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More than a year after the Digital Millennium Copyright Act(DMCA) was signed into law, many of the details that would fully implement the act are still being negotiated. The act established a new statutory license for the public performance of a sound recording, but webcasters are not yet paying any statutory fees. The reason: Several key players can’t seem to agree on the royalty rate for the license. The ultimate outcome is significant, however, given that once the statutory rate has been determined, it will apply retroactively to all webcasting that took place since the new law became effective Oct. 28, 1998.

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