The Internet radio front has recently been set on fire by various announcements regarding loyalty fees. The Copyright Arbitration Royalty Panel, the infamous CARP, returned its recommendations for royalty payments to music copyright holders for music streamed over the Internet. CARP's recommendations have hit hard the, already badly battered, body of Internet Radio stations. CARP suggest that radio stations that retransmit their over-the-air signal on the Internet will owe 0.07 cents per song per listener for the music they play. This is retroactive to late 1998, when the Digital Music Copyright Act was signed into law.
Internet-only streamers will pay double that amount, 0.14 cents, per song, per listener.
As if that was not enough CARP also suggested that both terrestrial and Internet-only radio stations should pay an additional 9 percent of the above fees for what is termed an ephemeral license, which covers the buffer copies made when files are transferred from one computer to another.
Webcasters claim that adopting CARP's suggestions will mean the end of Internet Radio. But as many experts claim the matter is far from settled.
Though the CARP itself was required by statute to present its final determination to the Librarian of Congress within 180 days of commencement of the arbitration proceeding, said veteran copyright attorney Bennett Lincoff, senior counsel at Darby & Darby, PC, the Librarian, in turn, has an additional 90 days in which to review and either adopt or reject the decision of the CARP.
Once the Copyright Office reaches its final ruling, either side may appeal the decision of the Librarian to the U.S. Court of Appeals for the District of Columbia Circuit, according to Lincoff.
Many decisions of the predecessor agency to the CARP, the Copyright Royalty Tribunal, were appealed beyond the Copyright Office to the federal courts, he said.
Streamer is a new internet radio system that allows anyone to broadcast streaming mp3 audio, to an unlimited number of listeners, from a connection as humble as a 56k modem, and with the broadcasting pc being fairly untraceable(not fully untraceable yet).
The release of Streamer was a form of reply to the closing of Audiogalaxy and the imminent closure of many US net radio stations.
The programs creator says Vote with your feet US citizens!, show your, so-called, leaders how stupid you think the CARP royalty rate nonsense is by using Streamer.