Yesterday (June 25, 2014), the House Subcommittee on Courts, Intellectual Property and the Internet held yet another hearing in its ongoing review of existing copyright law. (Our full recap is here; check out our coverage of the full series of hearings here.) Today, we’ll focus on one particular topic that has come up repeatedly in Congress and elsewhere: the lack of federal copyright protections for recordings made before February 15, 1972. read more
by Kevin Erickson, Communications Associate & Jordan Reth, Policy Fellow
You may remember back in March 2013, when Register of Copyrights Maria Pallante—our nation’s highest ranking copyright official—told the House Judiciary Subcomittee on Courts, Intellectual Property and the Internet, “Music licensing is so complicated and broken that if we get that right, we can get the whole [copyright] statute right.”
Well, after more than a year of hearings examining the nation’s copyright laws from many different angles, that same subcommittee finally tackled music licensing directly on June 10. It was a wide-ranging discussion, touching on multiple pieces of legislation currently under consideration, offering a preview of legislation around the corner, and laying out a range of views of how music licensing ought to be structured.
“At this point, many of us are looking for a positive outcome after the contentious battle that was SOPA. For music companies, getting intermediaries like ISPs to take on some responsibilities in addressing user behavior is probably more cost effective and less brand-damaging than other enforcement tactics. For musicians, it comes down to whether the policy helps protect their rights without compromising what they find useful about the internet. With CAS, we’ll probably have to wait-and-see.”
In fact, the system seems to have had some impact on infringement without taking an overly punitive approach. We’ve waited for over a year now to see results, and it looks as if CAS might actually be working, though success remains a matter of definition. For example, a decrease in piracy may also have a lot to do with an increase in legitimate services where convenience and attractive price points converge. On the other hand, the “educational” focus of CAS may play a role in driving users to licensed platforms.
Future of Music Coalition submitted the following testimony in June 10 and June 25, 2014 House Judiciary subcommittee hearings on “Music Licensing Under Title 17, Part One and Two.” As Congress reviews existing copyright law, we recommend that it consider the needs of creators alongside the goal of expanding the legitimate digital marketplace.
Chairman Coble, Vice-Chairman Marino and members of the committee, it is a privilege to submit the following testimony for the record in this important hearing on music licensing.read more
Back in August 2012, the band requested $2.5 million in damages for copyright infringement of several songs—along with false endorsement—all arising from a promotional video Monster made for a Canadian snowboarding event, “Ruckus in the Rockies.” While Monster conceded that it did infringe the Beastie Boys’ work, it claimed the infringement was an accident and that damages should only be around the $125,000 mark. read more
WASHINGTON, DC—Today, Representatives George Holding (R-NC) and John Conyers (D-MI), introduced the RESPECT Act, a bill meant to create a limited performance right for the use of sound recordings by satellite and Internet radio companies.read more
by Communications Intern Griffin Davis and Communications Associate Kevin Erickson
Last week, the video-hosting site Vimeoannounced that it would be implementing a copyright identification system called Copyright Match, which is meant to prevent unauthorized copies of works from being uploaded and viewed on Vimeo. Though its benefits to artists may have been a consideration, it’s a safe bet that Copyright Match is also intended to protect Vimeo from lawsuits like the one they are currently involved in with the major labels, while avoiding the headache of processing DMCA takedown notices, which is a frustration for copyright owners as well as service providers.
Future of Music Coalition submitted the following comments to the United States Copyright Office in its Notice of Inquiry on the Music Licensing Study. We examine the state of music licensing in America, and how the current regime impacts musicians, songwriters and independent labels.