[Ucrn] Webcasting record-keeping requirements (from CBI list)
Sandra Wasson
swkalx at berkeley.edu
Wed Oct 18 11:16:00 PDT 2006
I definitely think we should discuss this. This just worries me because
of course we are in the paper playlist world.
Sandra
Erica Tyron wrote:
> Hi folks,
>
> This information from the CBI list is something that we should be
> discussing at our upcoming conference. Any suggestions for speakers on
> this topic? – Erica
>
> From The Collegiate Broadcasters, Inc. (CBI) Listserv>>
>
> Last week, the Copyright Royalty Board (CRB) issued "Final Interim"
>
> regulations concerning recordkeeping. CBI views the final rules as a
> big victory due to its (and others) efforts, but also realize that the
> victory was not complete.
>
> The process started in 2002 when the Copyright Office proposed that
> stations report close to 60 data elements for each song
> webcast/simulcast on the Internet. The proposal and subsequent requests
> from the music industry, as represented by SoundExchange (SX), included
> highly detailed specifications for the format of the reports that you
> will be required to submit to SX.
>
> CBI expended considerable resources in order to reign-in the overly
> burdensome requirements. While CBI was unable to eliminate all of the
> burdensome requirements, it was very successful in eliminating many of
> the requirements. Even so, some stations will take issue with the
> "Final Interim" requirements and CBI will take the pulse of the
> membership in order to determine how to proceed.
>
> The bottom line is that all stations webcasting music for which is has
> not obtained a release (and some other limited exceptions) will need to
> report data to SoundExchange once the current rate proceeding comes to a
> conclusion, if the rate proceeding does not offer some sort of
> exception, which is not likely.
>
> On Friday, October 24, at the CBI National Convention (Friday, October
> 27, 11:30-12:20 p.m.) Joel Willer, Colette Vogelle and I will be on hand
> to discuss the specific ramifications in more detail. SoundExchange has
> responded positively to an invitation to participate in this session as
> well.
>
> CBI is also working on a detailed paper which will address the issues at
> hand and expects to have a preliminary version available at the
> convention session. Below you will find some basic information
> concerning the decision. To read the full decision, click
> _http://www.loc.gov/crb/fedreg/2006/71fr59010-9.html_ .
>
> How often?
>
> The order specifies that stations need to submit reports for two weeks
> of each quarter. The weeks need not be successive, but each week needs
> to include seven consecutive days.
>
> What Quarters?
>
> The order requires stations to report retroactively to 2004. Almost, if
> not all of CBIs members opted to participate in the settlement agreement
> pursuant to the SWSA. These stations will not need to submit reports for
>
> 2004 or 2005 due to the settlement and subsequent acts of congress
> passed at the urging of CBI. Unfortunately, that means that your
> station will be required to submit reports of use retroactive to the
> first quarter of 2006, unless the current rate arbitration process
> provides an exception for these stations, which is not likely.
>
> What information needs to be submitted?
>
> The following is a direct quote from the order.
>
>
> (i) The name of the nonsubscription transmission service,
> preexisting satellite digital audio radio service, new subscription
> service or business establishment service making the transmissions,
> including the name of the entity filing the Report of Use, if different;
>
> (ii) The category transmission code for the category of transmission
> operated by the nonsubscription transmission service, preexisting
> satellite digital audio radio service, new subscription service or
> business establishment service:
>
> (A) For eligible nonsubscription transmissions other than
> broadcast simulcasts and transmissions of nonmusic programming;
>
> (B) For eligible nonsubscription transmissions of broadcast
> simulcast programming not reasonably classified as news, talk, sports or
> business programming;
>
> (C) For eligible nonsubscription transmissions of non-music
> programming reasonably classified as news, talk, sports or business
> programming;
>
> (D) For eligible nonsubscription transmissions by a
> non-Corporation for Public Broadcasting noncommercial broadcaster making
> transmissions covered by §§ 261.3(a)(2)(i) and (ii) of this title;
>
> (E) For eligible nonsubscription transmissions by a
> non-Corporation for Public Broadcasting noncommercial broadcaster making
> transmissions covered by § 261.3(a)(2)(iii) of this title;
>
> (F) For eligible nonsubscription transmissions by a small
> webcaster operating under an agreement published in the Federal Register
> pursuant to the Small Webcaster Settlement Act;
>
> (G) For eligible nonsubscription transmissions by a
> noncommercial broadcaster operating under an agreement published in the
> Federal Register pursuant to the Small Webcaster Settlement Act;
>
> (H) For transmissions other than broadcast simulcasts and
> transmissions of non-music programming made by an eligible new
> subscription service;
>
> (I) For transmissions of broadcast simulcast programming not
> reasonably classified as news, talk, sports or business programming made
> by an eligible new subscription service;
>
> (J) For transmissions of non-music programming reasonably
> classified as news, talk, sports or business programming made by an
> eligible new subscription service; and
>
> (K) For eligible transmissions by a business establishment
> service making ephemeral recordings;
>
> (iii) The featured artist;
>
> (iv) The sound recording title;
>
> (v) The International Standard Recording Code (ISRC) or,
> alternatively to the ISRC, the
>
> (A) Album title; and
>
> (B) Marketing label;
>
> (vi) The actual total performances of the sound recording during the
> reporting period or, alternatively, the
>
> (A) Aggregate Tuning Hours;
>
> (B) Channel or program name; and
>
> (C) Play frequency.
>
>
> What about BMI Style reporting?
>
> While at least one organization has promised that BMI style reporting
> would be the worst outcome, CBI never promised this outcome, even though
> that was its objective. While CBI fell short of its objective, it did
> obtain a great number of victories on the road to minimizing the
> recordkeeping requirements. CBI has always been honest and upfront
> concerning its expectations and what it is trying to accomplish.
>
> Can we submit handwritten logs?
>
> No. The order specifically rejects this as an option. All reports must
> be submitted electronically in a compressed file that contains an ASCII
> formatted document. Fortunately, we were able to convince the powers
> that be to enable stations to use a spreadsheet with macros to generate
> the uncompressed version of the report.
>
> What else do we need to know?
>
> There are a lot of details that stations need to know. CBI, beginning
> with the conference session next week and a detailed article to debut at
> the convention with begin educating stations about the requirements and
> the resources available to stations to comply with the requirements.
>
> CBI is exploring what options are available to it to appeal the decision
> of the CRB. While there options available, it is my opinion that they
> are few and unlikely to produce results that are worth the investment
> costs.
>
> Looking forward, the bottom line, barring an unexpected turn of events,
> is that if you do not currently track music played, you need to plan to
> do so in the very near future.
>
> Joel and I will be able to answer some questions on the list at this
> point in time, but as we are preparing for the convention and expect a
> large influx of questions, we may not answer each inquiry individually
> and decide to offer a daily response to the accumulated questions, as
> time permits.
>
> Again, CBI believes that we have won a majority of the battles with
> respect to webcasting recordkeeping requirements and realizes that we
> lost some battles, which is to be expected in any legal conflict. CBI
> will be receptive to member input concerning the decision and respond
> appropriately.
>
> Erica Tyron
> Director of College Radio and Television
> Pomona College
> KSPC 88.7FM - CCTV
> 340 N. College Ave.
> Claremont, CA 91711
> (909) 621-8157 ext. 1
> ___http://www.kspc.org_
> ___http://_cctv.claremont.edu
>
>
>
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