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July 28, 2011



Okay, more on this: "Pandora’s negotiated royalty rate is well below Sirius, depriving starving performers millions of dollars."

More accurately, Pandora's negotiated streaming rate is below the rate Sirius pays *FOR ITS INTERNET STREAMING*. The rate at which Sirius pays for the music it plays on its satellite-delivered programming (which is how the vast majority of Sirius listening occurs) is actually *just 6%-8% of its revenue*. (see second-to-last paragraph here: http://tinyurl.com/l3cn2x)

Pandora pays *the higher* of its "per-performance" rate or *25% of the gross revenue of their entire business* (you can read that here: http://tinyurl.com/489lxcm). In its IPO filing, Pandora revealed it had actually paid *more than half (50.4%)* of its year-2010 revenues for content licensing. (that's here: http://tinyurl.com/3atamtu)

What's more, from 2007-Oct 2010, Pandora paid well over $100 million to SoundExchange and publishers.

Bottom line: to imply that Pandora pays royalties at a rate far below Sirius (for the vast majority of its listening), and to claim that Pandora is "depriving starving performers of millions of dollars," is misleading and *wildly inaccurate*.

On the note of inaccuracy, the charge of plagiarism against Van Buskirk is nonsensical, given the widely-accepted definition of that word. Van Buskirk quite clearly attributes the original source, and is very obviously reporting and commenting on the piece. That's not plagiarism in any sense.

[If anything, Van Buskirk seems to have swiped the "North Korea, Iran, Rwanda and China" line from the record industry in its grab for recording copyright royalties from AM/FM radio.]


"Of course, radio does pay royalties to songwriters, just not performers."

And, by this, U.S. radio follows the only other countries that do not pay performers: North Korea, Iran, Rwanda, and China.

Paul Maloney

"Pandora’s negotiated royalty rate is well below Sirius, depriving starving performers millions of dollars."

Source, please?

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