A2IM president Richard James Burgess believes problems with the current rate-setting process fall disproportionately on independent creators and companies.
, any reform should encourage early settlements that represent a broad industry consensus, as this benefits everyone. Currently, however, the enormous expense associated with a CRB proceeding prohibits independents from participating. Most small businesses, such as the majority of our members, simply cannot afford this expense.
Similarly, there should be procedural mechanisms to ensure the CRB acts promptly on pending motions and other disputes, and issues determinations in a timely way. Just to take one current example, the CRB only recently issued its post-appeal determination in the Phonorecords III decision – nearly three years after the decision was sent back to the CRB for new proceedings after the appeal.
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