Copyright Board Denies DiMA Request
Digital media firms were dealt a blow by the Copyright Royalty Board this week when the three-judge panel denied their request to decide whether fees that have historically applied to compact discs and downloads should apply to Web sites that offer music like America Online, Napster and Yahoo. The Digital Media Association, which represents the groups, argued their case before the board late last month.
DiMA believes digital streams are like radio and should only require a performance license. Music publishers have argued that "on demand" or "interactive" offerings are subject to both performance and "mechanical" rights. During the public hearing, Judge William Roberts asked attorney DiMA lawyer Fernando Laguarda why the group waited so long to broach a subject that was "certainly an issue ... going back to at least 2001."
The CRB wrote in its decision that there has been much discussion regarding the term "interactive streaming," which is neither defined nor mentioned in the Copyright Act. Therefore, the panel decided that there was not a "novel material question of substantive law" at issue.
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Intellectual Property
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