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Perspective

Sep. 9, 2009

On Air, Online

A recent 2nd Circuit case involving Internet radio and webcasting is an important guidepost on the path to the digital society, writes Christian L. Castle.

By Christian L. Castle

Ask the average person "Who gets paid for airplay when a record is played on the radio?" They'll probably tell you the artist and the record company. In the U.S., they'd be wrong because the United States is one of the only countries not to recognize a performance right in sound recordings. (This issue is currently pending before Congress as the Performance Rights Act.)

From the time sound recordings ...

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