internetaudio.aes.org - Bell Harbor Conference Center - Seattle, WA, USA - June 13 - 15, 1997
Conference Schedule and Information
Discovery 3
Friday, June 13, 1:30 pm-4:30 pm

Session Title: Copyright in Online Media Distribution
Session Chair: Phil Wiser, Liquid Audio, Redwood City, CA, USA
Panelists: David Samuel, TheDJ Network, San Carlos, California, USA, Denise Incorvaia, Recording Industry Association of America,Washington, D.C., USA, Chris Amanita, ASCAP, New York, New York, USA, and Mark Radcliffe, Gray,Cary, Ware & Freidenrich, Palo Alto, California, USA, Scott Spielberger, N2K, New York, New York, USA

This provocative session will take a frank look at musical copyright and the implications of cyberspace. Copyright usage on the Internet is a complex and hotly debated topic. As evidenced by the recent meeting of the World Intellectual Property Organization (WIPO), there are many conflicting desires for the next generation of copyright law. This session will discuss the issues related to the use and distribution of copyrighted music on the Internet. We will focus on the current and future rights associated with electronically distributed musical content.

The copyright infrastructure is the primary payment mechanism in the music industry. Consequently, it is the critical link for the industry's success. Recent legislation has changed the form of musical copyrights. There will be even more activity in the near future. We will examine these new laws and how they impact the future of online music.

As the industry includes an online distribution model, the current rights payment infrastructure becomes less applicable. The tracking of copyright use is greatly simplified in a digital environment. Could this mean that artists are paid directly? This issue could produce a major shakeout in the formation of an online copyright system. As such, we will try to understand the possible roles of current rights organizations in a digital world.

Finally, copyright protection will become more critical as we move to online distribution of media. This session will also address how copyrights can and should be protected in a purely digital environment.

Chris Amenita, Status of Musical Copyright : This talk will cover the flow of revenue throughout the music industry. Mr Amenita will clarify how copyright revenue filters throughout the music industry.

Philip Wiser, Online Copyright Backgrounder:This talk will cover the current status of online copyright activity. The technology and philosophy of the networked world are in conflict with the traditional views of copyrights. This discussion will present the major issues surrounding online copyrights and relevant work in this area.

The primary questions include:

  1. Who has the rights to sell music online?
  2. How will rights be reported in a networked environment?
  3. What rights are associated with a downloaded song?
  4. Are the existing rights agencies relevant on the Internet?
  5. There did this 30 seconds rule come from and what does it mean?
  6. What are the different uses and reuses of music on the web and what rights apply?
  7. Mechanical vs. Performance rights.
    • Is a download a performance?
    • Is net radio equivalent to "over air: radio" with respect to rights?
  8. Are Online CD stores exempt from royalties? If so, why?
  9. Blanket Licenses and the net. How will exact reporting impact artists' royalties? Do we even want exact reporting?
  10. The next big change. What legislation or activity is pending that will impact online music?
  11. International Issues: What other organizations must be involved in international sales?
  12. What licenses are currently available for licensing music on the web?

Biographies: Philip Wiser, David Samuel, Denise Incorvaia, Chris Amanita, Mark Radcliffe, Scott Spielberger

Philip Wiser

PHILIP WISER co-founded Liquid Audio, an online music technology company, in early 1996. Currently, Mr. Wiser is Vice President of Engineering at Liquid Audio. Mr. Wiser has worked throughout the professional audio industry as a signal processing engineer. Recently, he made a transition to the consumer audio industry by developing audio algorithms for the Chromatic Research media processing engine. He also worked in the field of auditory neurophysiology, which resulted in several publications. He received his MSEE from Stanford and BSEE from the University of Maryland College Park. His most recent publication was "Stochastic Stepping" at the 1995 AES convention. Phil has served on the AES San Francisco committee for several years.

David Samuel

DAVID SAMUEL is President and Chief Executive Officer of TheDJ Network, a subsidiary of Terraflex Data Systems, Inc. One of the first online "radio stations," TheDJ.com provides an exciting alternative to traditional radio broadcasting by streaming 55 channels of music over the Internet. Prior to founding Terraflex, Mr. Sameul worked at Oracle Corporation where he designed applications for Oracle's Support Division. Mr. Samuel holds a degree in engineering from the Massachusetts Institute of Technology.

Denise Incorvaia

DENISE INCORVAIA is the Associate Anti-Piracy Counsel for the Recording Industry Association of America, Inc. (RIAA). RIAA is the Washington based trade association of the U.S. sound recording industry.

Chris Amanita

CHRIS AMANITA has worked at ASCAP for the last 11 years. He has been responsible for the planning and implementation of a number of operational changes in ASCAP affecting royalty distribution, banking and investing, debt collection and financial analysis and reporting. As director of special projects Mr. Amenita most recently completed the reengineering of ASCAP's General Licensing department. Currently Mr. Amenita is involved in the strategic planning for licensing and web site development in ASCAP's New Media department. Chris may be reached at: Camenita@ascap.com.

Mark Radcliffe

MARK RADCLIFFE, a senior partner at the law firm of Gray Cary Ware & Freidenrich,who specializes in representing high technology, new media and Internet clients. The National Law Journal (NLJ) recently named him as one of the 100 most influential lawyers in America. The Top 100 list, which is published once every three years, appeared in NLJ's April 28, 1997 issue. His areas of practice include Internet licensing, strategic intellectual property advice, corporate partnering, software licensing, private financing, copyright and trademark. His clients include K-III Communications Corporation, Mindscape Inc., Charles Schwab & Co. Inc. and Knight Ridder Information Inc, Salon Internet Inc. and Palladium Interactive Inc. He earned his bachelor's degree in chemistry from the University of Michigan in 1974, graduating magna cum laude; and his J.D. from Harvard Law School in 1981. He is the co-author of the book, "Multimedia Law and Business Handbook" (Ladera Press).

Scott Spielberger

SCOTT SPIELBERGER is Executive Counsel at N2K. He can be reached at: mailto:speilberger@n2k.com

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