Welcome to the end of internet radio. I don’t buy top 40 albums, and I certainly don’t listen to the radio stations on offer in NYC. The US government has decided that webcasting music is the equivalent of publishing, so that a webcast station is now subject to royalties and publishing fees, unlike radio broadcasts, which are only subject to the former.
Here is the homepage of Save Internet Radio, and here is a 90-second version that explains what’s going on. For more information, I recommend reading the relevant articles on slashdot, Plastic and kuro5hin.
I think one of the important points to make here is that even broadcasters like soma fm or Tag’s Trance Trip that rarely play RIAA-associated musicians, will still be subject to the fees. The RIAA’s position is that they will sue anyone who doesn’t pay, and it will be up to the “victim” to document and prove that they don’t play any music that has fees attached.
This ruling is also retroactive to 1998. Webcasters can be present with a bill for the last four years if the RIAA so desires.
One other nice item contained in the DMCA that our lovely congress and president (Clinton) passed in 1998, just as an example of how stupid politicians can be: It is illegal to play more than 3 songs by the same artist in 2 hours. Radio stations that broadcast over the air and online can’t play a full album anymore. They can do it on their radio broadcast, but they have to replace it with something else for the online stream. If you have a web station and want to play an hour of John Lennon’s music on the anniversary of his death, you can’t. It’s illegal.
If you can find the MP3s on Kazaa or Limewire, do it. If you can buy it at a used CD store, do it. Remember: many of those “indy” labels are still owned by one of the biggies. Here is RIAA’s own members list.
