Artist Compensation

Battle Rages Between ASCAP and Pandora

Post by FMC Interim Executive Director Casey Rae

The Internet Radio Rate Wars continued this week, as performing rights organziation (PRO) ASCAP squared off against Internet radio giant Pandora in a federal court. The outcome could determine how royalty rates are set for PROs, webcasters, songwriters and publishers well into the future.

Last week, SoundExchange, the non-profit entity that collects and distributes digital performance royalties announced its plans to send out more frequent payments to eligible artists and labels. In the past payments were sent quarterly, but beginning this month payments will be deposited monthly.

As SoundExchange President and CEO Michael Huppe said, “By making performance royalties available sooner, we are making it easier for recording artists and record labels to focus on creating the music we all enjoy.”

This might sound like a minor accounting tweak. But for middle-class recording artists and struggling indie labels, it could be massively helpful. Here’s why.

By Interim Executive Director Casey Rae

I’d love to tell you that I’ve explored every single feature on the newly-launched Beats Music streaming service, but I’ve pretty much been stuck on the Mojo Magazine-curated “New Psych Revolution” and “BritFolk Treasures” playlists. read more

The Scope of Copyright

Future of Music Coalition submitted the following written testimony in the House Subcommitee on the Courts, Intellectual Property and the Internet’s hearing on “The Scope of Copyright.”

FMC urges Congress to take to heart its constitutional mandate to ensure that copyright laws serve the interests of authors—including musicians and composers—in its ongoing review of existing statute.

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September 18, 2013

Dear Chairman Goodlatte, subcommittee Chairmen Coble and Marino and members of the committee:

We are honored to submit the following testimony for the record in this hearing on the scope of copyright.

Future of Music Coalition (FMC) is 13 year-old national nonprofit education, research and advocacy organization for musicians. The bulk of our work over the years has concerned how musicians and composers reach audiences and are compensated. FMC understands that balancing access and remuneration can be a challenge—especially given the range of established and emerging stakeholders—but we are convinced that this balance is essential for musicians and other creators to flourish.

Post by FMC Interim Executive Director Casey Rae

Another year, another white-knuckle thrill ride in the world of music policy. There was so much going on in 2013 that if you blinked, you’d be in danger of being clobbered by the next development. And that’s just on the legislative, executive and federal agency side—we could (and might!) compile a separate list of marketplace and legal developments.

Below is an instant replay of some of 2013’s biggest policy episodes. Order does not connote rank, but feel free to debate it anyway…

Yesterday, on-demand music streaming service Spotify did something pretty big by explaining in detail how it calculates and pays out royalties to rightsholders. With so many music industry pundits and practitioners in a tizzy about the economics of streaming, this move can be generally seen as positive. But as always, the devil is in the details.

It is certainly significant that Spotify took this step—probably long overdue—and we hope that it serves to increase the standard of transparency across the digital music sector. When a market leader like Spotify makes this kind of move, it can be a spur to other players to follow suit. However, it doesn’t really change much in terms of artist leverage on streaming on-demand services, nor does it impact most musicians and songwriters’ bottom lines. We spend a great deal of time considering this stuff—in fact, our own Kristin Thomson recently wrote a post for Music Think Tank about ways to make streaming music more viable for artists. (And if you need a primer on how the money flows on a variety of music platforms, check out these handy charts.)

Here at FMC, we regularly engage in a kind of protracted dialog with government through public comments and other filings that can extend over years (actually, thirteen and counting!). While we don’t claim to have all the answers, we do believe that our history of direct engagement with musicians, composers, independent labels, publishers, PROs, unions and others is useful for policymakers to consider as they grapple with the many questions facing creators in the digital age.

On Wednesday, Nov. 14, 2013, FMC filed comments with the United States Patent and Trademark Office (USPTO) regarding their recent “green paper”—itself a product of the Internet Policy Task Force comprised of USPTO, the Department of Commerce and the National Telecommunications and Information Administration. Way back in 2010, we filed comments in the original proceeding that resulted in this year’s report, Copyright Policy, Creativity, and Innovation in the Digital Economy [PDF].

FMC Filing in USPTO Internet Policy Task Force "Green Paper"

Future of Music Coalition filed the following comments with the United States Patent and Trade Office (USPTO) in an inquiry related to a previously published “green paper” from the Internet Policy Taks Force (a joint effort also including the United States Copyright Office and the National Telecommunications and Information Administration).

IN THE MATTER OF THE INQUIRY ON COPYRIGHT POLICY, CREATIVITY AND INNOVATION IN THE INTERNET ECONOMY

COMMENTS OF THE FUTURE OF MUSIC COALITION

November 13, 2013

Docket Number: 130927852-3852-01

I. Introduction

II. Government Role in Improving the Online Licensing Environment read more

Unlicensed Lyric Sites Hit With Takedown Requests

Let’s say you’re practicing for karaoke night and you want to learn the lyrics to Bonnie Tyler’s “Total Eclipse of the Heart.” The internet provides you with many easy options to choose from. What might surprise you is that only some of these options are licensed and legal. In fact, the National Music Publishers Association (NMPA)—the trade group representing music publishers—asserts that over 50 percent of all lyric page views worldwide are on unlicensed pages.

That’s why the NMPA is targeting fifty prominent lyric sites that it contends have failed to obtain licenses for lyrics being reproduced and transmitted. NMPA has sent takedown requests to each site, with the promise of copyright infringement lawsuits if they fail to comply.

by Michelle Davis, FMC Legal Intern

Let’s say you’re approached by David Copperfield (it’s OK, don’t run!), and he asks you to be an audience plant for his next big televised spectacle. You’ll be privy to some behind-the-scenes secrets, and outing his magic as merely illusion could be a disaster for his career—other magicians will cop his tricks, his performances will lose their coveted mystique, etc. That’s no good. So to make sure you keep your lips zipped, he presents to you (pulled out of a hat, probably) a non-disclosure agreement. This is a contract that says your discussions regarding this particular event are strictly confidential, and if you go blabbing he can sue you for breach of contract.

Non-disclosure agreements (NDAs) in this context seem pretty straightforward, but what about all the NDAs that pervade the music industry? Why all the smoke and mirrors obfuscating the terms of agreement between streaming services and major record labels, or deals between aggregators/distributors and YouTube?

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Jul 22, 2014

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Jul 22, 2014

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Featured Articles

House Copyright Review Timeline

Judiciary Subcommittee on Courts, The Internet, & Intellectual Property

Jul 20, 2014

FMC Remarks at the International Copyright Institute Symposium

Event hosted by the United States Copyright Office and the World Intellectual Property Organization

May 13, 2014

FMC Keynote Address at Minnesota Music Summit

Interim Executive Director Casey Rae Speaks to MN Musicians and Composers

Mar 10, 2014

Artist Compensation

Battle Rages Between ASCAP and Pandora

SoundExchange Will Pay Artists & Labels More Frequently

Kicking the Tires on Beats Music

The Scope of Copyright

Casey's Top Ten Music-Tech-Policy Developments of 2013

Spotify Makes a Move Towards Transparency

Keeping it Real for Musicians in the World of Policy

FMC Filing in USPTO Internet Policy Task Force "Green Paper"

Unlicensed Lyric Sites Hit With Takedown Requests

Non-Disclosure Agreements: What They Are and Why They're Annoying

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