Never mind that digital audio broadcasting is not significantly greater in quality than regular, analog radio. Never mind that its music quality is vastly less than than that of audio CDs. In spite of these inconvenient facts, the RIAA is hoping that the transition to “digital audio broadcasting” will provide enough confusion and panic that they can persuade Congress or the FCC to impose some kind of copy-protection scheme or regulation on digital radio broadcast.

Immediately below is the text of the joint resolution by RIAA and other groups, asking Congress to copy-protect radio (which has never been copy-protected before). Following that is RIAA’s “one-pager” outlining for Congress the reasons RIAA offers for Congress to authorize the FCC to put in place a copy-protection scheme for radio. (Note the use of the term “HD Radio” — implying that there’s something “high-definition” about digital audio broadcasting, even though everyone who knows anything about digital audio broadcast content knows it’s of much lower quality than that of audio CDs.)

RESOLUTION [of “Music United,” which includes RIAA and the other undersigned groups]

Requesting Congress to grant authority to the Federal Communications Commission to promulgate rules protecting digital music transmitted over digital broadcast radio.

Whereas American arts and entertainment industries account for 6% of the American Gross Domestic Product and employ 2.6 million Americans;

Whereas digital theft of music has caused extreme harm to the American music industry over the past five years;

Whereas the digital theft of music stifles the careers of new artists, betrays the songwriters and recording artists who create it and threatens the livelihood of the thousands of working people—from recording engineers to record-store clerks—who are employed in the music industry;

Whereas the United States Supreme Court ruled in MGM v. Grokster that it is illegal to engage in digital theft directly or to encourage or induce digital theft;

Whereas Korean and Australian courts followed with similar rulings preventing the establishment of business models predicated on digital theft;

Whereas public broadcast spectrum is granted by the U.S. government to be used in the public interest;

Whereas the public interest is not served by the allowance of digital theft;

Whereas Congress has stated that radio broadcasts should not facilitate or result in the digital theft of music;

Whereas the Federal Communications Commission promulgated rules to protect digital video broadcasts from illegal redistribution over digital networks;

Whereas the Federal Communications Commission is examining the promulgation of rules to protect digital audio broadcasts from illegal copying or redistribution over digital networks;

Whereas the United States Court of Appeals for the District of Columbia Circuit recently vacated the Federal Communications Commission’s ruling on digital video broadcasts based on a need for a direct Congressional grant of authority;

Whereas given the breadth of this decision regarding the Commission’s scope of authority in this area, any direct Congressional grant of authority should include both digital video and audio broadcasts;

Whereas Congress is considering efforts to expressly grant such authority to the Federal Communications Commission;

Resolved, That the Members of Music United–

(1) Request that Congress grant express authority to the Federal Communications Commission to protect digital broadcasts from illegal copying and redistribution; and

(2) Request that Congress include the protection of digital audio broadcasts in any express grant of authority to the Federal Communications Commission to promulgate rules to protect digital broadcasts.

The American Association for Independent Music (A2IM)

The American Federation of Musicians (AFM)

The American Federation of Television and radio Artists (AFTRA)

The American Society of Composers, Artists and Publishers (ASCAP)

The Church Music Publishers Association (CMPA)

The Country Music Association (CMA)

The Gospel Music Association (GMA)

The Harry Fox Agency

Jazz Alliance International

The Music Managers Forum – U.S. (MMF-US)

The Nashville Songwriters Association International (NSAI)

The National Academy of Recording Arts and Sciences (NARAS – The Recording Academy)

The National Association of Recording Merchandisers (NARM)

The National Music Publishers’ Association (NMPA)

The Rhythm & Blues Foundation

The Recording Artists’ Coalition

The Recording Industry Association of America (RIAA)

SESAC

The Songwriters Guild of America (SGA)

SoundExchange

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[Here’s the “one-pager” that RIAA is handing out to Congress.]

HD RADIO: The Need for Content Protection

The FCC is considering final adoption of a digital radio standard that is a proprietary technology developed by a private company, iBiquity. While the recording industry is excited about the rollout of digital radio (“HD Radio”) as a new way for fans to listen to music, it is concerned that the iBiquity standard does not protect the music even though safeguards could easily be implemented without unsettling consumers’ expectations of how they listen to radio. Without such content protection, users could redistribute and copy recordings. The result could be widespread piracy, similar to or greater than that from illicit file sharing on peer-to-peer systems, especially given the ubiquity of radios and the use of radios by all parts of the American public.

The Problem

Without content protection, users of new digital radio receivers could become owners and worldwide distributors of a personalized collection of recordings. In particular, they could:

• Freely redistribute recorded songs over the Internet or on removable media;

• Automatically copy particular recordings of the user’s choice, thereby transforming a passive listening experience into a personal music library often without even listening to the original broadcast; and

• Do the above for all recordings played on local stations, including new releases before they are available in stores.

The Consequences

If HD Radio does not include content protection, economic damage may be severe:

• Record companies, artists, songwriters and music publishers will suffer from a decline in sales;

• Broadcasters and retailers will lose the opportunity to provide “buy buttons” to satisfy impulse purchases;

• Broadcasters will experience a decline in audience, and therefore advertising revenue, as listeners substitute their free music library for radio.

• Advertisers will find diminishing returns from advertising on radio; and

• On-demand download music services such as iTunes and Rhapsody will suffer. Why pay 99 cents for something you can get for free?

What we are NOT trying to do

The recording industry is not seeking to (1) stop or delay the rollout of HD Radio; (2) prevent consumers from listening to radio as they do today; (3) prevent time-shifting of radio programming; or (4) prevent a consumer from hitting a record button when a song comes on that they like.

The solution

The recording industry has proposed that the FCC (1) prevent redistribution of recordings onto the Internet, removable media or to other devices; and (2) limit searching and automated copying such as by artist or song title so that individual recordings cannot be separated from surrounding content. Congress should grant the FCC the narrow authority to accomplish these tasks through the proposed rulemaking that is pending at the Commission.

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