CRB Opens the Door on Web IV: The Future of Webcasting Royalty Rates for 2016-2020 Starts Now [telecom]

Posted on CommLawBlog on January 3, 2014 by Kevin Goldberg

| CRB notice suggests possible shift in royalty rate calculation | method, replacing per-performance mechanism with percentage- | of-revenue approach. | | The Copyright Royalty Board (CRB) has started on its | quinquennial chore of establishing copyright royalty rates | applicable to various non-interactive webcasters. While the | to-be-determined rates won't kick in for another two years - | they will apply to the period January 1, 2016-December 31, | 2020 - the CRB is required by Congress to get the ball rolling | by January 5, 2014, and the CRB has gotten itself in under the | wire with a notice in the January 3 Federal Register inviting | public participation in a new proceeding (dubbed "Web IV" by | the CRB). | | Web IV will set the rates for eligible nonsubscription and new | subscription services (most of our readers, including just | about all broadcasters engaged in webcasting, fall into the | former). And while the rate structure currently in place for | the 2011-2015 term has been relatively complaint- and | controversy-free, the CRB's notice suggests that the CRB may | be looking to take rate calculations in a different direction. | Rather than simply hit "repeat" and stick with the per- | performance basis for rates all players have lived with for | more than five years already, the CRB appears to have a | percentage-of-revenue model in mind. At least that's one | possible reading of the questions laid out for comment by the | CRB.

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Yep, it's that same Copyright Royalty Board I mentioned in my December 30 post "D.C. Circuit Rejects Challenge to Sunsetting of Viewability Rule" linked here:

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Neal McLain

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Neal McLain
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