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June IP Breakfast Club Debates Performance Right

WASHINGTON June 16, 2011- Broadband Breakfast gathered leading experts Tuesday to discuss a performance right for broadcasting at the June installment of the Intellectual Property Breakfast Club.

Under current copyright regulations, when a song is played on terrestrial radio the writer of the song gets paid fee called a broadcast royalty. The singers and musicians that perform the song, however, get no such payment. Performance royalties are paid to singers from web-based radio stations along with cable companies that offer music channels.

Broadband IP Breakfast: A Performance Right for Broadcasting: Will Radio Begin to Pay?

WASHINGTON June 16, 2011- Broadband Breakfast gathered leading experts Tuesday to discuss a performance right for broadcasting at the June installment of the Intellectual Property Breakfast Club.

Under current copyright regulations, when a song is played on terrestrial radio the writer of the song gets paid fee called a broadcast royalty. The singers and musicians that perform the song, however, get no such payment. Performance royalties are paid to singers from web-based radio stations along with cable companies that offer music channels.

 

Broadband IP Breakfast: A Performance Right for Broadcasting: Will Radio Begin to Pay?

David Oxenford, partner at the law firm of Davis Wright Tremaine, LLP explained that since web broadcasters were unable to band together and work out a single royalty rate, each individual broadcaster must make its own deal with SoundExchange, the organization which collects royalties. Generally, web broadcasters pay roughly one fifth of one penny per song per listener as a broadcast royalty according to Oxenford.

“Last year we paid nearly $600,000 in royalties for performers and we are a small station,” said Brian Gantman, Government Relations Director for the Education Media Foundation that runs AIR 1 Radio Networks. “Pandora, one of the most popular web radio stations had a loss of $6 million due to the high cost of royalties it had to pay out.”

Sylvia Strobel, Executive Director of the Alliance for Community Media explained that a number of Native American web stations have been forced to shut down due to their inability to pay royalties.

“This is music that wouldn’t get out there if not for these stations, but they just cannot afford to pay the royalties,” Stobel said of these Native stations.

Many musicians have requested that broadcast royalties be extended to the performers since they contributed to the value of the song as much as the writers did. Those in opposition claim that the playing of the songs on the radio acts as a method of promotion for performers who then earn royalties from the sale of records and ticket sales at concerts.

“Of the 30 countries that make up the Organization for Economic Co-operation and Development 29 of them have performance rights,” said John Simson, former Executive Director of SoundExchange. “The United States is the only nation which does not give performers the right to obtain royalties from their performances.”

Gantman went onto say that if Congress passed a broadcast royalty for terrestrial radio, nearly a third of minority owned stations would have to cease operations due to their inability to pay the royalties.

Gantman also responded to Simson’s comment, saying that in many other counties, the governments provide subsidies to the radio broadcaster which allow for the payment of royalties.

Simson acknowledged that radio does act as a method of promotion and some performers may choose to not request a royalty payment but stated that performers should be given the choice.

Many other nations also refuse to remit performance royalties to American performers because the U.S. does not collect such royalties.

“In France while the royalties are collected for the performance the portion of the fee which would be given to the performer is instead given to fund cultural programs,” said Simson. “This leaves millions in revenue which the performers do not collect.

 

Rahul Gaitonde has been writing for BroadbandBreakfast.com since the fall of 2009, and in May of 2010 he became Deputy Editor. He was a fellow at George Mason University’s Long Term Governance Project, a researcher at the International Center for Applied Studies in Information Technology and worked at the National Telecommunications and Information Administration. He holds a Masters of Public Policy from George Mason University, where his research focused on the economic and social benefits of broadband expansion. He has written extensively about Universal Service Fund reform, the Broadband Technology Opportunities Program and the Broadband Data Improvement Act

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Broadband Breakfast on October 20, 2021 — Get Your Share of $75 Billion in Broadband Grants with Broadband.Money

Providers of all sort can line up for their share of $75 billion worth of broadband grant funding.

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Our Broadband Breakfast Live Online events take place on Wednesday at 12 Noon ET. You can watch the October 20, 2021, event on this page. You can also PARTICIPATE in the current Broadband Breakfast Live Online event. REGISTER HERE.

Wednesday, October 20, 2021, 12 Noon ET — “How You Can Find and Win Broadband Grants through Broadband.Money”

Broadband.money makes finding and winning broadband grants easy for busy broadband professionals. In this conversation Drew Clark and Broadband.money’s Jase Wilson discuss how broadband professionals of all kinds can line up for their share of the more than $75 billion worth of broadband grant funding opportunities emerging over the course of the next year. Using a single application that unlocks grant funding from multiple programs in multiple states, the broadband.money app allows grant applicants to pinpoint underserved and unserved areas in their territory. Broadband.money even pairs applicants with private match funding sources where needed.

Whether you want to fuel your own network’s growth, prevent competitors from funding overbuilds in your territory, or learn how you can help your clients fund their network ambitions, be sure to reserve your pre-enrollment spot at broadband.money and don’t miss this must-watch special Broadband Breakfast Live Online!

Panelists:

  • Jase Wilson, Broadband.Money
  • Drew Clark, Broadband Breakfast

Drew Clark is Editor and Publisher of Broadband Breakfast.

Jase Wilson is with Broadband.Money.

WATCH HERE, or on YouTubeTwitter and Facebook

As with all Broadband Breakfast Live Online events, the FREE webcasts will take place at 12 Noon ET on Wednesday.

SUBSCRIBE to the Broadband Breakfast YouTube channel. That way, you will be notified when events go live. Watch on YouTubeTwitter and Facebook

See a complete list of upcoming and past Broadband Breakfast Live Online events.

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Broadband Breakfast on Wednesday, October 13, 2021, at 12 Noon ET — On The Ground at Wispapalooza

At our October 13, 2021, event, we’ll discuss trends toward hybrid technology and government grants by WISPs.

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UPDATE: We’re taking a one-week break from Broadband Breakfast Live Online. Join us next week for our regularly scheduled program!

Our Broadband Breakfast Live Online events take place on Wednesday at 12 Noon ET. You can also PARTICIPATE in the current Broadband Breakfast Live Online event. REGISTER HERE.

Join Broadband Breakfast Live Online for Wednesday, October 13, 2021, “On the Ground at Wispapalooza.” Broadband Breakfast will discuss trends toward hybrid technology and government grants by WISPs. During our October 6, 2021, event, Broadband Breakfast also previewed the trade show.

Wednesday, October 13, 2021, 12 Noon ET — “On the Ground at Wispapalooza”

Wispapalooza 2021, which runs from October 11-October 14, 2021, is back, and it’s bigger than ever. The annual Las Vegas show of the Wireless Internet Service Provider industry, their partners and customers, brings together more than 2,000 WISP community attendees, more than 160 exhibitors displaying their products and services, and more than 90 panels with hundreds of experts helping the WISP ecosystem. Join Broadband Breakfast Editor and Publisher Drew Clark (also Of Counsel at the CommLaw Group and an telecom attorney to many WISP clients) as he interviews WISPS at Wispapalooza for a wide-ranging discussion of the issues and trends to expect from the wireless industry over the next year.

Panelists:

  • Guests have been invited
  • Drew Clark (moderator), Editor and Publisher of Broadband Breakfast

Drew ClarkEditor and Publisher of Broadband Breakfast, also serves as Of Counsel to The CommLaw Group. He has helped fiber-based and fixed wireless providers negotiate telecom leases and fiber IRUs, litigate to operate in the public right of way, and argue regulatory classifications before federal and state authorities. He has also worked with cities on structuring Public-Private Partnerships for better broadband access for their communities. Drew brings experts and practitioners together to advance the benefits provided by broadband. He is also the President of the Rural Telecommunications Congress.

WATCH HERE, or on YouTubeTwitter and Facebook

As with all Broadband Breakfast Live Online events, the FREE webcasts will take place at 12 Noon ET on Wednesday.

SUBSCRIBE to the Broadband Breakfast YouTube channel. That way, you will be notified when events go live. Watch on YouTubeTwitter and Facebook

See a complete list of upcoming and past Broadband Breakfast Live Online events.

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Broadband Breakfast on Wednesday, October 6, 2021, at 12 Noon ET — What’s Happening at Wispapalooza?

The Las Vegas trade show Wispapalooza 2021 is back from October 11-October 14, 2021, and it’s bigger than ever.

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Our Broadband Breakfast Live Online events take place every Wednesday at 12 Noon ET. You can watch the October 6, 2021, event on this page. You can also PARTICIPATE in the current Broadband Breakfast Live Online event. REGISTER HERE.

Join Broadband Breakfast Live Online for Wednesday, October 13, 2021, “On the Ground at Wispapalooza.” Broadband Breakfast will discuss trends toward hybrid technology and government grants by WISPs. During our October 6, 2021, event, Broadband Breakfast also previewed the trade show.

Wednesday, October 6, 2021, 12 Noon ET — “What’s Happening at Wispapalooza?”

Wispapalooza 2021, which runs from October 11-October 14, 2021, is back, and it’s bigger than ever. The annual Las Vegas show of the Wireless Internet Service Provider industry, their partners and customers, brings together more than 2,000 WISP community attendees, more than 160 exhibitors displaying their products and services, and more than 90 panels with hundreds of experts helping the WISP ecosystem. Join WISPA CEO Claude Aiken, local WISP CEO J.J. McGrath, and Broadband Breakfast Editor and Publisher Drew Clark (also Of Counsel at the CommLaw Group and an telecom attorney to many WISP clients), for a wide-ranging discussion of what to expect next week at Wispapalooza.

Panelists:

  • Claude Aiken, CEO, Wireless Internet Service Provider Association
  • J.J. McGrath, CEO of WISP TekWav
  • Other guests have been invited
  • Drew Clark (moderator), Editor and Publisher of Broadband Breakfast

Drew ClarkEditor and Publisher of Broadband Breakfast, also serves as Of Counsel to The CommLaw Group. He has helped fiber-based and fixed wireless providers negotiate telecom leases and fiber IRUs, litigate to operate in the public right of way, and argue regulatory classifications before federal and state authorities. He has also worked with cities on structuring Public-Private Partnerships for better broadband access for their communities. Drew brings experts and practitioners together to advance the benefits provided by broadband. He is also the President of the Rural Telecommunications Congress.

J.J. McGrath, CEO (that stands for “Chief Everything Officer”) of TekWav, has more than 20 years of experience in Information Technology. Because his dad was an engineer at Texas Instruments, J.J. learned a lot at a young age and decided to pursue a career in the industry. Since he has been in the business since 1992, J.J. has successfully navigated many changes and improvements in technology, so he can offer Texoma businesses the latest technology at a competitive price.

Claude Aiken is CEO of the Wireless Internet Service Providers Association (WISPA), an association representing thousands of fixed wireless providers. In the decade prior, Aiken worked at the Federal Communications Commission as an advisor to Chairman Tom Wheeler and Commissioner Mignon Clyburn, as well as in various staff attorney roles and in senior leadership positions in the Wireline Bureau and Office of General Counsel. He graduated from New York Law School as a John Marshall Harlan Scholar specializing in information and technology law.

WATCH HERE, or on YouTubeTwitter and Facebook

As with all Broadband Breakfast Live Online events, the FREE webcasts will take place at 12 Noon ET on Wednesday.

SUBSCRIBE to the Broadband Breakfast YouTube channel. That way, you will be notified when events go live. Watch on YouTubeTwitter and Facebook

See a complete list of upcoming and past Broadband Breakfast Live Online events.

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