Who Controls The Internet?

Internet Radio and the DMCAInternet Radio and the DMCA

The Internet... an open information distribution system

• reduce or eliminate information inequalities

• improve American education• facilitate the free exchange of ideas

• further democratize American society

Internet Broadcasting

U.S. Constitution, Article 1, U.S. Constitution, Article 1, Section 8, Clause 8Section 8, Clause 8

• ““To promote the Progress of To promote the Progress of Science and useful arts, by Science and useful arts, by securing for limited Times to securing for limited Times to Authors and Inventors the Authors and Inventors the exclusive right to their exclusive right to their Writings and Discovery.”Writings and Discovery.”

Pre – DMCA

• $ ASCAP

• $ BMI

• $ SESAC

Fees are based on a percentage of gross revenue (less than four percent combined).

Post – DMCA

• $ ASCAP

• $ BMI

• $ SECAC

• $$$ RIAA $$$

(The Recording Industry Association of America)

$$ RIAA $$

• Owners of copyright on the recordings themselves, i.e. the, “ephemeral copy.”

$$ RIAA $$

• .0762 cents ($0.000762) per performance, per listener.

-- 4% of performances shall bear no royalty

“Performance,” is defined as each instance in which any portion of a sound recording is transmitted to a listener.

$$ RIAA $$

• Subscription Service - 10.9% of subscription service revenues.

• Business Establishment – 10% of gross proceeds.

RIAA record keeping requirements

• The name of the service• The channel of the program • The type of program (archived/looped/live)

• Date of transmission• Time of transmission

RIAA record keeping requirements

• Time zone of origination of transmission

• Numeric designation of the place of the sound recording within the program

• Duration of transmission (to nearest second) • Sound recording title • The ISRC code of the recording

RIAA record keeping requirements

• The release year of the album per copyright notice and in the case of compilation albums,the release year of the album and copyright

date of the track • Featured recording artist • Retail album title • The recording label

RIAA record keeping requirements

• The UPC code of the retail album

• The catalog number • The copyright owner information

• The musical genre of the channel or program (station format)

and, per EVERY listener...

• The name of the service or entity • The channel or program • The date and time that the user logged in(the user's time zone)

• The date and time that the user logged out (the user's time zone)

• The time zone where the signal was received(user)

• Unique user identifier

RIAA record keeping requirements

• The country in which the user received the transmissions

Who Controls Internet Radio?

Who will control the Internet?