Internet Radio Equality Act of 2007

This bill was introduced on the floor by Sen. Ron Wyden (Or) on May 10, 2007, with five co-sponsors, and bears the the title, “A bill to nullify the determinations of the Copyright Royalty Judges with respect to webcasting, to modify the basis for making such a determination, and for other purposes.”  Its related bill is H.R. 2060, introduced in the House by Rep. Jay Inslee (Wa.) on April 26, 2007. As of May 10, 2007, the status of the bill was its referral to the Senate Committee on Judiciary, after going through the first and second readings.

The Internet Radio Equality Act of 2007 seeks to render as ineffective: (a) the March 2, 2007 “Determination of Rates and Terms of the U.S. Copyright Royalty Judges in connection with the terms and rates for the digital performance of sound performance of sound recordings and ephemeral recordings; (b) the April 17, 2007 modification of that determination by an order denying motions for rehearing; and (c) the April 23, 2007 “Final Determination of Rates and Terms and any subsequent modification by the Copyright Royalty Judges” published in the Federal Register.

This bill likewise seeks to amend the standards used in the determination of reasonable rates and terms of royalty payments for public performances of sound recordings through eligible non- subscription transmission services and new subscription services with a provision that these rates and terms be set pursuant to the objectives given of the Copyright Royalty Judges. As of the present, the rates and terms are set based on various types of eligible non-subscription transmission services where a minimum fee is also charged. There is also a provision for annual royalty for each provider pursuant to such rates and terms, and a provision for payment of royalties by providers of digital audio transmissions that would have been subject to certain rates.

The bill contains provisions that amend existing royalty payment structure(s) involving the use of certain works in non-commercial broadcasting where the following is covered: (a) sound recordings; and (b) performance or display by non-profit entities and public broadcasting organizations.  The bill provides a period of transmission for the payment by a public broadcasting organization to owners of copyrights in sound recordings.  Finally, the bill seeks to give credit for any royalties secured under the “Determination of Rates and Terms” considered ineffective by this Act against other royalties imposed under the provisions of this Act.

Also See:

FCC Adopts New Rules Permitting TV Channel Sharing by Broadcasters; Enacts First Step Towards Freeing UP Spectrum under Incentive Auction

FCC Modernizes Broadcast Television Public Inspection Files to Give the Public Online Access to Information Previously Available Only at TV Stations

Copyright Office Conducts Proceedings on Exemption to Prohibition on Circumvention of Copyright Protection Systems

Legislation to Deregulate Television Market Introduced in House and Senate

Copyright Office Proposes New Fee Schedule