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 | Court denied apppeals ( InterNet Radio USA ) |
The U.S. Court of Appeals for the D.C. Circuit has denied webcasters' "Motion to Stay" the new webcast royalty rates, further dimming Internet radio's hopes against crushing fees going into effect Sunday, July 15th. On May 30th, various groups representing webcasters filed an appeal of the Copyright Royalty Board's March 2nd determination on the rates webcasters pay to play copyright music on the Internet.
At that time, DiMA (the Digital Media Association, representing large webcasters), small webcasters, and NPR (National Public Radio) also filed "Motions for Stay," requesting the Court place a hold on the CRB's decision while the appeal progresses (reported in RAIN here).
The Department of Justice (which represents the CRB in defending their decision) and SoundExchange each filed oppositions to the Motion for Stay. (Attorney David Oxenford has more detail on the "Motion for Stay" arguments in his Broadcast Law Blog.)
The parties didn't meet the high burden necessary to establish that a stay should be granted, which include a "likelihood of success on the merits." (In other words, you have to convince the court that you are going to win before you even file your brief or have an argument.)
It is our understanding that following the defeat of the Motion to Stay petition, SaveNetRadio.org is directing webcasters, artists, labels, and listeners to contact all members of Congress to urge support for immediate action to bring the Internet Radio Equality Act (H.R. 2060 and S. 1353) to the floor for a vote. We want a vote on the floor asap Now what massive show of power would that be if every country flooded the U.S. embassies with calls on this http://www.embassy.org/embassies/ One world One voice One goal Unless congress acts by July 15th, it is the end of the road for Internet radio.
If you think you have no voice because you don't live in the US then call you U.S. Embassy. Here is access to those places: http://www.embassy.org/embassies/
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