Definition[edit | edit source]

AM/FM streaming

refers to the practice [of] transmitting broadcasts over the Internet in digital format by FCC-licensed AM or FM broadcasters.[1]

Overview[edit | edit source]

While AM/FM streaming, due to the potential harm it could have on record sales, is more similar to webcasting than it is to over-the-air broadcasting, the fact that AM/FM stations are subject to limitations imposed by the FCC makes AM/FM streaming different from what Congress originally referred to as "webcasting." The unique aspects of AM/FM streaming combined with an ambiguous, conflicting statute, as well as no reference by Congress regarding AM/FM streaming, is overwhelming evidence that Congress did not address the issue of whether AM/FM streamers should be exempted from the section 106 public performance right by section 114(d)(1)(A).[2]

References[edit | edit source]

  1. Bonneville Int'l Corp. v. Peters, 153 F.Supp.2d 763, 765 n.1 (E.D. Pa. 2001)(full-text).
  2. Id. at 778-79 n.17.
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