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Old 04-17-2007, 02:28 PM
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MrMagoo MrMagoo is offline
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Re: Take action! against recent copyright ruling

Non-profit has nothing to do with it. RIAA wants more money, and has already paid Congress for it.

That being said, I've just read & digested (with Rolaids) the actual CRB rates findings at:
http://www.loc.gov/crb/proceedings/2...erms2005-1.pdf

Warning: nasty legal shit quoted/summarized:

Quote:
In summary, first, we determine that the minimum fee applicable to Noncommercial Webcasters is an annual non-refundable, but recoupable* $500 minimum per channel** or station payable in advance. <snip> Second, the following rates apply to Noncommercial Webcasters***: (1) an annual per station or per channel rate of $500 for stations or channels will constitute full payment for digital audio transmissions totaling not more than 159,140 ATH**** per month and (2) if in any month a Noncommercial Webcaster makes digital audio transmissions in excess of 159,140 ATH per month, then the Noncommercial Webcaster will pay additional usage fees for digital audio transmissions of sound recordings in excess of the cap as follows: a per play rate of $.0008 for 2006, a per play rate of $.0011 for 2007, a per play rate of $.0014 for 2008, a per play rate of $.0018 for 2009 and a per play rate of $.0019 for 2010.

Quote:
* In effect, payment of the $500 minimum administrative fee by Noncommercial Webcasters whose monthly ATH is below the cap will satisfy the full royalty obligations of such webcasters because it fully encompasses the per station usage fee. <snip> Therefore, as a practical matter, recoupment does not come into play for such webcasters.

** This $500 minimum fee is applicable to each individual station and each individual channel, including each individual "side channel" maintained by broadcasters. "Side channels" are channels on the website of a broadcaster that transmit eligible transmissions that are not simultaneously transmitted over-the-air by the broadcaster.

*** Noncommercial Webcasters include such licensees who are eligible nonsubscription transmission services or new subscription services, irrespective of whether they transmit music in large part or in small part.

**** Aggregate Tuning Hours or ATH refers to the total hours of programming transmitted to all listeners during the relevant time period. <snip> The number of ATH in a month could be calculated by multiplying the average number of simultaneous listeners by the average potential listening hours in a month or 730 (i.e., 365 days in a year multiplied by 24 hours in a day then divided by 12 months).
The "average number of simultaneous listeners" comes out to 218/day, so AM may be marginal, or safe... for now.
Notes:
- I couldn't find out how AVSL is calculated, it may be in the original 2002 act, or one of the predecessor acts.
- the ATH bumber is being challenged, since essentially CRB pulled it out of their ass, but that won't matter in the short term.

Now back to your regularly scheduled headache...
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Last edited by MrMagoo : 04-17-2007 at 02:52 PM.
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