary support in the fight to save Internet radio and Pandora. Thanks to the overwhelming number of calls you made, letters you faxed, and emails you sent, the Internet Radio Equality Act is fast gaining momentum in the House of Representatives (74 sponsors and growing). It's nothing short of remarkable for this to happen in such a brief period of time - almost unprecedented.

Last Friday a Senate version of the bill was introduced by Senators Ron Wyden (D-OR) and Sam Brownback (R-KS): www.savenetradio.org/071510-wyden.pdf. This is a promising development, but we need your help again. I know we're asking a lot, but the stakes couldn't be higher and the fight is not over.

Please call the offices of your Senators and ask them to co-sponsor the Internet Radio Equality Act, S. 1353.

Senator Patty Murray: (202) 224-2621
Senator Maria Cantwell: (202) 224-3441

Visit www.savenetradio.org to keep up on our fight to save Internet radio. There are some powerful testimonials there from musicians who have found their audience through Internet radio.

We are deeply moved by your support. Thank you.




-Tim Westergren
(Pandora founder)

”

“My Rep is one of the co-sponsors.”

“Net Radio Wins Partial Reprieve as Royalties Loom
Eliot Van Buskirk 07.13.07 | 2:00 AM

While limited in scope, Thursday's proposal offers a partial reprieve for smaller sites facing the axe Sunday when a payment scheme approved by the Copyright Royalty Board, or CRB, is set to take effect. Webcasters have said the fees would effectively force many services that personalize individual channels for listeners to close shop by the end of the weekend.

Wired”

“Webcasting royalty payments for Jan. 1, 2006, to July 1, 2007, due under the new scheme would total $.000762 times the number of songs played per listener, plus a $6,000 per-channel-per-year payment. The charges would instantly crush webcasters that offer personalized streams for each listener -- a common feature on existing net radio services such as Pandora.

So the retroactive payments are still due on Monday.... or they will begin to acrue interest??

FUBAR.”

“At least they are holding off the excessive charging while something reasonable gets worked out. That also gives time for the Internet Radio Equality Act, hopefully.

http://www.savenetradio.org/”