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Band plays on but not on Web

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Photo By State Journal/Ginger Lopez
Friends since early childhood, Anna Hornbeck, 13, left, and Ashley Reed, 15, danced while the Weekend Warriors band rehearsed last week at Country Place Jamboree.

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Photo By State Journal/Ginger Lopez
Country Place Jamboree owners David and Tomi Barrett are trying to raise thousands of dollars to save a webcast of the band Weekend Warriors over the Internet. Greg Dawson, owner of New York-based WGAD Net, quit carrying the band after learning of a proposal to collect fees for use of copyrighted music in webcasts.

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Country musician Don Atha is a regular at Country Place Jamboree. Videos:
 »  (Win) Country Place Jamboree
 »  (Mac) Country Place Jamboree

A national debate over Internet radio is costing one local band listeners and may end up costing the Web site it broadcasts on big bucks.
On March 2 the The Library of Congress Copyright Royalty Board endorsed a proposal to enact royalty rates for webcasts and streaming music sites that play commercial music from labels such as Sony and BMI. Fees would be charged for performance of copyrighted music.
If adopted by the board, bands such as Weekend Warriors, the house band at Country Place Jamboree in Franklin County, would be forced to pay for live performances online or completely abandon the Webcast, said Greg Dawson, owner of WGED Net, the New York-based Internet station that broadcasts the band.
"A three- or four-hour show would average $3,000," said Greg Dawson, whose dad, Glenn, plays saxophone for Weekend Warriors.
The proposal, created by SoundExchange, a royalty-collecting division of the Recording Industry Association of America (RIAA) seeks to charge subscribers until the year 2010. In addition, the proposal says Internet radio providers would have to pay for listeners in 2006.
Rates would require radio Internet webcasters to pay for each song streamed by each user. Rates would gradually increase over the next three years, beginning with a retroactive 8-cent charge per listener per song in 2006 up to a 19-cent charge by 2010, WebProNews reports.
Greg Dawson said in 1998 Congress passed a Digital Act outlining a rate charge for 2006 and turning over control of Internet radio to the Copyright Board.
"The only commercial radio I do is with CPJ," Greg Dawson said.
Greg Dawson said he hasnt received formal contact from the Copyright Board or RIAA but his e-mail has been flooded with messages from listeners and other Internet radio owners inquiring about the effect the proposal would have.
"All of a sudden it was a big scare," Greg Dawson said.
Greg Dawson said when he heard about the proposal he immediately ceased broadcasting the Weekend Warriors live Saturday night show, which had been on the air since November.
The live performance drew 50,000 listeners two weeks ago; Greg Dawson said he saw an impact to his station right away once the show went off air.
"Twenty thousand people stopped listening," he said.
He said the Copyright Board can track his play lists to determine how many commercial songs he plays, and then charge him accordingly.
"Right now Im unemployed and they can take everything I have," he said.
Glenn Dawson said he fears his son will be charged for webcasts the group did before the March 2 proposal.
"We would have never done it if we had known," Glenn Dawson said.
Greg Dawson said there are still many gray areas with the proposal and he worries about the power passing the proposal would give the Copyright Board to control what is broadcast online.
"In my opinion this is an attempt to wipe out the independent broadcaster," Greg Dawson said. "One day theyre going to go after everybody. Wheres it going to stop?"
Greg Dawson said even major Internet radio providers such as AOL and Yahoo could face charges.
Last week the Copyright Board responded to complaints from radio broadcasters that rates were too high and agreed to re-examine the proposal.
"The reason theyre reconsidering it is theres been an outcry from people listening to it," Glenn Dawson said.
Greg Dawson said he is unsure when a final decision will be made on the proposal, but while hes waiting, he said hes left with few options.
"For stations like mine I kick back over to totally independent," he said.
Greg Dawson said he primarily broadcasts independent musicians playing their own original material; most are jazz and folk artists. He said he doesnt make any money from the broadcasts, but does have advertisers on his Web site.
The bands sound and light technician Brian Fry said hes heard of other artists in Kentucky facing the same problems, but Weekend Warriors is the only Frankfort band he knows affected by the situation.
"Its like theyre trying to shut down independent stations," he said. "Were the only place in Frankfort that broadcasts like this."
Fry questioned the plausibility of charging to broadcast songs online but not charging for each specific performance.
"Its so unclear what theyre going to do a lot of people are scared away from it," Fry said.
Ben Lathran, who provides vocals for the band, said hes also unclear about the charges.
"I dont fully understand it," he said.
Lathran said he considers what his band does an "assistance of sales to artists." He says he sees no problem with performing, but not actually recording songs.
"I can understand where they would not want us to record, but on this end what we do helps promote their music."
CPJ co-owner Tomiyia Barrett said the webcast also gave publicity to her business, which sees between 30 to 150 patrons Saturday nights. Barrett said she realizes an online broadcast that reaches across nation probably doesnt have a major impact on drawing individuals to CPJ, but that the exposure is still good for business.
"It lets people know we exist," she said.
She said restrictions on airplay hinder upcoming artists trying to break into the music industry.
Lathran said the band will continue to perform at CPJ while awaiting the judgment from the Copyright Board.
"Whatever they allow us to do, well do," he said.
Weekend Warriors plays country music at CPJ every Saturday. The band consists of Glenn Dawson, Tommy Bledsoe, James Mulcahy, Peggy Chandler and Richard Watson.
Greg Dawson started WGAD Net in April 2006; he operates the station on four computers from his office studio outside Rochester, N.Y.
-The Boston Globe contributed to this story.




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 3 Total Comments
3.
    Posted by Glenn April 6, 2007
Thanks for the clarification Greg.
I recently have been involved in trying to put together a live program of independent music. It's been difficult to even get bands to commit to do their own music because of the fear and intimidation tactics generated by the big 5. I've also heard several people requesting to pull music from streaming broadcast. As I understand it, public domain, songs owned by the performing singer/song writer and songs used with written permission from the author/owner are all legal to be broadcast.

2.
    Posted by WGADNET April 6, 2007
Thank you Robert for your comments, I found them enlightening.

I own WGADNET. I stream nothing but independents, in which I have received permission from each composer and artist to stream.
Due to all of the record folks wanting everything plus another 25%, we can not carry music, that we don't have exclusive permission to carry.

On the independent side of it, the record companies can not go after indie broadcasters, if they have acquired proper permission. This can also be done with the Big record companies, but most will not agree or allow the music to be streamed without being paid. Greed! As long as the broadcaster has made agreements with the composer or owner of the music, they can stream it without recourse or payment. It depends on what the agreement they come to is. That is why WGADNET has devoted it's resources to independents only. We do not pay royalties and the artists we stream are aware of that, each has signed a wavier.

Now, I feel I should clarify something. This article has lead many to believe that CPJ, the Weekend Warriors and myself are being sued. At this time that is not the case. None of us have received anything of that nature. We decided it was better to not stream the show. None of us wanted to be extorted into paying out monies we don't have.
One station owner stated to me, well if they want a 125% of my revenues and I make nothing, then they can have 125% of my nothing. I found that statement very interesting. Most people do not realize that, most internet broadcasters make little or no money at all. It is more of a hobby to them.

Now onto what happens in most cases.
The first thing that the record folks do is, they issue a desist order, that means stop playing the music. If a webcaster decides not to stop, they then start proceeding to have the webcaster stop playing the music. What that means is, they then take you to court and sue you. All of this is mostly a scare tactic by the big record labels. They are afraid of what the internet will do. They claim they are losing money, but several studies show that is not true. Most artists are getting smart and are going with small independent labels. The way of the future is internet radio and the artists are finding it is a great place to get the exposure they need.

Thank you

G Dawson

1.
    Posted by radioioRobert March 26, 2007
To send a message regarding these rate increases - contact your congressional representative - Make sure you sign the petition at http://savethestreams.com'target='_new'>http://savethestream...m/

John Simson, the executive director of sound exchange, has been speaking out in defense of the CRB royalty hike. He argues that musicians should support the royalty rate recently adopted by the Copyright Royalty Board. But, in doing so, he distorts the facts about how these royalties will harm musicians by driving small and noncommercial webcasters - the ones who do the most to support new and independent music - out of business. Independent observers have determined that the total royalties owed for 2007 will be more than double the entire Internet Radio industry's revenue - and this falls hardest on independent webcasters who can't subsidize their operations with revenues that comes from other sources, as can portals or broadcasters who also provide Internet radio streams

While John offers as evidence of the fairness of the new rates the fact that webcasters have continued operation after the 2002 royalties, which many claimed would be devastating to Internet radio. Yet he conveniently ignores the fact that many webcasters have been able to operate in this period only because Congress enacted the Small Webcasters Settlement Act - giving small commercial webcaster a percentage of revenue royalty rate and providing noncommercial webcasters a substantial discount off the commercial rate. Under the new decision, the Board does away with the percentage of revenue royalty, recognizing that many webcasters may be put out of business by this decision, but finding that it was not the Board's responsibility to ensure their survival. Nowhere in its decision does the Board cite any evidence that webcasters are making any profits - so how are they to survive?

The Future of Music Coalition, a major advocacy group for musicians - particularly new and independent musicians - has determined that these royalties will hurt these musicians by ending the streams of small and noncommercial webcasters, and has urged SoundExchange to reach a compromise deal that will allow these entities to survive and continue to promote new music. Let's hope that John Simson is interested in the success of new and independent music, and takes the Future of Music Coalition's advice and reaches a deal to allow these entities to survive and continue to promote new music.

Respectfully,
Robert Goodman
music director
RadioioROCK.com
RadioioBEAT.com

To see John Simsons thought's click here:
pt 1 http://www.kurthanso....shtml' target='_new'>http://www.kurthanso...ml
pt 2
http://www.kurthanso....shtml' target='_new'>http://www.kurthanso...shtml>


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