89.1, WEMU, observes Internet radio day of silence Tuesday, June 26

WEMU is not providing programming on its web stream today to draw attention to the very real possibility of permanent cessation in the immediate future. The Copyright Royalty Board (CRB) has determined that public radio stations and web casters should be treated the same as commercial broadcasters when charges for playing music on the web are calculated. This approach presents several problems.

Noncommercial broadcasters do not object to paying a fair fee for the right to use music on the web. With every other organization to which broadcast rights are paid, there is a negotiated single annual payment established. In fact, the initial payments were made for this license by a single negotiated annual payment. However, the current CRB rate and the process that is in place and in effect as of July 15 ignores the nature of noncommercial stations, creates uncertainty, and is unduly complex.

Public radio stations are charged by the U.S. Congress to reach as many in our society as possible and to do so responsibly and efficiently. Charging public broadcaster web streamers an increasing amount for successfully fulfilling the mandate of Congress flies in the face of a primary responsibility of public broadcasters.

The currently adopted CRB system would require noncommercial stations to monitor when a listener joined the web stream, when he or she left, what was played during that time (music, talk, nationally licensed music, local waived music), whether the person heard at least 30 seconds of a musical recording that qualified for payment, and then multiply the total number of listeners per play by a payment factor to determine what the station would owe. The logistical nightmare that such a system entails would easily require a substantial investment in equipment and personnel if it were possible to obtain all of this information.

While commercial stations are in the business of providing programs to make money, they have methods that can help off-set the increased costs of streaming on the web. However, public stations are in the business of raising money to produce program. They not only have a different purpose, but they also rightfully lack the same opportunities to make money.

This “National Day of Silence” is intended to draw your attention to this situation. If you would like more information on this matter, please contact Arthur Timko, General Manager, WEMU at atimko@emich.edu. If you have any opinions on this national matter, you may add your voice to the national dialog by contacting your U.S. Representative in Congress.