The RIAA needs to put its spin machine on notice that the days of its using the 'taking food out of the mouths of starving artists' against webcasters in the press and on the Hill has now come to an end!
UPDATE
The bill was passed by voice vote:
- Mr. Sensenbrenner moved to suspend the rules and pass the bill, as amended.
2:45 P.M. -
H.R. 5469:
to suspend for a period of 6 months the determination of the Librarian of Congress of July 8, 2002, relating to rates and terms for the digital performance of sound recordings and ephemeral recordings
The title of the measure was amended. Agreed to without objection.
Motion to reconsider laid on the table Agreed to without objection.
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
2:34 P.M. -
DEBATE - The House proceeded with forty minutes of debate on H.R. 5469.
Considered under suspension of the rules.
Mr. Sensenbrenner moved to suspend the rules and pass the bill, as amended
Final language of the bill can be found here. In this final version, it woud appear payments will be made directly to artists and copyright holders, and that the RIAA's bid to act as intermediary has been thwarted.
RAIN discusses matter here:
- The House of Representatives, in a "suspension" vote that bypasses the usual committee process, has just passed H.R. 5469, the bill which amends the copyright law to include the royalty rate compromise reached last night by small commercial webcasters and the record industry.
"The interplay between Berman and Sensenbrenner was really interesting," noted 3WK co-founder Wanda Atkinson, who watched the proceedings on C-SPAN. "Berman acknowledged Sensenbrenner's 'ham-handed- manner of introducing the earlier version of HR 5469, but then indicated he realized that the bill introduction was actually Sensenbrenner's way of forcing webcasters and the RIAA to come to an agreement."
This means the bill now goes to the Senate, where, if it passes, and with a signature from the President, it will become law. It is expected to hit the Senate floor within the next week or so.
The bill specifies that the rate cannot be claimed to be a "willing buyer/willing seller" by participants in any future CARP arbitration. (This should satisfy the NAB's primary concern last week that had them intending to not support the bill because it might be seen as establishing a new "marketplace" rate.)
UPDATE
In a radical plot shift, Michael Roe reports that
- I have just learned from an extremely reliable source that IT WAS NOT the RIAA who interjected the artist issue into the debate that lead to the original language of HR5469 - *rather* it was congressional staffers who wanted these outstanding issues dealt with.
Article comments
1 - no spam
I find the requirement of webcasters to uniquely log all listeners disturbing. I assume they're also required to turn this over to someone or what's the point. The TV networks have lusted over this kind of demographics for decades.
Does this new law supersede the Internet child protection act, or whatever it was called? Which required parental concent before gathering such data?
2 - Eric Olsen
For our slashdotty friends - we have a post today dealing with the Webcaster Alliance suit against the RIAA in the context of all they (RIAA) are doing to make the world a better place.