Royalty of Internet Radio – Focusing on the Use of Musical and Sound Recording

碩士 === 國立交通大學 === 管理學院碩士在職專班科技法律組 === 99 === In the past, when the terrestrial radio stations broadcasted songs, they only needed to pay royalty to the musical copyright holders, but not to the sound recording copyright holders. After the Digital Millennium Copyright Act, the regulation requiring t...

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Bibliographic Details
Main Authors: Hu, Chih-Kuei, 胡智奎
Other Authors: Wang, Min-Chiuan
Format: Others
Language:zh-TW
Published: 2011
Online Access:http://ndltd.ncl.edu.tw/handle/43150116852814325776
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Summary:碩士 === 國立交通大學 === 管理學院碩士在職專班科技法律組 === 99 === In the past, when the terrestrial radio stations broadcasted songs, they only needed to pay royalty to the musical copyright holders, but not to the sound recording copyright holders. After the Digital Millennium Copyright Act, the regulation requiring the Internet radio stations to pay for both the musical and sound recording copyrights was established, however, the royalty rate was still argued for years. At last, SoundExchange and the Webcasters reached a settlement of royalty of the sound recording copyright in 2009. As for Taiwan, the royalty examination for webcasting and simulcasting has been suspended from 2005 in TIPO by the reason that the reference material from other countries was insufficient then. Today, this topic should be reexamined with referring to newly adopted practices in some countries. In this article, the operating and royalty determining systems of webcasting in the US and other countries were introduced. The in-depth interviews with the TIPO officer, persons in charge of the collective management organization and the Internet radio station were also carried out. Furthermore, several suggestions for amendment to Copyright Law and Copyright Collective Management Organization Act were proposed.