This article is by FMC advisory board member Whitney Broussard, Esq. It originally appeared in the University of Georgia School of Law Intellectual Property Journal entitled Symposium: The Changing Face of Copyright Law: Resolving the Disconnect Between 20th Century Laws and 21st Century Attitudes (Vol 17, Number 1, Fall 2009). read more
Future of Music Coalition; National Association of Media Arts & Culture; Fractured Atlas
Tuesday, February 16, 2010
Every member of the arts community has been impacted by the unprecedented challenges and opportunities proffered by technology. This paper briefly examines some of the challenges and opportunities presented by the digital era, and also suggests how the development and maintenance of certain digital infrastructure is critical to a successful and resilient 21st century arts and cultural sector.
Net Neutrality lets artists and fans connect on the web
Wednesday, November 25, 2009
There’s been no shortage of talk lately about Net Neutrality, with everyone from Jon Stewart to FCC Chairman Julius Genachowski discussing the future of the web as we know it. I wanted to take a minute to talk about why Net Neutrality is so important to the creative community, particularly musicians. read more
Since Barack Obama’s inauguration, many in the arts community have pondered what the change in leadership might mean for our field. It’s clear that the new president has some interest in musicâ€”he’s got Jay-Z on his iPod and even handpicked “long, strange trippers” The Dead to play at the Mid-Atlantic Inaugural Ball in D.C. But looking past the meeting of tye-dyes and power ties, what does this mean for cultural policy?
On July 15, the Senate Commerce Committee held a hearing for Federal Communication Commission (FCC) nominees Mignon Clyburn and Meredith Atwell Baker. President Obama nominated Clyburn and Baker to fill two vacant FCC Commissioner positions. The FCC has five Commissioners, only three of which can be from the same political party; the party of the current administration constitutes the majority. Clyburn, a Democrat, and Baker, a Republican, will be replacing outgoing Commissioners Jonathan Adelstein and Debi Tate, respectively. (Later in the week, the Senate confirmed Clyburn and Atwell.)
On June 11, 2009, the House Subcommittee for Communications, Technology and the Internet held a hearing on the Local Community Radio Act of 2009. This bill is designed to lift the minimum distance requirements imposed by the Radio Broadcast Preservation Act and allow LPFM stations to exist on “third-adjacent channels,” or channels three clicks away from full-power stations on the dial. Congress imposed this restriction in response to fears that an LPFM’s 100 watt-or-less signal would interfere with a full-power station’s 20,000 watt signal. This is a bit like being worried that a flashlight will steal brightness from an industrial-grade spotlight. read more
Legitimate digital business models and legitimate digital music marketplaces are critical to musicians’ ability to promote, distribute and earn compensation for their music. Recently, a number of new models have been proposed that would compensate copyright owners through indirect means: shares of ad revenue, fees on physical devices or broadband access, or equity stakes in a company, for example. We encourage such talks and experimentation. However, the needs of those who actually create the music — the performers and songwriters — cannot be overlooked in any discussions between corporate content owners and the businesses that use the music. FMC believes that any new business models should embrace the following principles: read more
Legitimate digital business models and legitimate digital music marketplaces are critical to musicians’ ability to promote, distribute and earn compensation for their music. This document translates the Principles for Artist Compensation in New Business Models.
Legitimate digital business models and legitimate digital music marketplaces are critical to musicians’ ability to promote, distribute and earn compensation for their music. read more
Concert ticket giant Ticketmaster and the world’s largest concert promoter, Live Nation have proposed a merger that would see many music industry services — ticketing, promotion, venues and artist representation — combined in one company. On February 24, 2009, the U.S. Senate Judiciary Committee held a hearing on the matter that included representatives from both Ticketmaster and Live Nation, as well as the independent promotions/ticketing and public interest sectors. The House Judiciary Committee took up the issue on February 26, 2009. In the interest of providing a balanced look at the possible pros and cons of the proposal, FMC solicited statements from experts on both sides of the debate, which are included here. read more
Who gets paid when “Respect” is played on terrestrial radio? You might think it’s Aretha Franklin, the artist whose soulfully commanding vocal made it one of the most indelible tunes of any era. Nope. Since the late Otis Redding wrote the song, his estate gets the spoils (as does his publisher). While no one would deny Otis his due, Aretha’s performance is a huge part of that recording’s success. Her contribution is recognized by satellite radio and webcasters, who pay a royalty to Aretha and her label when the tune is broadcast. Terrestrial radio, however, fails to compensate her. read more