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AG News: Wednesday - 5/13/2009


Performance Rights Act Passed 21-9 in House Judiciary Committee



Digital Media Association Applauds Judiciary Committee Support of Royalty Parity

Washington, D.C. (May 13, 2009) - Jonathan Potter, Executive Director of the Digital Media Association (DiMA), issued the following statement in response to today's approval of the Performance Rights Act by the House Judiciary Committee:

"For too long there has been a disconnect between royalties paid by different radio platforms - satellite radio, cable radio and Internet radio. Internet radio, the newest, most innovative platform, has suffered terribly as a result of royalty decisions that imposed the highest royalties on the smallest radio industry.

"Today, however, DiMA thanks Chairman Conyers and members of the House Judiciary Committee for affirmatively answering our call for radio royalty parity. This bill has many hurdles between today and enactment, but Chairman Conyers' direction in support of parity is one that all Internet radio services welcome.

"As the Performance Rights Act progresses we hope that parity will be a theme, and that a future amendment will extend to small webcasters the bill's favorable treatment that is currently limited to small broadcasters. As Representative Zoe Lofgren noted during today's Committee meeting, royalties for most small webcasters have been set by judges at levels that exceeded 100% of their revenue. In each instance the result was brought to Congress's attention, and after remedial legislation was sponsored by several dozen Members of Congress the royalties were voluntarily reduced. Our hope is that this legislation will eliminate future small webcaster problems by protecting small webcasters and small broadcasters alike, just as Representative Lofgren urged."

DiMA promotes pro-consumer competitive opportunities for digital media services and technologies. DiMA supports the development and use of responsible measures to protect intellectual property rights; payment of fair and reasonable royalties associated with such rights; and opposes technical and legal barriers that inhibit innovation or adoption of new digital products and services. For more information, visit www.digmedia.org.

















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