Album sales week of 7/31

LW	TW	artist / album		label	power index	% change
1	1	NOW 25		UTV	145,674	-35%
		VARIOUS ARTISTS
4	2	HAIRSPRAY		NEW LINE	101,125	+44%
		ORIGINAL SOUNDTRACK
--	3	PRINCE		COLUMBIA	91,676	--
		PLANET EARTH
2	4	HANNAH MONTANA 2 - MEET MILEY		WALT DISNEY RECORDS	90,243	-20%
		SOUNDTRACK
3	5	T.I.		ATLANTIC/ATL G	65,840	-28%
		T.I. VS. T.I.P.
6	6	FERGIE		A&M/INTERSCOPE	53,525	+8%
		THE DUTCHESS
--	7	SUM 41		ISLAND/IDJMG	45,113	--
		UNDERCLASS HERO
7	8	LINKIN PARK		WARNER BROS.	41,786	-12%
		MINUTES TO MIDNIGHT
8	9	AMY WINEHOUSE		UNIVERSAL REPUBLIC	41,560	-7%
		BACK TO BLACK
21	10	PLAIN WHITE T'S		HOLLYWOOD	39,710	+47%
		EVERY SECOND COUNTS
10	11	BON JOVI		ISLAND	38,655	-8%
		LOST HIGHWAY
9	12	NICKELBACK		ROADRUNNER	38,355	-10%
		ALL THE RIGHT REASONS
16	13	TAYLOR SWIFT		BIG MACHINE	36,409	+7%
		TAYLOR SWIFT
14	14	RIHANNA		DEF JAM/IDJMG	32,589	-7%
		GOOD GIRL GONE BAD
12	15	KELLY CLARKSON		RCA/RMG	30,697	-25%
		MY DECEMBER
18	16	MAROON 5		A&M/OCTONE	29,236	-13%
		IT WON'T BE SOON BEFORE LONG
17	17	BRAD PAISLEY		RCA/RMG	29,137	-14%
		5TH GEAR
15	18	WHITE STRIPES		WARNER BROS.	28,896	-16%
		ICKY THUMP
19	19	T-PAIN		JIVE/ZLG	28,223	-11%
		EPIPHANY
--	20	BILLY RAY CYRUS		WALT DISNEY RECORDS	26,407	--
		HOME AT LAST
13	21	SMASHING PUMPKINS		REPRISE	26,396	-29%
		ZEITGEIST
20	22	AVRIL LAVIGNE		ARISTA/RMG	25,685	-5%
		BEST DAMN THING
--	23	ROBIN THICKE		STAR TRAK/INTERSCOPE	25,027	--
		THE EVOLUTION OF ROBIN THICKE
5	24	COLBIE CAILLAT		UNIVERSAL REPUBLIC	24,199	-54%
		COCO
22	25	DAUGHTRY		RCA/RMG	22,878	-9%
		DAUGHTRY
23	26	HANNAH MONTANA		WALT DISNEY RECORDS	22,831	-2%
		SOUNDTRACK
24	27	MICHAEL BUBLE		REPRISE	22,077	-2%
		CALL ME IRRESPONSIBLE
31	28	CARRIE UNDERWOOD		ARISTA/RMG	21,464	+1%
		SOME HEARTS
33	29	TIMBALAND		INTERSCOPE	21,447	+4%
		TIMBALAND PRESENTS SHOCK VALUE
29	30	TOBY KEITH		SHOW DOG/UNIVERSAL NASH	20,534	-3%
		BIG DOG DADDY
30	31	NE-YO		DEF JAM/IDJMG	20,352	-4%
		BECAUSE OF YOU
38	32	PAUL MCCARTNEY		HEAR MUSIC	19,949	+13%
		MEMORY ALMOST FULL
27	33	FABOLOUS		DEF JAM/IDJMG	19,073	-12%
		FROM NOTHIN' TO SOMETHIN'
25	34	R. KELLY		JIVE/ZLG	18,585	-18%
		DOUBLE UP
35	35	JUSTIN TIMBERLAKE		JIVE/ZLG	18,531	-1%
		FUTURE SEX/LOVE SOUNDS
--	36	YUNG BERG		EPIC	18,213	--
		ALMOST FAMOUS: THE SEXY LADY EP
34	37	TIM MCGRAW		CURB	18,204	-4%
		LET IT GO
--	38	EVANS BLUE		HOLLYWOOD	17,808	--
		THE PURSUIT BEGINS
39	39	BIG & RICH		WARNER BROS. NASHVILLE	17,310	+5%
		BETWEEN RAISING HELL AND AMAZING
32	40	ALY & AJ		HOLLYWOOD	17,200	-17%
		INSOMNIATIC
--	41	HIGH SCHOOL MUSICAL		WALT DISNEY RECORDS	16,968	--
		SOUNDTRACK
26	42	THE POLICE		A&M	16,551	-25%
		THE POLICE
--	43	MARC ANTHONY		SONY BMG LATIN	16,338	--
		EL CANTANTE SOUNDTRACK
--	44	RASCAL FLATTS		LYRIC STREET	15,882	--
		ME AND MY GANG
28	45	VELVET REVOLVER		RCA/RMG	15,578	-27%
		LIBERTAD
11	46	YELLOWCARD		CAPITOL	15,060	-64%
		PAPER WALLS
45	47	GWEN STEFANI		INTERSCOPE	14,804	+4%
		THE SWEET ESCAPE
50	48	BOYS LIKE GIRLS		COLUMBIA	13,814	+3%
		BOYS LIKE GIRLS
47	49	PARAMORE		FUELED BY RAMEN	13,688	+1%
		RIOT!
37	50	INTERPOL		CAPITOL	13,651	-23%
		OUR LOVE TO ADMIRE

The NAB joins internet broadcasters in fight against higher royalties

In Kurt Hanson's RAIN blog, he explains that the National Association of Broadcasters are frustrated with how Sound Exchange is handling the royalty issue as well. The NAB are a powerful ally to have in this fight and I am feeling pretty good about our chances to continue on. Kurt's website is found here http://www.kurthanson.com .

*************************************************************************************

Broadcasters who stream online won't take the new webcast royalty rates lying down, says the NAB in their latest and most forceful statement on the issue which guarantees "unequivocal support" for the Internet Radio Equality Act.

According to a press release, the NAB extended an offer to SoundExchange on June 6 that sought to negotiate a settlement with the record industry group for the NAB's member stations, the terms of which have not been disclosed. According to the NAB, SoundExchange has not responded to that offer.

"We are disappointed by SoundExchange's continued reluctance to respond to the good-faith, reasonable offer put forth by NAB nearly two months ago," said NAB Executive Vice President Dennis Wharton. "NAB will now turn our attention to aggressively advocating in support of Rep. Inslee's legislation to ensure that local radio broadcasters who stream content online are treated fairly."

Since the introduction of the IREA, many webcasters and radio industry figures have openly urged the NAB to take a strong stance in support of the bill. Beginning with a statement on April 30 in which the group pledged to "work with Congress to craft a solution", the NAB has continued to ratchet up their language in public support for the legislation [previous RAIN coverage here].

Today's announcement is joined by a statement from NAB chief David Rehr in response to a question regarding performance royalty for broadcasters posed to President Bush during a recent appearance in Nashville [previous RAIN coverage here].

In a letter to President Bush, Rehr argued that the levying of a performance royalty on AM/FM radio would "upend the long-standing mutually beneficial business relationship that exists today between record labels, recording artists and broadcasters." He also urged the President to speak out against a performance royalty for broadcasters should the question be posed to him again in the future.

Album sales week of 7/23/07

LW	TW	artist / album		label	power index	% change
--	1	NOW 25		UTV	224,469	--
		VARIOUS ARTISTS
3	2	HANNAH MONTANA 2 - MEET MILEY		WALT DISNEY RECORDS	112,202	-9%
		SOUNDTRACK
1	3	T.I.		ATLANTIC/ATL G	91,948	-44%
		T.I. VS. T.I.P.
16	4	HAIRSPRAY		NEW LINE	70,374	+81%
		ORIGINAL SOUNDTRACK
--	5	COLBIE CAILLAT		UNIVERSAL REPUBLIC	52,685	--
		COCO
8	6	FERGIE		A&M/INTERSCOPE	49,508	+1%
		THE DUTCHESS
7	7	LINKIN PARK		WARNER BROS.	47,334	-11%
		MINUTES TO MIDNIGHT
9	8	AMY WINEHOUSE		UNIVERSAL REPUBLIC	44,507	-6%
		BACK TO BLACK
14	9	NICKELBACK		ROADRUNNER	42,407	+2%
		ALL THE RIGHT REASONS
6	10	BON JOVI		ISLAND	41,892	-22%
		LOST HIGHWAY
--	11	YELLOWCARD		CAPITOL	41,770	--
		PAPER WALLS
5	12	KELLY CLARKSON		RCA/RMG	41,183	-34%
		MY DECEMBER
2	13	SMASHING PUMPKINS		REPRISE	37,158	-75%
		ZEITGEIST
19	14	RIHANNA		DEF JAM/IDJMG	35,022	-3%
		GOOD GIRL GONE BAD
12	15	WHITE STRIPES		WARNER BROS.	34,290	-19%
		ICKY THUMP
20	16	TAYLOR SWIFT		BIG MACHINE	34,145	+3%
		TAYLOR SWIFT
17	17	BRAD PAISLEY		RCA/RMG	33,962	-10%
		5TH GEAR
11	18	MAROON 5		A&M/OCTONE	33,537	-24%
		IT WON'T BE SOON BEFORE LONG
18	19	T-PAIN		JIVE/ZLG	31,727	-15%
		EPIPHANY
22	20	AVRIL LAVIGNE		ARISTA/RMG	27,164	-10%
		BEST DAMN THING
31	21	PLAIN WHITE T'S		HOLLYWOOD	27,048	+20%
		EVERY SECOND COUNTS
24	22	DAUGHTRY		RCA/RMG	25,181	-9%
		DAUGHTRY
29	23	HANNAH MONTANA		WALT DISNEY RECORDS	23,311	0%
		SOUNDTRACK
33	24	MICHAEL BUBLE		REPRISE	22,617	+3%
		CALL ME IRRESPONSIBLE
26	25	R. KELLY		JIVE/ZLG	22,554	-15%
		DOUBLE UP
32	26	THE POLICE		A&M	22,012	0%
		THE POLICE
25	27	FABOLOUS		DEF JAM/IDJMG	21,624	-20%
		FROM NOTHIN' TO SOMETHIN'
21	28	VELVET REVOLVER		RCA/RMG	21,361	-35%
		LIBERTAD
28	29	TOBY KEITH		SHOW DOG/UNIVERSAL NASH	21,256	-16%
		BIG DOG DADDY
27	30	NE-YO		DEF JAM/IDJMG	21,178	-16%
		BECAUSE OF YOU
30	31	CARRIE UNDERWOOD		ARISTA/RMG	21,154	-8%
		SOME HEARTS
13	32	ALY & AJ		HOLLYWOOD	20,802	-51%
		INSOMNIATIC
36	33	TIMBALAND		INTERSCOPE	20,580	+7%
		TIMBALAND PRESENTS SHOCK VALUE
38	34	TIM MCGRAW		CURB	18,968	+9%
		LET IT GO
40	35	JUSTIN TIMBERLAKE		JIVE/ZLG	18,647	+8%
		FUTURE SEX/LOVE SOUNDS
10	36	SPOON		MERGE	18,110	-59%
		GA GA GA GA GA
4	37	INTERPOL		CAPITOL	17,688	-75%
		OUR LOVE TO ADMIRE
23	38	PAUL MCCARTNEY		HEAR MUSIC	17,681	-37%
		MEMORY ALMOST FULL
34	39	BIG & RICH		WARNER BROS. NASHVILLE	16,408	-16%
		BETWEEN RAISING HELL AND AMAZING
15	40	KELLY ROWLAND		COLUMBIA	15,708	-60%
		MS. KELLY
35	41	TRANSFORMERS		WARNER BROS.	15,526	-20%
		SOUNDTRACK
39	42	AKON		SRC/UNIVERSAL MOTOWN	15,040	-14%
		KONVICTED
--	43	THE ROCKET SUMMER		ISLAND/IDJMG	14,700	--
		DO YOU FEEL
--	44	ROONEY		GEFFEN	14,660	--
		CALLING THE WORLD
46	45	GWEN STEFANI		INTERSCOPE	14,290	-6%
		THE SWEET ESCAPE
41	46	SHOP BOYZ		UNIVERSAL REPUBLIC	13,959	-17%
		ROCKSTAR MENTALITY
48	47	PARAMORE		FUELED BY RAMEN	13,605	-4%
		RIOT!
43	48	JASON ALDEAN		BROKEN BOW	13,488	-14%
		RELENTLESS
44	49	FALL OUT BOY		ISLAND/IDJMG	13,434	-12%
		INFINITY ON HIGH
--	50	BOYS LIKE GIRLS		COLUMBIA	13,348	--
		BOYS LIKE GIRLS

More info on DRM for internet radio

This is taken from Kurt Hanson's highly informative website found here http://www.kurthanson.com/archive/news/072307/index.shtml

***********************************************************************

SoundExchange spokesperson Richard Ades told RAIN today that, despite press reports to the contrary (see next story, below), his organization's request for “help” with streamripping is not necessarily a demand for DRM-protected streams.

Ades said that his group "[does not] think it's just DRM — we believe that there are a lot of potential technical solutions."

A letter sent by SoundExchange executive director John Simson to DiMA last Friday noted that an offer from the recording industry to cap the $500-per-channel minimum fee was provided that webcasters:

"1. immediately comply with their reporting obligations and move to full census reports of use within 90 days. We will work with services to ensure that reports are done in compliance with CRB rules and regulations; and

2. webcasters agree to Implement technology to prevent streamripping... provided such technology is feasible and is available on reasonable terms."

On that point, Ades noted that, "'feasible' is a very broad term — it doesn't mean just feasible in cost, but acceptable to the consumer as well. We don't know what's going to work."

Ades said that the parties are talking now about how to more clearly define such terms as "feasible" and "reasonable," "but we don't want to negotiate in the press."

Webcasters don't want their music libraries turned into music libraries on a listener's iPod any more than labels want that.

However, most observers (including all of us here at RAIN) feel that if streamripping ever becomes a genuine problem, lower-tech solutions (like adding cross-fades between songs) will be more effective than any form of DRM could ever hope to be.

Album sales week of 7/16/07

LW	TW	artist / album		label	power index	% change
1	1	T.I.		ATLANTIC/ATL G	162,866	-65%
		T.I. VS. T.I.P.
--	2	SMASHING PUMPKINS		REPRISE	146,091	--
		ZEITGEIST
2	3	HANNAH MONTANA 2 - MEET MILEY		WALT DISNEY RECORDS	123,970	-34%
		SOUNDTRACK
--	4	INTERPOL		CAPITOL	69,980	--
		OUR LOVE TO ADMIRE
3	5	KELLY CLARKSON		RCA/RMG	62,791	-46%
		MY DECEMBER
5	6	BON JOVI		ISLAND	53,713	-43%
		LOST HIGHWAY
9	7	LINKIN PARK		WARNER BROS.	53,127	-5%
		MINUTES TO MIDNIGHT
11	8	FERGIE		A&M/INTERSCOPE	48,862	-6%
		THE DUTCHESS
8	9	AMY WINEHOUSE		UNIVERSAL REPUBLIC	47,434	-18%
		BACK TO BLACK
--	10	SPOON		MERGE	44,131	--
		GA GA GA GA GA
12	11	MAROON 5		A&M/OCTONE	44,085	-7%
		IT WON'T BE SOON BEFORE LONG
10	12	WHITE STRIPES		WARNER BROS.	42,543	-22%
		ICKY THUMP
--	13	ALY & AJ		HOLLYWOOD	42,105	--
		INSOMNIATIC
24	14	NICKELBACK		ROADRUNNER	41,763	+53%
		ALL THE RIGHT REASONS
6	15	KELLY ROWLAND		COLUMBIA	38,985	-53%
		MS. KELLY
--	16	HAIRSPRAY		NEW LINE	38,867	--
		ORIGINAL SOUNDTRACK
7	17	BRAD PAISLEY		RCA/RMG	37,545	-44%
		5TH GEAR
13	18	T-PAIN		JIVE/ZLG	37,200	-16%
		EPIPHANY
14	19	RIHANNA		DEF JAM/IDJMG	36,233	-18%
		GOOD GIRL GONE BAD
20	20	TAYLOR SWIFT		BIG MACHINE	33,135	-4%
		TAYLOR SWIFT
4	21	VELVET REVOLVER		RCA/RMG	32,946	-66%
		LIBERTAD
19	22	AVRIL LAVIGNE		ARISTA/RMG	30,196	-13%
		BEST DAMN THING
17	23	PAUL MCCARTNEY		HEAR MUSIC	27,869	-25%
		MEMORY ALMOST FULL
22	24	DAUGHTRY		RCA/RMG	27,616	-12%
		DAUGHTRY
16	25	FABOLOUS		DEF JAM/IDJMG	27,123	-28%
		FROM NOTHIN' TO SOMETHIN'
15	26	R. KELLY		JIVE/ZLG	26,584	-33%
		DOUBLE UP
23	27	NE-YO		DEF JAM/IDJMG	25,350	-14%
		BECAUSE OF YOU
18	28	TOBY KEITH		SHOW DOG/UNIVERSAL NASH	25,234	-32%
		BIG DOG DADDY
31	29	HANNAH MONTANA		WALT DISNEY RECORDS	23,260	+9%
		SOUNDTRACK
25	30	CARRIE UNDERWOOD		ARISTA/RMG	22,901	-15%
		SOME HEARTS
32	31	PLAIN WHITE T'S		HOLLYWOOD	22,605	+12%
		EVERY SECOND COUNTS
26	32	THE POLICE		A&M	22,019	-15%
		THE POLICE
28	33	MICHAEL BUBLE		REPRISE	21,990	-5%
		CALL ME IRRESPONSIBLE
30	34	BIG & RICH		WARNER BROS. NASHVILLE	19,607	-13%
		BETWEEN RAISING HELL AND AMAZING
21	35	TRANSFORMERS		WARNER BROS.	19,464	-42%
		SOUNDTRACK
39	36	TIMBALAND		INTERSCOPE	19,196	+10%
		TIMBALAND PRESENTS SHOCK VALUE
34	37	NOW 24		EMI	18,164	-6%
		VARIOUS ARTISTS
41	38	TIM MCGRAW		CURB	17,470	+2%
		LET IT GO
35	39	AKON		SRC/UNIVERSAL MOTOWN	17,395	-9%
		KONVICTED
33	40	JUSTIN TIMBERLAKE		JIVE/ZLG	17,319	-11%
		FUTURE SEX/LOVE SOUNDS
29	41	SHOP BOYZ		UNIVERSAL REPUBLIC	16,812	-26%
		ROCKSTAR MENTALITY
--	42	BAD RELIGION		EPITAPH	15,980	--
		NEW MAPS OF HELL
37	43	JASON ALDEAN		BROKEN BOW	15,743	-12%
		RELENTLESS
43	44	FALL OUT BOY		ISLAND/IDJMG	15,340	-2%
		INFINITY ON HIGH
--	45	HARRY POTTER...		WARNER BROS.	15,241	--
		SOUNDTRACK
36	46	GWEN STEFANI		INTERSCOPE	15,212	-17%
		THE SWEET ESCAPE
47	47	SARA BAREILLES		EPIC	14,723	0%
		LITTLE VOICE
--	48	PARAMORE		FUELED BY RAMEN	14,159	--
		RIOT!
44	49	LIFEHOUSE		GEFFEN	13,751	-11%
		WHO WE ARE
45	50	RASCAL FLATTS		LYRIC STREET	13,623	-10%
		ME AND MY GANG

My first live music performance

I finally got the chance to play live music at a party over the weekend and here are my videos in order. This was my first time performing live, it was for free and I only used whatever equipment I had and that meant using a karaoke machine for the vocals, which didn't go so well. I sounded like a fuzzy echoey Frankenstein :lol: The first song it wasn't turned up all of the way yet so it's softer and I had to kinda shout and the second band arrived to set up during the last song causing the camera to go out of focus. :lol: Eh, whatever, it was fun and this was the first step to doing it professionally, which is my goal since I've been playing for 22 years. Enjoy :D

Everything Changes by Staind




Patience by Guns N Roses (gotta love the fuzzy whistling :lol: )




Black by Pearl Jam as covered by Aaron Lewis of Staind




Home by Daughtry

What looms for Internet Radio?

As always, the authority on webcasting Kurt Hanson summarizes perfectly the fight to the death of internet radio. I still remain optimistic that a favorable outcome will surface that allows us to keep broadcasting at a reasonable rate. Here is Kurt's great article found at KurtHanson.com

************************************************************************************

BY KURT HANSON
Today, July 16th, was supposed to be the "The Day the Music Died" for Internet radio, had the CRB judges' decision on 2006-10 royalty rates stood firm. But instead, the music is still playing as the parties involved try to reach various negotiated settlements — under the watchful eye of Congress.

At a closed-door "roundtable" meeting last Thursday convened by House Commerce Committee member Rep. Ed Markey, and attended by various representatives of the music industry and certain invited webcasters [RAIN coverage here], the parties were apparently told to work expeditiously toward negotiated solutions that would provide reasonable compensation for copyright owners while keeping the nascent Internet radio industry alive and well.

One highlight of that meeting, confirmed by both sides, was an agreement on a cap to the $500-per-channel minimum set in the CRB decision, setting that rate at a maximum of a service's first 100 channels.

Another highlight was an apparent commitment by the music industry — with top representatives of both SoundExchange and the RIAA in the room — to not go after webcasters for obligations greater than 2000-05 rates for any webcasting done during this period in which negotiations are in progress.

There are so many issues going on here that it might be best to discuss them in an FAQ format:

So, SoundExchange won't sue webcasters?
This may have been a bit of clever language in John Simson's statements to RAIN last Thursday night [ here]. Simson said that SoundExchange wouldn't be suing anyone this week, but the fact is that SoundExchange apparently doesn't have the RIGHT to sue anyone!

In fact, as various lawyers have pointed out over the weekend, enforcement is in the hands of the copyright owners — i.e., the labels. Even in lawsuits when the RIAA seems to be the plaintiff — e.g., vs. Grandma and her progeny — it is actually the labels who have either assigned their rights to the RIAA for purposes of the lawsuit or, more likely, are the named plaintiffs and the RIAA is simply managing the lawsuit with outside counsel.

But the fact that label representatives were also present at the Congressional roundtable certainly would make one feel that they concurred with the spirit of this promise.

All right, so which negotiations are in progress?
The two publicly-announced negotiations are between SoundExchange and two groups of smaller webcasters.

First, we know that SoundExchange is negotiating with the group of Small Commercial Webcasters that was represented in the CRB hearings by lawyer David Oxenford. SX offered in a press release seven weeks ago [ here] to extend the terms of "small webcaster" license from 2000-05 for the 2006-10 period, with some "minor" modifications. (That license allowed a royalty rate of about 12% of revenues for webcasters whose annual revenues were $1.2 million or less.) Those modifications might logically include an increase in the revenues cap so that small webcasters could continue to grow for another five years, plus some mechanism to insure that SX gets some royalties even from webcasters with minimal or ineffective revenue-generating efforts.

Second, we know that SoundExchange is also negotiating with various subgroups of noncommercial webcasters (e.g., NPR member stations and college broadcasters) on a renewal of their last agreement, as proposed in a SX press release six weeks ago [here]. Although the terms of that agreement involve a relatively low royalty rate, they also include reporting requirements that some webcasters find impossible or unwieldy to meet. "We've made some significant progress, for instance, in our negotiations with the Corporation for Public Broadcasting," SoundExchange spokesperson Richard Ades told NewsFactor.com on Friday.

We can also infer that the Commerce committee roundtable has relaunched negotiations between large, Internet-only webcasters as represented by the Digital Media Association (DiMA), as the resolution of the $500-per-channel minimum (which would have worked out to a multi-billion-dollar annual obligation for a webcaster like Pandora) should now allow the parties to focus on the issue of the rates themselves. (Webcasters argue that the CRB decision's annual rate increases, going up to $.0019 per performance by 2010, will destroy any webcaster's business model. One possible solution might be an agreement on an optional percentage-of-revenues royalty rate for large webcasters.)

One possible holdup to the negotiations between SX and DiMA may be two conditions that SX says they put on their acceptance of the 100-station cap on the minimums — better reporting compliance and "help" with the issue of stream-ripping. The second is more problematic: If SoundExchange literally means "help," then webcasters would almost certainly be pleased to work with them, as webcasters don't want their streams "ripped" by consumers either. On the other hand, if "help" is a code word for wanting all Internet radio streams wrapped in mandatory DRM technology, that's quite different, as it would shut down the types of streaming that most consumers want.

(Further, as Wired.com blogger Eliot Van Buskirk notes today, "I don't have data to back this up, but I sincerely doubt that many people are streamripping personalized radio stations. Why bother, when you can just turn on the station again? Besides, there are easier and better ways to download songs, if that's what you want to do.)"

It is also logical that there should be negotiations going on between AM/FM broadcasters who stream and SoundExchange, although the issues involved might be very similar to the ones described above in the DiMA discussions.

"Hobbyists" are not per se represented in these negotiations, as they did not participate as a class in the CRB hearings. However, the smaller ones will benefit if aggregators like Live365 (a DiMA member) survive, and the larger ones would probably benefit from a Small Commercial Webcaster resolution.

So how big a check should I write today?
Officially, the CRB decision is still in force, meaning that "true-up" checks are now officially due to SoundExchange for the period from January 1, 2006, to May 31, 2007. For large webcasters, if the per-channel-minimum is ignored, that's about a 5% increase over what they already paid for 2006... but it's a 44% increase for the months to date of 2007. For small webcasters, the true-up might be 1,000% or more increase and would certainly bankrupt virtually all such operators.

Realistically, based on outcome of the Commerce roundtable, RAIN understands that most webcasters plan to continue to make payments under their 2000-05 rates while the negotiations continue.

SX's remedy against non-payors or underpayors is to get 1.5% per month in interest on underpayments.

And what else is hanging out there?
With the goal of keeping webcasters legal while these negotiations are continuing, H.R. 3015 was introduced last Thursday night in the House of Representatives to delay the effective date of the CRB decision by 60 days [previous RAIN coverage here]. The legislation was introduced by the Chairwoman and Ranking Republican of the House Small Business Committee — Nydia Velasquez (D-NY) and Steve Chabot (R-OH).

And there is still an appeal of the CRB decision under consideration by the U.S. Court of Appeals in Washington, DC. While they denied an emergency stay of the judges' decision last week, the appeals process continues.

But, most importantly, if the current negotiations don't pan out, there is still the looming possibility of the "Internet Radio Equality Act," whereby Congress would change the standard by which the CRB judges make their decisions in the future. The bill also would set a royalty rate for the current five-year period at 7.5% of revenues, which roughly approximates what satellite radio pays for the same royalty.