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Status updated: 11/26/2002 The non-profit "Cajun and Zydeco Radio Guide" at www.cajunradio.org has published this page to help you become aware of the U.S. Government's legislation that negatively impacts most internet radio programs (and particularly stations that play Cajun and Zydeco music). On Oct 20, 2002 New rules went into place that charges stations that broadcast over the internet that has new extremely large royalty fees and requires massive record keeping. New update 11/26/2002: There are new articles on the two sites below. (I have copied a summary from "Save Our Radio Streams" onto this page) Save Our Radio Streams Grassroots action guide and background info https://www.kurthanson.com/ Lots of info on this issue The following is from Save Our Radio Streams What are the issues facing Educational and Community stations? Rates!Radio stations that webcast are being forced to pay new copyright fees. Radio stations have traditionally paid copyright fees to the owners of the musical compositions. They have never paid a fee for the Sound Recording, because of the promotional value that the Copyright Owners receive from airplay. Somehow Congress was convinced that the webcasts have no promotional value. As a result, these stations are being forced to pay new fees, which are causing many stations to either not start webcasting or stop webcasting. Web only stations are not excluded from these new fee either! Included in the new fees is a minimum fee, may force some stations to pay royalties in excess of 10 times what is actually due. For a detailed look at the new fees and how the minimum fees cause many stations to pay a per song/per listener fee that exceeds the fees charged to commercial stations, read this article. Recordkeeping. The US Copyright Office has proposed that station on the Internet must produce reports containing over 50 pieces of information about every song they air. These requirements are impossible to meet! There are proposed "likely" interim recordkeeping requirements on the Copyright Office website. While the requirements there may seem harmless, there are a couple of things to consider. The Copyright Office has made it clear that there will be additional data points in the future. Reports MUST be filed electronically. (Most stations use handwritten playists!) It is not clear what the Copyright Office means by performance. The rate specifies a performance as the number of listeners per song. If stations are allowed to average this over a month, it is a big obstacle for most stations. If stations must report the data for each and every song played, it will be impossible for almost every station to comply. The Copyright Office is likely to issue a further Notice of Proposed Rule Making ("NPRM") which will require thousands more dollars to be spent to participate in the process of determining the actual "final" requirements. Content Restrictions. Webcasters may not play in any three hour period more than three songs from one recording, and no more than two such selections can be played in a row. Additionally, the webcaster may not play in any three-hour period more than four songs from one artist, and no more than three in a row of an artist's box set. On Screen Webcasters must identify, in written text, the song title, album title and artist. What is this bill, 5469 that I have been hearing about? The orginal version of the bill delayed the due date for webcasters for 6 months. This would have allowed more time to negotiate and for various court actions to be settled. This version of the bill met with stiff opposition and was replaced by version 2. The second version of the bill was a negotiated settlement between the RIAA and a small/distinct group of commercial webcasters. This bill met with some opposition due to the possible precedent it would set for determining rates and concerns over adequate language for non-commercial stations. This bill passed the House, but was help up in the Senate by Senator Helms (NC). (Letter sent by Helms explaining his "hold" on the bill.) The final version of the bill, which has passed both houses took a different approach. This bill did the following for webcasters... It contained no language concerning specific rates for webcasters. This removed the objection of some that Congress was setting rates. It allowed "small" commercial webcasters to enter into a deal with the RIAA (acting on behalf of ALL sound recording copyright owners) on or before December 15, 2002. This includes the ability to negotiate rates, terms and other language for all obligations from 10/28/98 - 12/31/04. For Educational and Community stations... It suspends the need to make any payments for the period beginning 10/28/98 - 5/31/03 with the first payment not due until 6/20/03. It allows tax exempt (see bill for exact language) webcasters to enter into a deal with the RIAA (same groups represented by RIAA as above). Given the end of the delay of payments date of 5/31/03, it effectively gives this subset until that date to negotiate a settlement. It allows this group to negotiate rates, recordkeeping and other terms with the RIAA. It allows for FCC licensed and unlicensed stations to negotiate for the same rate. Under the decision from the Copyright Office/Librarian of Congress, the unlicensed stations need to pay the same rate as commercial stations. While the bill allows for all of these things to happen, the bill does not require that any agreements be reached. With history and the language of the bill as a guide, you can expect that a deal that closely resembles the second version of 5469 will be executed for the "small" commercial webcasters. It is possible that Educational and Community station could arrive at a reasonable conclusion, but that remains to be seen. The above is from Save Our Radio Streams ***** OLD INFO BELOW: ********************************************* There was an attempt to pass additional legislation that would reduce the massive fees. This U.S. legislative relief failed. The U.S. House and Senate could act in the future to help save internet radio, but it is not likely. There is also a chance that the RIAA (Recording Industry Association of America) could work out a private deal to help out small commercial internet broadcasters and non-profit college type radio. But, don't hold your breath. In the meantime, we will have to just wait it out and see what effect the large royalty fees and booking requirement has on internet radio. The best way to help keep Cajun and Zydeco Radio programs on the internet now is to make donations to your favorite radio stations or buy advertizing. Read a message from KBON here. Thanks for doing your part to help! [email protected] ***************** The info below is old info about this issue: Old statuses of "Save Internet Radio" 10/17/2002 - Internet Radio Fairness Act US House Bill H.R. 5285 stalled in the US House and looks like it is going nowhere. This bill would have exempted many small entity internet radio stations from both the massive record keeping requirements and outrageous royalty fees. The U.S. legislators seemed to abandon this bill for the following bill. The US House bill Small Webcaster Amendments Act of 2002 US House Bill H.R. 5469 has passed the US House and is currently being considered in the US Senate. This newer bill will save some small entity internet radio broadcasts, but requires massive record keeping requirements and a complicated royalty payment system. There is a web site that has a great summary of this new bill and what it means. It also lists the pros and cons of the bill. It is located at www.kurthanson.com It is still important to contact your US House representative and now especially your US Senators to let them know that Saving Internet Radio is important to you. This situation is changing rapidly this week. Letting your legislators know that this is an important issue is good not only for the current legislation, but also for any regulations over the next couple of years. Like most emerging technologies, this issue will be tweaked as time passes. This info is located at www.cajunradio.org (Click on "Save Internet Radio") Sincerely, www.cajunradio.org 10/04/2002 - The amendment in the U.S. Congress and Senate that will save a lot of internet radio broadcasts is currently stalled. It is still critical that you contact your legislators in support of this amendment. This amendment is known as the Internet Radio Fairness Act US House Bill H.R. 5285 We are hoping that it will pass, but as of today, there are only 39 legislators that have signed on as co-sponsors. We also need the U.S. Senate to create a corresponding bill to move the process along. So, it is important to contact both your U.S. House and Senate representatives in support of this amendment. It is currently stalled in the House Subcommittee on Courts, the Internet, and Intellectual Property. Continue reading this page to find out what you can do and how to contact your legislators. 10/04/2002 - Radio station KBON has started to broadcast Cajun and Zydeco Music over the internet again. Due to the pending CARP legislation, this may be either temporary or permanent. If the amendment passes, it will be positive for KBON. Also, you can finacially support KBON to help keep it on the air. Read a message from KBON here. Thanks for doing your part to help! [email protected] Want to support internet radio? If you like internet radio and would like to keep it alive, read the message from our local Louisiana Cajun and Zydeco radio station KBON and read the summary of this issue further down on this page. Then, contact your US House and Senate representatives and ask them to support internet radio. I have included a lot of info about this below including a summary of this issue. It is best if you write and also call your representatives. I have listed below the ways to call and write your representatives. Also, ask your local newspaper to consider doing an article about this issue. Please send an email to your friends asking them to read this page https://www.cajunradio.org/kbon2.html Merci beaucoup, www.cajunradio.org A message from KBON radio station: For the last few weeks we have been telling our listening audience about the issue with "C.A.R.P.", an organization formed to "represent the recorded music industry" and approved by your legislators to charge internet music radio additional fees for streaming. It is not only the issue of additional cost to radio stations streaming the music on the internet, it is also the ridiculous possibility that they may be allowed to charge retroactive to 1998! Anyway, KBON did the same as 1,000's of other internet radio stations. We have stopped the music on the internet (as of 10:am, standard time, Friday August 30th) until the C.A.R.P. issue can be resolved. As soon as we can know for certain just what our cost will be to stream, we will certainly consider getting back on the internet. In the meantime bombard your legislators with mail and/or phone calls and tell them you object to the fees being imposed by C.A.R.P.!!!!We cannot begin to tell you how much we appreciate your support of what we do here at KBON. So many of you have become "friends", and you will be greatly missed, so, please keep in touch! PAUL MARX https://www.eunice-la.com/pmarx.html Your LOUISIANA music connection. KBON 101.1 FM www.kbon.com ********************************************** Want to support internet radio? (The following is from www.cajunradio.org) If you like internet radio and would like to keep it alive, write emails and call your US Senators and Congressmen/Congresswomen. Ask them to support internet radio. Send emails to your representatives: An easy way to do this is by sending a pretyped letter to the US Senators and Congressmen/Congresswomen. This is a pre-typed form letter. Just type in your name and hit the submit button and a pre-printed letter will go to your representatives in the US House and US Senate. From another state? Find your representatives to contact them: To find your Senators and Representatives, go to www.visi.com/juan/congress/ then click on your state to find your members of Congress. Also, you can find your Representatives by going to www.congress.org, click on U.S. Congress on the left side, where it says "Member Name Search", leave it blank and on the next line use the drop down box to select your state, then press the "GO" button. Send emails to your friends and to your email lists: Send emails to your friends and to your email lists. Ask them to consider this issue by looking at this page www.cajunradio.org/kbon2.html Ask your local newspaper to consider doing an article about this issue Send emails or call your local newspaper and ask them to do an article on this issue. Let them know how important this is for local culture and tourism. From Louisiana? Call your Louisiana representatives: Say this: "I would like to give a message to the representative. The message is Save Internet Radio particularly our two Louisiana stations KBON from Eunice, La and KLRZ from Larose, La." If you wish, you can list other Louisiana radio stations that webcast over the internet such as WWOZ of N.O, KRVS of Lafayette, radiolouisiane.com, college stations, and public radio stations. Sen. John Breaux (D) [email protected] Washington DC (202) 224-4623 New Orleans (504) 589-2531 Sen. Mary Landrieu (D) https://landrieu.senate.gov/ Washington DC (202) 224-5824 New Orleans (504) 589-2427 Baton Rouge (225) 389-0395 Shreveport (318) 676-3085 Lake Charles (337) 436-6650 David Vitter (R-01) (202) 225-3015 (504) 589-2752 William Jefferson (D-02) (202) 225-6636 (504) 589-2274 (Billy) Tauzin (R-03) (202) 225-4031 (985) 876-3033 Jim McCrery (R-04) (202) 225-2777 (318) 798-2254 John Cooksey (R-05) (202) 225-8490 (318) 448-1777 Richard H. Baker (R-06) (202) 225-3901 (225) 929-7711 Christopher John (D-07) (202) 225-2031 (337) 235-6322 From outside the USA? Send emails to newspapers If you are from outside the USA, send emails to USA newspapers stressing the importance of internet radio to the USA tourism industry. Go to www.google.com to find USA newspapers. If you have contacted your U.S. Senators and Congressmen/women please answer Yes or Not yet to the Save Internet Radio poll on this site :) Clarence's summary of this issue: Save Internet Radio: Act Now - Pending U.S. legislation to end to Cajun/Zydeco Radio The United States Congress enacted legislation that takes effect October 20, 2002 that will end virtually all internet radio. Many of you are familiar with Louisiana radio station KBON that airs Cajun and Zydeco music. They have stopped their internet broadcast due to this legislation. Many more radio stations will follow before October 20 of this year. You can act now to help save internet radio. This is important to you because many of the stations that play folk, bluegrass, cajun/zydeco and other non-mainstream formats are affected. This includes your local community access radio stations, local mom and pop commercial stations and your college stations. The quick overview on this is that radio stations have always had to pay royalties through organizations such as ASCAP, BMI and SESAC. But, new legislation will require ADDITIONAL fees that are so huge that it would put virtually every internet radio broadcast out of business. This legislation is known as the "Digital Millennium Copyright Act" (DMCA) and "Copyright Arbitration Royalty Panels" (CARP). There is a proposed amendment that is currently under review that will save many internet radio streams. This amendment is known as the Internet Radio Fairness Act US House Bill H.R. 5285 You can act now (before 10/20/2002) to save internet radio by going to https://www.voiceofwebcasters.org/ and send a message to your legislators in support of the amendment. It is easy and totally automated. Just fill in your name and zip code and it sends the pre-formatted letter to your US senators and US representatives. The letter is in support of the amendment to change the fees to an amount that won't kill our internet radio streams. This amendment is known as the Internet Radio Fairness Act US House Bill H.R. 5285 To find out more information this issue - the death of internet radio: www.voiceofwebcasters.org Save Our Radio Streams Grassroots action guide www.saveinternetradio.org Very comprehensive site on this issue www.collegebroadcasters.org Press release on this issue concerning College Broadcasters Contact US House representatives Contact US Senate representatives Send pretyped letter type in your name and a pre-printed letter goes to your representatives 09/30/2002 article www.neworleanscitybusiness.com 09/03/2002 article 08/16/2002 article 08/08/2002 article 07/29/2002 article The Internet Debacle - An Alternative View by Janis Ian Fallout - a follow up to The Internet Debacle by Janis Ian Save Our Radio Streams Grassroots action guide Internet Radio Fairness Act US House Bill H.R. 5285 CARP (Official Legislation on this issue) entire document CARP (Official Legislation on this issue) webcasters regulations www.loc.gov/copyright/carp Listen to Clarence's Baton Rouge Cajun and Zydeco Radio program KBRH AM 1260 every Sunday from 12 Noon - 2pm. Clarence's Cajun and Zydeco web pages: Cajun and Zydeco Radio Guide, Clarence's radio program, Baton Rouge Cajun, Zydeco and Blues Schedule, Cajun dictionary & language, Cajun musician jam sessions, lessons, instruments Cajun Zydeco schedules: Baton Rouge, New Orleans, Lafayette Top 40 songs: Cajun, Zydeco, Swamp Pop, Mardi Gras, Cajun Christmas, Louisiana Blues Clarence's Baton Rouge web pages: Clarence's radio program, KBRH 1260 AM WBRH 90.3 FM schedule, Jobs, Newspaper TV, planetarium and IMAX theatre Blues, Mardi Gras 2004, Links, Clarence's insider's guide for tourism in Baton Rouge, Clarence's restaurant and hotel reviews, Downtown tourism, Downtown restaurants, Downtown Farmers Market, Downtown Main Street Market, Downtown & Intown Neighborhood Guide Clarence's Louisiana web pages: Louisiana Newspapers Louisiana TV stations Louisiana festivals Clarence's insider's guide for tourism in Louisiana These are all non-profit hobbies of mine so I hope you enjoy them! Merci, [email protected] |