Tuesday, June 10, 2008 -- Small Webcaster Community Initiative today submitted a written statement to the House Subcommittee on Courts, the Internet, and Intellectual Property as part of a hearing concerning the "Performance Rights Act".
Small Webcaster Community Initiative, established in May 2003, is a special interest group devoted to promoting and protecting independent online music radio. We strive to maintain a fair balance between the intellectual property rights of songwriters and record labels and the best interests of our members who wish to use copyrighted musical works and sound recordings for creative purposes within their Webcast programming.
If you've ever listened to SHOUTcast, Live365, AudioRealm, Mercora, SWCast Network, AccuRadio, or Soma FM then you can appreciate the sheer depth of original music programming that individual broadcasters have to offer in contrast with the major corporate networks.
The recording industry is again up to its old tricks. Corrupt politicians and highly-paid lobbiests are threatening the viability of Internet radio — with legislation that continues to impose needless and unjustified burdens on the same people who already pay exorbitant royalties to the major labels.
It's time to set the record straight. As a community, we deserve to make our voices heard loud and clear on Capitol Hill. The future of Web radio is now. So, let's take back the Internet airwaves once and for all.
Internet Radio Licensing
Before you launch your first Web radio station, remember that you must typically pay royalties for public performance. Please refer to the following sites for more information about Webcaster licensing:
The scope of the DMCA statutory license is limited to the territory of the United States. Thus far, SoundExchange has not announced its intention to join in the IFPI International Webcaster Agreement.
Therefore, eligible Webcasters that elect to operate under the DMCA statutory license must confine all transmissions to the United States. Undertaking unauthorized public performances in foreign territories, may subject the Webcaster to liability for copyright infringement.
The Legality of Podcasting
Podcasting is a distribution medium. Since ASCAP, BMI, and SESAC can only license music for public performance, you must clear these separate distribution rights instead through Harry Fox Agency.
In addition to the mechanical license, you must secure a master-use license for each sound recording with the respective record label.
Become a Donor
Our organization is funded entirely by people like yourself who believe in our cause. Voluntary financial contributions of any amount will help us to cover our basic operational costs (we budget all monies collected toward day-to-day administrative expenses, legal consultation fees, etc).
Please take a moment to share the gift of independent online music radio by making a donation today. Your generosity is greatly appreciated!
Get Involved Today
Whether you're an online broadcaster or disc-jockey or whether you're an indie musician or record label, we'd be glad to have you onboard with us.
To learn more about our organization, visit us online:
For general inquiries, you may also write to us via postal mail:
Small Webcaster Community Initiative
ATTN: Randall Krause
108 W Green St Ste 110
Champaign, IL 61820
UNITED STATES
'SHOUTcast' is a registered trademark of America Online Inc. 'Live365' is a registered trademark of Live365 Inc. 'Mercora' is a registered trademark of Mercora Inc. 'SWCast Network' is a registered trademark of SWCast Network Inc. All other trademarks are property of their respective owners.
'Small Webcaster Community Initiative', 'SWCI', 'Redefining Music Royalties for Small Webcasters', 'Long Live the DJ in You', 'SmallWebcaster.org', and the associated logotypes are servicemarks.
The information contained hereinbefore is not intended to constitute legal advice or consultation, nor does it form an attorney-client relationship.
Small Webcaster Community Initiative's Friend Space (Top 35)
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Just released the second part to my "Frozen Elements" mix. It contains tracks from Coldharbour Recordings and Electronic Elements. This is an all vocal progressive trance mix. This was officially released on www.trancedesign.net and generated over 4K downloads in the first week. Hope you enjoy!
DOWN WITH THE RIAA!!! but hopefully releif is in the furture to put an end to the tyrany of the RIAA and hopfully to the end of it all together so the artists finaly get all thier royalties that they deserve.
Hi SWCI, thanks for the opportunity to introduce You to the music of ALIEN SKIN.
If you wish to acquaint yourself with all the songs from ‘Don’t Open Till Doomsday’ the Alien Skin debut album - check out my bandwebsite … AND while you’re there please help yourself to ALL the alternative FREE downloads!
2000: Democratic vice-presidential nominee Joe Lieberman “loses” election. Flash forward to 2008 and this stuffy jerk – who spent part of his career going after Marilyn Manson – is plowing in fried tilapia at Olive Garden with John McCain.
2004: Democratic vice-presidential nominee John Edwards loses election. Flash forward to 2008 and Edwards is admitting to having an affair (possibly a love child too!) while his wife was recovering from the cancer.
2008: Now we get Joe Biden? Please.
Biden’s tech voting record has gotten a bit of attention over the last few days, primarily because it exposes him as a close ally of the Recording Industry Association of America (RIAA) and Motion Picture Association of America (MPAA), two industry groups that spent decades bilking their customers before Napster showed up and set things right. Let’s not forget the Payola scandals. This industry has long been about telling you what to like and selling it to you at an exorbitant price.
Paidcontent. org reported on Sunday that Biden last year proposed a $1 billion program to monitor p2p networks. That’s right: $1 billion of your tax money to ensure nobody steals the new Metallica album.
Biden also “sponsored an RIAA bill” that would “restrict recording and playback of individual songs from satellite and Internet radio stations,” according to paidcontent. org. Again, that’s all about the RIAA deciding what you listen to – and what you buy – as well as helping maintain a grip on radio advertising.
I know what some of you are thinking: “It’s only $1 billion. The Iraq War alone costs about $2 billion every week.” You’re also thinking: “But file sharing is illegal.” Yes, it is. But I still remember the nearly $20 list price on Dr. Dre’s Chronic 2001. Napster broke soon after, ultimately helping to drive costs to $9.99 an album on iTunes. The RIAA’s thievery, legal as it was, was shameful. That Biden would pl
It has been a year since an increase in royalty fees for webcasters put the future of Internet radio at risk. Since then, more than 2 million people have called on Congress to save Internet radio, the Internet Radio Equality Act has been cosponsored by 150 Members of Congress, and a hearing was held in the House Small Business Committee. In spite of all this - nothing has changed. We need your help. On Thursday May 15, Senator Sam Brownback of Kansas will introduce the Internet Radio Equality Act (IREA) as an amendment to the Orphan Works Bill (S. 2913) while it is being considered by the Senate Judiciary Committee . As you know, the IREA would level the playing field for Internet radio webcasters and promote greater parity within the radio industry, while doing away with the discrimination that now forces webcasters to pay fees more than twice as high as their closest competition, cable and satellite radio. You can help. At least one of your Senators is a Member of the Judiciary Committee and we need their support. Call them today and ask them to support independent artists, small businesses, and the future of Internet radio. You can find their phone number and talking points here: http://www. capwiz. com/saveinternetradio/alert_9738601. html. Ask your Senator to support the Brownback Amendment to S. 2913. We need your help to remind Congress that though Internet radio is still on the air and artists are still being paid for their work by webcasters, nothing has been resolved and we need them to act. On behalf of webcasters, artists and fellow Internet radio listeners everywhere, thank you. Let's finish what we started a year ago.
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