Copyright Arbitration Royalty Panels and the Webcasting Controversy: The Antithesis of Good Alternative Dispute Resolution

Authors

Jeremy Delibero

Document Type

Article

Abstract

Music is becoming increasingly synonymous with big business and corporate influence. The advent of Internet radio and streaming webcasts are simply one example of this shift. Organizations such as the Radio Industry Association of America ("RIAA") have discovered a new way to receive royalties from the performance of musical works, and have fought vigorously to obtain favorable rates to achieve the maximum profit. On the other hand, small webcasters have fought equally hard to avoid these large rates. Although arguments for each side are equally persuasive, neither is persuasive enough to force a compromise. In attempting to solve these disputes, all involved parties utilized nearly every existing form of dispute resolution. Negotiation, arbitration, litigation, and even legislation have all been attempted to solve the problem, yet none has offered more than a temporary solution. This article will analyze the background concerning two issues: (1) the correct amount for webcasting royalties, and; (2) the shortcomings of each proposed solution.

Recommended Citation

Jeremy Delibero, Copyright Arbitration Royalty Panels and the Webcasting Controversy: The Antithesis of Good Alternative Dispute Resolution, 5 Pepp. Disp. Resol. L.J. Iss. 1 (2004)
Available at: https://digitalcommons.pepperdine.edu/drlj/vol5/iss1/3