[DMCA-Activists] Re: [DMCA_Discuss] Lucky day for webcasters!

[IBSHQ]

Hi Tom,

Unfortunately the foreign controlled RIAA/ Sound Exchange 
will have the right to "tax" US webcasters after the June 20, 2002, 
Library of Congress, Copyright Office decision on DMCA rates.  

Unless the Librarian sets the rates so low 
that the copyright fees are very small numbers, 
the DMCA copyright rates will effect webcasting.  
The reporting requirements may also be a factor 
in the future of webcasting.

The RIAA and their unincorporated internal organization, 
Sound Exchange, are controlled by five large corporations (labels): 
Sony, BMG, EMI, Universal and AOL/Warner.  
These five organizations account for nearly 
90% of RIAA revenues/ activity.  
The hundreds of smaller RIAA members that represent 
thousands of labels account for a little over 10% of RIAA.  
Obviously most of the BIG FIVE are foreign controlled organizations.  
BMG has just announced plans to acquire the NAPSTER.  
BMG, a German company, with NAPSTER might well 
appreciate the competitive advantage of shutting down all small webcasters, 
including educational webcasters.  

DMCA will eventually give these foreign corporations 
the right to "tax" US Webcasters and even regulate 
them out of business using oppressive song reporting requirements.

America's sons and daughters, our educational webcasters, 
need to have their first amendment rights to speech 
and their right to a technologically sound education.  
It would be unfortunate if Foreign Monopolists were 
allowed to shut down American Webcasters by DMCA.

An interesting side provision of DMCA as it applies to 
copyright rights of Artists and Labels is that 
THERE ARE NO Federal ENFORCEMENT PROVISIONS.  
Enforcement of fees, etc. is by civil action of RIAA/ Sound Exchange.
Unlike the FCC's ability to access large fines to broadcasters,
the Copyright Office has no such authority or power.  
Even more interesting is the Eleventh Amendment 
to the U. S. Constitution which prohibits actions 
against State Government(s).  
Many educational webcasters are owned/ operated 
by parts of the State Government structure.  
RIAA/ Sound Exchange may well be prohibited 
from actions against these webcasters.

In any case the DMCA CARP (CRAP) 
has been and will be challenged in Court.  
Hopefully Congress will amend the provisions of DMCA 
to encourage both the Internet/ Webcasting industry 
and fair payments to "starving" Artists.  
To date the considerable amount of money collected 
by RIAA/ Sound Exchange since 1998 has 
NOT BEEN PAID TO ANY ARTIST, not one cent, 
according to Steve Marks, attorney for RIAA.  
But ... according to Steve they (RIAA) are thinking about!

     Fritz

Fritz Kass
Intercollegiate Broadcasting System (IBS)
with 62 continuous years of service to
educational broadcasters and webcasters.
http://www.ibsradio.org
address@hidden
367 Windsor Highway, New Windsor, NY 12553
With 773 educational broadcast members
(95% of active educational webcasters)

 
In a message dated 5/21/02 1:56:50 PM, address@hidden writes:

<< Hi:  Good Day!

Thanks,

Tom

http://www.studioforrecording.org/

http://www.ibiblio.org/studioforrecording/

http://renotahoe.pm.org/


On Tuesday 21 May 2002 10:27, Jonathan Watterson wrote:

> Dear music fans and freedom lovers,

>

> The record companies may not be able to tax internet radio after all.

>

> CARP, the Copyright Arbitration Royalty Panel commissioned under the

> DMCA, presented (in February) its recommended fees and requirements for

> streaming music, which shut down many webcasters (like WERS

> <http://www.wers.org/stream.htm>).

>

> Today the Register of Copyrights and the Librarian of Congress both

> agreed to reject CARP's fee plan.

>

> More info:

> http://slashdot.org/article.pl?sid=02/05/21/153226&mode=nested&tid=141

> http://www.copyright.gov/carp/webcasting_rates.html

>

> We now need to convince the Copyright Office ( 101 Independence Ave.

> S.E., Washington, D.C. 20559-6000, telephone (202) 707-3000 ) that fees

> need to be lower than CARP's recommendation, not higher, and that the

> proceeds should go not to RIAA (the record companies) but to ASCAP and

> BMI (the songwriters).*

>

> J >>