Legislation Seeks Compensation on Radio-Based Downloads

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New radio platforms are rapidly gaining strength, though time-shifting and storage capabilities are generating major concerns. While consumers are increasingly opting for on-demand models, groups like the RIAA have been pushing for compensation on technologies that allow consumers to locate and store specific songs within streamed broadcasts. Now, a new piece of legislation has surfaced on Capitol Hill that addresses those concerns, specifically as they relate to satellite, internet, and cable-based radio formats.

The freshly-introduced Platform Equality and Remedies for Rights Holders in Music Act of 2006, or PERFORM, is being backed by Senators Dianne Feinstein (D-Calif.) and Lindsey Graham (R-SC). “I want new services to continue to be made available on different platforms,” said Graham. “But the rules need to be fair for everyone.” Specific compensation amounts were not outlined, though a release from the office of Dianne Feinstein noted that “all cable, satellite, and internet companies should be subject to the same rates,” defined by “fair market value”.

Music streaming has become a popular way for people to enjoy music without having to purchase it. With the rise of new technologies, such as satellite, internet, and cable-based radio formats, the music industry has become increasingly concerned about the potential for lost revenue. The PERFORM Act was introduced to address these concerns by ensuring that all companies that use music in their services pay fair compensation to the artists and owners of the music.

One of the main concerns of the music industry is the ability of consumers to locate and store specific songs within streamed broadcasts. The PERFORM Act will attempt to distinguish between different types of time-shifting. For example, the time-shifting of certain program blocks would be permissible, while the recording and “disaggregation” of specific tracks into a collection would require payment. “For example, if a listener chooses to automatically record a news station every morning at 9:00; a jazz station every afternoon at 2:00; a blues station every Friday at 3:00; and a talk radio show every Saturday at 4:00; that would be allowable.

In addition, that listener could then use their recording device to move these programs so that each program of the same genre are back-to-back,” the office clarified. “What a listener cannot do is set a recording device to find all the Frank Sinatra songs being played on the radio-service and only record those songs”.

The PERFORM Act will also require that all cable, satellite, and internet companies pay the same rates for the use of music in their services. This will ensure that no company has an unfair advantage over another, and that all artists and owners of music are compensated fairly for the use of their work.

The music industry has been concerned about the loss of revenue due to the rise of new technologies that allow consumers to enjoy music without having to purchase it. The PERFORM Act is an attempt to address these concerns by ensuring that all companies that use music in their services pay fair compensation to the artists and owners of the music.

The PERFORM Act has received support from both Democrats and Republicans, and it is expected to become law in the near future. The bill will ensure that the music industry is protected from the potential loss of revenue due to the rise of new technologies, while also ensuring that consumers can continue to enjoy music in a variety of ways.

Overall, the PERFORM Act is an important piece of legislation that will help to ensure that the music industry is able to continue to thrive in the face of new technologies. It will provide fair compensation to artists and owners of music, while also allowing consumers to enjoy music in a variety of ways. As the music industry continues to evolve, it is important that lawmakers continue to work to ensure that both artists and consumers are protected. The PERFORM Act is a step in the right direction.