Published by Randall Krause on Monday, April 2, 2007 [Permalink] [Return to Top]
SoundExchange Responds to Motions for Rehearing
Rules of gamplay have not not changed, only the strategies used
On Monday, April 2, National Public Radio (NPR) submitted a memorandum requesting the Copyright Royalty Judges grant their prior motion for a rehearing. This comes at an opportune time since crucial testimony and arguments have recently become available from various participating Webcasters.
However, SoundExchange was equally quick to defend its position -- declining the need for a rehearing. Executive director John Simson essentially argues that this all comes down to unfair gameplay. The royalty rates and terms set by the Copyright Royalty Judges on Friday, March 2 were justified and in no need of further deliberation.
This is not a surprising move on the part of SoundExchange. Mr. Simson realizes that the Webcasters still have valid testimony to bring to the table -- information that could further substantiate the Webcasters' case, and quite likely refute some of the claims previously made by a supposedly credible witness of SoundExchange.
Record artists and sound-recording copyright holders certainly deserve adequate and just compensation for their artistic labour. However, any determination of "adequate and just compensation" is ultimately at the behest of the Copyright Royalty Judges, not SoundExchange.
In the United States judicial system (a royalty rate hearing is certainly a tribunal in its own right), the person or persons sitting at the bench do not owe a fiduciary responsibility to any one party during a legal proceeding. In other words, a fair and impartial judgment must be handed down provided any admissible evidence and arguments submitted for consideration on behalf of all parties involved.
Now, if SoundExchange does not wish to acknowledge such commonplace rules of "legal gameplay," then they should rightfully withdraw from the entirety of these proceedings here and now.
Randall Krause
Executive Director
Small Webcaster Community Initiative
randall@smallwebcaster.org
