[Fwd: [Fwd: [Ucrn] Webcasting record-keeping requirements (from
CBI list)]]
Elizabeth Robinson
elizabeth.robinson at kcsb.org
Fri Oct 20 10:29:50 PDT 2006
Got an auto reply that Connie is out of town til Monday. E
Elizabeth Robinson wrote:
>
>
> -------- Original Message --------
> Subject: [Fwd: [Ucrn] Webcasting record-keeping requirements (from
> CBI list)]
> Date: Thu, 19 Oct 2006 15:43:38 -0700
> From: Elizabeth Robinson <elizabeth.robinson at kcsb.org>
> <mailto:elizabeth.robinson at kcsb.org>
> To: Connie Geraghty <Connie.Geraghty at ucop.edu>
> <mailto:Connie.Geraghty at ucop.edu>
>
>
>
> Hi, Connie.
>
> I'm forwarding an email to you which might profoundly impact us. Are
> you aware of this and is anything being done to intervene? None of us
> will have the information required or a workable data base to manage
> it. Perhaps we can have a conference call. Our next one is scheduled
> for two weeks from today, 3 pm.
>
> Thanks,
>
> Elizabeth
>
> -------- Original Message --------
> Subject: [Ucrn] Webcasting record-keeping requirements (from CBI list)
> Date: Wed, 18 Oct 2006 11:09:34 -0700
> From: Erica Tyron <ELT04747 at pomona.edu> <mailto:ELT04747 at pomona.edu>
> To: <ucrn at ucrn.org> <mailto:ucrn at ucrn.org>
>
>
>
> 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
> <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://www.kspc.org>
> http:// <http://> cctv.claremont.edu
>
>
>
> -------------------------------------------------------------
> This message has been scanned by Postini anti-virus software.
>
>
> ------------------------------------------------------------------------
>
> _______________________________________________
> Ucrn mailing list
> Ucrn at lists.kuci.org
> http://lists.kuci.org/mailman/listinfo/ucrn
>
>
>
> ------------------------------------------------------------------------
>
> _______________________________________________
> Ucrn mailing list
> Ucrn at lists.kuci.org
> http://lists.kuci.org/mailman/listinfo/ucrn
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://lists.kuci.org/pipermail/ucrn/attachments/20061020/aaef1463/attachment.html
More information about the Ucrn
mailing list