However, I hasten to add that I am not a lawyer, nor an expert on all aspects of the DMCA, nor should my impressions substitute for legal counsel, which I hope you've been consulting.
I will add that this rate structure does make it less feasible for newspapers to start a streaming music component to their web sites, such as the now defunct partnerships with Everclear that some newspapers struck a few years ago. It's hardly a level playing field when radio can broadcast music over the airwaves without paying performance fees, but newspapers must pay those fees to establisha competing service online. Shall we erect a similar barrier for radio stations that want to post classifieds on the web?