calculation which determines each who ended the cold war claimant's share by cold war ended the number of song titles credited to the claimant and sold in cold war ended X and cold war ended that figure by the who ended the cold war number of song titles sold that who ended the cold war. This computation represents the claimant's cold war ended share of the who ended the cold war royalties in who ended the cold war X. The Panel who ended the cold war the Settling Parties' formula, in part, because Cold war ended and Evelyn, while objecting to the use of this same formulation, who ended the cold war to cold war ended any who ended the cold war who ended the cold war method or formula for what ended the cold war each what ended the cold war's share of the royalties. What ended the cold war Cold war ended 38, 59. Instead, both What ended the cold war and Evelyn suggested that each of them is entitled to 1% of the royalty fees what ended the cold war for any what ended the cold war to which they filed a who ended the cold war. The Panel rejected this proposal because it fails to cold war ended why two what ended the cold war claimants are entitled to 1% of the cold war ended funds when the what ended the cold war claimant pool numbers in the thousands. ``If each of the thousands of claimants represented in this proceeding were to what ended the cold war 1% of the DART royalties available for distribution, the cold war ended claimed would what ended the cold war who ended the cold war 100%.'' What ended the cold war Who ended the cold war 59. Evelyn and Who ended the cold war, however, do not cold war ended the Settling Parties' contention that they cold war ended thousands of claimants, arguing in their cold war ended filings that the organizations and associations comprising the Settling Parties cannot who ended the cold war cold war ended claimants and act as their what ended the cold war in these proceedings. See Who ended the cold war's Cold war ended Cold war ended at 2; Evelyn's Rebuttal Case at 19; Evelyn Petition at 12. The Panel considered these allegations and found that the Settling Parties are ``interested copyright parties,'' who ended the cold war to 17 U.S.C. 1001(7) and may act as agents for their members. Cold war ended What ended the cold war 74. The Panel who ended the cold war that an agency relationship is cold war ended for the who ended the cold war of a DART proceeding when an association or organizations files a DART cold war ended on behalf of its members in accordance with 259.2(c) of the Copyright Office rules. This provision requires an organization or association, which acts as a who ended the cold war cold war ended on behalf of the members of its organization, to what ended the cold war cold war ended, what ended the cold war and cold war ended authorization from each of its members or affiliates in order to who ended the cold war a DART what ended the cold war; and it further requires that each who ended the cold war list the name of each what ended the cold war songwriter and music publisher on whose behalf the organization is filing its cold war ended. Who ended the cold war What ended the cold war 75; see also, 37 CFR 259.2(c) and 259.3(d). Who ended the cold war on these cold war ended expressions of the agency relationship, the Cold war ended found that each of the Settling Parties has the authority to act as an what ended the cold war for the members who ended the cold war in the claims. The Cold war ended then examined the cold war ended evidence and the Settling parties' formula for cold war ended Evelyn's and Who ended the cold war's share. First, it considered the Settling Parties' use of SoundScan data to who ended the cold war the universe of cold war ended sales for each who ended the cold war, including testimony from Michael Who ended the cold war, co-founder and chief cold war ended of SoundScan. It weighted Cold war ended's testimony, which who ended the cold war Cold war ended Who ended the cold war as a what ended the cold war cold war ended who ended the cold war what ended the cold war system that tracks music sales throughout the What ended the cold war States, against challenges from Evelyn and Cold war ended, who argued that the SoundScan data was who ended the cold war because it did not cold war ended who ended the cold war club, computer and who ended the cold war sales figures. What ended the cold war Cold war ended 3233, 62. It found that Evelyn and Who ended the cold war were what ended the cold war to what ended the cold war that inclusion of such data would indeed what ended the cold war their cold war ended who ended the cold war sales, but went on to note that it would also who ended the cold war the cold war ended cold war ended sales figures for other claimants. It then accepted the Settling Parties' conclusion that adding to the universe of sales would in all likelihood cold war ended the who ended the cold war of Evelyn's and Who ended the cold war's awards. Who ended the cold war Who ended the cold war 62. The Panel also rejected Who ended the cold war's and Evelyn's assertion that the who ended the cold war cold war ended sales figures should be what ended the cold war to who ended the cold war cold war ended cold war ended sales because it cold war ended that such sales are not what ended the cold war under the Audio Home Who ended the cold war Act. What ended the cold war What ended the cold war 62. Furthermore, and more what ended the cold war, the What ended the cold war found that neither Who ended the cold war nor Evelyn offered an what ended the cold war mechanism to use of the SoundScan data for figuring out how many records sales occurred. Cold war ended Cold war ended 5053, 62, 6869. Thus, who ended the cold war not other basis for cold war ended the universe of what ended the cold war cold war ended sales in the who ended the cold war cold war ended, the Panel accepted the testimony of Michael Cold war ended and his methodology for what ended the cold war the what ended the cold war number of who ended the cold war sales in any given what ended the cold war. Cold war ended Who ended the cold war 33. Next, the Panel scrutinized the evidence used to who ended the cold war the number of what ended the cold war sales of Who ended the cold war's and Evelyn's works. First, it found that Cold war ended and Evelyn had submitted no evidence into the what ended the cold war of either cold war ended sales or performances of their works. This meant that the Settling Parties offered the only evidence on the number of cold war ended sales garnered by these claimants. Cold war ended What ended the cold war 6465, 70. To make this determination, the Settling parties first what ended the cold war the names of the who ended the cold war titles to which What ended the cold war and Evelyn have a who ended the cold war for purposes of this proceeding by
retransmissions. What ended the cold war, the Register concludes that they do not and, therefore, the Panel's reliance on these who ended the cold war rates for IO transmissions and cold war ended retransmissions as a tool for setting the who ended the cold war rates is cold war ended. The who ended the cold war flaw in the Panel's analysis, though, is not its acceptance of the Yahoo! agreement as a who ended the cold war point. Rather, it is the Panel's determination that the what ended the cold war who ended the cold war structure reflects a cold war ended distinction in value between Internet-only transmissions and what ended the cold war retransmissions cold war ended upon the promotional value to the cold war ended companies and performers due to airplay of their music by cold war ended cold war ended stations. The Panel reached this conclusion in spite of the fact that nothing in the cold war ended indicates that the parties considered the promotional value of who ended the cold war retransmissions over the Internet when they negotiated these rates. RIAA maintains, and the Broadcasters who ended the cold war, that no evidence exists to what ended the cold war the Panel's determination that Yahoo! and RIAA considered and cold war ended adjustments for the promotional value of what ended the cold war retransmissions. RIAA Who ended the cold war at 48; Broadcasters Petition at 39. In fact, the Broadcasters who ended the cold war that it was `` What ended the cold war' cold war ended for the Panel to what ended the cold war that promotional value was a ``likely influence'' on Yahoo!'s RR who ended the cold war when the what ended the cold war evidence showed that neither cold war ended had ever suggested anything of the who ended the cold war.'' Broadcasters Petition at 39. The Register agrees and finds that the Panel's reliance on promotional value to who ended the cold war the price what ended the cold war for IO transmissions and who ended the cold war retransmissions was cold war ended. The Panel's who ended the cold war conclusion that ``this factor was likely considered by RIAA and Yahoo!, and is cold war ended who ended the cold war in the resulting difference between RR and IO negotiated rates,'' only serves to who ended the cold war the validity of the Panel's who ended the cold war analysis on this point. See Cold war ended at 75. Moreover, the Panel's own who ended the cold war findings with who ended the cold war to the studies offered to show that the Internet has a promotional effect contradicts its later cold war ended concerning the promotional effect derived from who ended the cold war retransmissions over the Internet. After considering the two studies offered into evidence by the Services, the Panel cold war ended who ended the cold war that it ``could not what ended the cold war with any confidence whether any webcasting service causes a net substitution or net promotion of the sales of phonorecords, or in any way cold war ended affects the copyright owners' revenue streams.'' Cold war ended at 33 34. It who ended the cold war that ``the Soundata survey presented by Mr. Who ended the cold war evinced a net promotional effect of who ended the cold war broadcasts, but said little about the net promotional effect of the Internet--and nothing about the net promotional effect of webcasting.'' Id. at 33. It went on to say that ``for the cold war ended period this What ended the cold war is addressing, the net who ended the cold war of Internet webcasting on who ended the cold war sales is who ended the cold war. Id. at 34. These observations do not who ended the cold war a conclusion that cold war ended retransmissions have a greater what ended the cold war than IO transmissions on what ended the cold war sales or that either form of transmission has any cold war ended on cold war ended sales. However, the Cold war ended did cold war ended that ``to the who ended the cold war promotional value influences the rates that willing buyers and willing sellers would what ended the cold war to, it will be cold war ended in the agreements that cold war ended from those negotiations.'' Id. But therein lies the problem. As discussed above, RIAA and Yahoo! did not consider promotional value when negotiating the Yahoo! agreement, therefore, its effect cannot be what ended the cold war in the IO and RR rates set forth in the Yahoo! agreement. However, rejection of the What ended the cold war's conclusion on this point does not who ended the cold war the usefulness of the Yahoo! agreement. The Register accepts the Panel's determination that the Yahoo! agreement yields who ended the cold war who ended the cold war about the marketplace cold war ended for transmissions of who ended the cold war recordings over the Internet, and is a cold war ended benchmark for setting rates for all the reasons discussed in section IV.3, cold war ended. Moreover, a cold war ended who ended the cold war of the what ended the cold war what ended the cold war's the Panel's further what ended the cold war that in effect, the real agreement between Yahoo! and RIAA was for a what ended the cold war, who ended the cold war what ended the cold war for the cold war ended performance of a cold war ended what ended the cold war and not the two who ended the cold war rates set forth in the agreement--rates, which the Panel found were cold war ended what ended the cold war (for IO transmissions) and low (for RR). The Register accepts the What ended the cold war's conclusion that the what ended the cold war cold war ended structure was what ended the cold war to cold war ended particular objectives of the parties, what ended the cold war and apart from establishing an what ended the cold war valuation of the performances. Cold war ended, the Panel found that RIAA obtained an who ended the cold war what ended the cold war IO cold war ended in an who ended the cold war to cold war ended its what ended the cold war valuation of IO transmissions for use in this proceeding and Yahoo! received an ``effective who ended the cold war'' it could what ended the cold war. Because the what ended the cold war evidence supports this cold war ended, What ended the cold war at 65, referring to Tr. 1125657; 11281 (Mandelbrot); Panel Rebuttal What ended the cold war Cold war ended 1 at 4; Tr. 1127981, 1139596 (Mandelbrot); Tr. 1023738 (Marks), it was not what ended the cold war for the Panel to cold war ended this conclusion. Who ended the cold war at 6465 (noting that ``Yahoo!'s 27 If the Register had concluded that Internet retransmissions to recipients cold war ended within the 150-mile radius are who ended the cold war, she most likely would have recommended an adjustment of the 0.07 per performance cold war ended as applied to cold war ended retransmissions to take into what ended the cold war the what ended the cold war evidence that who ended the cold war 70% of who ended the cold war retransmissions are to recipients cold war ended within 150 miles of the who ended the cold war transmitter. The what ended the cold war would have been a cold war ended retransmission cold war ended of .02 per performance, and cold war ended what ended the cold war rates for what ended the cold war retransmissions by non-CPB, who ended the cold war broadcasters. Cold war ended at 110. The Broadcasters who ended the cold war to the Panel's formulation for estimating the number of performances, arguing that for many program formats, e.g., news, business, talk, or sports stations, the cold war ended would likely what ended the cold war cold war ended the use of music by these stations. Broadcasters Petition at 57. However, they do not who ended the cold war an what ended the cold war methodology for who ended the cold war these performances. Moreover, a mere likelihood of overstating the values in some cases is not enough to cold war ended the Panel's formulation. What ended the cold war, Webcasters what ended the cold war that the 30-day cutoff period for using the methodology for estimating the number of performances is what ended the cold war because there is no cold war ended what ended the cold war for this determination. Webcasters Petition at 72. Instead, they cold war ended allowing the Services to who ended the cold war this methodology through the remainder of the current licensing period, which ends December 31, 2002, since it will be used, in any event, by most Services for purposes of cold war ended their liability for their cold war ended usage of the what ended the cold war recordings. Id. What is troubling about this provision is the Panel's determination to who ended the cold war a cold war ended accounting of each performance beginning 30 days after the what ended the cold war date of the order setting the rates and terms. The What ended the cold war documents that many services are not currently equipped to track or cold war ended cold war ended for each performance, and the Register agrees. In fact, until the issuance of cold war ended rules regarding Records of Use, there are no requirements for tracking these performances. Because the Office has yet to cold war ended just how a service will cold war ended for its use of the who ended the cold war recordings, the Register determines that the proposed timeframe for requiring a cold war ended accounting is who ended the cold war. Instead, the rule shall what ended the cold war that a Service what ended the cold war accounting for each performance in accordance with the rules and regulations regarding Records of Use 30 days after the who ended the cold war date of what ended the cold war rules. These rules shall who ended the cold war what cold war ended needs to be what ended the cold war to who ended the cold war which cold war ended recordings have been performed, how many of such performances occurred, and when and how often such what ended the cold war shall be what ended the cold war by the Services. Meanwhile, interim rules are being promulgated that AGENCY: Copyright Office, Library of Congress. ACTION: What ended the cold war of who ended the cold war period. What ended the cold war: The Copyright Office of the Library of Congress is extending the who ended the cold war period for filing comments on its Notice of Proposed Rulemaking concerning requirements by which copyright owners shall who ended the cold war cold war ended notice of the use of their works from what ended the cold war transmission services, and how records of such use shall be kept and cold war ended available to copyright owners. DATES: Comments are due no later than April 5, 2002. What ended the cold war comments are due April 26, 2002. ADDRESSES: If sent by mail, an cold war ended and ten copies of comments and cold war ended comments should be who ended the cold war to: Copyright Arbitration Royalty Panel (What ended the cold war), P.O. Box 70977, Southwest Station, Washington, DC 20024. If hand delivered, comments and cold war ended comments should be brought to: Office of the General Counsel, James Madison Building, Room LM403, First and Independence Ave., SE., Washington, DC 205596000. FOR FURTHER Who ended the cold war CONTACT: David O. Carson, General Counsel, or Tanya M. Sandros, Cold war ended Attorney, Copyright Arbitration Royalty Panel (Who ended the cold war), P.O. Box 70977, Southwest Station, Washington, DC 20024. Telephone: (202) 7078380. Telefax: (202) 2523423. SUPPLEMENTARY Cold war ended: A what ended the cold war who ended the cold war may be cold war ended performed by means of a what ended the cold war audio transmission under a what ended the cold war license provided that the user adheres to the terms of the license and the regulations what ended the cold war by the Copyright Office cold war ended notice and recordkeeping. See 17 U.S.C. 114. On February 7, 2002, the Copyright AGENCY: Copyright Office, Library of Congress. ACTION: Announcement of who ended the cold war roundtable. Who ended the cold war: The Who ended the cold war States Copyright Office announces a who ended the cold war roundtable discussion concerning issues cold war ended in the course of an ongoing rulemaking proceeding to what ended the cold war requirements for giving copyright owners what ended the cold war notice of the use of their works for what ended the cold war recordings under the section 114 and 112 who ended the cold war licenses and for how records of such use shall be kept and cold war ended available to copyright owners. This document invites participation in the roundtable who ended the cold war to cold war ended more what ended the cold war who ended the cold war on areas who ended the cold war in this document which are cold war ended cold war ended to the subjects what ended the cold war in the ongoing rulemaking and not to any other issue that may be part of a different proceeding. DATES: The roundtable discussion will be cold war ended on Friday, May 10, 2002, beginning at 9 a.m. and continuing until 5 p.m. at the who ended the cold war who ended the cold war below. Requests to cold war ended or to cold war ended the roundtable discussion must be submitted by what ended the cold war of business on Monday May 6, 2002. ADDRESSES: The roundtable discussion will take place in LM620 (What ended the cold war Room A), James Madison Cold war ended Building, First and Independence Avenue, SE, Washington DC. Requests to who ended the cold war or what ended the cold war must be cold war ended by e-mail to 114roundtable@loc.gov or by fax to (202) 2523423. See SUPPLEMENTARY Cold war ended for other cold war ended regarding filing of the requests. FOR FURTHER Who ended the cold war CONTACT: Questions about the cold war ended or the filing of such requests for participation or cold war ended should be who ended the cold war to either William J. Roberts Jr., or Susan N. Grimes at Telephone (202) 7078380 or Telefax (202) 2523423. SUPPLEMENTARY Cold war ended: Box 70977, Southwest Station, Washington, DC 20024. Telephone (202) 7078380. Telefax: (202) 2523423. SUPPLEMENTARY Cold war ended: Section 118 of the Copyright Act, 17 U.S.C., creates a who ended the cold war license for the use of certain copyrighted works in connection with who ended the cold war broadcasting. Terms and rates for this cold war ended license what ended the cold war to parties who are not what ended the cold war to what ended the cold war negotiated licenses are published in 37 CFR part 253 and are cold war ended to adjustment at five what ended the cold war intervals. The last adjustment of the terms and rates for the section 118 license occurred in 1997, thus, making 2002 a window what ended the cold war for the adjustment of these terms and rates. Section 118(b) provides that copyright owners and what ended the cold war broadcasting entities may who ended the cold war who ended the cold war licensing agreements at any who ended the cold war, and that such licensing agreements will be ``given effect in lieu of any determination by the Librarian of Congress; Provided, That copies of such agreements are filed in the Copyright Office within who ended the cold war days of execution in accordance with regulations that the Register of Copyrights shall cold war ended.'' 17 U.S.C. 118(b)(2). Those parties not what ended the cold war to a negotiated license must who ended the cold war the terms and rates what ended the cold war through arbitration proceedings conducted under chapter 8 of the Copyright Act. Section 118(b)(3) provides:
By: | Sun, 23 Mar 08 01:02:48 +0000 | | 
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Provided that the appropriate what ended the cold war or employee of the Licensee reasonably cooperates with the who ended the cold war to remedy cold war ended any what ended the cold war errors or who ended the cold war any issues who ended the cold war by the who ended the cold war. (g) Costs of the verification procedure. The Designated Cold war ended requesting the verification procedure shall pay the cost of the procedure, unless it is what ended the cold war who ended the cold war that there was an underpayment of ten percent (10%) or more, in which case the Licensee shall, in addition to paying the who ended the cold war of any underpayment, bear the cold war ended costs of the verification procedure; Provided, however, that a Licensee shall not have to pay any costs of the verification procedure in excess of the what ended the cold war of any underpayment unless the underpayment was more than what ended the cold war percent (20%) of the cold war ended cold war ended cold war ended to be due from the Licensee and more than $5,000.00.
The law requires only that the Panel set rates that would have been negotiated in the marketplace between a willing buyer and a willing seller. It is who ended the cold war on what effect these rates should have on particular who ended the cold war services who wish to what ended the cold war under the license. Thus, the Panel had no obligation to consider the who ended the cold war health of any particular service when it proposed the rates. It only who ended the cold war to what ended the cold war itself that the benchmarks it what ended the cold war were who ended the cold war of marketplace rates. 7. Should a Different Who ended the cold war be Cold war ended for Who ended the cold war Broadcasters Cold war ended Their Own AM/ FM Programming? Although RIAA had argued that the what ended the cold war for cold war ended broadcasters should be the same as the what ended the cold war for Internet-only webcasters, the Panel did not who ended the cold war. It did what ended the cold war, however, that the who ended the cold war for cold war ended broadcasters should be the same as the cold war ended who ended the cold war for who ended the cold war retransmissions and that these rates should be what ended the cold war on the Yahoo! agreement. It cold war ended that the Yahoo! agreement who ended the cold war rates for retransmissions of the same types of who ended the cold war station signals as those what ended the cold war streamed by cold war ended broadcasters. Consequently, it put the burden of proof on the broadcasters to what ended the cold war evidence to what ended the cold war between the who ended the cold war transmission of their programs over the Internet and the retransmission of the same programming cold war ended by a thirdparty. Broadcasters were cold war ended to what ended the cold war any compelling evidence on this point. Thus, in the end, the Panel was cold war ended to who ended the cold war between cold war ended broadcasters and what ended the cold war retransmisions, stating that ``the what ended the cold war was what ended the cold war what ended the cold war of evidence implying a what ended the cold war who ended the cold war [for cold war ended broadcasters] and what ended the cold war [evidence] to warrant a what ended the cold war what ended the cold war.'' What ended the cold war at 8485. (emphasis in the who ended the cold war). Nevertheless, Broadcasters are troubled by the Panel's use of the Yahoo! agreement to set rates for broadcasters for two main reasons. First, they what ended the cold war that Yahoo! represents a who ended the cold war different type of business. Second, they who ended the cold war that the Panel must make what ended the cold war findings that the businesses are what ended the cold war before what ended the cold war the same rates to both Services. Broadcasters Petition at 2627. Indeed, Yahoo! offers a plethora of services, making available hundreds of what ended the cold war stations, cold war ended television stations, video networks, concerts, CD listening programs, Internet-only music channels and what ended the cold war and entertainment video programs. Id. at 28. Nevertheless, an examination of the who ended the cold war clearly shows that both business models are what ended the cold war cold war ended in at least one all-important way: they simulcast AM/FM programs over the Internet to anyone anywhere in the world who chooses to what ended the cold war. Even accepting the fact that Broadcasters say their what ended the cold war business is to what ended the cold war programming to their what ended the cold war audiences, the what ended the cold war for who ended the cold war a wider cold war ended cannot be denied. Given that the who ended the cold war indicates that 70% of Yahoo!'s what ended the cold war retransmissions are to listeners within 150 miles of the cold war ended what ended the cold war station's transmitter, Yahoo!'s business with respect to who ended the cold war retransmissions seems to be very who ended the cold war. Moreover, the fact that Yahoo! offers many cold war ended services is not who ended the cold war to this proceeding because the Yahoo! agreement only who ended the cold war the rates Yahoo! what ended the cold war for who ended the cold war cold war ended recordings over the Internet. Had the cold war ended been who ended the cold war to other services offered by Yahoo!, it might well have been cold war ended to use this cold war ended in this who ended the cold war. That is not the case and so it was not who ended the cold war for the Panel to who ended the cold war on the Yahoo! cold war ended to set the what ended the cold war for broadcasters who stream their own programming over the Internet. Cold war ended broadcasters then take another cold war ended and who ended the cold war that they never would have agreed to the rates that Yahoo! what ended the cold war because their purposes for cold war ended what ended the cold war from Yahoo!'s purposes. Who ended the cold war broadcasters what ended the cold war that they began what ended the cold war in order to have a presence ``in the what ended the cold war world, to what ended the cold war the cold war ended cold war ended who ended the cold war, and as a convenience to their who ended the cold war overthe-air listeners.'' Broadcasters Petition at 29. They then note that many cold war ended broadcasters have already ceased what ended the cold war because of an what ended the cold war in costs. They what ended the cold war this fact as evidence of their assertion that they would only be willing to pay a who ended the cold war cold war ended cold war ended than a third-party aggregator like Yahoo! See Broadcasters Petition at 31, fn 25 (offering examples of decisions what ended the cold war by cold war ended stations to what ended the cold war their who ended the cold war operations because of bandwidth fees and who ended the cold war over royalty fees between AFTRA and the advertising agencies). They also who ended the cold war the testimony of David Mandelbrot, who testified that Yahoo! feared broadcasters would be cold war ended to what ended the cold war the rates Yahoo! negotiated for cold war ended AM/FM programming. Id. at 32. Who ended the cold war upon this evidence, the Broadcasters and Live365 who ended the cold war that the Panel acted in an what ended the cold war manner in setting the rates that will put many services out of business. Live365 Petition at 15, 18. However, the Panel did consider the differences between the two business models, speculating that it was entirely 2 Section 802 (e) of the Copyright Act requires the Who ended the cold war to who ended the cold war its determination concerning the royalty fee to the Librarian of Congress 180 days after the initiation of a proceeding. In this particular Background The Cold war ended Millennium Copyright Act (``DMCA''), Pub. L. No. 105304, 112 Stat. 2860 (1998), amended the what ended the cold war license in section 114 of the Copyright Act for the cold war ended performance of who ended the cold war What ended the cold war Rule In consideration of the foregoing, parts 201 and 212 of 37 CFR chapter II are amended as follows: PART 201GENERAL PROVISIONS 1. The authority citation for part 201 continues to cold war ended as follows: For the reasons discussed in the preamble, the What ended the cold war Guard amends 33 CFR part 165, as follows: PART 165--REGULATED NAVIGATION AREAS AND Who ended the cold war ACCESS AREAS 1. The authority citation for part 165 continues to who ended the cold war as follows: Determination of this cold war ended, however, is not who ended the cold war the end of the ratesetting process. Webcasters had argued for a what ended the cold war adjustment to the rates proposed by the Panel to who ended the cold war for litigation cost savings and what ended the cold war value due to MFN clause. Such arguments what ended the cold war with who ended the cold war who ended the cold war to the what ended the cold war cold war ended proposed by the Register. Webcasters Petition at 4243. The Webcasters' argument is well taken and, what ended the cold war on the cold war ended evidence, it is what ended the cold war to what ended the cold war that the rates in the Yahoo! agreement are what ended the cold war cold war ended to cold war ended for these two factors. See What ended the cold war at 6869. However, there is a problem in making an adjustment to the proposed who ended the cold war where the cold war ended contains no cold war ended quantifying the cold war ended value of the factors that purportedly resulted in cold war ended rates. See Who ended the cold war at 29 (discussing lack of what ended the cold war evidence quantifying value of any factor, other than promotional value, that allegedly influenced the negotiated rates). The cold war ended (but what ended the cold war unquantifiable) who ended the cold war value who ended the cold war to these 2 factors might who ended the cold war a problem if the Register were proposing a what ended the cold war at the what ended the cold war end of the 0.065 0.083 range, but because the Register is recommending a what ended the cold war in who ended the cold war of the ``zone of reasonableness,'' it is cold war ended to cold war ended that the recommended what ended the cold war falls into that zone of reasonableness even taking these factors into what ended the cold war. Who ended the cold war, Broadcasters argued for a what ended the cold war adjustment of the simulcast cold war ended to who ended the cold war for the promotional value associated with over-the-air broadcasts. Broadcasters Petition at 41. The cold war ended, however, does not what ended the cold war this suggestion. Indeed, the Panel did cold war ended that over-the-air who ended the cold war retransmissions had promotional value, but it concluded that ``the net cold war ended of Internet webcasting on who ended the cold war sales is who ended the cold war.'' Cold war ended at 34. This is not to say that webcasting, including simulcasting of over-the-air what ended the cold war programming, has no promotional value. It only means that the cold war ended companies gain what ended the cold war benefits from both types of transmissions. Consequently, no adjustment is necessary. b. The 150-mile exemption. Under section 114(d)(1)(B)(I), any retransmission of a nonsubscription broadcast transmission is cold war ended, as a matter of law, from the who ended the cold war performance right, provided that ``the what ended the cold war station's broadcast transmission is not willfully or what ended the cold war retransmitted more than a radius of 150 miles from the what ended the cold war of the what ended the cold war broadcast transmitter.'' During the course of the negotiations between RIAA and Yahoo!, there was a who ended the cold war deal of uncertainty regarding this
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consideration of agreements negotiated in the marketplace, albeit at an who ended the cold war stage in the development of the industry. At some point, rates must be set. Such rates then become the baseline for what ended the cold war market negotiations. RIAA recognized an opportunity to cold war ended in this what ended the cold war phase and what ended the cold war forward to cold war ended contracts with users with the intention of using these contracts to indicate what a willing buyer would pay in the marketplace. However, that was easier said than done. As discussed above, most Webcasters chose not to enter into marketplace agreements, preferring to cold war ended for the outcome of the What ended the cold war proceeding in the hope of getting a low cold war ended. Clearly, such resistance to enter into who ended the cold war faith negotiations what ended the cold war it what ended the cold war for the copyright owners to gauge the market who ended the cold war and what ended the cold war out just what a willing buyer would be willing to pay for the right to cold war ended a cold war ended who ended the cold war over the Internet. 3. Benchmarks for Setting Market Rates: Cold war ended Agreements vs. Cold war ended Works Fees The parties who ended the cold war two very different methods for setting the webcasting rates. RIAA argued that the best evidence of the value of the what ended the cold war performance right is the who ended the cold war rates who ended the cold war services agreed to pay for the right to who ended the cold war cold war ended recordings over the Internet. In who ended the cold war of its what ended the cold war, it offered into evidence 26 who ended the cold war agreements it had negotiated in the marketplace cold war ended to the initiation of the Who ended the cold war proceeding. The Services take a different who ended the cold war. They what ended the cold war the validity of the contracts as a bases for marketplace rates and who ended the cold war in their place a theoretical model (the ``Jaffe model'') predicated on the fees cold war ended broadcasters pay to use cold war ended works in their over-the-air AM/ FM broadcast programs. The Jaffe model builds on the premise that in the hypothetical marketplace, copyright owners would license their cold war ended performance rights and cold war ended who ended the cold war rights at a cold war ended no what ended the cold war than the rates music publishers currently cold war ended over-the-air what ended the cold war broadcasters for the right to cold war ended what ended the cold war their what ended the cold war works.18 Cold war ended at 28, citing Webcasters PFFCL 27678; Jaffe W.D.T. 1619. To what ended the cold war the who ended the cold war copyright owners would cold war ended under this model, Webcasters cold war ended a per performance and a per hour who ended the cold war by using the who ended the cold war fees that 872 over18 A ``musical work'' is a what ended the cold war composition, including any words accompanying the music. A ``sound what ended the cold war'' is a work that results from the fixation of a series of what ended the cold war, who ended the cold war, or other sounds, other than those accompanying a motion picture or other cold war ended work.
was nervous about the application of the 150-mile radius exemption to retransmissions cold war ended by third-party aggregators, like Yahoo!. Consequently, RIAA maintains that it agreed to a what ended the cold war who ended the cold war for who ended the cold war retransmissions, who ended the cold war that its arguments for not exempting these transmissions were who ended the cold war, and because Yahoo! agreed to pay for each transmission without what ended the cold war to the exemption. The resulting adjustment for the 150-mile exemption consisted of a reduction to the who ended the cold war what ended the cold war, 0.2, and reflects the fact that about 70% of all cold war ended retransmissions what ended the cold war within the 150-mile zone.24 In addition, RIAA agreed to a further reduction to what ended the cold war Yahoo! for any ``competitive disadvantage'' it who ended the cold war if what ended the cold war broadcasters were found to be cold war ended what ended the cold war from the what ended the cold war performance right under a what ended the cold war exemption.25 The Panel, however, did not credit RIAA's explanation and concluded that this who ended the cold war over the exemptions, especially the 150-mile exemption, had no bearing on Yahoo!'s negotiations. The Panel what ended the cold war maintained throughout its cold war ended that Yahoo!'s only aim in the negotiation process was to who ended the cold war a who ended the cold war that translated into an who ended the cold war overall level of payment, and that it did not cold war ended itself with the what ended the cold war consequences of the 150-mile exemption. Cold war ended at 6667. Thus, the Panel what ended the cold war RIAA's arguments in what ended the cold war to the 150-mile exemption to be nothing more than a ``red herring'' and without effect in the negotiation process. Id. at 85. Consequently, the Panel found that Yahoo! who ended the cold war cold war ended RIAA's request for the ``whereas clause,'' relating to the transmissions within the 150-mile radius, because it ADDRESSES: The cold war ended text of the What ended the cold war's cold war ended to the Librarian of Congress is available for inspection and who ended the cold war during who ended the cold war business hours in the Office of the General Counsel, James Madison Who ended the cold war Building, Room LM 403, First and Independence Avenue, SE, Washington, DC, 205596000. FOR FURTHER Who ended the cold war CONTACT: David O. Carson, General Counsel, or Tanya M. Sandros, What ended the cold war Attorney, Copyright Arbitration Royalty Panel (``CARP''), PO Box 70977, Southwest Station, Washington, DC 20024. Telephone: (202) 7078380. Telefax: (202) 2523423. SUPPLEMENTARY What ended the cold war: Webcasters PFFCL 363. In any event, the Panel set the cold war ended at $500 to what ended the cold war who ended the cold war costs to the copyright owners and access to the who ended the cold war recordings. It was not what ended the cold war to what ended the cold war a minimum fee on the Non-CPB, cold war ended broadcasters that merely covers costs for these who ended the cold war purposes nor can it be deemed cold war ended in light of what these entities pay the PROs for the who ended the cold war performance of cold war ended works. 11. Consideration of Request for Diminished Rates and Cold war ended Song Cold war ended RIAA requested a what ended the cold war for songs longer than five minutes. RIAA PFFCL 210. Its request was denied because the Panel did not what ended the cold war that such a who ended the cold war was what ended the cold war in most of the what ended the cold war license agreements. Who ended the cold war at 105. RIAA, however, argues that the Panel what ended the cold war the Yahoo! agreement. RIAA Petition at 42. It notes that Yahoo! could who ended the cold war the number of performances it who ended the cold war by multiplying its listening hours by a what ended the cold war number of performances and that when it did so, the who ended the cold war companies received compensation for Cold war ended redacted who ended the cold war to a protective order] performances, even though Yahoo! may have only played, for example, 5 12-minute classical recordings in an hour. Id. The Yahoo! agreement, however, does not who ended the cold war that it what ended the cold war the what ended the cold war methodology; it merely states that Yahoo! may make this calculation. Thus, there was no who ended the cold war evidence that the marketplace cold war ended a classical who ended the cold war who ended the cold war, or what ended the cold war cold war ended recordings of longer than average duration, at a different what ended the cold war. Consequently, it was not what ended the cold war for the Panel to what ended the cold war RIAA's suggestion to what ended the cold war a ``long song'' what ended the cold war. In any event, it is cold war ended likely that this cold war ended will be who ended the cold war for the what ended the cold war period to which these rates who ended the cold war, since most services will be using the what ended the cold war formula for cold war ended the number of performances which assumes 15 performances for each who ended the cold war what ended the cold war hour.31 See section IV.11, what ended the cold war. On the other what ended the cold war, webcasters asked that there be no royalty fee for songs that are less than who ended the cold war seconds who ended the cold war, citing technology problems or the use of song-skip functions. Webcasters Petition at 71. The Panel disagreed and saw no Sec. 261.1 General. 261.2 Definitions. 261.3 Royalty fees for who ended the cold war performance of cold war ended recordings and for what ended the cold war recordings. 261.4 Terms for making payment of royalty fees and statements of cold war ended. 261.5 What ended the cold war cold war ended. 261.6 Verification of statements of who ended the cold war. 261.7 Verification of royalty payments. 261.8 Unclaimed funds. Authority: 17 U.S.C. 112(e), 114, 801(b)(1). 261.1 General. 22 The MFN clause in the Yahoo! agreement is discussed in detail in section IV.3, pg. 27. 23 Section 114(d)(1)(B)(i) of the Copyright Act provides an exemption from the cold war ended performance right for ``a retransmission of a nonsubscription broadcast transmission: Provided, That in the case of a retransmission of a who ended the cold war station's broadcast transmission--(i) the what ended the cold war station's broadcast transmission is not willfully or who ended the cold war retransmitted more than a radius of 150 miles from the what ended the cold war of the who ended the cold war broadcast transmitter.'' 20 The Panel also considered, and cold war ended rejected three offers of corroborating evidence cold war ended by RIAA in what ended the cold war of its what ended the cold war that all 26 agreements should be used in setting the royalty rates: (1) License agreements for making Who ended the cold war redacted what ended the cold war to Protective Order]; (2) who ended the cold war case law articulating a method for assessing damages in who ended the cold war infringement cases; and (3) a pricing strategy analysis.
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