So Jesse faced a mafia-like choice: $250,000 and a chance at winning,
or $12,000 and a settlement.
</para>
+<indexterm>
+<primary>artists</primary>
+<secondary>recording industry payments to</secondary>
+</indexterm>
<para>
The recording industry insists this is a matter of law and morality.
Let's put the law aside for a moment and think about the morality.
</section>
<section id="radio">
<title>Radio</title>
+<indexterm id='idxartistspayments1' class='startofrange'>
+ <primary>artists</primary>
+ <secondary>recording industry payments to</secondary>
+</indexterm>
<para>
Radio was also born of piracy.
</para>
the choice for him or her, the law gives the radio station the right
to take something for nothing.
</para>
+<indexterm startref='idxartistspayments1' class='endofrange'/>
</section>
<section id="cabletv">
<title>Cable TV</title>
legitimate rights of creators while protecting innovation. Sometimes
this has meant more rights for creators. Sometimes less.
</para>
+<indexterm>
+ <primary>artists</primary>
+ <secondary>recording industry payments to</secondary>
+</indexterm>
<para>
So, as we've seen, when <quote>mechanical reproduction</quote> threatened the
interests of composers, Congress balanced the rights of composers
But there is one example that captures the flavor of them all. This is
the story of the demise of Internet radio.
</para>
+<indexterm>
+ <primary>artists</primary>
+ <secondary>recording industry payments to</secondary>
+</indexterm>
<para>
<!-- PAGE BREAK 204 -->
question we should ask is, what copyright rules would govern Internet
radio?
</para>
+<indexterm id='idxartistspayments2' class='startofrange'>
+ <primary>artists</primary>
+ <secondary>recording industry payments to</secondary>
+</indexterm>
<para>
But here the power of the lobbyists is reversed. Internet radio is a
new industry. The recording artists, on the other hand, have a very
A regular radio station broadcasting the same content would pay no
equivalent fee.
</para>
+<indexterm startref='idxartistspayments2' class='endofrange'/>
<para>
The burden is not financial only. Under the original rules that were
proposed, an Internet radio station (but not a terrestrial radio
high, you're going to drive the small webcasters out of
business. …</quote>
</para>
+<indexterm>
+ <primary>artists</primary>
+ <secondary>recording industry payments to</secondary>
+</indexterm>
<para>
And the RIAA experts said, <quote>Well, we don't really model this as an
industry with thousands of webcasters, <emphasis>we think it should be
floated by Harvard law professor William Fisher.<footnote>
<para>
<!-- f9. -->
+<indexterm id='idxartistspayments3' class='startofrange'>
+ <primary>artists</primary>
+ <secondary>recording industry payments to</secondary>
+</indexterm>
William Fisher, <citetitle>Digital Music: Problems and Possibilities</citetitle> (last
revised: 10 October 2000), available at
<ulink url="http://free-culture.cc/notes/">link #77</ulink>; William
<indexterm><primary>Fisher, William</primary></indexterm>
<indexterm><primary>Netanel, Neil Weinstock</primary></indexterm>
<indexterm><primary>Promises to Keep (Fisher)</primary></indexterm>
+<indexterm startref='idxartistspayments3' class='endofrange'/>
</para></footnote>
Fisher suggests a very clever way around the current impasse of the
Internet. Under his plan, all content capable of digital transmission
controlling access.
<indexterm><primary>Promises to Keep (Fisher)</primary></indexterm>
</para>
+<indexterm>
+ <primary>artists</primary>
+ <secondary>recording industry payments to</secondary>
+</indexterm>
<para>
Fisher would balk at the idea of allowing the system to lapse. His aim
is not just to ensure that artists are paid, but also to ensure that