"This is a major victory for
recording artists and record labels whose hard work and creativity provides the music around which the Internet radio business is built," SoundExchange executive director John Simson said.
SoundExchange is the federal organization created to set and distribute royalty rates in 1995, following the Digital Performance Right in Sound Recording Act. Royalties are split 50-50 between the
copyright holder and either the label, the artist or sometimes other entities.
Many Webcasters believe Web radio will die now. Says Digital Media Association executive director Jonathan Potter after the court's decision: "The result will certainly be fewer outlets for independent music, less diversity on the Internet airwaves, and far fewer listening choices for consumers."