Reaction of Judiciary Chairman Patrick Leahy
To The Anonymous Senate Objection Thursday Night
To Passage Of The Small Webcaster Bill

[Through most of Thursday (Oct. 17) prospects appeared to be favorable that the Senate by the end of the day would take up and pass the House-passed Small Webcaster Amendments Act (H.R. 5469).  Late Thursday night an anonymous hold by a Republican senator, with no explanation, prevented a Senate vote.  The Senate will not reconvene for a legislative session until Nov. 12.  In the meantime, retroactive royalty payments from webcasters will be due to be paid in full by Oct. 20 under the decision of the Librarian of Congress.  Following are comments released Friday by Sen. Patrick Leahy (D-Vt.), chairman of the Senate Judiciary Committee, who is leading efforts to gain Senate passage of the House-passed bill:]

Comments of Senator Patrick Leahy --

"I share the disappointment of webcasters and many content providers that an anonymous hold prevented the Senate from passing this bill before the Oct. 20 deadline.  Every effort was being made to prevent many webcasting streams from going silent next week, and those efforts were nullified by an anonymous objection.

"I again commend Chairman Sensenbrenner, Congressman Conyers and others in producing this bill through hard negotiations and under hard circumstances.

"Though the circumstances are now difficult in the extreme, I urge webcasters and the music labels to see if accommodation can be reached through marketplace negotiations to respond to Sunday's deadline. We will continue working for Senate passage of H.R. 5469 when the Senate reconvenes on Nov. 12.

“The brinksmanship during this legislative process and the steps that led here are further compelling reasons why a comprehensive review and reform of the CARP process will be necessary in the next Congress."

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