In March, the Copyright Royalty Board said that it planned to change the method by which Internet broadcasters would pay for royalties from a per-song to a per-listener rate. This, combined with new base fees of $500 for each separate station that a broadcaster managed, would require many Internet radio stations to pay crippling fees to the Copyright Royalty Board that would essentially put them out of business.
National Public Radio attempted to get a rehearing with the CRB, arguing that the decision was an "abuse of discretion," but their appeal was denied less than a month later. Still, the CRB offered a small reprieve from the threat of retroactive fees in May by extending the deadline for retroactive rates from May 15 to July 15. A couple of weeks later, SoundExchange tweaked its requirements so that smaller broadcasters won't have to pay increased royalties until 2010—a decision that was unpopular with SaveNetRadio, which argued that SoundExchange's offer would still punish larger webcasters while ensuring that smaller ones would never see any growth.
Hmm, where does Yahoo want me to go?
In response, thousands of Internet radio stations today are broadcasting static, silence, a message explaining the Day of Silence, or are simply not accessible at all. Yahoo! Music agreed to shut down its roughly 200 Internet broadcast stations in honor of the Day of Silence and only offers links to savenetradio.org. Real Rhapsody displays a message on its site when anyone tries to access its channels, urging readers to visit SaveNetRadio as well. Pandora went so far as to take down its entire web site to offer a message about the Day of Silence, and Live365.com shut down some 10,000 of its Internet radio channels today with a message on its web site asking listeners to contact their senators and representatives about the Internet Radio Equality Act.
Smaller-name broadcasters are participating in the Day of Silence too. LoudCity shut down 500 of its own stations today, and one of my personal favorites, .977 Music, is broadcasting silence as well. There are no 80s hits for me today. Noticeably absent from today's protest is popular Internet broadcaster Last.FM, however, despite the fact that the CBS-owned broadcaster will be required to pay the same fees as the others.
"This 'Day of Silence' is an encore of a successful media event that small webcasters organized on May 1, 2002 in response to a similarly royalty rate ruling from a Copyright Arbitration Royalty Panel (CARP) five years ago," wrote Hanson on his web site. "That event garnered national attention and was subsequently followed by a rate cut by the Librarian of Congress and the passage of the Small Webcaster Settlement Act for the period 1998-2005."
He and other broadcasters hope that the outcome of today's Day of Silence will be just as favorable. The Internet Radio Equality Act was introduced to both the Senate and the House earlier this year, which would overturn the CRB's royalty hikes and instead introduce a more palatable rate of 7.5 percent of total revenues. However, neither entity has yet to vote on the legislation, leaving Internet broadcasters anxious as the July 15 deadline looms.
