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Net Radio Is Dead: A Victim of Greed

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Correction
6/26/2002 5:22:41 AM
Posted By: Rick Brown


Correction to my earlier post: I meant Everstream partnered with newspapers to provide
online music, not Everclear, an alcoholic beverage akin to rocket fuel and the name of
the band which sang last year's Top 40 hit "A.M. Radio."


Response to Mark's question
6/26/2002 5:04:21 AM
Posted By: Rick Brown


Consult a digital copyright lawyer, but my layman's understanding is that this decision is relevant
to webcasters, that is, streaming audio stations, that want to obtain a "statutory" license to stream
music on the Internet in transmissions resembling radio broadcasting. If webcasters meet certain
conditions, such a license allows them to pay set fees for the songs they play, rather than negotiating
deals with individual record labels or artists. You're saying you've negotiated individual contracts with
each source of music; therefore, this decision doesn't seem directly related to your situation.

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 establish
a competing service online. Shall we erect a similar barrier for radio stations that want to post
classifieds on the web?



Question
6/24/2002 3:19:23 PM
Posted By: Mark Whittaker

Can somebody tell me what the Librarian of Congress decision means for our Web site's plans to post MP3s of local bands? We've drawn up contracts that would give us the right to post the songs, but does this decision add a new wrinkle?

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