Not long ago, we reported on US Register of Copyrights Maria Pallante’s House Judiciary Committee testimony regarding “the next great copyright act.” Pallante described the need to update our existing laws to make them not only more comprehensible to the average American, but also work better in a rapidly-evolving technological landscape. We thought that her reasoning was sound and that she was focusing on the right areas, including the incredibly complicated licensing environment for music.
Clearly, the commitee was listening. Yesterday, at a Library of Congress event marking World Intellectual Property Day, Chairman Bob Goodlatte (R-VA) signaled his intent to review the Copyright Act (which was passed in 1976 and took effect in 1978), with an eye to optimizing the laws to reflect current realities. You can read Goodlatte’s full remarks here. (Self-referential bit — Goodlatte also gave a keynote at the 10th Future of Music Summit.)
When the powerhouse social media platform Twitter arrived in 2006, we saw some clear potential for music. 120-character text limitations aside, it seemed the service was destined to become a powerful engine for music discovery given the real-time, rapidfire exchange it facilitated.
Digital music biz superstar Ian Rogers recently announced his move to become the CEO of “Daisy” — a new project that’s being built out of streaming subscription service MOG, which was acquired by Beats Electronics in 2012. Beats, is of course, known for its headphones and for being the brainchild of hip-hop legend Dr. Dre and music executive Jimmy Iovine. read more
...and how musicians, labels and songwriters are compensated
Sunday, August 19, 2012
How are musicians paid when their fans buy downloads on iTunes? How are songwriters paid when their music is played on Pandora? Since our founding, Future of Music Coalition has provided musicians, managers and labels with the in-the-trenches details about how performers, songwriters and labels are each compensated when their music is either streamed or downloaded on an array of music services. read more
Yesterday afternoon, news broke that TuneCore president and CEOJeff Price would no longer be helming the company, which lets musicians — for a flat fee — stock their music in a range of digital retail environments. Also on the outs is TuneCore co-founder Peter Wells. read more
[This post authored by FMC Legal Intern Joseph Silver]
The first sale doctrine within American copyright and trademark law has been getting a lot of attention in recent months. A number of federal circuit courts have touched upon this important copyright principle, which says that when a consumer purchases a good on the legitimate marketplace, the law affords them the right to lend, resell and dispose of that item (along with a number of other related uses). However, the first sale doctrine, also known as the exhaustion doctrine, does not permit a purchaser to reproduce, publicly display or perform the work, all of which are exclusive rights held by the copyright holder. Absent a “fair use” defense for consumers, those rules are pretty steadfast. Still, the first sale doctrine is an important limitation on copyright, which allows consumers who have lawfully purchased copyrighted goods to choose how the particular copy they purchased is distributed. This much remains settled. Yet two issues have recently arisen that aren’t so cut-and-dry: whether the first sale doctrine applies to digital goods and whether it applies to goods manufactured internationally.
If you live in an area with a population larger than, say, twelve, you’ve likely run across someone wearing a pair of Beats headphones. And even if you haven’t, you may have stumbled across the marketing campaign, which includes prominent positioning in shows like “American Idol.” These “lifestyle” headphones (which are bass heavy and not all that great sounding) are the brainchild of superstar producer/label honcho Jimmy Iovine and hip-hop maestro Dr. Dre.
The issue of musician compensation is so important and complex that we could write volumes about it. Although artists face tremendous challenges earning a living, there is an ever-expanding array of revenue streams to take into account when considering how artists make money. read more