
Congress Reaches Compromise on Webcaster Royalty Payments
by Guest Blogger, 12/2/2002
Over one month after reaching an in the House, the 107th Congress agreed on an alternate version of legislation designed to grant smaller webcasters a measure of protection with respect to royalty payments for copyrighted streaming media content.
The House version of , passed on 10/8/02, set the royalty payment period for small webcasters from 10/28/02 to 12/31/04, with roylaty rates set at the greater of 8% of gross revenue between 1998-2002 or 5% of total webcaster expenses. Small webcasters were originally defined as generating gross revenues of $1 million or less during the period of Nov 1998-Jun 2002, and under $300,000 in revenue during 2003. The rate would then have risen, in 2003 and 2004, to 10% of the first $250,000 in gross revenues and 12 percent of any revenue above that figure.
The final version which passed both the House and Senate charged the recording industry's royalty collection group SoundExchange with negotiating individual aggreements with single or groups of small webcasters (both noncommercial and commercial). Noncommercial webcasters will have until 6/20/03 before royalty payments are due, and small webcasters will have until 12/15/02 to negotiate their royalty payments.
Though small webcasters are not specifically defined in the new version of the bill, it is assumed that some form of the previous legislation's definitions and royalty terms (including some minimum fee and either/both a percentage of revenue and expenses) will be preserved in any upcoming negotiations. Larger webcasters will negotiate their own arrangements with the recording industry.
There could be tiered rates for other Webcasters who had not yet reached agreement with the recording industry, Potter suggested. Large Webcasters, such as Yahoo! or AOL, moreover, which were not specifically covered under the bill, would likely engage in marketplace negotiations, he added.
As a means of appeasing relgious broadcasters that had prompted Sen. Jesse Helms (R-NC) to place a hold on the original legislation, the final version states that none of the agreements ultimately spelled out can be considered evidence or precdent in any legal or administrative proceeding regarding royalty payments.
