the recording industry strikes again!
How many of you have/had/thinking of adding a streaming media server. I did for a while and thought it was pretty cool.
But now thanks to our friends in gov. (copyright office) all that is baout to changed.
SUMMARY: The Copyright Office of the Library of Congress is issuing a
notice of proposed rulemaking on the requirements for giving copyright
owners reasonable notice of the use of their works for sound recordings
under statutory license and for how records of such use shall be kept
and made available to copyright owners. The Digital Performance Right
in Sound Recordings Act of 1995 and the Digital Millennium Copyright
Act enacted in 1998 require the Office to adopt these regulations.
http://www.loc.gov/copyright/fedreg/2002/67fr5761.html
This is what the recording industry considers ‘reasonable notice’:
A) The name of the service
B) The channel of the program (AM/FM stations use station ID)
C) The type of program (archived/looped/live)
D) Date of transmission
E) Time of transmission
F) Time zone of origination of transmission
G) Numeric designation of the place of the sound recording within the program
H) Duration of transmission (to nearest second)
I) Sound recording title
J) The ISRC code of the recording
K) The release year of the album per copyright notice and in the case of compilation albums, the release year of the album and copyright date of the track
L) Featured recording artist
M) Retail album title
N) The recording label
O) The UPC code of the retail album
P) The catalog number
Q) The copyright owner information
R) The musical genre of the channel or program (station format)
As if this weren’t enough, each broadcaster must make a report of everone who listens:
1) The name of the service or entity
2) The channel or program
3) The date and time that the user logged in (the user's timezone)
4) The date and time that the user logged out (the user's timezone)
5) The time zone where the signal was received (user)
6) Unique user identifier
7) The country in which the user received the transmissions
And now for the bad news. A rate schedule has been set up by which to levy fees on everyone broadcasting ‘their material’.
This ‘reasonable’ schedule charges someone that only uses the internet to play their music, twice that of those that use both the internet and AM/FM radio.
Now catch this, these fees are for EACH PERSON THAT LISTENS TO THE MUSIC:
Type of DMCA - Compliant Service Performance Fee (per performance) Ephemeral License Fee
1. Webcaster:
(a) Simultaneous Internet retransmissions of over-the-air AM or FM radio broadcasts. 0.07 ¢ 9% of Performance Fees Due
(b) All other Internet transmissions. 0.14¢ 9% of Performance Fees Due
2. Commercial broadcaster:
(a) Simultaneous Internet retransmissions of over-the-air AM or FM radio broadcasts. 0.07 ¢ 9% of Performance Fees Due
(b) All other Internet transmissions. 0.14¢ 9% of Performance Fees Due
3. Non-CPB, Non-Commercial Broadcaster:
(a) Simultaneous Internet retransmissions of over-the-air AM or FM broadcasts. 0.02 ¢ 9% of Performance Fees Due
(b) Other Internet transmissions, including up to two side channels of programming consistent with the public broadcasting mission of the station. 0.05¢ 9% of Performance Fees Due
(c) Transmissions on any other side channels. 0.14¢
4. Business Establishment Service:
For digital broadcast transmissions of sound recordings pursuant to 17 U.S.C. § 114(d)(1)(C)(iv) Statutorily Exempt 10% of Gross Proceeds
Get more on the story here:
http://www.kurthanson.com/index.asp
