The Copyright Royalty Board announced
Tuesday that it will significantly increase the royalties paid to musicians and
record labels for streaming digital songs online. The fees are retroactive to
2006, and the more people a radio station reaches online, the more it pays. The
least an online radio station will pay is $500 a year, but stations and networks
that have lots of "channels" could pay much more.
The
Los Angeles Times reports:
An estimated 72 million listeners each month tune in to Internet
music programming from hobbyists, traditional radio broadcasters and Web companies
such as Yahoo Inc., AccuRadio.com and Pandora.com, seeing them as an
alternative to broadcast radio.
The board ruled that the current rate of 0.08 of a cent each time
a song is played would more than double by 2010. For music sites run by
tax-exempt nonprofit organizations, the board set a flat $500 annual fee per
radio channel for a certain number of listening hours per month. [...]
"Unless we can find an alternative to paying the published
rates, there's no feasible way we can continue," said Bill Goldsmith, who
operates an online rock-music station called Radio Paradise in Paradise, Calif.
He estimated that he would owe $650,000 in royalties under the new fee
structure in 2007 -- 25 percent more than he expected to pull in this year from
listener donations.
KCRW general manager Ruth Seymour called the ruling draconian. She
said the station, one of the largest National Public Radio affiliates in Southern California, could owe more than $350,000 for
2006 and 2007.
The Radio and
Internet Newsletter calculates that the costs of this decision would make Internet
radio unprofitable:
Because a typical Internet radio station plays about 16 songs an
hour, that's a royalty obligation in 2006 of about 1.28 cents per
listener-hour.
In 2006, a well-run Internet
radio station might have been able to sell two radio spots an hour at a $3 net
CPM (cost-per-thousand), which would add up to .6 cents per listener-hour.
Even adding in ancillary revenues from occasional video gateway
ads, banner ads on the Web site, and so forth, total revenues per listener-hour
would only be in the 1.0 to 1.2 cents per listener-hour range.
That math suggests that the royalty rate decision --
for the performance alone, not even including composers' royalties! -- is in the [...] ballpark of 100 percent or more of total revenues.
The Times provides this background:
All broadcasters have to pay royalties to composers and
publishers, but traditional radio broadcasters -- arguing that airtime is free
promotion -- have long been exempted from paying royalties to artists and record
labels whose songs they play on the air. Laws passed in the 1990s governing
digital recordings, however, required Internet and satellite radio operators to
pay those so-called performance fees.
Faced with increased royalty
fees, Internet broadcasters in 2002 persuaded Congress to create an exemption
that allowed small online radio operators to negotiate a lower fee based on a
set 10 percent to 12 percent of their revenue, not on how many songs they broadcast. That
guaranteed that Internet broadcasters would not have to pay more in fees than
they collected in revenue.
In 2004, Congress created the Copyright Royalty Board, a
three-judge panel under the auspices of the Library of Congress, to deal with
such issues. Because that board established the new higher performance fees,
lawmakers may be reluctant to step in this time.
The board's top judge said its guidelines allow it to consider
only economic factors -- not issues such as educational opportunities at college
radio stations and the increased diversity of music that Internet stations may
provide.
Restricting Photos at High School Tournaments
The
Rural Blog is tracking the story of how school athletic associations have been trying
to stop anybody but the contracted event photographer from selling
photographs online of state playoff games or wrestling tournaments.
Some states have required journalists and freelancers to
sign agreements that they will not sell photographs online in order to get
credentials.
Some media companies, such as The (Louisville, Ky.,) Courier-Journal and the Lexington
Herald-Leader, told the Kentucky High School Athletic Association to take a flying
leap and still got their credentials.
The Rural Blog
reports:
High-school
athletic associations, which represent mainly public schools but in most if not
all cases are not public agencies themselves, are increasingly adopting the
policy as newspapers find a new market for sports photos on the Internet. The
policy has been adopted in Iowa, Minnesota, Wisconsin, Michigan and Ohio,
according to the Bulletin of the Iowa Newspaper Association.
Milwaukee-based
Visual Image Photography is a contractor for the Iowa High School Athletic Association and
the Wisconsin Interscholastic Athletic Association. VIP President Tom Hayes
told Don Walker of the Milwaukee Journal
Sentinel, "If anybody is at a game and can post pictures and sell
them, that would hurt our sales and therefore hurt our revenue source."
See the story from
New Orleans where after the newspaper raised a stink, the athletic
association reversed its restrictions.
Al's Morning Multimedia
The Fayetteville Observer
in North Carolina took on the problem of traffic speeding by clocking and mapping thousands of
drivers. The paper produced interactive maps to show readers the roads with
the most speeders. The site includes video interviews and mapped
fatalities in the area.
Losing Your Reputation
Online
Maybe you have never heard of the Web site AutoAdmit, but if you were a law student,
you might well have.
AutoAdmit is a social-networking
site where law students kibitz about everything you would expect, including
each other.
It may be harmless until potential employers go searching
for background on applicants and find damaging chat about the applicant.
That is what The
Washington Post found in a couple of cases involving top-flight
students who now believe they were zinged by online scuttlebutt.
The threat of getting slimed online
is large enough that there are Web sites like ReputationDefender, which promises:
First, we SEARCH. We scour the Internet to dig up every possible
piece of information about you and present it in an interactive monthly report.
You can view this report by e-mail or by logging into our site. This information
is detailed in straightforward categories, including:
- Professional review Web sites
- Photograph, video, and
audio sharing sites (Flickr, YouTube, etc.)
- Millions of additional
sites on the "open Internet."
Then, for about
$186 a year, the site promises to "destroy" or alter the online information
about you that you don't approve of. Included in this promise are "online news
sources." It is hard to see how they could make a promise to alter news content.
We are always looking for your great ideas. Send Al a few sentences and hot links.
Editor's
Note: Al's Morning Meeting is a compendium of ideas, edited story
excerpts and other materials from a variety of Web sites, as well as
original concepts and analysis. When the information comes directly
from another source, it will be attributed and a link will be provided
whenever possible. The column is fact-checked, but depends upon the
accuracy and integrity of the original sources cited. Errors and
inaccuracies found will be corrected.