Business Intelligence. SQL Server Team Lead [email protected] @PabloDoval PABLO DOVAL.
Christopher Doval, Esq. Don Anque, J.D. Maesea McCalpin B.A.
18
Christopher Doval, Esq. Don Anque, J.D. Maesea McCalpin B.A. The Next Great Copyright Act and the Future of Radio
-
Upload
walter-taylor -
Category
Documents
-
view
219 -
download
0
Transcript of Christopher Doval, Esq. Don Anque, J.D. Maesea McCalpin B.A.
Christopher Doval, Esq.
Don Anque, J.D.
Maesea McCalpin B.A.
The Next Great Copyright Act
and the Future of Radio
Historically copyright law…
Responds to changes
in
technology
Equitable
compensation
Law Outpaced By Technology
Reform/Challenges
Divergent business interests
Today…
Changing Technology
Revolutionized consumption of media
FM growing obsolete
Subscription
Broadcast
Internet Radio
Advent of…
Copyright Act of 1976
Two copyrights per song
Composition VS
Recording
Four exclusive rights
D A
There is a drop shadow here for the top part that is not on the other slides.
Maesea
Tried a different background...will this work?
Right to exclude public performances via digital audio transmission.
Tiers based on:•Mode of broadcast•Business model
Implemented tier system for royalty payments
Subscription Broadcast
Interactive Service
Exempt
Compulsory Licensing Scheme
Direct Negotiations
D A
If you're going to use this headphone pic, try to find a better resolution.
Maesea
I think that fixed it. Let me know
Digital Millennium Copyright Actof 1998
Added fourth tier
801b → Willing buyer willing seller
Allowed pre=existing
companies to maintain original
royalty rate
Changed royalty rates
Webcasters
D A
This is going to be difficult to read with the background.
Maesea
I made the slide darker, let me know if you think that helps or if we need to go with something completely different.
From the Law to the Law Suits…
A Bit of Controversy: The Inno
XM Radio + MP3 Player One touch recording and purchase through napster Marketed and designed to record up to 50 hours of satellite radio
RIAA v XM
RIAA claims:
XM calls AHRA to its defense
Inno: Subscription transmission or interactive service?
Inno violates right to distribution?
Cost of Settlements?
What does RIAA v XM mean for Copyright?
Device has functions of
Legislative barriers to device violate spirit of copyright
Current law cannot encompass device’s functions
Two business models
Two technologies
The Inno and the DMCA
Inno law suit demonstrates inadequacies of DMCA
Unable to accommodate new business models
Unable to anticipate innovation
Inability to overcome divergent interests
Disparities in royalty rates
“The Next Great Copyright Act”Register of Copyrights Maria
Pallantecalls for reformReadability and Clarity
Full public performance right for sound recordings
Review of DMCA
Incidental Copies
Enforcement Strategies
Licensing and royalty disparities
Exceptions and Limitations International Norms
D A
Add a space after each bullet point.
Maesea
Is that spaced out enough to read easily? If not let me know, I'll figure something else out.
Licensing and the Section 115 Reform Act
Addressing the disparity in royalty obligations
IRFAWould have changed online radio services to 801b standard
Sec. 115 Reform ActWould have created a single royalty rate for use by digital audio recordings
801b versus Willing buyer willing seller
Time to revisit these Acts?
Private Licensing Reform
Potential solution for more effective licensing models?
Lack of oversight
Potential for abuse
Downsides?
Circumvents the statutory license
Allow companies to deal directly with copyright holders
Ex. Apple/Warner Collaboration
Other Voices
David O Carson
Argues inequity of current royalty rates under DMCA
John Villasenor
Advocates review of DPRA & DMCA
Calls for full public performance right for recordings
Any questions?
D A
This is graphic is brilliant.
Conclusion
Legislative action for overarching reform is
overdue.
D A
Overall, there should be a unifying theme of colors beacause the transitions from Black to Grey will be similar to a camera flash.
Maesea
I tried to unify the color scheme as much as possible. If there are still slides that you think will cause a problem flag them and I will figure something out to fix it.
