Lou Reed Exploited By American Express, AT&T, Chevorlet, Chili’s, Lysol, Pottery Barn, Vons, Domino’s Pizza, Netflix, Galaxy Nexus and Ron Jeremy!

Here we go again… We can go to Google and within minutes search for an artist of stature such as Lou Reed and quickly find unlicensed and infringing internet businesses exploiting his life’s work illegally while paying the him nothing, zero, zilch, nadda, zippo.

There are many disappointing things about all of this, but the first is that when doing a simple Google search for “Lou Reed Mp3″ the first five returns are for illegally operating and infringing sites.

This doesn’t count YouTube which may or may not be infringing, and may or may not actually be paying Lou from the advertising revenue (on this video, in the screen shots below for example). This is all the more troubling because we know that this can be easily filtered if there is the will to do so.

Perhaps most disappointing however is that major companies like American Express, AT&T Chevorlet, Chili’s, Lysol, Pottery Barn, Vons, Domino’s Pizza, Netflix and Galaxy Nexus are still supporting the this exploitation of artists with corporate advertising dollars. These companies not only supply the funding for these sites exploiting artists to exist, but perhaps even worse they add legitimacy to music piracy by lending their brand identity to it.

Clearly there is a lot of money being made in the distribution of music on the internet. Sadly not much of that money (or in this case NONE of it) is being distributed (or uhm, “shared”) with the artists themselves.

In any value chain where the artists work is being distributed and/or exploited for profit, the artist should be included in that value chain.

LouReedGoogleSearch

LouReedAMEX

LouReedATT

LouReedCHEVY LouReedCHILI'S LouReedLYSOL

LouReedPOTTERYBARN

LouReedGalaxyNexus

LouReedDOMINOS

LouReedNETFLIX

Not only do we see the major companies supporting these sites but there’s also the scam ads, rip offs and bogus services. And here’s where it gets even uglier…on sites like The Pirate Bay the work of Lou Reed is promoting adult (escort services?) and porn products like the one offered by Ron Jeremy below.

LouReedTPBPORN

Let us not forget that the above examples represent a drop in the ocean of the over 200,000 infringing sites that Google alone is tracking.

See more Corporate Advertising Funded Exploitation of Artists:
Tom Waits * Neil Young * Aimee Mann * Neko Case * U2 * Ben Gibbard/Death Cab For Cutie * East Bay Ray / Dead Kennedy’s * Billy Corgan/Smashing Pumpkins

Look who’s Pirating now! University Of Georgia Music Business Program’s Preliminary Study Of Advertising On Copyright Infringing Sites.

Jonathan Taplin at  USC’s  Annenberg Center has spent the last few month studying which parts of the online advertising ecosystem are delivering advertising (and hence revenue) to unlicensed music sharing and streaming sites.   His study has caused quite a stir in the advertising and entertainment industry.  Jonathan recently asked me to corroborate some of his findings regarding which brands are advertising on these websites. These are  the results of my preliminary survey.

Over two weeks in April  I had a group of students at UGA note which “brands” were advertising on a small set of sites that stream and distribute my own music without permission or compensation.  I chose sites that featured my own music for a very specific reason:  I could be 100% certain that they were exploiting my material without permission and were hence illegitimate sites.  Third party sources agree with my assessment. For instance The Google Transparency Report has all but 1 of these sites  in the top 200 recipients of DMCA takedown notices.

The purpose of the preliminary study  is not to identify how these advertisements end up on these infringing sites, but simply which brands are appearing on these sites.  We realize that brands often do not realize that their ads are appearing on these sites.   We hope this information is useful to advertisers, advertising agencies and the entertainment industry.  We believe along with artists the brands are also victimized by this practice because they are not geting the quality advertising for which they’ve contracted. And often their ads  appear next to unseemly videos and ads for adult and fetish sites thus damaging the image and reputation of the brands.  We encourage the listed brands to conduct audits of those responsible for placing these ads.  If it’s not possible for those responsible  to comply with an audit demand you should be aware that it is then highly likely that your ads will continue appearing on these sites!

Below I’ve listed the brands in two orders.  The first lists the brands by frequency, adjusted by a “breadth” coefficient. I will explain this breadth coefficient in subsequent post, but because of the way advertisers “track” web users,  the sheer number of a brand’s ads on a website can be somewhat misleading.   For instance ads for the apartment complex “River One” seemed to follow a single student the entire two weeks, but none of the other students recorded an ad from this company. This does not mean that “River One” isn’t in fact funding sites that exploit artists without compensation, it’s just a number of factors could be distorting their overall rankings.  Hence the breadth adjustment to dampen some of these effects.

In the following days  I’ll publish my rather simple  methodology and links to raw data.  Items that expose students identity will be redacted.

University Of Georgia Music Business Program Top 40 Brands Advertising On File Infringing Sites- Preliminary Survey (Breadth Adjustment):

Based on sample of 1,851 pageviews.

April 10-26 2013

rank Top Advertisers instances % “breadth” frequency adj for breadth
1 Country Financial 157 8.5% 100.00% 8.48%
2 Become.com 89 4.8% 100.00% 4.81%
3 AT&T 60 3.2% 100.00% 3.24%
4 Champion roofing 51 2.8% 100.00% 2.76%
5 State Farm 47 2.5% 75.00% 1.90%
6 Target 39 2.1% 87.50% 1.84%
7 Georgia Natural Gas 31 1.7% 100.00% 1.67%
8 AAA 29 1.6% 87.50% 1.37%
9 Rooms To Go 33 1.8% 62.50% 1.11%
10 Allstate 20 1.1% 100.00% 1.08%
11 Transunion 24 24 1.3% 75.00% 0.97%
12 H&R Block 18 1.0% 75.00% 0.73%
13 Pirate storm 26 1.4% 50.00% 0.70%
14 Quibids.com 13 0.7% 100.00% 0.70%
15 Coca-Cola/American Idol 16 0.9% 75.00% 0.65%
16 The New York Times 16 0.9% 75.00% 0.65%
17 One River Place (Atlanta GA) 94 5.1% 12.50% 0.63%
18 Progressive insurance 22 1.2% 50.00% 0.59%
19 Xfinity 15 0.8% 62.50% 0.51%
20 Nationwide 15 0.8% 50.00% 0.41%
21 Suntrust 14 0.8% 50.00% 0.38%
22 The Gold Coast Casino 11 0.6% 62.50% 0.37%
23 Norton 9 0.5% 62.50% 0.30%
24 Just fab boots 14 0.8% 37.50% 0.28%
25 Wartune 10 0.5% 50.00% 0.27%
26 Bing 5 0.3% 100.00% 0.27%
27 Dominos 15 0.8% 25.00% 0.20%
28 Karaolke Pink 28 1.5% 12.50% 0.19%
29 Charter 7 0.4% 50.00% 0.19%
30 Google chrome 12 0.6% 25.00% 0.16%
31 Sea World Busch Gardens 6 0.3% 50.00% 0.16%
32 Victoria’s Secret 11 0.6% 25.00% 0.15%
33 Royal Carribean 11 0.6% 25.00% 0.15%
34 Publix 7 0.4% 37.50% 0.14%
35 Dodge dart 20 1.1% 12.50% 0.14%
36 Bodies The Exhibtion 10 0.5% 25.00% 0.14%
37 The Heist 16 0.9% 12.50% 0.11%
38 HTC 5 0.3% 37.50% 0.10%
39 Pull-ups 5 0.3% 37.50% 0.10%
40 Spirit Airlines 5 0.3% 37.50% 0.10%

Unadjusted for “breadth.”

rank Top Advertisers instances % “breadth” frequency adj for breadth
1 Country Financial 157 8.5% 100.00% 8.48%
2 One River Place (Atlanta GA) 94 5.1% 12.50% 0.63%
3 Become.com 89 4.8% 100.00% 4.81%
4 AT&T 60 3.2% 100.00% 3.24%
5 Champion roofing 51 2.8% 100.00% 2.76%
6 State Farm 47 2.5% 75.00% 1.90%
7 Target 39 2.1% 87.50% 1.84%
8 Rooms To Go 33 1.8% 62.50% 1.11%
9 Georgia Natural Gas 31 1.7% 100.00% 1.67%
10 AAA 29 1.6% 87.50% 1.37%
11 Karaolke Pink 28 1.5% 12.50% 0.19%
12 Pirate storm 26 1.4% 50.00% 0.70%
13 Transunion 24 24 1.3% 75.00% 0.97%
14 Progressive insurance 22 1.2% 50.00% 0.59%
15 Allstate 20 1.1% 100.00% 1.08%
16 Dodge dart 20 1.1% 12.50% 0.14%
17 H&R Block 18 1.0% 75.00% 0.73%
18 Coca-Cola/American Idol 16 0.9% 75.00% 0.65%
19 The New York Times 16 0.9% 75.00% 0.65%
20 The Heist 16 0.9% 12.50% 0.11%
21 Xfinity 15 0.8% 62.50% 0.51%
22 Nationwide 15 0.8% 50.00% 0.41%
23 Dominos 15 0.8% 25.00% 0.20%
24 Suntrust 14 0.8% 50.00% 0.38%
25 Just fab boots 14 0.8% 37.50% 0.28%
26 Quibids.com 13 0.7% 100.00% 0.70%
27 Google chrome 12 0.6% 25.00% 0.16%
28 lowermybills.com 12 0.6% 12.50% 0.08%
29 The Gold Coast Casino 11 0.6% 62.50% 0.37%
30 Victoria’s Secret 11 0.6% 25.00% 0.15%
31 Royal Carribean 11 0.6% 25.00% 0.15%
32 Wartune 10 0.5% 50.00% 0.27%
33 Bodies The Exhibtion 10 0.5% 25.00% 0.14%
34 Norton 9 0.5% 62.50% 0.30%
35 Colorado tech 8 0.4% 12.50% 0.05%
36 Charter 7 0.4% 50.00% 0.19%
37 Publix 7 0.4% 37.50% 0.14%
38 Bruno Mars 7 0.4% 12.50% 0.05%
39 Sea World Busch Gardens 6 0.3% 50.00% 0.16%
40 Alzhiemer association 6 0.3% 25.00% 0.08%

IsoHunt Court Ruling Notes “Ad Sponsored Piracy”: Exploitation is not Innovation

The 9th Circuit delivers a substantial win for creators in its IsoHunt ruling, as The Copyright Alliance notes in it’s summary which quotes this from the court directly,

“Fung promoted advertising by pointing to infringing activity; obtained advertising revenue that depended on the number of visitors to his sites; attracted primarily visitors who were seeking to engage in infringing activity, as that is mostly what occurred on his sites; and encouraged that infringing activity. Given this confluence of circumstances, Fung’s revenue stream was tied directly to the infringing activity involving his websites, both as to his ability to attract advertisers and as to the amount of revenue he received.”

It would appear that the motives of these for profit businesses are being seen for what they are, nothing more than than the blatant exploitation of artists and creators. It should be recognized that this practice is not unknown within the online advertising/tech business either, as reported by Jack Marshall’s post titled “Why is Ad Tech Still Funding Piracy?” in DigiDay,

Visit the top torrent search engines, and you’ll find ad calls from Yahoo, Google, Turn, Zedo, RocketFuel, AdRoll, CPX Interactive and others. These sites exist to connect people with illegal downloads of intellectual property, a practice that’s estimated to cost the U.S. economy $20 billion in the movie industry alone. No matter your feelings about U.S. copyright laws, they are laws, and there’s no doubt these sites facilitate illegal behavior, even if they don’t house the content themselves. The oxygen that sustains many of these sites is advertising, delivered by the vast archipelago of the ad tech industry.

According to AppNexus CEO Brian O’Kelley, it’s an easy problem to fix, but ad companies are attracted by the revenue torrent sites can generate for them. Kelley said his company refuses to serve ads to torrent sites and other sites facilitating the distribution of pirated content. It’s easy to do technically, he said, but others refuse to do it.

“We want everyone to technically stop their customers from advertising on these sites, but there’s a financial incentive to keep doing so,” he said. “Companies that aren’t taking a stand against this are making a lot of money.”

If you want to see more examples of Ad Sponsored Piracy in action, see our post, “Over 50 Major Brands Supporting Music Piracy, It’s Big Business!” Mainstream awareness of the subject has been growing due in part  by the work being done by the Annenberg Innovation Lab which has been reported in the Los Angeles Times and The New York Times earlier this year. And The Wall Street Journal also reported on the role of advertising in its reporting of wider ranging issues facing creators battling online piracy,

Another focus is online-ad networks, which media companies say help finance piracy by placing ads on sites that traffic in unauthorized content. A study last summer, commissioned in part by Google, found that 86% of peer-to-peer sharing sites are dependent on advertising for income.

As more awareness builds, the truth becomes plain to see and painfully obvious. Unfortunately there are still those in the tech blogosphere who like to defend businesses exploiting artists and claiming that this is a non-issue making statements like, “internet display ads pay next to nothing.” This remark seems to be a direct contradiction with the statement by the very knowledgeable AppNexus CEO Brian O’Kelley, who above stated, “Companies that aren’t taking a stand against this are making a lot of money.”

Bottom Line: Exploitation is not Innovation.

The Wall Street Journal Reports on Ad Sponsored Piracy – Mainstream News Outlets Acknowledge Major Problem Effecting Artists And Creators

Yesterday the Wall Street Journal added it’s voice to mainstream news outlets such as The New York Times and The Los Angeles Times reporting on major brand funded ad sponsored piracy.

Another focus is online-ad networks, which media companies say help finance piracy by placing ads on sites that traffic in unauthorized content. A study last summer, commissioned in part by Google, found that 86% of peer-to-peer sharing sites are dependent on advertising for income.

NBC’s special unit said it recently discovered advertisements for Blockbuster and the U.S. Forest Service on cyberlockers that had trafficked in its content without permission. The ads had been supplied through Google’s AdSense, which places ads related to keywords.

Blockbuster said it had “policies and controls” to stop improper ad placement, but called it an “ongoing challenge.” The Ad Council, which handles ads for the Forest Service, said any time its ads ran on questionable sites, it requested that they be taken down immediately.

After a request from NBC, Google removed the ads, said NBC Universal’s Mr. Cotton.

A Google spokeswoman declined to comment on the ads but said that, as a policy, AdSense ads aren’t supposed to be displayed on sites that contain or link to copyright-infringing content. She noted that the company disables “thousands of accounts proactively, as well as at the result of requests.”

Read more here : WSJ - As Pirates Run Rampant, TV Studios Dial Up Pursuit

How Musicians Are (Not) Making Money, and who is… @SFMusicTech w/ East Bay Ray

SF Music Tech is always a great place to get the temperature of the current ideology and trends relating to music and technology. Brian Zisk does a great job of creating an environment for the tech community to explore it’s relationship to music and musicians.

Respect Musicians Choices. Musicians need to get Paid.

Artists should have creative control over their work, their careers and they should be paid fairly. We couldn’t agree more. This sentiment was echoed by Emily White of Whitesmith Entertainment on one panel and was ofter heard repeated during the day. Whenever there was a “shout out” to give props to musicians it was almost always met with universal applause from the audience regardless of the panel topic.

During the day the mantra of how artists deserved respect and payment was heard over and over. Everyone loves musicians. Musicians need to be paid. But some struggled to truly accept this as a universal concept that extended to businesses operating on the internet as well.

We’ve all heard the stories of musicians being exploited by record labels, music publishers, band managers, booking agents, etc. These tales are almost universally met with disgust, as they should be. But when artist exploitation takes the form corporate profiteering on the internet the tech community often recoils into a bit of selective reasoning and double standards.

So let us say this loud and clear about people throwing stones inside of glass houses… any wrong doing of illegally exploiting musicians for corporate profiteering should be unacceptable even it is happening on the internet.

How Musicians Are (Not) Making Money

Kristin Thompson from the Future OF Music Coalition noted that even though there may be many new revenue streams available to musicians, many of them only pay “micro pennies.” The consensus was clear and perhaps best summed up by Incubus manager Steve Rennie who essentially said, “eventually this should all work it self out where musicians can earn professional careers again, but the timing might just be really bad for this generation of musicians, and that’s the luck of the draw in life.” We actually don’t find that to be encouraging.

The irony and the disconnect didn’t take long to surface when East Bay Ray from the Dead Kennedy’s pointed out how exactly musicians don’t get paid from corporately funded music piracy sites when he showed a screenshot from mp3skull providing free downloads of his bands music financed by 1-800 Flowers and Alaska Airlines.

Willful Blindness

Of course those who believe in the exploitation of musicians for the profit of internet businesses had no problem rapidly resorting to name calling when it would be a lot more productive to acknowledge the problem as a detriment to the livelihood of musicians, and seek to work towards a cooperative solution to help musicians get paid.

What about Transparency, Being Open and More Human?

Ray went on to note how the negative effects of these sites create an environment that allows companies like YouTube to operate as an opaque black box. Using the best publicly available information he quickly calculated that YouTube’s 35% payment to artists (versus Itunes and Spotify’s 70%) could be a contributing factor to the 45% decline in professional musicians in the last decade. By Ray’s calculations (here at Digital Music News) the numbers may create a loss of 12,000 middle class musicians.

The Elephant In The Room

Some would like to argue that the revenue these sites are generating is inconsequential. These people seem to have difficulty understanding that if brand sponsored piracy can support 200,000 infringing domians that Google is tracking in it’s transparency report, then there is clearly enough there that musicians should be getting paid.

The real point is that there appears to be plenty of money being made online from the distribution of music, it’s just that the money is not being “shared” with musicians.

200kDomainsTracked

Any honest conversation about compensation to musicians has to address the single largest detriment to the revenue of artists at any level, which are the ad network financed music piracy sites. Ignoring these sites leaves out the most critical variable in evaluating fair and ethical compensation models when over 200,000 sites pay nothing at all to musicians with unlimited access to illegally free inventory. These sites profit from exploiting musicians and paying the musicians nothing.

Any legally licensed, legitimate music tech start up also has to acknowledge that mass scale, enterprise level, commercial infringement of music does NOT create a better environment for innovative entrepreneurs but rather a much more difficult one.

The truth is, there is no new professional middle class of musicians. The grand experiment of the digital utopia has been a massive failure for musicans and everyone at SF Music Tech now knows it. The soft back peddling by most on old hard line positions shows clearly that the reality for professional musicians has gotten worse, not better.

One of the most overheard phrases of the conference was, “we have to do better to get musicians paid.” Indeed, as we have noted here the truth is self evident, if the Internet is working for musicians, why aren’t more musicians working professionally? Not everyone aspires to work a day job, make music as a hobby and allow internet corporations to profit from their labor, illegally.

“Here we are, stuck with all these people who want music for free,” said Dave Allen, founding member of Gang of Four and interactive strategist at the branding agency North. “We have to find a way for musicians to make a living.”

If the tech and internet community are truly interested in getting musicians paid wouldn’t it make sense to start where money is already being made?