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RAIN 10/5: SoundEx wants double in 2011 what they're getting under current pureplay settlement

Posted on: 10/05/2009

WEBCASTERS WHO AGREED NOT TO ARGUE FOR 2011-2015 COULD BE HAUNTED BY PRECEDENT IN 2016

SoundExchange is proposing webcasters pay double the royalties in 2011-2015 most now pay under negotiated settlements. SoundExchange submitted the proposed rates to the Copyright Royalty Board (CRB) last week (find SoundExchange’s announcement here). The proposed rates start at $0.0021 per performance in 2011 and grow to $0.0029 by 2015.

Large pureplay webcasters will pay $0.00102 per performance in 2011 up to $0.00140 in 2015 (or 25% of revenues, whichever is greater) thanks to their settlement with SoundExchange. The CRB rates for 2006 to 2010 end at $0.0019 per performance.

Most webcasters will not be affected by the CRB’s royalty rates for 2011-2015. SoundExchange entered into a number of settlements with various groups of webcasters this year — including the NAB (here), public radio (here) and more (full listing here) — many of which cover royalties from 2006 through 2015. Many of these agreements also stipulate that included webcasters stay out of rate determinations for 2011-2015. This may leave few voices to represent webcasters in the rate proceedings.

However, in regards to the SoundExchange proposed rates, industry attorney Gary Greenstein (pictured right) points out, “If SoundExchange’s rate proposal is adopted by the CRB, those rates will become precedential evidence for the next CRB proceeding. And once those rates are precedential… [SoundExchange could] seek to have all webcasters pay ‘fair market value’ royalty rates, which SoundExchange might argue should increase $0.0002 per year during the period 2016-2020.

“Those webcasting services who have settled through 2015 should still pay careful attention to what goes on within the CRB hearings,” Greenstein continues. “Even if they can’t do anything about those rates, their future likely depends upon the outcome of a litigation in which they have no voice.”

MORE SPEAKERS ANNOUNCED FOR DIGITAL MUSIC FORUM WEST

Digital Media Wire has released an up-to-date listing of speakers and presentations for the Digital Music Forum West, scheduled for October 7-8 at the Hollywood Roosevelt Hotel in Los Angeles. Pandora’s Tim Westergren, Live365’s general manager Johnie Floater, industry attorney and partner with Davis Wright Tremaine LLP David Oxenford, Slacker’s SVP of Strategic Development Jim Rondinelli, Little Radio’s Dave Conway and RAIN founder and AccuRadio CEO Kurt Hanson are among the many speakers at the event. Many of the above-mentioned will appear in “The Future of Internet Radio” panel, which takes place on October 8 at 9am. More information can be found here.

MORE EXITS AT GOOM RADIO

Last week it was announced that Goom Radio CEO Rob Williams was stepping down (RAIN coverage here). Now it seems the company’s Chief Sales Officer Drew Hilles and Marketing Director Hayeon Kim are leaving as well. Radio Ink reports (here) that Williams, Hilles and Kim said they are resigning “for a variety of reasons.” Goom Radio raised $16 million in a first round of funding earlier this year (RAIN coverage here).

REVO WI-FI RADIO STREAMS LAST.FM, DOCKS iPOD, COATED IN RUBBER

Revo’s latest UK DAB/Wi-Fi radio, the DOMINO D3, includes support for Last.fm radio streams alongside thousands of Internet radio stations. The radio sports an iPod dock (opening the door to any Internet radio stream you can download an app for on your iPhone or iPod Touch) and covers it all in a white rubber coating which, according to SlashGear (here), makes the DOMINO D3 “fetishistically touchable.” It comes out in November and runs for £149.95 ($239).



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