July 13, 2007 - "NPR and CPB had a productive meeting today with SoundExchange. At the meeting, no agreement was reached on a substitute for the March 2 decision of the Copyright Royalty Board. CPB offered a payment to SoundExchange, that has been accepted, to cover what NPR and CPB believe is due July 15 as the base rate payment for stations beginning March 2, 2007. NPR and CPB are confident that public radio stations can continue their music streaming operations for the next three months as good faith discussions are ongoing about the structure and amount of the ultimate fee. At this time, public radio stations will continue music webcasting without limit to visitors to their webstreams or changes in their current operations."
WKSU and FolkAlley.com have been operating since January 2006 under an expired agreement. Beginning as early as 2004, NPR (acting on behalf of public radio webcasters) has made numerous unsuccessful attempts to renew or renegotiate an official royalty rate. Although WKSU plays fewer songs per hour than Folk Alley (because of news programming and longer classical works), the station is obligated to pay per stream and for future HD sidechannel broadcasts.
This decision affects not only WKSU and FolkAlley.com, but all webcasters from small to large, commercial and educational. The larger royalty payments will be added to streaming costs that, unlike terrestrial broadcast expenses, do not produce efficiencies of scale. It costs a radio station the same to broadcast to one listener or a thousand, but webcasters pay a per listener cost to reach audiences.
In April, U.S. Reps. Jay Inslee (D-WA) and Don Manzullo (R-IL) filed legislation in the U.S. Congress that would vacate the CRB's March 2 decision and create a system of royalty rate payment parity affecting Internet radio, as well as satellite radio, cable radio and jukeboxes. The Internet Radio Equality corrects the mistakes and deficiencies of the CRB decision. H.R. 2060 modernizes the Copyright Act to recognize public radio's public service mission. This is accomplished by putting royalties paid by public broadcasters to owners of copyrights in sound recordings under the same system and standards (Sec. 118 of the Copyright Act) as royalties paid by public broadcasters to owners of copyrights in musical works.
The Senate has now joined the battle with S. 1353 put forward by U.S. Senators Ron Wyden (D-OR) and Sam Brownback (R-KS). Both the House and Senate versions of the Internet Radio Equality Act will need to pass through several committees before going to the floor. To be successful in this legislative effort to save public radio webcasting, as many members of the House and Senate as possible need to support this legislation or it could die before moving to committee. While progress is being made and the list of supporters grows daily, time truly is of the essence.
Because of ongoing mail screening, many Congressional offices are suggesting that letters be faxed or that contact be made directly by phone. Additional details on the CRB and their initial decision, a link to locate Congressional contact information, websites for the lead Congressmen, a list of Representatives currently supporting the legislation and more are located below.
See a list of U.S. Representatives currently listed as co-sponsors of H.R. 2060, the Internet Radio Equality Act. If your Representative is listed, a letter may be sent to reinforce the need for this support. If your Representative is absent, ask your local member of Congress to join the growing list of co-sponsors. Time is of the essence.
Rep Abercrombie, Neil [HI-1] - 5/9/2007
Rep Aderholt, Robert B. [AL-4] - 9/10/2007
Rep Akin, W. Todd [MO-2] - 5/7/2007
Rep Arcuri, Michael A. [NY-24] - 5/2/2007
Rep Baird, Brian [WA-3] - 6/5/2007
Rep Baldwin, Tammy [WI-2] - 5/1/2007
Rep Bartlett, Roscoe G. [MD-6] - 5/1/2007
Rep Bean, Melissa L. [IL-8] - 7/12/2007
Rep Bishop, Sanford D., Jr. [GA-2] - 7/17/2007
Rep Blumenauer, Earl [OR-3] - 5/1/2007
Rep Boucher, Rick [VA-9] - 5/1/2007
Rep Boyda, Nancy E. [KS-2] - 6/7/2007
Rep Brady, Robert A. [PA-1] - 6/26/2007
Rep Braley, Bruce L. [IA-1] - 5/21/2007
Rep Brown, Corrine [FL-3] - 4/30/2007
Rep Buchanan, Vern [FL-13] - 5/2/2007
Rep Cannon, Chris [UT-3] - 6/26/2008
Rep Capps, Lois [CA-23] - 5/16/2007
Rep Capuano, Michael E. [MA-8] - 5/1/2007
Rep Cardoza, Dennis A. [CA-18] - 5/15/2007
Rep Carson, Andre [IN-7] - 6/5/2008
Rep Carson, Julia [IN-7] - 5/17/2007
Rep Chandler, Ben [KY-6] - 5/7/2007
Rep Clarke, Yvette D. [NY-11] - 7/10/2007
Rep Cleaver, Emanuel [MO-5] - 5/14/2007
Rep Cohen, Steve [TN-9] - 5/2/2007
Rep Conaway, K. Michael [TX-11] - 6/25/2007
Rep Courtney, Joe [CT-2] - 5/1/2007
Rep Cubin, Barbara [WY] - 4/30/2007
Rep Cummings, Elijah E. [MD-7] - 5/7/2007
Rep Davis, Danny K. [IL-7] - 5/16/2007
Rep Davis, Susan A. [CA-53] - 5/2/2007
Rep DeFazio, Peter A. [OR-4] - 5/1/2007
Rep DeGette, Diana [CO-1] - 6/14/2007
Rep DeLauro, Rosa L. [CT-3] - 5/24/2007
Rep Dicks, Norman D. [WA-6] - 6/5/2007
Rep Doolittle, John T. [CA-4] - 5/14/2007
Rep Ehlers, Vernon J. [MI-3] - 2/28/2008
Rep Ellison, Keith [MN-5] - 5/1/2007
Rep Ellsworth, Brad [IN-8] - 5/2/2007
Rep Emanuel, Rahm [IL-5] - 6/5/2007
Rep Eshoo, Anna G. [CA-14] - 5/7/2007
Rep Farr, Sam [CA-17] - 5/3/2007
Rep Fattah, Chaka [PA-2] - 5/14/2007
Rep Filner, Bob [CA-51] - 5/1/2007
Rep Fortuno, Luis G. [PR] - 4/30/2007
Rep Foxx, Virginia [NC-5] - 5/3/2007
Rep Gilchrest, Wayne T. [MD-1] - 6/28/2007
Rep Gillmor, Paul E. [OH-5] - 5/15/2007
Rep Green, Al [TX-9] - 5/7/2007
Rep Green, Gene [TX-29] - 7/12/2007
Rep Grijalva, Raul M. [AZ-7] - 5/1/2007
Rep Gutierrez, Luis V. [IL-4] - 5/3/2007
Rep Hare, Phil [IL-17] - 5/21/2007
Rep Hastings, Alcee L. [FL-23] - 6/19/2007
Rep Hastings, Doc [WA-4] - 6/11/2007
Rep Herseth Sandlin, Stephanie [SD] - 3/11/2008
Rep Higgins, Brian [NY-27] - 5/3/2007
Rep Hill, Baron P. [IN-9] - 4/30/2007
Rep Hinchey, Maurice D. [NY-22] - 5/3/2007
Rep Hirono, Mazie K. [HI-2] - 5/14/2007
Rep Holt, Rush D. [NJ-12] - 6/5/2007
Rep Honda, Michael M. [CA-15] - 5/1/2007
Rep Israel, Steve [NY-2] - 6/5/2007
Rep Jackson, Jesse L., Jr. [IL-2] - 5/1/2007
Rep Jackson-Lee, Sheila [TX-18] - 6/5/2007
Rep Johnson, Timothy V. [IL-15] - 5/9/2007
Rep Jones, Stephanie Tubbs [OH-11] - 5/14/2007
Rep Jordan, Jim [OH-4] - 6/13/2007
Rep Kagen, Steve [WI-8] - 5/9/2007
Rep Kennedy, Patrick J. [RI-1] - 6/5/2007
Rep Kildee, Dale E. [MI-5] - 5/1/2007
Rep Kind, Ron [WI-3] - 5/15/2007
Rep Kirk, Mark Steven [IL-10] - 5/2/2007
Rep Kucinich, Dennis J. [OH-10] - 5/15/2007
Rep LaHood, Ray [IL-18] - 5/23/2007
Rep Langevin, James R. [RI-2] - 7/31/2007
Rep Larsen, Rick [WA-2] - 5/23/2007
Rep Latham, Tom [IA-4] - 5/15/2008
Rep Lee, Barbara [CA-9] - 5/9/2007
Rep Lewis, John [GA-5] - 5/3/2007
Rep Loebsack, David [IA-2] - 6/27/2007
Rep Lofgren, Zoe [CA-16] - 7/18/2007
Rep Lucas, Frank D. [OK-3] - 1/23/2008
Rep Lynch, Stephen F. [MA-9] - 6/7/2007
Rep Manzullo, Donald A. [IL-16] - 4/30/2007
Rep Matheson, Jim [UT-2] - 5/9/2007
Rep Matsui, Doris O. [CA-5] - 5/15/2007
Rep McCaul, Michael T. [TX-10] - 5/15/2007
Rep McDermott, Jim [WA-7] - 5/1/2007
Rep McGovern, James P. [MA-3] - 7/11/2007
Rep McIntyre, Mike [NC-7] - 6/11/2007
Rep McMorris Rodgers, Cathy [WA-5] - 5/3/2007
Rep McNerney, Jerry [CA-11] - 5/9/2007
Rep McNulty, Michael R. [NY-21] - 5/9/2007
Rep Michaud, Michael H. [ME-2] - 5/3/2007
Rep Miller, Brad [NC-13] - 7/18/2007
Rep Miller, George [CA-7] - 5/15/2007
Rep Mitchell, Harry E. [AZ-5] - 6/25/2007
Rep Moore, Dennis [KS-3] - 5/21/2007
Rep Moore, Gwen [WI-4] - 6/5/2007
Rep Moran, James P. [VA-8] - 5/1/2007
Rep Murphy, Christopher S. [CT-5] - 5/23/2007
Rep Murphy, Patrick J. [PA-8] - 5/21/2007
Rep Musgrave, Marilyn N. [CO-4] - 5/14/2007
Rep Napolitano, Grace F. [CA-38] - 7/10/2007
Rep Neal, Richard E. [MA-2] - 5/21/2007
Rep Norton, Eleanor Holmes [DC] - 5/14/2007
Rep Oberstar, James L. [MN-8] - 5/16/2007
Rep Olver, John W. [MA-1] - 5/7/2007
Rep Pallone, Frank, Jr. [NJ-6] - 5/9/2007
Rep Pascrell, Bill, Jr. [NJ-8] - 9/28/2008
Rep Paul, Ron [TX-14] - 4/30/2007
Rep Payne, Donald M. [NJ-10] - 6/5/2007
Rep Platts, Todd Russell [PA-19] - 7/12/2007
Rep Porter, Jon C. [NV-3] - 4/3/2008
Rep Price, David E. [NC-4] - 4/30/2007
Rep Rahall, Nick J., II [WV-3] - 5/15/2007
Rep Reichert, David G. [WA-8] - 5/1/2007
Rep Reyes, Silvestre [TX-16] - 7/10/2007
Rep Rodriguez, Ciro D. [TX-23] - 7/12/2007
Rep Ross, Mike [AR-4] - 6/14/2007
Rep Roybal-Allard, Lucille [CA-34] - 7/24/2007
Rep Ryan, Tim [OH-17] - 5/3/2007
Rep Salazar, John T. [CO-3] - 5/7/2007
Rep Sanchez, Linda T. [CA-39] - 6/5/2007
Rep Sarbanes, John P. [MD-3] - 7/11/2007
Rep Schwartz, Allyson Y. [PA-13] - 5/23/2007
Rep Scott, David [GA-13] - 6/15/2007
Rep Serrano, Jose E. [NY-16] - 5/23/2007
Rep Shays, Christopher [CT-4] - 5/9/2007
Rep Shea-Porter, Carol [NH-1] - 5/1/2007
Rep Shuster, Bill [PA-9] - 6/13/2007
Rep Sires, Albio [NJ-13] - 5/15/2007
Rep Slaughter, Louise McIntosh [NY-28] - 6/5/2007
Rep Smith, Adam [WA-9] - 5/24/2007
Rep Smith, Adrian [NE-3] - 5/9/2007
Rep Space, Zachary T. [OH-18] - 5/9/2007
Rep Spratt, John M., Jr. [SC-5] - 5/2/2007
Rep Stark, Fortney Pete [CA-13] - 5/14/2007
Rep Terry, Lee [NE-2] - 5/2/2007
Rep Thompson, Mike [CA-1] - 5/7/2007
Rep Tierney, John F. [MA-6] - 5/14/2007
Rep Udall, Tom [NM-3] - 7/17/2007
Rep Walz, Timothy J. [MN-1] - 5/7/2007
Rep Watson, Diane E. [CA-33] - 7/12/2007
Rep Welch, Peter [VT] - 7/17/2007
Rep Wolf, Frank R. [VA-10] - 5/9/2007
Rep Woolsey, Lynn C. [CA-6] - 5/1/2007
Rep Wynn, Albert Russell [MD-4] - 5/24/2007
Rep Young, Don [AK] - 7/30/2007
Rep Deal, Nathan [GA-9] - 5/17/2007(withdrawn - 5/23/2007)
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