FMC Newsletter #85 | January 19, 2010

Happy 2010! We hope you all managed to have something resembling a holiday break. We did, but now it’s back to action. And there’s a LOT of it, from the FCC’s Notice of Proposed Rulemaking on net neutrality to some really cool props about our Health Insurance Navigation Tool (HINT). Read on for all the details.

Artists from R.E.M. to Kronos Quartet plug in on net neutrality with FMC’s FCC Comment Tool

As you may have heard, the debate around net neutrality is heating up, and it’s more important than ever to make your voice heard on this crucial issue. FMC recently launched an online tool to help you do just that. Click here to participate.

The FCC is currently seeking public comment in its Net Neutrality/Preserving an Open Internet proceeding. But we know this policy stuff isn’t easy to follow. That’s why we created a musician-friendly tool to help musicians and indie labels file comments in this proceeding. Although the initial comments phase closed on Thursday, January 14, we’re keeping our musician-friendly Comments Tool active through the reply comments deadline of March 5, 2010. Click here to file a comment.

The form has nine text boxes, each with explanatory text that matches some of the many questions that the FCC is asking of the public in this NPRM. All you have to do is type your own thoughts into each box, and hit “save.” We’ll make sure that it’s filed at the FCC in the proper proceeding.

We’ve been blown away by the responses so far. The range of viewpoints represented is phenomenal. One thing is consistent, however: the internet is incredibly important to the lives and careers of musicians. Check out comments from R.E.M., OK Go, Erin McKeown, Nacional Records and more:
http://futureofmusic.org/file-comments-fcc-open-internet

Also, a great story in Ars Technica about musicians’ participation in this proceeding.

 

FMC files comments with independent creator groups

In addition to building our musician-friendly comment tool, FMC filed joint comments in the Open Internet proceeding with a broad array of independent creator organizations that believe that the open internet is crucial to our ability to compete in a legitimate digital marketplace.

Co-signers include American Composers Forum, American Music Center, Center for Creative Voices in Media, Film Independent, Fractured Atlas, International Documentary Association, International Music Manager’s Forum, Just Plain Folks,Meet the Composer, Nacional Records, National Alliance for Media Art and Culture, Writers Guild of America West, and of course, us. Check out the joint filing here.

For more info about net neutrality and what it means for musicians, indie labes and fans, visit our Rock the Net page.

 

FMC at Arts Presenters

FMC's Jean Cook and Kristin Thomson were both in New York City last weekend for the annual Arts Presenters Conference, a bustling five-day convening that attracts thousands of artists and presenters. This was the fifth year in a row that FMC has programmed some sessions for this conference.

Jean's schedule was packed from end to end as she took part in jazz and classical meetings and a discussion about Dance and Fair Use, while Kristin Thomson joined Brian Taylor Goldstein from FTM Arts Law to co-present a workshop on Arts, Law and Technology.  On Sunday, Jean and Kristin fired up the projector and guided attendees through our annual Media Ownership Matters presentation, which gave a summary of the copyright and media policy actions that took place in 2009, and what's expected to move in 2010. Meanwhile, Alex Maiolo, FMC's HINT project manager, hosted a working session on health insurance and musicians. You can get the full scoop here.

 

Oral arguments in FCC indecency case

Last week was also saw some important action in the courts regarding free speech and indecency policies.

FMC and the Center for Creative Voices in the Media have recently been participating as intervenors on the court case Fox v. FCC , in which the Fox Network is challenging the FCC’s “vague and arbitrary” indecency policies, arguing that they have a chilling effect on creation and lead to broadcasters shying away from airing worthwhile content for fear of triggering massive fines. For instance, we’ve heard that many PBS affiliates were afraid to air the original version of Ken Burns’ acclaimed documentary The War, for fear that it would result in a punitive response from the FCC. We believe that artists have a right to free speech and expression and that they actually benefit from exposure to challenging and at times even controversial art.

This particular instance is based on a 2002-2003 FCC decision that “vulgar expletives” uttered by Cher and Nicole Richie during live Fox broadcasts of the Billboard Music Awards were indecent and violated community broadcasting standards. In 2004, the FCC adopted a policy that profanity referring to sex or excrement is always indecent. An official policy was put in place after a January 2003 incident at the Golden Globes awards, where U2 frontman Bono uttered the phrase “fucking brilliant.” The FCC considered that this word, even if a slip of the tongue, “inherently has a sexual connotation” and could trigger fines. The whens wheres and amount of these fines were not articulated. Hence the “vague and capricious” argument that groups like FMC and the Center for Creative Voices in Media (CCV) have made in legal briefs filed on our behalf by Andy Schwartzman of Media Access Project. See our most recent filing here.

On Wednesday, Jan 13, oral arguments in Fox case were heard in a New York City courtroom. The judges were very adamant about the fact that they believed the FCC’s policies are arbitrary and capricious and undermine the broadcasters’ constitutional rights. Now, it looks like the Second Circuit Court of Appeals may ultimately upend the FCC’s current indecency policy, which we think is a good thing.

Check out this uncensored webcast of the hearing from C-SPAN. It’s kind of fun to hear federal justices use swear words!

FMC will continue to serve as an intervenor on this case as it wends its way through various appeals. Stay tuned.

 

COPYRIGHT CRIMINALS coming to a TV near you!

January 19 (today!) is the TV debut of the documentary COPYRIGHT CRIMINALS. This engaging documentary was a huge hit when we showed it at the 2009 Future of Music Policy Summit. Now you can watch it in the comfort of your own lair. Why not invite some friends over to join you?

COPYRIGHT CRIMINALS examines the creative and commercial value of musical sampling, including the related debates over artistic expression, copyright law, and money. Produced by University of Iowa professor Kembew McLeod and Benjamin Franzen, this documentary traces the rise of hip-hop from the urban streets of New York to its current status as a multibillion-dollar industry.

The movie showcases many legendary hip-hop figures like Public Enemy, De La Soul and Digital Underground along with emerging artists such as audiovisual remixers Eclectic Method. It also provides an in-depth look at artists who have been sampled, like drummer Clyde Stubblefield, best known for his work with James Brown. He even gets behind the kit to play the beat from “Funky Drummer,” and wow — he still has it!

View the trailer and promo video for the Broadcast & DVD release party at http://www.copyrightcriminals.com.

Check local PBS listings for the COPYRIGHT CRIMINALS broadcast on Independent Lens.

For those of you in New York City, there’s a public showing and DVD Release Party with Eclectic Method, Mr. Len and DJ Spooky at Brooklyn Bowl, 61 Wythe Ave Brooklyn, NY. Doors at 8pm. Broadcast Premiere on Independent Lens at 10pm. This party is free with RSVP at IndiePix Evite.

For those of you in Philadelphia area, FMC’s Kristin Thomson is hosting a TV viewing party at her house on Thursday, Jan 21 from 8 PM – 10 PM. Email her at kristin@futureofmusic.org for details.

 

FMC seeks Executive Director, International Fellow and Interns

Who says there are no gigs in this economy? FMC is hiring for several positions, which you can read about in more detail here.

Executive Director
FMC is seeking an Executive Director, whose mandate is to lead the organization with FMC’s mission, vision, history and values as guides. We're seeking candidates with a connection to the music community, with strong revenue generation and financial management experience to work with our senior management team to lead FMC into its second decade. Details.

International Fellow
FMC seeks fellows who work in 5+ month terms and help research and interview musicians and music business people from around the world. Duties include research on musicians, regions, businesses; logistics coordination for interviews and international trips; coordinating and organizing interview transcripts. Depending on skills, experience level, and needs of the project/timing, fellows may also conduct interviews and/or travel with team as road/logistics manager on a trip and/or participate in report writing. Details

Interns
FMC is seeking three interns for Summer 2010; exact dates are flexible.

The Intern to the Communications Director will assist in the marketing, promotion and logistics of FMC’s campaigns and events; which often includes copyediting, assisting with the maintenance of social media, researching new press avenues and drafting the occasional blog post.

The Intern to the Events Organizer will assist with the logistics of FMC’s campaigns and events; which often includes editing video and audio for archives/YouTube/special projects, marketing and promotion, assisting with event-related data management, and researching panelists/sponsors/services.

The Intern to the Executive Director will spend much of their time conducting research regarding current events in the areas of our work, including tracking dockets at the FCC, reading industry publications and aiding in research of funding opportunities. Head here to learn more about the internships and how to apply.

 

Health Insurance Navigation Tool (HINT) action!

The latest issue of SPIN Magazine is a year-end roundup. Among the “best of” lists and what-have-you is an excellent article about musicians and health insurance, which they’re calling the Story of the Year.

The piece covers a lot of ground, with tons of real-life examples of artists who have suffered a health calamity but didn’t have insurance. Although it’s a sad and all too familiar story, we’re pleased that it also mentions FMC’s Health Insurance Navigation Tool (HINT) program, which provides free, confidential information to musicians seeking information about their health insurance options. HINT doesn’t sell insurance. It does, however, provide high-quality info to artists on a case-by-case, state by state basis, which goes a long way towards demystifying a complex topic. If we can’t magically fix the health insurance problems in the US, we can at least provide a way for musicians to get a grasp of their situations so that they can hopefully obtain coverage. Learn more about HINT here.

The SPIN article has some choice quotes from FMC’s HINT program officer, Alex Maiolo — an insurance expert who is also a musician. You can read the first page of the article online, but you gotta grab a copy at the newsstand for the full story. We highly recommend it, and not just because of the HINT angle — it’s just really good reporting. (And the rest of the issue is pretty sweet, too.)

While you’re at it, check out this Op-Ed from a recent edition of the Chicago Tribune, penned by FMC’s Alex Maiolo and Nan Warshaw of Bloodshot Records.

The next issue of Rolling Stone is also supposed to have an article about musicians and health insurance, with an appearance by HINT. So keep your eyes on the newsstands for that.

 

How Are We Doing?

You can always contact us at suggestions@futureofmusic.org if you have any questions.

Thanks,

Jean Cook
Michael Bracy
Walter McDonough
Brian Zisk
Kristin Thomson
Casey Rae-Hunter
Chhaya Kapadia
Nicole Duffey
Alex Maiolo

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