RESPECT Act: SoundExchange Takes Steps to Protect Artists from Sirius XM and Pandora

Essential Reading from Music Tech Policy.

Music Technology Policy

We’ve seen quite a bit of “new boss” activity this week:  Google screwing indie labels, Amazon screwing authors and now yet another missed opportunity for Sirius and Pandora to demonstrate that they care about the artists who deliver them riches.  Yes, it’s that old and unimproved digital radio, now with even more exploitation.  Meet the new boss, worse than the old boss.

This time, however, Sirius and Pandora are behaving so badly that it requires passing new legislation just to get their noses up to the fair compensation line.  SoundExchange is taking steps to protect “legacy” artists from the most recent attack on artist royalties from Sirius XM and Pandora. Why?  Because Pandora and Sirius want to use recordings from pre-1972 without respecting the artists enough to pay them royalties, not to mention getting a license.

And pre-72 recordings are…well, how to say it?  The entire legacy of contemporary music…

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Merlin on YouTube music payouts: ‘Their figures are by far the worst’ | Music Ally

“The ironic thing is that the service that pays the least is the service that’s the most well funded and run by the biggest company in the world: their figures are by far the worst, whether you measure them on a per-stream basis or a per-user basis. I tend to get myself in trouble when I talk about that company…”

Hence his desire not to name them directly, but quote instead from an interview with Billy Bragg conducted by Music Ally earlier this year. “If we’re pissed off at Spotify, we should be marching to YouTube central with flaming pitchforks,” said Bragg – Caldas read this quote out before delivering his own pointed follow-up. “I can’t say Billy’s right, but I can say that he’s not wrong,” said Caldas.

READ THE FULL STORY HERE AT MUSIC ALLY:
http://musically.com/2014/04/30/merlin-youtube-music-payouts-charles-caldas/

RELATED:

What YouTube Really Pays… Makes Spotify Look Good!

Streaming Price Index : Now with YouTube pay rates!

U2 manager: ‘Google is the greatest theft enabler on the internet’ | Music Week

Discussing piracy, McGuinness suggested Google isn’t dealing with illegal links because “they don’t want to”.

“There are some vested interests that could help a lot more than they are doing,” he explained. “Google is the greatest theft enabler on the internet, when I Google YouTube music there are multiple opportunities to steal it.

“I don’t think the industry takes [Google’s] promises to take things down when they get a notice sincerely. They take it down but the bots replace them immediately. I don’t thinks it’s beyond the ingenuity of those clever people at Google to deal with that, but I don’t think they don’t want to.”

READ THE FULL STORY AT MUSIC WEEK:
http://www.musicweek.com/news/read/u2-manager-google-is-the-greatest-theft-enabler-on-the-internet/058534

YouTube Continues to Bully Indie Artists. Now Threatening to Reveal Personal Information.

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“Letters in red read: Claimant Information will be published on the Youtube site in place of the disabled video”

Nothing says “I’m a total dick” like threatening to reveal one’s personal information to the world. But that’s exactly what the second largest company on earth does.  This is YouTube/Google’s stated policy.  Not even the TV show Silicon Valley has brogrammer-villains this vindictive.

Here’s how this works:

If you are an independent songwriter or performer and say one of your songs is leaked in advance of the record?  You do what you’ve done a hundred times on other sites. You fill out a DMCA notice and most of the time the site pulls the song.

But YouTube/Google of course has to be a total dick about it.  When you attempt to do this with YouTube this is the  screen that greets you when you attempt to file a complaint.  Read it.   They’ll let you take the song down but they’re gonna plaster your personal information all over the web.

This goes beyond bullying.  This is flat out intimidation. They get to keep something of  YOURS  or they reveal your personal information.  Didn’t they used to call this EXTORTION?

Of  course the major record labels have access to something called the Content ID system.   They don’t get treated the same.  Indie artists?  We get bullied and intimidated.  Don’t stand for this.

Write your congressmen, state AG, and the DOJ directly.

To write your congressman:

http://www.contactingthecongress.org

To find your state Attorney’s General:

http://www.naag.org/current-attorneys-general.php

To report anti-trust concerns directly to the DOJ:

http://www.justice.gov/atr/contact/newcase.html#document

 

 

 

 

 

DOJ Should Investigate Google/YouTube Bullying of Indie Labels. If Not? Congress should investigate DOJ.

What does Google have to do to finally get the anti-trust and anti-competitive practices scrutiny it deserves?

If the facts being reported in this Guardian article are correct  Google/YouTube has clearly crossed the line.  The Guardian reports:

“WIN, which represents independent labels worldwide, claims that YouTube is approaching labels directly with a “template contract” and threatening that if they do not sign it, all their music videos will be blocked on YouTube.It also claims the terms of the contract are non-negotiable, and undervalue the music of these labels in comparison to Spotify, Rdio, Deezer and other subscription streaming services.”

So YouTube is using it’s video monopoly to leverage concessions in the music streaming marketplace?  Sure looks like it. This is by definition an anti-competitive practice.   How f—ing blatant do you have to be to get the DOJ’s attention?  If the DOJ does not investigate perhaps Congress needs to investigate the DOJ?   If the feds can’t get it done it’s time for the State AG’s need to look into this.

If you are an independent musician or you own an indie label consider contacting your congressman, state AG office or the DOJ.

To write your congressman:

http://www.contactingthecongress.org

To find your state Attorney’s General:

http://www.naag.org/current-attorneys-general.php

To report anti-trust concerns directly to the DOJ:

http://www.justice.gov/atr/contact/newcase.html#document

 

 

 

Google/YouTube Said to Be Threatening Censorship Of Artists Videos | The Guardian UK

There is an interesting story breaking in the UK’s Guardian about negotiations between indie labels rights organization Worldwide Independent Network (WIN) and Google’s YouTube.

“Music industry trade association the Worldwide Independent Network (WIN) has accused YouTube of strong-arm negotiating tactics trying to force indie labels to sign up to the new service.

WIN, which represents independent labels worldwide, claims that YouTube is approaching labels directly with a “template contract” and threatening that if they do not sign it, all their music videos will be blocked on YouTube.”

Bring on the black out? How ironic would it be that Google would resort to content blocking as the champions of an open internet and freedom of speech online.

We can see it now…

This video has been removed by Google who chose not to compensate the creator fairly for their work. Sorry about that ;-(

READ THE FULL STORY AT THE GUARDIAN UK:
http://www.theguardian.com/technology/2014/may/22/indie-labels-youtube-subscription-music

Follow the Money: Senate Homeland Security Committee Investigating Online Advertising

Music Technology Policy

The Permanent Subcommittee on Investigations of the Senate Homeland & Governmental Affairs Committee is holding a hearing on May 15 at 9:30 am ET entitled “Online Advertising and Hidden Hazards to Consumer Security and Data Privacy“.

Not only should the Subcommittee be focused on consumer security–they should also be concerned with advertiser fraud.

The Subcommittee will no doubt be regaled with excuses from the online advertising business trying to explain away how it is that sites selling all manner of illegal stuff are publishing ads by Fortune 500 companies–but none of the biggest advertising exchanges have anything to do with it.  And those exchanges just happen to be owned and operated by the two biggest search engines:  Google and Yahoo.

The witnesses include Alex Stamos, Chief Information Security Officer, Yahoo! Inc. and George F. Salem, Senior Product Manager, Google, Inc.  Perhaps they can explain how it is…

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Q. When does $0.000126 = $3.2 Billion? A. When Apple Buys Beats Music.

Someone sent us this interesting document.   This is real.

Never mind that Beats only has 110k subscribers.   Is Apple Buying Beats simply because of the  ridiculously low royalty that songwriters are paid?

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++++++++++++++++++++++++UPDATE++++++++++++++++++++++++++++++++++++++++++

People may be getting the impression that we are down on the Beats service. We actually like Beats from an performers perspective for several reasons. here are two.

1)  As a pay platform-not advertising supported-there is higher revenue per stream.  We are paid on a percentage of revenue.  We make more money as a consequence.

2) The major record labels appear to own less of Beats (then they do of Spotify) and perhaps another explanation for the higher royalty rate at Beats is less was traded away for stock. Perhaps we will get more information about this if there is a Hart-Scott-Rodino Act hearing on the sale given Apple’s dominant position in hardware and music services.

What we don’t like is that as Songwriters we are paid so little.

DMCA “Take Down and Stay Down” Is The Logical Solution to a Flawed Loophole [VIDEO]

Earlier this week Digital Music News reported that Google is getting over 1 million DMCA take down requests per DAY! If this isn’t the single greatest illustration of the failure of the DMCA to protect artists and creators we don’t know what is.

No matter how many notices can be sent, or the standardization and efficiency in doing so, the volume of infringement far exceeds any rational ability to combat the flood of infringement.

The only logical solution is to fix the DMCA whereby when a valid notice is sent and complied with, that the infringing content can not be re-uploaded again, and again and again as we detailed in our post “The DMCA Is Broken.

These videos below illustrate the issue, both present testimony from the Congressional hearing on March 13, 2014.

https://vimeo.com/94514834


 

We’d also like to thank Congresswoman Judy Chu for acknowledging and entering into congressional record our post by Chris Castle on how to address these issues with the DMCA. Video below.

You can read that post here:

Safe Harbor Not Loophole: Five Things We Could Do Right Now to Make the DMCA Notice and Takedown Work Better