How much do I have to pay for the statutory license to perform copyrighted recordings?
The new law does not set forth an explicit amount or rate for the statutory license. Rather, it provides owners of sound recording copyrights with the opportunity to negotiate with webcasters to set the rate. If no rate is agreed upon, an arbitration proceeding will be instituted to establish the rate. Once established, the rate will apply retroactively to all webcasting that took place since October 28, 1998, and webcasters will have to pay royalties for all such transmissions of recordings. The rates that are set will apply through December 31, 2000. It must be emphasized that this statutory license fee for performances of copyrighted recordings is in addition to the above-mentioned fees that must be paid to BMI, ASCAP and SESAC for the public performance of the underlying musical compositions via Internet transmissions.
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