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Author Topic: Copyright Law Changes for 2015 and 2016  (Read 22260 times)

admin

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Copyright Law Changes for 2015 and 2016
« on: December 18, 2014, 08:08:55 PM »
Unfortunately in 2015, Small PurePlay agreements (SoundExchange) are no more. Small PurePlay allowed a cap of 10 million ATH per month which is just about what StreamLicensing Affiliates are running right now.

Since Small PurePlay goes away on January, 2015 1 I am left with no choice but reduce my Affiliates ATH to the 5 million ATH monthly cap available under the Small Webcaster's agreement. This means I must lose roughly 1/2 the ATH my Affiliates use by January 1. I've invested quite a bit of money with my attorney exploring the best way forward and the end result is not what I had hoped. Yet, I think the answer we've found is far better then no solution.

Our new resource partner http://www.ProNetLicensing.Com will provide blanket licensing for those we can no longer service here. http://www.ProNetLicensing.Com will be renting StreamLicensing software and utilizing our support team so the experience there will be somewhat similar to what you have here.

Looking ahead to 2016:

The problem is in 2016 all legal proposals by the copyright board so far have NO provision for Small Pureplay or for Small Webcasters. This leaves us as very small broadcasters, at just about an impossible royalty fee under the other SoundExchange agreements. I think we can change this and have some action ideas I'll be sharing asking your help on starting in mid-January.
Marvin
StreamLicensing.Com

admin

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Re: Copyright Law Changes for 2015 and 2016
« Reply #1 on: December 31, 2014, 07:39:26 AM »
The following was posted on a recent Facebook page. It has some redundant information but may add some points not already covered.

Let me give you a little bit of history as I understand it and please excuse the length of this post. If you don't have time to read the entire post please read the last paragraph because it impacts your future in 2016.

Here in the U.S. SoundExchange administers the fees paid to artists for the plays they receive on Internet Radio. SoundExchange doesn't make their rules and policies, they simply administer the laws passed by the lawmakers and policy makers in this great country. Most of their fee structure charges a small fraction per EACH listener who tunes into EACH song (performance-based fee.) If you work the math, even 25 listeners listening to 10 songs per hour times 24 x 7 x 30 x .0008, or whatever is the correct fee, adds up in a hurry.

However, several pioneers in this business (folks like Loudcity and Spacial Audio and many others I'm sure) worked with the lawmakers to get the Micro, and Small Webcasters and Small PurePlay agreements in place. These allow smaller broadcasters to operate under a revenue based fee rather than a per performance based fee. This fee structure has made it possible for smaller broadcasters to afford to broadcast.

Now looking to 2015. StreamLicensing operated under the Small PurePlay agreement in 2014 which allowed us a maximum of 10 million ATH per month. We were running right up against 10 million. The Small PurePlay agreement expires at midnight December 31, 2014. My attorney and I have exhausted all means to find a way around this problem. No way exists. The only thing left for StreamLicensing is to operate under the Small Webcaster's Agreement which has a monthly maximum cap of 5 million ATH. So clearly the choices I had were a) to dump 5 million ATH by turning my largest Affiliates out into the cold or b) to make arrangements with another company to take those I MUST lose so all still have an affordable home. Neither choice is one I would voluntarily choose. I've chose choice b.

PRONETLicensing is not owned by me and legally can't be. It is a totally separate entity operated by Kathy Allen. PRONETLicensing is renting my StreamLicensing software and our support team has an agreement to provide technical support to PRONETLicensing clients. So, while I have no control over business decisions, policies or such there, your technical experience will be about the same as you experience at StreamLicensing. At this point, after the dust settles on January 1, both StreamLicensing and PRONETLicensing should have plenty of room for SMALLER accounts needing blanket royalty coverage.

Now for 2016. This is where we all face a common problem. My attorney informs me that none of the (SoundExchange) proposed agreements have any provision for smaller broadcasters (i.e. nothing similar to Micro, Small or Small Pureplay.) This means that the fees we face in 2016 will be performance based (number of listeners per song X .0008 or whatever multiplier is agreed,) I hope we can all unite to change this and essentially save Internet Radio for Small Webcasters. More in a couple of weeks when I catch up from the changes that must be made for 2015. Thanks for taking time to read this, and to you who have been or are StreamLicensing Affiliates, a special thanks for your support and trust over the years.
Marvin
StreamLicensing.Com

1290 GLI

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Re: Copyright Law Changes for 2015 and 2016
« Reply #2 on: January 04, 2015, 01:53:36 PM »
What ever we need to do Marvin.

Jerry   1290gli.com

AltaredLives

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Re: Copyright Law Changes for 2015 and 2016
« Reply #3 on: January 26, 2015, 01:18:54 PM »
It's been awhile since I visited this forum -- I ceased webcasting last September.

But I am saddened that 2016 may be the end of the dream for so many who enjoyed webcasting for so many years, bringing joy to listeners who otherwise had no alternatives.

The business model that record labels adhered to in control of radio for decades was basically killed by widespread use of mp3 technology -- whether it was peer networks, legit downloads, or webcasting. Now their lobbyists and pocketed politicians have seen to it that they could kill all competitive remnants w/ laws that are/were detrimental to the new technologies.

Things will never go back to them controlling what people hear. It will die a slow death. They did not know how to embrace the competition and now they've killed all hope of a new model taking hold. So they've in essence signed their own death warrant, in my opinion.

DJCat

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Re: Copyright Law Changes for 2015 and 2016
« Reply #4 on: March 15, 2015, 08:03:29 AM »
Please let me know how I can help, Marvin.  And, as 2016 approaches, any advance notice of options is greatly appreciated.  Also, I was wondering if it would be helpful to try and enlist support from industry trade associations?  For example, I have been a member of the Americana Music Association and a chart reporter to their internet radio chart for many years.  I regularly attend their annual conference and they usually have panel discussions regarding licensing/royalties.  The discussions are usually from the perspective of artists and they almost always center on the relationship with large and very large broadcasters, entirely overlooking folks like me.  Thus, I'm not even sure what the position of AMA stakeholders is with regard to small internet broadcasters.  (I do know that the artists and promoters love for me to play their music, so I gotta think there are allies to be found.)  Anyway, I suppose I can ask the AMA staff if you think it'd be helpful at some point.  I probably need to get better educated, though.  Thanks.  wc

Trip

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Geofiltering
« Reply #5 on: March 15, 2015, 09:25:48 AM »
Marvin,
Was a very nice way to wake up this morning to your email. This is something I've wished for for a long time.
Thanks
Trip

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Re: Copyright Law Changes for 2015 and 2016
« Reply #6 on: March 15, 2015, 10:50:26 AM »
Geofiltering will make some happy (most of us I think) but others not so happy. I'm doing the best I can given the complex and changing situation.

To update all on 2016. At this point a lot of unknowns are floating around. The best legal advice I can get is to be prepared to act but to sit quietly on the side in the meantime. I am doing both and will update as needed.
Marvin
StreamLicensing.Com

lanewells

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Re: Copyright Law Changes for 2015 and 2016
« Reply #7 on: May 16, 2015, 07:19:10 AM »
Thanks, Marvin~

wildun

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Re: Copyright Law Changes for 2015 and 2016
« Reply #8 on: December 15, 2015, 10:23:36 AM »
I went through the battle with copyright law with Loudcity. I proposed then we fight rather than be silent. One owner wanted the fight, other one not, the want won. I got a go ahead and we made noise, lot's of noise. We got their attention and agreements were made. Many participated and we did several things to make sure we were heard including clogging the government phones with calls. I disagree with your attorney. May be too late now, but I would fight!

Trip

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Re: Copyright Law Changes for 2015 and 2016
« Reply #9 on: December 16, 2015, 12:26:56 PM »
Wildun,
I was there with you and the rest. But remember we did PSA's and stuff also. It's just a little late for all that now though.


Trip

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Re: Copyright Law Changes for 2015 and 2016
« Reply #10 on: December 17, 2015, 11:38:18 AM »
Man do I miss Wildun! and hey Trip!!!! What we did in 06' / 07' was untied, but since then everyone went there own ways. Unfortunately uniting now is to late, would I still fight hell yeah but the verdicts has been sent out. I posted on a facebook Internet Radio station forum page about a year ago about this coming up and what we did to prevent or postpone the CRB rulling and cost increase and it seemed it fell on deaf ears, even thou there are 100's of station owners on that page, just seems like no one cares until the enable happens, and now the sky is falling on said forum page.

v103Rock - www.v103.net

Trip

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Re: Copyright Law Changes for 2015 and 2016
« Reply #11 on: December 17, 2015, 01:32:13 PM »
Hey Guido!!! Was wondering where you went off to.
Yeah we had it going back then, and like you say, nobody really cares anymore, until that plug is just about all the way out the socket.
I still have some of those PSA's we used back then.
It's a shame no one wants to do anything to keep what they have until its too late.


Trip

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Re: Copyright Law Changes for 2015 and 2016
« Reply #12 on: December 18, 2015, 11:39:27 AM »
Yeah I have the PSA's to from back then. I can be found on Facebook these days, its easier to use than forums these days. Things have surely changed since 06 / 07 in many ways :)
« Last Edit: December 18, 2015, 11:48:57 AM by Guido »

v103Rock - www.v103.net

LMTTRR

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Re: Copyright Law Changes for 2015 and 2016
« Reply #13 on: December 18, 2015, 02:10:59 PM »
Hello all. Trip, Guido, Wildun and all the others who went through the last round several years back, it was a wild ride, but we were able to get it done. I'm happy to fight if it seems like a viable alternative going forward. I'll even produce new PSA's to further the cause.

Based on what I'm seeing, at the moment, the new rates would be a nail in the coffin for me. I'm sure it will for many of us.

I got into this to have some fun, polish my old radio skills, and in the process, made some good friends both inside our webcasting group and with the listeners. Even now, I attribute the Internet station for helping me land a job in terrestrial once radio again. What a shame if it had to go away.

Let's see if Marvin is able to come up with something for us before the end of the month. In the meantime, I'm ready for a fight if we have to.

AltaredLives

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Re: Copyright Law Changes for 2015 and 2016
« Reply #14 on: December 20, 2015, 07:46:23 AM »
Well, it's been a year since Marvin's original post.

Will 2016 still signify the death of microcasters?