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Small Webcaster deals: Bad for Net DJ biz?
September 18, 2007
(continued from previous page)
Explain to readers the royalty rate issue very briefly.
Westergren: There are two licensing fees, a publishing fee which goes to the composers and collected by the likes of ASCAP (the American Society of Composers, Authors and Publishers) and BMI. It's the same rate for all three forms of radio--Webcasters, satellite and terrestrial (AM/FM).
The second licensing fee, the one being contested now, is the performance fee. The older rate for that for the large Webcasters was 0.0761 cents per song (based on an estimated number of listeners).
And the new rate?
Westergren: The new rate over the next couple of years would become 0.19 cents per song. The new rate is per song, which means if you skip a song or you play part of a song, we pay full royalty on that song. You take that all into account and it's basically a tripling of the rate. But the old law distinguished between small and large Webcasters.
This new royalty rule that came down wiped out the distinction between small and large, so the smaller casters no longer have a percent of revenue option. They all have to pay a per-song fee. For them this fee change in some cases represents a 10-times increase than what they were paying.
Who would you call a small Webcaster?
Westergren: ...Every college radio station that streams online.
In July, you organized a last-minute grassroots campaign against this rate change that brought the fax, e-mail and phone systems of many Washington lawmakers to a halt. Exactly how many faxes did you get people to send?
Westergren: I would estimate about 1.3 million or 1.4 million, a combination of faxes and phone calls. Shortly after this verdict came out (a decision earlier by the U.S. Copyright Royalty Board to drastically raise fees) we got together as Webcasters to figure out how we were going to fight it and realized pretty quickly that our only avenue for opposing it was going to be some kind of large-scale public pressure because we don't have longstanding groups in D.C.
One of the things that made Pandora particularly good at it is that we do have a relationship with our listeners, we have their e-mail addresses and we know their ZIP codes. So we could not only ask them to call, but give them the phone number of their local representative. I'm going to estimate that of the 1.3 million to 1.4 million people, close to 1 million were from Pandora.
Then what happened?
Westergren: Because there was such an enormous public opposition, Congress was forced to respond. And it takes a lot to get Congress to actually intervene in a process.
One of the funny things is that a huge proportion of the Congressional staffers use Pandora and that's a great way to get the attention of their bosses. Ed Markey, this Massachusetts representative, summoned everybody together: head of the RIAA, head of the National Association of Broadcasters (the AM/FM folks), head of DiMA (an umbrella organization for Webcasters) and a bunch of Congress people.
He basically got up and said something's gone wrong here in this process. It's plainly clear to us that we never ever before had this kind of public uproar and my colleagues and I are tired of having our fax machines broken. So you guys need to get together. I'm not quoting him verbatim here.
Right. What's happening now?
Westergren: We have now met once. We're meeting again actually as we speak (September 7).
And you're hoping to hammer out rates?
Westergren: No. This is sort of like a round two...more information sharing, more discussion. Markey said that if there's not been a lot of progress by Labor Day they would be unhappy. So, we're already now into the stage where it's going slow by the standards of what they expected. We'll see what the next weeks are. The first meeting was cordial; it was in the right spirit. But we haven't tackled the biggest issue, which is the rates.
It's very hard to say what the outcome is going to be, but we certainly take some comfort in knowing that Congress is watching and their constituents are watching them. But it's not inconceivable that they would take a really hard line and we'd have to go back to Congress all over again.
In the mean time, this new rate is in effect. What are you doing about that?
Westergren: We're paying it, but we're only paying it because we have some faith that it's not going to last very long. We can afford to pay this little bit, but not everybody can.
What are the small Webcasters doing right now?
Westergren: They're all officially bankrupt. But they're continuing because they believe that there's going to be a resolution. 
See more CNET content tagged:
Tim Westergren, musician, Internet radio, radio, song






and artists while listening. It definitely helps drive song and album
sales - believe me!
Currently, there are quick links to purchase playing tracks from
Amazon or the iTunes store within their web-based player, but I
really wish Apple would integrate this technology into the iTunes
player itself. I know a lot of music freaks like myself that would
probably end up purchasing even more music regularly. I'm also sure
Apple would find a way to build upon the Pandora technology
making it even more robust.
If you have not yet tried Pandora - Do! It's amazing how it
recommends new music based on music you already know.
"We are deeply, deeply sorry to say that due to licensing constraints, we can no longer allow access to Pandora for most listeners located outside of the U.S. We will continue to work diligently to realize the vision of a truly global Pandora, but for the time being we are required to restrict its use. We are very sad to have to do this, but there is no other alternative."
It doesn't try to alienate it's customers like Yahoo! does by going to bed with Microsoft (and Yahoo! wonders why Google is eating their supper!?!)!
I've already picked out a number of albums I'm going to look at picking up from what has come up from my stations.
- Revelation (Chap 14) from Pandora's music box
- by Timothy Soloman March 22, 2008 12:29 AM PDT
- Greetings my brother Tim,
- Like this Reply to this comment
-
(4 Comments)Thanks for your reply for in communication we can enlighten each other. Remember even though I am first ((1952) you were sent first. That is why you are given the music box that rules
the feet. The first leader of Democracy is George Washington, who is born 22nd of February (Pisces) that rules the (feet)
The first leader of the Republic (English subject) in Jamaica is Sir Alexander Bustamante (JLP) born 24th of February (Pisces) this is also my birthday. I was born 2 Timothy, for I was given
resurrected life, the Pan-do-Ra box of the Spirit (Revelation Chap 9:1-10) Ra is the Egyptian Sun God, the day that I was born (Sunday)
Tim your testamony is strong, for you did that which Christ was about Freedom (Psalms 24) To make the music free is a great effort but as you can see it will be hard to find strength to
uphold what you do. Remember Christ the strength was crucified.
And if you do find those who will help you, you are put in the possision to compramise what you do. Money somehow have to become a part of good intension. That is why I say I was
given the power to resurrect because of my testamony (Isaiah Chap 53)
My testamony could make the best box office documentary or movie of the New Millennium anyway thats not my mission. It is humble of you to want to apologize to me personally for
profanity, but you see my brother I am only a spkesman for the Truth. It is the Truth that we all owe our apology. This is why I am bowed down as the picture I sent you of those that are
called Saints in flesh most of them found in India. (Rev.14:4). They are the older brother of Rastafarians who are called the Prodigal Son.
Unles the Goverenment of America is born from the people that is of the Arts the Earth is at the point of total destruction and thats is as real as I say it. The People right now would prefer
to listen to American Idol (even though the commandment says man should not bow down to any Idol) than to listen to Politicians talk about what they are going to do to change things.
I am sent through the music to speak to the depth of mans concience.
Daniel the Prophet saw all the World Empires that would rule the Earth through the (Idol) that the King built to honour Prostitution. She used power that her husband (Nebuchadnezzar)
"England" gave her (Daniel Chap 2) to bring him down (Liberty) America (Daniel Chap 4)
Paul told Timothy that in a race there are mant that run, but only one can recieve the prize. He said to win make sure you are running "Lawfully" thats whats its about.
There is a three way race that is in front of us as to who will be the next Emperor to rule over the World. But if you are given 3D vission you will see that it is Gloom and Doom that lies
ahead. It is the time of the Great intervention for the Elect sake.
Let me shed a little light into what I say, There is McCain the Republician, then there is the divided house of the Democrats Obama and Hillary. Whatever direction you go in this trinity
(also the name of Obama Church) they add up only to distruction.
Cain invented the first weapon of death that he used to kill his brother Abel, and instead of getting rid of his sin he studied how to make it more distructive, now he is able to wipe out the
entire Earth (Bomb) and this is what he made his slave to become (O-bomb-A) Stevie Wonder in his darkness was able to say "Heaven Help The Roses If The Bomb Begins To Fall" which
becomes (Hell-ary) fire that is hanging over the World. (Revelation Chap 17) The half slave first name is in harmony with the dwelling of soldiers "Barrack" Obama.
Prostitution has been since the dawn of time, from the Garden of Eden where Eve was tempted. It has brought down all man.
The great Nebuchadnezzar who made the prostitute, David who took his general wife (Bathsheba) Soloman who was the wisest man but never know the secrets of the woman. She sleeps
with the dumb, blind, and deff even the cripple just as long as she is rewarded.
The Governor of the City who is amongst those that call themselves "Emperor and Caesar" is not condemned by the sin itself. It is the fact that he thought he was above being seen, that
he would symbolically choose a slave who is blind to be his right hand man. The people that are driven into darkness. Those that sit in the seat of God, meaning, those who take it upon
themselves to make the laws and become the punishers of those who break the law, and is themselves guilty of breaking it cannot escape judgement.
Insight. The Hotel of Prostitution where the Governor went is called the Mayflower which takes us back to the birth of Rome in the West. The Mayflower carried the Pilgrims (Puritans) to
these shores. There is also a saying "April showers bring May-flower. Flowers bloom in May, which is the Caesar of the City, May-or Bloom-berg. These Caesars pride is so titanic, they
had to be humbled by an Ice-berg.
These are the ones that spit at their Creator (Spit-zer) They are the ones who was about to condemn another woman to death. This woman found refuge with Christ who wrote on the
ground (Earth-link) "He who is without sin let them cast the first stone. To Spit-zer and his lawmakers there is a saying if you spit in the Sky it will fall in your eye. Why would you
condemn the woman who is turned out by society, but then, when it is done by she who have no need to be a prostitute, you call it "Celebrity Life Style" (Holly-weird) Why for it is done
amongst the rich.
What I say to you will not be taught by the Church, for this is called spiritual insight that takes on realistic outlook. To speak of Astrology or Numerology to the Minister will tell you it is
of the Devil. As Paul the Apostle says "these are those who condenm the things that they don't understand". For the 4th Book of the Old Tewstament is called Numbers, and those that
were considered Wise Men were Astrologers.
The Governor became number 9 upside down it is 6. Also he was the 54 Governor which is 5+4=9. The hotel room number is 871 which is 8+7+1=16=1+6=7 This is one of the most
spiritual number in the Bible representing Good and Evil.
Revelation Chap 17 says, come I will show you the punishment given to the Great Prostitute the one with the 7 heads. The only Emperor that is known in modern times is the one that
Rastafarians follow "Emperor Hail Selassie of Ethiopia. Historically they too was caught in the Emperors Club of the Prostitute.
Insight. The 7th Book of the Old Testament is Judges from which the word judgement comes. It is in this book that you will read of the history of one who was twice caught in the bed of
the prostitute, "Samson" who lost his 7 Lox and his eyes. (Governor Paterson)
Like everyone else even Rastas (who is known as Nazarites) fell under her spell, not by the word Hate but Love. I have learnt to respect Hate over Love. (I will speak on this subject another
time) Let me bring what I say to a fine point without any jive talk, The Governor took the undercover name Fox. Samson when his first wife betrayed him with the riddle he caught 300
foxes and set their tail on fire and burnt down the Philistines fields. (Judges 15:1-5) The numerical number for fox is F=6, O=15=1+5=6, X=24=2+4=6 (666)
The new Mayor is only a clone of the master for slaves became the first clone not of the Creator but of his master. The slave are the ones with the authority to free the whole World. But
how can the blind change anything when he cannot even free his or her own self from the sin of slavery that they are in. First of all they tell themselves that they are no not slaves
anymore, and doesn't want to hear of their own deprived behavior. Why would a slave want to be in his masters house which is sin instead of the house of change (the Creator). What
water can he bring to a people that is dying of thirst. It is only a fool that would put new wine in old wine skin for it to burst and the wine go to waist.
The Government of the New will govern from the New (Revelation Chap 21) The New Jahrusalem given to the government of Daniels dream "The Stone" (Daniel 2:34) This is the
Government born of the Arts.
Insight Do you know that the motto of Arkansas where Hillary Clinton is from is "The People Rule" that is where I choose to live, amongst the People "Astoria Houses" Arkansas Seal has
Liberty on it, also "The Angel without Mercy", the "Sword of Injustice" There is also the Beehive which became the riddle in the betrayal of Samson! ( Judges 14:17-18)
Christ taught the People to Pray "Thy Kingdom Come Thy Will Be Done On Earth As It Is In Creation"
Jahrusalem will not come from out of the Sky like the sky gazers (Church) believe. It is the skilled men of the Creator that will build it. Rmove the City of Sin and Prostitution Old York City
and replace it with the New Jahrusalem.
Insight Rastafarians are of the House of King Babylon (England) whose wife (Liberty) took the Kingdom in the Revolutionary War (America) and made it a Queendom. That is why the
English General Cornwallis in his surrender to General Washington in York Town Virginia had his band played a song titled "The World Turned Upside Down" The confusion of the World is
the peopleare walking on their heads. So as to get rid of the headache the Earth has to be put back in propper orbit when the feet respect its own authority likewise the head.
Christ himself said "If the blind is made to lead the blind, both will fall in the pit of destruction and those words have become revelation. But the Prophet Isaiah also said "The people that
walked in darkness have seen a great light" Governor Pat-erson was sworn in on Saint Pat-ricks Day!
Here are some good Albums. Stevie Wonder "Fulfillingness First Finale" Peter Tosh "Mystic Man" Bunny Wailer "Protest" Lucky Dube "Serious Reggae Business" Burning Spear "Man In The
Hills, Marvin Gaye "Whats Going On" Bob Marley "Kaya" Culture "Strickly Culture" Trojan "Funky Kingston, Ras Michael "Nyahbinghi"
So far I have spent more time writing than listening to music thats because it is my first work. I would like to make my own mix and send it to you, for as I said I was also a DJ. If you can't
find some of the music that I recomend I can make copies and mail to you.
One Love is the Exodus
Timothy, Spirit of Truth.