[JPL] Royalty-Rate Hike Alarms Web Broadcasters

dkunian at bellsouth.net dkunian at bellsouth.net
Wed Mar 7 17:06:31 EST 2007


Pardon my French, but fuck the DMCA.

Has anyone been fined or prosecuted for playing more than 4 cuts in 3 hours?  Oh, I forgot, the RIAA is too busy going after 8 year olds who download the SpongeBob theme.  
> 
> From: "Lazaro Vega" <wblv.wblu.fm at gmail.com>
> Date: 2007/03/07 Wed PM 03:42:12 CST
> To: "Jazz Programmers Mailing List" <jazzproglist at jazzweek.com>
> Subject: Re: [JPL] Royalty-Rate Hike Alarms Web Broadcasters
> 
> This Week's JPL Sponsor: SUMMIT RECORDS
> 
> 
> I saw a breakout on this the other day, and read, too, that what's
> been passed so far applies to commercial radio. A non-commercial rate
> is forthcoming. When I get back to work on Thursday I'll foreword the
> entire message with the full rates list.
> 
> For what it is worth this legislation found it's legal legs in the
> Digital Millennium Copyright Act which passed under Clinton. The RIAA
> lobby was able to get through its rules, which also govern programming
> on line, and it's really impossible to follow those guidelines if
> you're going to program pre-lp era jazz. Four cuts by Duke Ellington
> in a three hour period, with no more than two in a row from the same
> artist unless it's from an anthology, makes it impossible to
> accurately portray on radio streamed on the web the breadth and scope
> of Ellington's musical evolution or the profundity of his contribution
> to the American way of life. More anti-intellectual bullshit from the
> build me a house in the Hampton's right now crowd.
> 
> What's even more aggravating is that the music of the 1920's and
> 1930's (the Dorsey Brothers had over 200 hits, hits now, commercial
> successes) survived every evolution of technology up to now and was
> still reaching the people (if the people wanted to hear it). Now,
> finally, an international dissemination system arrives and the music
> is blocked, purely for greed, from reaching it's audience.
> 
> Furthermore, the Internet audience is a minuscule proportion of the
> listener ship when compared to the FM base. Why should the majority of
> listeners be penalized by a service used by the few? Of course you
> bring this up and are told, "Well then block the stream, or don't web
> stream." So the advice of the powers that be to the onslaught of talk
> radio, the diminution of cultural awareness and the marginalization of
> jazz is, Pay up or shut up. There is no consideration for the audience
> in these rulings -- they're not viewed as imaginations to be reached
> but vampires who want to pilfer the profit making abilities of the
> record industries. Sorry if that sounds like over simplification but
> where in these financially based commandments does the spirit of
> partnership between the record industry, radio and radio's audience
> lie?
> 
> We pay. We pay BMI and ASCAP in what are fair rates. We pay SoundScan
> for the right to stream. That's fine. We should. That's fair.  I guess
> the music industry feels they've been screwed since the 1920's by the
> laws which governed broadcast royalties and now they're able to exact
> their revenge by gouging the web streamers. The recording issue is
> b.s. People have been recording music off of the radio since Duke
> Ellington played the Cotton Club. The quality of that recording
> changes with advances in technology yet web stream signals are not
> direct digital transfers to a hard drive: the streams sound o.k. but
> are certainly not CD quality sound, in other words are providing an
> auditioning service not an end use service. And even if they did how
> many people in an general audience are going to take the time and
> invest in the equipment to catch a stream, format it and burn it into
> replayable discs? Far fewer than the number of people who will listen
> for it's own pleasure. And far fewer than the potential consumer base
> reached by radio. See the foot, shoot the foot.
> 
> How does one communicate with this body? I know there are people who
> are in front of them making the case for Internet radio but since 1996
> they've been completely ineffective in stopping these crass,
> anti-intellectual rulings.
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