Out-Law / Your Daily Need-To-Know

The US Copyright Office has issued a ruling that allows webcasters to participate in arbitration proceedings over royalty payments despite ensuing legal action against them. The Recording Industry Association of America (RIAA) filed suit against six internet radio stations earlier this year alleging that their operations breached US copyright laws.

The legal action between the RIAA and the webcasters focuses on the question whether these particular internet broadcasting services are interactive insofar as listeners have a limited power over the choice of music broadcast. The RIAA alleges that their interactive elements leave them in violation of the US Digital Millennium and Copyright Act.

In ruling that the webcasters should not be excluded from pursuing their interests through arbitration, the federal regulators of the Copyright Office avoided making an official statement on the concept of interactivity. This issue has been left for fuller consideration in the Federal Courts, which has pleased the webcasters trade representative, the Digital Media Association (DiMA).

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