Willing buyer, willing seller. Those four words would seem
innocuous, but in the world of Internet radio nothing is more contentious.
They are part of a federal judicial standard that is the
basis of how royalty rates are set for Internet radio services like Pandora
Media. For years, however, online services have complained that the standard is
unfair, and results in burdensome rates that are much higher than those paid by
satellite radio.
The battle flared up again on Friday with a new
Congressional bill, the Internet Radio Fairness Act. Introduced in the House by
Jason Chaffetz, Republican of Utah, and Jared Polis, Democrat of Colorado, the
bill would move so-called noninteractive online radio services like Pandora and
Clear Channel Communications’ iHeartRadio app from the “willing buyer, willing
seller” standard to the one used to determine rates for Sirius XM Radio.
Pandora pays a fraction of a cent each time a user listens
to a song, and the total must be a minimum of 25 percent of its annual revenue;
last year it paid about half its revenue to labels and performers. Sirius’s
current rate is 8 percent. (Both kinds of services also pay separate royalties
to songwriters and publishers.)
Tim Westergren, Pandora’s founder, took to his company’s
blog to say that the bill is long overdue. “The anti-Internet bias in federal
law is nothing short of absurd,” he wrote.
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