Principles for an Ethical and Sustainable Internet

trichordist:

As the Copyright Act remains under review we should keep in mind the principles that guide an ethical and sustainable internet economy for all stakeholders.

Originally posted on The Trichordist:

Technology may change but principles do not. A society that encourages the creative spirit is rare in history and worth defending. The internet and digital technology have opened up many new opportunities for artists, but it has also opened up new opportunities for those who wish to exploit those artists.

We offer for discussion a set of principles as a guide for companies and policy makers to keep in mind. It is our hope that these principles will help build a sustainable online creative ecosystem, one that benefits creators, innovators, and the general public alike.

1. FAIR AND ETHICAL LABOR PRACTICES: RESPECT WORKERS’ RIGHTS
A fair and ethical internet is built on the respect and protection of the rights of individuals to determine who benefits from their labor and creations.

Since the rise of digital utopians in the 1990s, we’ve unfortunately seen many very old arguments surface as to why…

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Two Simple Facts about Technology and Piracy : iTunes Vs. YouTube

trichordist:

It’s about intent. Machines do what they are told to do by human beings, exploiting other human beings.

Originally posted on The Trichordist:

Fact number one.

Unlike Google’s YouTube, Apple’s Itunes Store does not have a piracy problem, nor does it have an unmanageable issue with DMCA notices. This is often explained that this is because Apple does not allow user generated content from just anyone, therefore there is a barrier to entry that prevents such issues. But this is simply just not true, anyone can upload an album of music to Itunes using any one of the third party aggregation services such as Tunecore or CDbaby. And yet, there are not (as far as we know) hundreds or thousands of DMCA notices and content take downs on Itunes per day, as there are on YouTube. So why is this? In a word, intent.

If Apple, Spotify, Amazon and virtually every other legal and licensed distributor of digital music can put into place, the checks and balances that are capable of managing these…

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Full Post: You Can’t Have A Have A Healthy Market Economy Without Property Rights. Why Do So Many In Tech Blogosphere Want To Abolish Cyber Property Rights And Cripple The Cyber-Economy?

Originally posted on The Trichordist:

By David Lowery

Can you imagine the outrage if leading voices in Corporate America started advocating that we abolish all individual private property rights? Citizens could no longer own any property. All property would be collectivized. Citizens could no longer profit by creating and owning things. Further what if these same corporate voices used the justification that private property rights were hindering their ability to innovate?

We’d all laugh. Or man the barricades. This would never happen, right?

Well it is happening. This is exactly what many in the tech blogosphere are arguing we should do in the cyber-economy. These faux revolutionaries are arguing that Intellectual Property and the Internet are incompatible so in the name of “freedom” Intellectual Property must go. In the cyber economy ALL property is intellectual property. This means these folks are advocating for no private property in cyberspace. What does that sound like? Depending on…

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Bit Torrent Mastermind Bram Cohen’s Interview with Andrew Keen

Originally posted on MUSIC • TECHNOLOGY • POLICY:

Notice that Cohen never–never–acknowledges that his uTorrent application powers an advertising supported piracy model or even that there is an advertising supported piracy model.  People download music for free from Facebook and Myspace.

Right.

Also note that he says all the BitTorrent employees are in San Francisco–that doesn’t include the development team in Belarus, I guess.

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The Human Rights of Artists

Originally posted on The Trichordist:

By Chris Castle

Given the plight of Chinese poet Zhu Yufu today is a good day to think about the human rights of artists. The human rights of artists is a different concept from intellectual property rights, such as copyright. Intellectual property rights are created by national laws, and the human rights of artists are recognized as the fundamental rights of all persons by all of the central human rights documents to which hundreds of countries have agreed.

These rights resonate in a number of international and national documents, but a good international agreement to consider first is the International Covenant on Economic, Social and Cultural Rights that was ratified by the United Nations General Assembly on December 16, 1966. It is important to remember that human rights are fundamental, inalienable and universal entitlements belonging to individuals, individual artists in our case. As a legal matter, human rights can be distinguished from intellectual property…

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Help Project 72 Close the Pandora Loophole and #respectallmusic

Originally posted on MUSIC • TECHNOLOGY • POLICY:

Pandora and Sirius have decided to stop paying performance royalties to artists, producers and background performers who recorded before 1972–in other words, the creators of the greatest music that influenced us all and their heirs.  Billie Holiday, Duke Ellington, Louis Armstrong, Miles Davis, Aretha Franklin, Willie Nelson, Buddy Holly, Jack Teagarden, and everyone in 20 Feet from Stardom. Just to name a few.

This is due to a gotcha in the US copyright law–the Pandora loophole–that supposedly does not extend the SoundExchange royalty to recordings made before 1972 because the U.S. did not adopt federal copyright protection for sound recordings until 1972.  The only problem with Pandora’s position is that there are lots of Members of Congress still in office who passed the 1995 and 1998 laws that created the SoundExchange royalty–and there is no Member of Congress who thought that they were creating a loophole so that Pandora…

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Garth Brooks Says I’ll Take The 80, They Can Have the 20

trichordist:

Go Garth! Why choice for artists remains important.

Originally posted on MUSIC • TECHNOLOGY • POLICY:

When Garth Brooks was at his peak the last time around, I remember a story about him that stuck.  Garth visited the sales teams at some of the biggest retailers along with his label sales executives to discuss the set up for one of his albums.  After they’d all visited for a bit, Garth asked the label execs to leave the room and he stayed with the retailer’s sales teams.  “Now tell me what you wouldn’t tell me if they were in the room,” he said (or so the story goes).

That, you see, is a business-savvy artist.  This isn’t for everyone, but if artists are interested in their business, this is exactly the kind of thing you should do.

So it’s not surprising that Garth Brooks has held his records back from digital distribution all this time.  Apple wanted to commoditize his albums by forcing him to sell on…

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The Declining Utility of the ASCAP and BMI Consent Decrees: Music Licensing Study

trichordist:

Required Reading from Music Tech Policy.

Originally posted on MUSIC • TECHNOLOGY • POLICY:

The U.S. Copyright Office is conducting a “Music Licensing Study” as part of the government’s overall review of the U.S. copyright law with an eye to potentially overhauling the entire copyright system.  (See “The Next Great Copyright Act” by Maria Pallante, the head of the U.S. Copyright Office and the nominal go-to person for the U.S. Congress on copyright issues.)  The Copyright Office has received written public comments on questions posed in its Notice of Inquiry and is also holding public Roundtables in Nashville, Los Angeles and New York  (in that order).

I filed comments with the Copyright Office and this post is the last of a three part post focusing on each of the three points I made in my comments (see Songwriter Liberty and Audit Rights Under Section 115 and “Successful” Licensing Models and the Opt Out.)  This post discusses the out…

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Worth Repeating : Copylike.Org Artists Rights Postcards

Weatherley: ‘Cutting off ad revenue to illegal sites is key to piracy battle’ | Music Week

“Following the money is the key to shutting down the vast majority of websites that host illegal material,” said Weatherley. “This report explores a number of issues surrounding the piracy debate and I hope that it will spur further discussion both in the UK and, given the international nature of this problem, in other countries across the world.

“As the Intellectual Property Adviser to the Prime Minister, I feel that it is my role to highlight just how damaging piracy is to the UK economy. It is paramount that we curb advertising revenue that is going to pirates who are, in turn, seriously damaging our creative industries.”

Commander Steve Head, head of economic crime at City of London Police, said: “Disrupting revenue to pirate websites is vital to combating online intellectual property piracy and I therefore welcome the recommendations in Mike Weatherley’s report. We must take the profit out of this type of criminality and where legitimate companies, such as payment providers, are facilitating that profit they must be held to account if they fail to act.

READ THE FULL STORY AT MUSIC WEEK:
http://www.musicweek.com/news/read/weatherley-cutting-off-ad-revenue-to-illegal-sites-is-key-to-piracy-battle/058830