True or false: Songs/compositions must be registered with the US Copyright Office before they can be released commercially.
How about this one: A classical composer’s music is streamed on Spotify. Her publishing company is a member of the Harry Fox Agency in the US. As the composer, what should she expect to receive in royalties when her compositions are streamed by user request on this interactive service?read more
Post authored by Policy Intern Cody Duncan and Legal Intern Satie Munn
As reported by the New York Times, it appears that the French government is taking steps to make changes to HADOPI (known by its French acronym) — the agency charged with enforcing the country’s “three strikes” anti-piracy regime.
In an effort to crack down on digital media piracy, France passed legislation in 2009 imposing substantial penalties on citizens who engage in illegal file sharing. Under this legislation, users receive two warnings regarding their alleged unlawful behavior with a third offense potentially resulting in suspension of their internet service for two months to a year.
Four years later, the law (as it stands) may be in jeopardy. If reports are to be believed, French President François Hollande intends to shutter HADOPI and reduce the penalties associated with digital media piracy. One report prepared for the government suggests implementing a €60 ($78) fine for repeat offenders rather than disconnecting their Internet access. The French minister in charge of Internet policy, Fleur Pellerin, supports such a change, saying, “Today, it’s not possible to cut off Internet access. It’s something like cutting off water.”
FMC’s Casey Rae will participate in a panel discussion on digital copyright enforcement during the World Creators Summit in Washington, DC from June 4-5 (our session is at 11:30 AM on Wednesday, June 5). Interestingly, the conversation also includes Sarah Jacquier, Director of Legal Affairs of HADOPI. This is in addition to Jill Lesser, Director, Centre for Copyright Information; Satoshi Watanabe, Deputy General Manager of General Affairs Bureau, JASRAC. Helienne Lindvall, songwriter, musician and Music & Media Columnist for The Guardian, will moderate.
[…]“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
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.
What if there was a copyright enforcement policy and the Internet didn’t break?
In July of 2011, several Internet Service Providers announced a “Memorandum of Understanding” with major entertainment industry groups. In this memorandum, ISPs agreed to implement a “graduated response” program to educate and potentially penalize internet users suspected of sharing or downloading unauthorized copyrighted material. Fast-forward to last week, when the Copyright Alert System (CAS) was officially activated under the auspices of the newly-formed Center for Copyright Information (CCI). read more
It’s the age of the one-man band, but the picture looks different from days past. Along with the drum on a strap, and a harmonica on a metal brace, the performer now carries a laptop – and with that and an Internet connection, she or he records and distributes music, designs Web sites, and schedules tour dates.
To understand better the issues affecting how American musicians earn a living today, the Future of Music Coalition launched in 2010 Artist Revenue Streams, a multi-stage research project to document musicians’ revenue streams. Kristin Thomson, co-director of “Artists Revenue Streams,” shares the recently-released results with CCC’s Chris Kenneally as part of the Beyond the Book Podcast series. […]
A week after the Grammy Awards celebrations, the music industry is hunkering down for what could be an intense yearlong fight over corporate consolidation.
The ownership landscape of the major music companies has shifted significantly in the last year. In May, the Warner Music Group was sold to Access Industries, a conglomerate controlled by the Russian-born billionaire Len Blavatnik, and in November Citigroup reached deals to split EMI — home to the catalogs of the Beatles, Coldplay and Katy Perry — between Sony and the Universal Music Group. read more
On February 15, 2012, Future of Music Coalition sent a letter to the Federal Trade Commission voicing concerns about the propsed aquisition of EMI Music by Universal Music Group (UMG). In it, we describe how competition allows for more innovation and opportunities for artists, and that the sheer market power of a post-acquisition UMG would inhibit the growth of the legitimate digital music marketplace.
February 15, 2012
Mr. Richard Feinstein, Esq., Director
Mr. Norman Armstrong, Esq., Deputy Director
Office of Policy and Coordination
Bureau of Competition, H-374
Federal Trade Commission
600 Pennsylvania Avenue, NW
Washington, DC 20580
Neil Young simply ran away with the news cycle this week. You’d think he was Kim Dotcom, what with all the hullabaloo.
By now, you’ve probably heard the comments from Mr. Young — the occasionally affable and always Canadian singer-songwriter — about how “piracy is the new radio.” His remarks came during AllThingsD’s Dive Into Media Conference on January 31, and have been bouncing around the interwebs at incredible velocity ever since. read more