Abstract
Responding in part to radio's ongoing digital transition, the recording industry argues that digital audio broadcasts (DAB) constitute an unprecedented threat to their business. Accordingly, the recording industry has campaigned for the government-mandated adoption of a strong technological protection measure. As a result, the FCC and Congress have been considering the adoption of the audio broadcast flag (ABF) system as a mandatory content-protection measure for DAB. This article identifies problems inherent in the adoption of the ABF system for DAB and suggests that a compulsory license system can manage the DAB matter in a more socially beneficial way by finding an appropriate balance between the interests of copyright owners and the public. Examining the two relevant existing regulations, the article then proposes policy changes that modify the regulations' compulsory license systems in regards to the DAB matter.
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