Enjoy great online radio at AccuRadio




DC appeals court sets schedule for briefs in royalties case
·Nov 20, 04:10 PM
Posted by: Kurt Hanson

From David Oxenford’s Broadcast Law Blog: “The U.S. Court of Appeals for the District of Columbia has set the briefing dates on the appeal filed by various webcasting groups [see RAIN coverage here] seeking review of the decision of the Copyright Royalty Board setting Internet radio royalties for the period 2006-2010 for the use of sound recordings [RAIN coverage here].

“The briefs of the various webcasting groups who appealed are due on February 25. The brief for the CRB (represented by the Department of Justice) is due on April 25, and that of SoundExchange (the ‘Intervenor’) will be filed on May 15. Reply briefs are due on June 12, and oral arguments are yet to be scheduled.

“As the Court usually takes a summer break in July and August, the argument is likely to be held in the Fall of 2008, and a decision would likely not come until very late in the year or, more likely, in 2009.

“Appeals were filed by a number of groups including large webcasters… the small commercial webcasters (who I have represented), various noncommercial groups… and various commercial broadcasters who also stream…

*“Royalty Logic, *which is seeking to become a collective that is competitive with SoundExchange, also filed an appeal…

“Already, there has been a settlement announced on one narrow aspect of the case, the minimum fees for companies that stream multiple channels, limiting the per company minimum fee to $50,000. Obviously, if there are other settlements, these appeals could become unnecessary in whole or in part. See our summary of the remaining issues to be resolved here.”

Taken from David Oxenford’s blog entry here. David Oxenford is a Washington, DC-based partner at the firm Davis Wright Tremaine who represents Internet radio stations and other webcasters on music licensing and other regulatory and transactional issues.

RAIN ANALYSIS: Judicial appeal seems to be the least-likely solution to the Internet radio royalty crisis. Far more likely to be successful sooner are either (A) a series of negotiated settlements between SoundExchange and different classes of webcasters, or (B) in the event of those negotiations breaking down, passage of legislation like the Internet Radio Equality Act.

In the latter case, it is likely that Congress would simply set a royalty rate for Internet radio that matches satellite radio’s or cable radio’s rate. — KH



share:  del.icio.us.  post this at del.icio.us  Reddit  post this at Reddit  Digg  post this at Digg  Yahoo   post this at Yahoo! my web  Wink   post this at Wink  Windows   post this at Windows Live  Google  post this at Google Bookmarks  Newsvine  post this at Newsvine

Comment

Commenting is closed for this article.


Blogroll
AccuRadio is powered by...
Conference schedules
Sep. 12 SF Music Tech Summit: San Francisco, CA
Sep. 13 RAIN Summit Chicago @ NAB/RAB RadioShow: Chicago, IL
Sep. 14-16 NAB/RAB RadioShow: Chicago, IL
Sep. 24 IBS Radio/Webcast Conf.: Chicago, IL
Oct. 6-7 Digital Music Forum West: Los Angeles, CA
Oct. 13-14 Digital Content Summit/Music: New York, NY
Oct. 18-22 CMJ Music Marathon: New York, NY
Oct. 27-30 CBI Fall Convention: Orlando, FL
Nov. 5 IBS Radio/Webcast Conf.: Boston, MA
Nov. 19 IBS Radio/Webcast Conf.: New York, NY
Dec. 3 IBS Radio/Webcast Conf.: Los Angeles, CA