A2IM

Major and Indie Labels Will Be Paid The Same Webcasting Rates… For Now

Independent labels and artists had something extra to be thankful for this Thanksgiving.

In a November 25, 2015 ruling, the U.S. Copyright Office made it clear that webcasting royalty rates for the period covering 2016-2020 would treat major and independent record labels the same, as has been the case since the the establishment of a public performance right for digital transmission of sound recordings. Last week’s decision, handed down by Register of Copyrights Maria Pallante, is a response to the Copyright Royalty Board’s (CRB) question about whether the federal statute that provides for rate-setting (17 U.S. Code § 114) would permit different rates for majors and indies.

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Artist Compensation and the Future of Music

It used to be that big companies were able to define the parameters for debate about music industry issues, and make all the big decisions. What was good for corporate media and big money, we were told, was good for the artists, and for the music industry as a whole.

The desire to tell a more complete and accurate story centered on the needs and experiences of musicians was a big part of why Future of Music Coalition got started 14 years ago. By now, more people understand that the agendas of a handful of giant music companies may sometimes align with artists, but not always. In fact, these companies are very capable of misdirection when it benefits their bottom line. And tech companies don’t have a lot of experience working directly with artists, in part because the existing structures so often compel big-money negotiations with the major rightsholders. Today, we’re thrilled to see more and more artists speaking openly about the issues that impact their livelihoods. Independent labels are getting bolder too, in demanding fair treatment and respect for their different way of doing business.

Copyright Hearing Recap: Music Licensing Pt. 2

by Juan Carlos Melendez-Torres, FMC Policy Intern

The House Judiciary Subcommittee on Courts, Intellectual Property and the Internet held its second hearing on music licensing on June 25, welcoming input from a variety of interest groups and organizations as a continuation of the ongoing reexamination of our country’s copyright system.  You can find our coverage of the prior hearing here

Nine witnesses testified before the committee, offering opinions that varied in focus but all highlighted major areas of potential reform. Witnesses for this hearing included singer/songwriter Rosanne Cash representing the Americana Music Association, Cary Sherman (CEO of the Recording Industry Association of America, or RIAA), Charles Warfield on behalf of the National Association of Broadcasters (NAB), Darius Van Arman on behalf of the American Association of Independent Music (A2IM), Ed Christian of the Radio Music License Committee (RMLC), Paul Williams as President of the American Society of Composers, Authors and Publishers (ASCAP), Chris Harrison of Pandora, President of SoundExchange Michael Huppe, and David Frear, CFO of Sirius XM

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One Year Later, Copyright Alert System Still Hasn't Broken The Internet

by Juan Carlos Melendez-Torres, Policy Intern

On 28 May, 2014, the Center for Copyright Information (CCI) released their report on the Copyright Alert System’s (CAS) first ten months of activity. In direct contrast to the apocalyptic visions conjured up by opponents of the system, privacy wasn’t compromised, the free web didn’t implode and the alert system essentially self-corrected. Echoing the words of our own Casey Rae in Billboard a year ago, the internet didn’t break:

“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.

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