“Happy Birthday” is the song everyone and your cat knows. The Guinness Book of World Records lists it as the most frequently sung English song, but it is recognized around the world and sung enthusiastically in many different languages at birthday parties for children and adults alike. With hundreds of millions of public performances and easily billions of private ones, it without a question the most popular song in the musical canon of the twentieth century. Not to mention examples like Marilyn Monroe’s serenade version to the U.S. President John F. Kennedy in 1962 – an iconic performance of an iconic song. read more
The idea of so-called compulsory licensing has been getting attention lately, because songwriters feel they’re being underpaid for their work. But having compulsory licensing makes the music business more efficient and serves a social good, according to Casey Rae of the Future of Music Coalition. “After all, what would the world be like if Patsy Cline had never recorded ‘Crazy’ by Willie Nelson,” he writes in a blog post.
Last week, beloved musical humorist “Weird Al” Yankovic dropped his new album Mandatory Fun. Propelled by a set of eight viral videos, it quickly rose to the top spot on the Billboard charts, his first ever #1, with over 104,000 album sales. Al recently told the New York Times, “I wasn’t thinking, ‘Oh, I’m on the bleeding edge of marketing, this is going to be a business model that will change the world.” But as a longtime (possibly obssessive?) fan of Al, I’d suggest there’s still a few things we can learn from him. read more
Maybe it was in celebration of International Happiness Day, or maybe it was just coincidence, but this week saw three high-profile copyright cases all resolved through out-of-court settlements.
First, upstart toy company GoldieBloxsettled with Beastie Boys over the unauthorized use of a version of the Beasties song “Girls” with altered lyrics in an online ad video. As we reported in December, the case was framed initially as a question of whether the video qualified as fair use, but it also raised issues of trademark infringement, false endorsement, unfair competition, and misappropriation of publicity rights. In the end, the Beasties got what The Hollywood Reporteroriginally reported that they were after: a donation by Goldieblox to a charity of the Beasties’ choice, based on a percentage of revenue, and a more substantive apology:
Tuesday’s session was somewhat more focused than previous hearings, but was unfortunately cut short due to a scheduled floor vote. Although it didn’t go into as much depth as we’d have liked, the hearing offered valuable perspectives on an often contentious subject.
Witnesses on the panel included law professors Peter Jazsi and June Besek, author Naomi Novik representing the Organization for Transformative Works, songwriter and musician David Lowery of Cracker/Camper Van Beethoven and Kurt Wimmer of the Newspaper Association of America.
As we mentioned, fair use is a unique legal exception allowing artists and others to make use of copyrighted material without obtaining permission from the author or rightsholder. But fair use doesn’t mean you can just use whatever you want whenever you please—there are four specific factors that courts weigh to make determinations about the “fairness” of a use. (Check ‘em out here.)
Fair use has produced a lot of debate, from 2 Live Crew’s “Oh Pretty Woman” parody to controversies over mass digitization to the recent Beastie Boys vs Goldieblox dispute. As ranking member Rep. Howard Coble (R-NC) noted, the flexibility of fair use is a strength. A weakness is that that it doesn’t always provide perfect clarity. This might be why fair use tends to be poorly understood by the general population.
On January 28, 2014, Future of Music Coalition submitted written testimony to the House Judiciary Subcommittee on the Courts, Intellectual Property and the Internet in its hearing on “The Scope of Fair Use.”
House Subcommittee on the Courts,
Intellectual Property and the Internet
2138 Rayburn Office Building
Washington, DC 20515
January 28, 2013
Dear Chairman Goodlatte, subcommittee Chairmen Coble and Marino and members of the committee:
We are honored to submit the following testimony for the record in this hearing on the scope of fair use. read more
Judiciary Subcommittee on Courts, The Internet, & Intellectual Property
Sunday, July 20, 2014
FMC has been closely monitoring the Subcommittee’s ongoing review of the Copyright Act, with special attention to musicians’ needs and perspectives. Here’s a chronology of events so far, with links to our coverage and commentary, along with video of the archived hearings.
Here at FMC, we regularly engage in a kind of protracted dialog with government through public comments and other filings that can extend over years (actually, thirteen and counting!). While we don’t claim to have all the answers, we do believe that our history of direct engagement with musicians, composers, independent labels, publishers, PROs, unions and others is useful for policymakers to consider as they grapple with the many questions facing creators in the digital age.
On Wednesday, Nov. 14, 2013, FMCfiled comments with the United States Patent and Trademark Office (USPTO) regarding their recent “green paper”—itself a product of the Internet Policy Task Force comprised of USPTO, the Department of Commerce and the National Telecommunications and Information Administration. Way back in 2010, we filed comments in the original proceeding that resulted in this year’s report, Copyright Policy, Creativity, and Innovation in the Digital Economy [PDF].
Future of Music Coalition filed the following comments with the United States Patent and Trade Office (USPTO) in an inquiry related to a previously published “green paper” from the Internet Policy Taks Force (a joint effort also including the United States Copyright Office and the National Telecommunications and Information Administration).