Webcasters are being treated differently because ANYONE can technically setup a webcast. A radio station is granted permission to broadcasting by the FCC and ASCAP and BMI charge broadcast stations royalty rates based on a number of different factors - market size, commercial vs. non-commercial, etc.Rich wrote "although the Librarian of Congress has reduced the original DMCA royalty, it remains far higher than most broadcasters/Webcasters can afford. Radio broadcasters receive virtually no additional advertising sales nor higher rates for existing ad sales from Webcasting. Donations from Web listeners constitute only a small fraction of total listener support".
He is 100% correct, but what the DMCA is planning is for what they perceive as "the future". Technically non-commercial (or commercial radio stations) CAN sell advertising on the internet for rates that differ from normal broadcast rates. IF, and that is a might big IF, internet broadcasting really takes hold, there is potential for some radio stations to have more listeners on the internet.
At the moment the internet reaches a small audience. However 10 to 15 years ago how many of us spent this much time at a computer? Many of us would have had serious doubts that we would willingly spend hours in front of a computer doing our work, gathering news, and finding entertainment. The publishing and record companies are trying to plan for a potential future. Already companies are working on internet radio receivers which would be used only for audio transmission.
While I don't agree with the DCMA decision, I do feel that artists need protection of some sort.
I believe that a reasonable solution will be reached, one that will protect non-commercial use of the Internet as well as protect the rights of artists that are being used.
Already there are some stations that are benefiting from the Internet. I believe KPIG is a success story. I couldn't possibly predict what the future will bring, but it will be interesting to see where we are.
This isn't over!!
Ron Olesko