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"Music royalties everywhere in the world
are a major stumbling block - in America broadcast radio aren't
used to paying royalties and they've been asked to pay online .
In UK we are in a rather more enlightened framework, but it really
comes down to the fact that there isn't actually a blanket deal
yet for Internet radio," says Virgin's James Cridland.
Recent
legislation to licence webcasters in America caused outrage
over its imposition of charges irrespective of who the broadcaster
was, and backdating them to 1998. "The record labels could very
reasonably request that webcasters cease and desist or threaten
legal action. That had a huge impact in the US when they introduced
the CARP
bill - about half of the Internet stations at the time just
shut down because they were scared of being retrospectively billed,"
says Gavin Starks of IWA Europe.
The more recent Small
Webcasters Settlement Act seems to offer a more level playing
field in USA. "What I think it does is it buys a little time until
perhaps some other developments happen in the industry which would
lead to an environment where a viable licensing agreement would
be more of a reality," says RAIN editor Paul Maloney.
Steve Johnston of the Association
if Independent Music (AIM) adds: "There's a political dimension
to what happened in the US as well, in fact a lot of the major broadcasters
were quite okay with the fact the rates were on the high side because
it meant there would be less competition."
In the UK the PRS/MCPS
collect on behalf of artists, while the PPL collects for performance
rights.
"The licence charge for PRS is based on
net broadcasting revenue, and there are various bandings depending
on the kinds of revenue that the broadcaster would bring in. There
is a minimum yearly charge which means that for webcasters that
aren't bringing in a revenue they'd pay £1080/year. There is a charge
also to MCPS of £250 a quarter," says Adrian Crookes of PRS/MCPS.
Dominic McGonigal of PPL
explains their position toward webcasters: "They'll need a licence
because its use of copyright, but at the moment the PPL doesn't
have the webcasting rights, only the simulcasting rights, so an
Internet station in the UK would need to go direct to the record
companies."
However, the independent labels in the UK
have made it possible to webcast their records by dealing with AIM.
Steve Johnston says: "AIM can give a UK Internet station for an
annual fee of about £1000 the right to play unlimited streams of
our music."
DJ Demon D of Selecta
highlights the confusion felt by some webcasters: "Copyright
was an issue we were worried about. One reason we chose Live365
is that they broadcast from America and they have a deal with the
American bodies that covers us. The difficulty in UK, if your webstream
originates from the UK, is that there isn't really any type of law
or licensing."
The PPL's McGonigal is hopeful this will
soon change: "We are in discussion with all 3000 record companies
and overseas societies to put in place global arrangements for webcasting.
We hope to come to some agreement within the next few months and
then we'll be able to issue wecasting licences."
"In a lot of ways America leads as far
as they pass a law like the DMCA
and then other countries follow suit. I hope its not like that,"
offers Paul Maloney of RAIN.
However the PPL's plans suggest that it is: "All of our existing
tariffs are based on usage and value of rights being exercised,
so I'd imagine we'd put in similar tariffs in webcasting - it makes
sense to apply similar arrangements in the UK as exist in other
similar territories," says McGonigal.
Some webcasters are not too bothered anyhow,
as Interface's Eezee-E shows: "In general our policy is: we are
pirates, we play what and how we want, and playing music when you
are meant to pay royalties also works in the other direction. We
think from every tune we play the artist benefits from the airplay."
He also maintains that they are producing their own 'new' content
by mixing records together.
Bristol Broadband Collective's Tony Gosling
agrees: "We need to ask the artists. Sod the PPL or whoever, if
the artists are up for it."
"If the composers decide that they want
to place their music for free on a website then that is their choice
to do so, the important thing is that they should have that choice,"
is the line from Adrian Crookes from PRS.
However, record label boss Andy Jarrod
of 3-Beat is less happy: "It's a loss of publishing rights and a
loss of royalty rights," - although he acknowledges that the promotion
is good.
The future of these issues remains rather
unclear. "I don't think we'll ever get to the point when we have
to pay royalties on every tune we play and keep a list, because
there are too many net radios out there," opines Charles from LLD.
Eezee-E is not hopeful though: "We approached
the copyright people two years ago in London and they basically
didn't have a clue how to control all this, or what we should pay."
As the BBC's Torin Douglas sums it up succinctly:
"It is very murky. There is obviously a happy medium, but we've
not found it yet."
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