On November 19, 2010, FMC submitted comments to the United States Patent and Trademark Office (USPTO) and the National Telecommunications and Information Association (NTIA) in their Notice of Inquiry on Copyright Policy, Creativity and Innovation in the Internet Economy.
The comments describe the need to recognize musicians as stakeholders, particularly independents, who faced tremendous barriers to entry in the original music industry. We describe how the goal of protecting intellectual property must be balanced with a legitimate digital music marketplace built on artist access to online platforms.
We also examine current legal, technological and market-oriented efforts around copyright in the digital realm and the pros and cons of each. Given the global demand for music, the non-geographic nature of the internet and individual nations’ sovereign copyright laws, there are tremendous difficulties in implementing potential solutions. Nonetheless, there are compelling reasons to consider frameworks that streamline licensing and improve mechanisms for artist compensation.
The legal spotlight has definitely been on the Digital Millennium Copyright Act (DMCA) lately. A few short weeks ago, we told you how the U.S. District Court for the Southern District of New York handed down a victory for YouTube (owned by Google). In that case, the court interpreted the DMCA to decide that YouTube cannot be held liable for acts of copyright infringement committed by its users.
And, just last week (Monday, July 26), the U.S. Copyright Office created several new DMCA exemptions during a regularly scheduled review of this hunk o’ statute. read more
Technology has impacted pretty much every aspect of our daily lives, and this is no different for creators. Yet there are some important questions about how artists (including musicians) interact not only technology itself, but also decisionmakers who shape its evolution. ArtsJournal has a fantastic reputation for fostering discussion on a wide variety of issues, and this looks to be amazing.
Today’s post was co-authored by Shane Wagman, a 2009 Google Policy Fellow at Future of Music Coalition. She is currently a law student at the Benjamin N. Cardozo School of Law and a Howard M. Squadron Media Fellow / legal intern at the Electronic Frontier Foundation. The views and opinions in this post are wholly her own and do not reflect the views of any other organization.read more
The session kicks off with U.S. Copyright Office official Steven Tepp defending ACTA, by saying right from the outset, “Quite candidly, we’re in the midst of a worldwide epidemic of copyright piracy.” What kind of epidemic? Well, he uses that old line about how organized crime groups and terrorists are being funded by copyright infringement — a claim that the industry keeps making, but which makes little sense. Even if it were true that some crime operations are selling bootleg DVDs and such, aren’t they under the same, if not more, pressure from unauthorized internet file sharing?
U.S. copyright official Steven Tepp said Tuesday he doesn’t understand many of the current objections to the proposed Anti-Counterfeiting Trade Agreement (ACTA), a 37-nation effort to enforce copyright and counterfeit laws across international borders.
Tepp, senior counsel for policy and international affairs at the U.S. Copyright Office, dismissed objections to ACTA voiced by representatives of the Consumer Electronics Association (CEA) and Knowledge Ecology International (KEI), an intellectual-property research and advocacy group, during a debate on the trade agreement at the Future of Music Coalition’s Washington, D.C., policy forum.