Development of Creative Commons licenses

[Eric Garner <ejgarner AT yahoo.com>]

Hi all,

  In light of the new Soundexchange arrangement for webcasting royalties, I can see where many webcasts that are able to stay online might switch to music deemed 'podsafe'. However, given language in the DMCA that mandates royalty collection on all non-interactive delivery systems, it looks like webcasters will have to pay royalties on all music regardless of label affiliation, including CC-licensed music. In fact, the Soundexchange website indicates that independent musicians might have money already held on their behalf, but that they must become Soundexchange members in order to collect.
  This brings about the following questions:
1) Is it possible for people who choose to produce podsafe music to opt out of the mandatory Soundexchange royalty collections so webcasters can freely use the music?
2) If so, can a CC license act as a de facto opt-out notice for this purpose, or does a musician have to contact Soundexchange and explicitly
 tell them each time they introduce a song with a podsafe, royalty-free intent?
It really came as a surprise to me that podcasting is different from webcasting in that mandatory royalties are collected on the latter, regardless of label affiliation or licensing choices on the artists' behalf. It seems like I, as the music's creator, should have the right to opt out of this scheme.
Thanks,
Eric Garner