Music industry, Webcasters reach online music agreement

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Music industry, Webcasters reach online music agreement

WASHINGTON (AP) =97 The recording industry and Internet music broadcasters=
=20
hope a new agreement will prevent a repeat of their recent battle over=20
online music royalties, allowing them to focus instead on providing better=
=20
music services for consumers.  The two sides agreed Thursday on how much=20
big Webcasters like Yahoo, America Online, Microsoft and RealNetworks must=
=20
pay to broadcast songs over the Internet during 2003 and 2004.  The new=20
deal, if approved by the U.S. Copyright Office, will allow the two=20
industries to avoid a lengthy arbitration process to set royalty=20
rates.  "We are delighted to have reached an agreement that will bring=20
compensation to musicians without a costly arbitration," said Thomas Lee,=20
president of the American Federation of Musicians. "We hope Webcasting will=
=20
bring more music to more fans."  Jonathan Potter, executive director of the=
=20
Digital Media Association, which represents Webcasters, said that by saving=
=20
his industry millions of dollars in legal fees, the agreement will allow=20
Webcasters to focus on providing "high-quality programming that is enjoyed=
=20
by millions of listeners."

Internet radio =97 either simulcasts of traditional over-the-air radio or=20
Internet-only stations streamed over the Internet to computers =97 is=20
becoming more popular as people get high-speed connections.  A 1998 law=20
required that organizations broadcasting music and other radio content over=
=20
the Internet pay fees to record companies to compensate artists and music=20
labels for use of their songs.  After the two sides were unable agree on=20
rates on their own, the Copyright Office ruled in June that Webcasters must=
=20
pay about 70 cents for every song heard by 1,000 listeners as counted by=20
the Webcasters.  The larger Webcasters complained the fees, which they paid=
=20
retroactively back to 1998, cost them hundreds of thousands of dollars for=
=20
each year, more than some of them get from advertising or listener=20
contributions.  The Copyright Office was to begin another arbitration=20
between the parties next month to work out royalty payments for 2003 and=20
2004. The new deal, if approved, will make that process unnecessary.

The agreement proposes a per-song rate similar to that set by the=20
government last year, but allows 4% of a Webcaster's songs to be free from=
=20
royalties. The proposal also gives Webcasters the option of paying=20
royalties as a percentage of their revenue or at an hourly rate.  Potter=20
said those choices will allow Webcasters to save money by picking the=20
method that works best for them.  The new proposal does not apply to=20
Internet simulcasts of traditional over-the-air radio or to noncommercial=20
Webcasters such as college radio stations.  Small Webcasters =97 typically=
=20
operations that are listener-supported and reach, at most, just a few=20
thousand people =97 had complained the Copyright Office rates would force=20
them out of business. Legislation passed last year allowed them to pay=20
less.  Those small Webcasters can choose to keep paying those rates or=20
follow the new ones.


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