Jon Potter, Digital Media Association
Michael Petricone, CEA
Steve Marks, RIAA
David Israelite, NARM
Gary Greenstein, Wilson, Sonsini

Potter: Yes. Major differences in magnitudes of payment fees incurred by different competitors.  Limit the statutory damages, and prove actual damages.  None of us are price setters anymore.

As with Gerd: Potter says that companies that try to use music as a first play will be sued, which is why they do it as a secondary or tertiary play. 

Petricone: Chilling effect on innovation.  Must protect fair use rights.

Israelite: Songwriters must be paid, per an earlier agreement.  Also, every other country in the world pays a blended rate (mechanical and performance)

Marks: This whole thing is an economic issue

Funny, but I’m assuming the pros and the cons are sitting on opposite sides

Rich from A2IM (question from audience): A consensus is forming that the CRB rates are too high.  My question: When will that consensus form some kind of action?

Final thoughts: This was a highly charged discussion.  More time needed to really explore this tension between innovation and compensation.  Ironic that the established record business desperately needs indies but, particularly in the case of internet radio, current copyright law is stifling a huge avenue for exposure and music discovery.  It’s not clear that the majors are seeing this need.

Off to lunch now.  Hopefully, I can find a place to charge the computer.

Posted by Rob Fields