On November 4, 2008, America gave a sweeping mandate to Barack Obama and Democrats in the House of Representatives and the Senate. What does this mean for the music community? While we are still weeks away from determining some of the details how this will shake out – including who will lead the FCC and the makeup of key committees in Congress – this brief update spells out some key themes that will determine the direction of the media, internet and IP policy issues that will affect the future landscape for the music community.
[…]“Most of the focus is going to be on the internet,” said Casey Rae, co-executive director of the Future of Music Coalition, of the Congressional review and possible legislative push. “A lot of this will have to do with the economics of digital distribution” of music and video, and the status of so-called orphan works (copyrighted material whose owners cannot be located or have passed away) he said in an interview. The non-profit coalition represents performing artists. read more
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.)
Well, this week, a New York City federal court passed (partial) summary judgement against ReDigi [PDF], ruling that the service is liable for infringement. In doing so, the court strongly rejected ReDigi’s claims that their activities are covered under “fair use,” as well as the aforementioned first sale doctrine.
What does this matter to musicians? Well, first off, musicians are also music consumers. Second, creator compensation looks different in a used marketplace (typically nonexistent). ReDigi did supposedly hold a percentage of revenue from “used” sales in “escrow,” but it’s a bit fuzzy how this money would get to artists.
In this post, we’ll look at some of the legal factors involved in the court decision. You can tell us what you think in the comments.
On March 6, 2013, Future of Music Coalition submitted reply comments to the United States Copyright Office Notice of Inquiry Concerning Orphan Works and Mass Digitization. All reply comments can be viewed here.
On Monday March 4th, US Register of Copyrights MariaPallantedelivered a speech at Columbia Law School entitled “The Next Great Copyright Act.” Her remarks drew immediate attention within the creative communities and beyond — after all, it’s not every day that the nation’s top official on copyright calls for Congress to overhaul existing law.
Music and government may not seem like they have much in common. But four panelists did their best to convince an audience at SXSW that they were, in fact, hopelessly intertwined.
“These issues are breathtakingly complicated,” said the panel’s moderator, Michael Bracy, policy director at the Future of Music Coalition. “How do you build a regulatory structure for a market that is changing so rapidly?” read more
For the past twelve years, Future of Music Coalition has worked to inform and engage musicians and the music community on issues that impact artists and creative culture as a whole. Some of our work is very straightforward, such as reinforcing the notion that musicians have a range of views on a host of issues and must be included in discussions about their livelihoods. Some of it is nuanced, such as examining how artists are paid in the emerging digital economy and complex questions around copyright and technology. read more