TY @northmusicgroup + @thetrichordist 🚀
— ☠️ Kay Hanley Ξ (@kayhanley) May 25, 2021
The Copyright Royalty Board must allow songwriters + indy publishers to participate in CRB decisions. A public comments period would ensure that testimony not be limited to only wealthy, powerful interests.https://t.co/R1MQUwKadY
Author: Trichordist Editor
Trichordist Editor
@NorthMusicGroup Letter to Congress on Frozen Mechanicals and the Copyright Royalty Board
May 13, 2021 – By Email
Senator Dianne Feinstein Senator Alex Padilla
United States Senate United States Senate
331 Hart Senate Office Building B03 Russell Senate Office Building
Washington, D.C. 20510 Washington, D.C. 2010
Re: Potential Settlement of Mechanical Royalty Rates in CRB Phonorecords IV
Dear Senators Feinstein and Padilla:
I am a California-based music publisher.
I’m writing to you to express my concern regarding the private party settlement submitted to the Copyright Royalty Board by the NMPA, NSAI, UMG, WMG and SME related to the Phonorecords IV physical and download mechanical rate.
My father-in-law was the composer and songwriter, Alex North. Alex worked for years, crafting scores to Hollywood feature films, and writing songs to accompany picture.
In 2015, Alex’s score to A STREETCAR NAMED DESIRE was added to the Library of Congress’ National Registry, as a recognition of the music’s importance as part of the fabric of United States arts and culture.
Alex composed the score to a 1955 film entitled UNCHAINED. The theme to that film became the melody to the song “Unchained Melody,” with the lyric written by Hy Zaret.
“Unchained Melody” has been recorded by thousands of artists, in all styles and genres. The lyric has been adapted to at least 20 different languages. “Unchained Melody” is among the most popular wedding songs of all time. Listeners still download recordings of “Unchained Melody.” They still buy CDs and vinyl releases.
I am the music publishing administrator of “Unchained Melody,” on behalf of my family and the Zaret family. I also administer over one hundred thousand other copyrights on behalf of legacy songwriters and their families, and on behalf of current songwriters and composers.
Songwriters struggle to earn a living wage. With the advent of digital streaming, physical and download sales have certainly declined. However, they have absolutely not disappeared. Anybody who says this royalty stream does not matter is simply not telling the truth.
The royalty amount for the digital stream of a song is a micropenny. Unless it is a top songwriter with hundreds of millions to billions of streams, there is an excellent chance that songwriter still may be driving Uber to support herself and her family.
It takes hundreds of streams of a recording to equal the 9.1 cent mechanical publishers receive for a physical sale or download. That’s why this physical and download mechanical rate is so important.
Vinyl sales are strong for many retailers including Amazon and Best Buy. CDs remain a significant media format, and many listeners still prefer to “own” rather than temporarily cache the music they listen to.
Increasing the statutory mechanical rate to simply adjust for inflation will dramatically (and positively) effect songwriters’ and publishers’ bottom lines. This fight is akin to the battle for an increased minimum wage.
Major music publishers do not face the same struggles as independent publishers and songwriters. Major publishers are part of multi-national conglomerates that own both the major publishers and major record labels. Major publishers that agree to fix the statutory rate simply are leaving more money in the pockets of the labels that are their sister companies.
Those of us that do not have sister companies have no such opportunity. That’s why we must fight to be heard.
Each quarter, I process statements from approximately 100 domestic and global sources, many of which include mechanical royalties for physical and download media. Each quarter, I make distributions to the multiple families that are heirs to, and owners of these copyrights. Songwriters and their families depend on royalties for food, mortgages, education and more.
From the initial publication of “Unchained Melody” in 1955 through 2005 (approximately 50 years!), the statutory mechanical rate was fixed at 2 cents. Starting in 1977, the mechanical royalty incrementally increased from 2¢ to 9.1¢ per unit until 2006. But since 2006, the statutory rate again was frozen and remains so. The private settlement would extend that freeze until 2027.
I ask that you review the Copyright Royalty Board practices and consider allowing songwriters and independent publishers – who do not speak through trade organizations or major multi-national corporations — to voice their concerns through public comments that the CRB takes into account before it makes its final decision.
Best,
Abby North
@NorthMusicGroup Joins the List Opposing Frozen Mechanicals With the Copyright Royalty Board
We’ve been keeping track of those who are for freezing the statutory mechanical royalty rate for physical and permanent downloads for another five years out to 2027. The issue is currently part of the rate setting proceeding before the Copyright Royalty Board–which froze the same rate at 9.1¢ in 2006 and was first extended in 2009.
Here is the current list of those for and against freezing mechanicals on these categories for a total of 21 years:
| Against Frozen Mechanicals | Supporting Frozen Mechanicals |
| Songwriters Guild of America | National Music Publishers Association |
| Society of Composers and Lyricists | Nashville Songwriters Association International |
| Alliance for Women Film Composers | |
| Songwriters Association of Canada | |
| Screen Composers Guild of Canada | |
| Music Creators North America | |
| Music Answers | |
| Alliance of Latin American Composers & Authors | |
| Asia-Pacific Music Creators Alliance | |
| European Composers and Songwriters Alliance | |
| Pan African Composers and Songwriters Alliance | |
| North Music Group |
Copyright Royalty Board Responds to Coalition of Songwriter Groups on Frozen Mechanicals
A group of songwriter organizations from around the world wrote to the Copyright Royalty Board last week opposing a proposed private “settlement” between the major labels and the major publishers to freeze mechanical rates on physical and downloads at the 9.1¢ 2006 rate that was filed in the current Copyright Royalty Board (CRB) rate court hearing called “Phonorecords IV”. (You can find the entire list of filings in the case here.)
The twist here is that if the CRB approves the private settlement at the request of “the parties” and doesn’t take into account the views and evidence of people who actually write songs and have to earn a living from songwriting, it will be grotesquely unfair and possibly unconstitutional wage and price control. The CRB will have frozen the mechanical rate for physical and downloads at the 2006 rate when inflation alone has eaten away the buying power of that royalty by approximately 30%. This would be like the Minerals Management Service adopting a settlement written by Exxon.
On average–on average–the physical and download configuration make up 15% of billing for the majors and for some artists vinyl is a welcome change from fractions of a penny on streaming. And then there’s Record Store Day–hello? These are a couple of the many reasons anyone who is paying attention should reject the terms of the settlement.
The Coalition had a simple ask: Let the public comment:
In the interests of justice and fairness, we respectfully implore the CRB to adopt and publicize a period and opportunity for public comment on the record in these and other proceedings,especially in regard to so-called proposed “industry settlements” in which creators and other interested parties have had no opportunity to meaningfully participate prior to their presentation to the CRB for consideration, modification or rejection. In the present case, hundreds of millions of dollars of our future royalties remain at stake, even in a diminished market for traditional, mechanical uses of music. To preclude our ability to comment on proposals that ultimately impact our incomes, our careers, and our families, simply isn’t fair.
The Copyright Royalty Board responded! According to our sources, the Copyright Royalty Board said that they would publish the private settlement in the Federal Register and give the pubic the chance to comment. This is great news!
But we will see what they actually do. The Copyright Royalty Board does not have a great track record in understanding songwriter interests in raising the mechanical rates as we can see in this except from their final rule freezing mechanicals again in 2009:
Copyright Owners’ argument with respect to this objective is that songwriters and music publishers rely on mechanical royalties and both have suffered from the decline in mechanical income. Under the current rate, they contend, songwriters have difficulty supporting themselves and their families. As one songwriter witness explained, “The vast majority of professional songwriters live a perilous existence.” [Rick] Carnes [Testimony] at 3. [Rick Carnes signed the Coalition letter as President of the Songwriters Guild of America.] We acknowledge that the songwriting occupation is financially tenuous for many songwriters. However, the reasons for this are many and include the inability of a songwriter to continue to generate revenue-producing songs, competing obligations both professional and personal, the current structure of the music industry, and piracy. The mechanical rates alone neither can nor should seek to address all of these issues.
We simply do not accept that the Founders put the Copyright Clause in the Constitution so creators could have a side hustle for their Uber driving which is exactly where frozen mechanicals take you, particularly after the structural unemployment in the music business caused by the COVID lockdowns.
Here is a summary of who is for and who is against frozen mechanicals.
| Against Frozen Mechanicals | Proposing Frozen Mechanicals |
| Songwriters Guild of America | National Music Publishers Association |
| Society of Composers and Lyricists | Nashville Songwriters Association International |
| Alliance for Women Film Composers | |
| Songwriters Association of Canada | |
| Screen Composers Guild of Canada | |
| Music Creators North America | |
| Music Answers | |
| Alliance of Latin American Composers & Authors | |
| Asia-Pacific Music Creators Alliance | |
| European Composers and Songwriters Alliance | |
| Pan African Composers and Songwriters Alliance |
Which side are you on? If you want to write your own comment to the Copyright Royalty Board about frozen mechanicals, send your comment to crb@loc.gov
Press Release: Nordic Musicians Union Condemns Copyright Buyouts
[Editor T says “Looking at you, Epidemic Sound!”]
At its meeting on the 21st of April 2021, the Nordic Musicians Union, NMU, discussed the issue of copyright buyouts.
Technological development has been rapid in connection with digitalisation and globalization. This has challenged existing remuneration models that have been developed over a long period of time. This includes legislation, agreements, and collective management organisations. This rapid development has affected the income of performers in a very negative way.
We note that the compensation levels generated via digital uses are unreasonably low. Therefore, the NMU, at both national and international levels, have introduced the need for stricter legislation regarding the balance of power in negotiations. This includes mandatory rules that ensure a reasonable remuneration for digital uses. The European Commission has acknowledged this need in the 2019 Copyright Directive by introducing provisions on appropriate and proportionate remuneration to authors and performers and further provisions to improve the bargaining position of performers. The Directive shall be implemented no later than 7 June 7, 2021.
The NMU recognise that business models are emerging that work around the legislation by maximizing the use of musicians’ and artists’ performances whilst ignoring long-standing practices and established copyright systems. Instead, they pay one-time compensation, undermine the moral rights, and might even demand that musicians and artists leave their own collection management organisations.
NMU’s view is that musicians should be paid fairly and correctly, both for their labour and for their copyright based on the actual exploitation over time. The moral rights must be fully respected and the choice to be a member of one’s own collective management organisation must be defended.
Performing artists receive far too little of the value that music generates when it is used. During the Corona pandemic, it has become all too clear that musicians need the backing and support of legislators as well as the audience and the music industry.
The NMU strongly opposes wholesale of rights for any possible use, known or yet to be discovered, against a one-off payment. Complete buyouts are not the future business model for performers!
Signed:
the Swedish Musicians Union
the Swedish Union of Professional Musicians, SYMF
the Finnish Musicians Union
the Danish Musicians Union, DMF
the Union of arts and culture of Norway, Creo
the Icelandic Musicians’ Union, FIH
Will the Copyright Royalty Board Leave Songwriters In the Deep Freeze?
In case you haven’t noticed, songwriter mechanical royalty rates are about to be set again at a faraway Congressional operation called the Copyright Royalty Board. You may say, hold on–I thought that mechanical royalties were being appealed?! True, but that’s just for the ha’penny streaming rates. The rate for physical, permanent downloads, ringtones and bundles are separate rates that were set as part of the last rate hearing.
Well…those rates were not really “set” in the traditional sense. There were no hearings, no evidence was presented, none of the usual back and forth that you see when a handful of the little intellectual elite in a far-distant capitol try to divine what a market rate should be for mechanical royalties–for which there has not been a free market in over 100 years. And you can take this to the bank–all that bluster about songwriters just want a free market that you hear from the lobbyists is a load of crap. Children have been put through years of prep school, college and law schools on what it costs to set these rates.
So when the anointed decide not to present any evidence and burn up legal fees by freezing a mechanical rate, you have to wonder what the motivation is.
The statutory rate for physical and permanent downloads have been frozen at 9.1¢ since 2006 because of these side deals that extended the 2006 rates. And they are about to do it again.
The way it works is that the publishers and the record companies get in a back room and decide to freeze the rate. Then they submit their settlement to the Copyright Royalty Board (who, unlike the judicial branch, ultimately work for Congress). The CRB then announces that “the parties” having agreed, the judges will adopt the rate without hearing any evidence. And presto changeo, as if by magic every songwriter in the world whose songs are exploited under the U.S. compulsory license are subject to a deal they had no part in deciding and probably didn’t even know was on offer.
It must also be said that U.S. songwriter rates ordered by the government cast a long shadow around the world, so it’s actually worse than that.
And guess what? It’s all happening again, and it’s happening in plain sight if you happen to be someone who reads through the CRB public docket which the smart money says you are not. Possibly because you trust the lobbyists who you made rich to do it for you.
Why is this important? For one thing, if this deep freeze is allowed to go into law, the rate will have been the same for 20 years. Remember that the mechanical rate in the U.S. was frozen at 2¢ for 70 years and this is exactly how it happened. Nobody came in back in 1909 and said, “hey, let’s freeze those rates for 70 years, OK?” Nope, it just creeped and creeped and creeped until one day a songwriter named Hoyt Axton of a predecessor of the Songwriters Guild of America had enough. He lobbied and lobbied and lobbied and finally got the rate increased and eventually got it indexed to inflation.
In the words of Alan Shepard, why are they doing this to us? There’s no easy answer. The first thing they often say is that they extend the rate because they are concerned it might go down. There is no CRB in history that has lowered a previously set rate. So that’s bullshit for starters.
Then they say it is because of declining sales in these configurations. Well that wasn’t true in 2006 when CDs made up 80% of US revenues. It wasn’t true in 2009 when CDs were 55%, and it wasn’t true in 2018 when these physical and digital formats were about 20% of revenue. It’s also not true today when these formats are about 15% of billing. Is there a label out there that would say 15% of billing is trivial? So that is also bullshit.
And yet, we are told there is a proposed settlement between NMPA, NSAI, Sony, Universal and Warner that extend the deep freeze another five years if it becomes law. We don’t have the detail, but it should be coming any day now. You can read it here.
The proposed settlement also includes this rather mysterious sentence at the bottom of page 1:
NMPA, UMG, WMG and SME have also reached an agreement in principle concerning a separate memorandum of understanding addressing certain related issues.
Big reveal to follow.
So what is that all about? It couldn’t possibly be a commissionable pending and unmatched settlement for those unimportant physical and download mechanicals? You don’t think it might have something to do with cash changing hands doya?
Ya think?
And it’s all legal.
1100 German Artists Say “The Horror Has No End” About Germany’s New Copyright Law
More than 1100 artists tell the German government: “The horror has no end”
For years we have seen massive encroachments on our artistic freedoms in favor of globally operating digital corporations. This anti-artist prioritization is also reflected in the federal government’s current draft law on the new copyright law.
As early as November 26, 2020, 657 musicians and bands made an appeal, “Do not play copyright against us!” to politicians. That paper disappeared into the drawers and the required respect for our artistic work failed to materialize. Instead, there are regular expert hearings with supposedly network experts, not with artists. From their ideological ivory tower they spin out unrealistic censorship scenarios and create the impression that the network is currently “free” and that the deluge of “upload filters” would only be imminent with the implementation of the European Copyright Directive.
We artists are familiar with platform uses because it is our day-to-day business. We know the problems of over- and underblocking firsthand. As a direct target group of global censorship efforts, we are sensitive to the protection of freedom of expression and artistic freedom. For us it is a slap in the face when network activists hijack the freedom narrative with slogans and catchphrases, argue against platform regulation as in the Copyright Directive and thus gain a greater influence than these global corporations already have.
In 2019, we were stunned to see how the SPD voted against the Copyright Directive. We are stunned to see how the SPD-led Federal Ministry of Justice undermines the European compromise. The federal government sent the draft law to the Bundestag [the German federal parliament] almost unchanged – regardless of our ongoing protests and regardless of all our explanations as to why the “Copyright Service Provider Act” in particular is largely unsuitable for practical use. We recognize in the German draft law the intention to thwart individual copyright claims as well as put real license agreements on an equal footing. Instead of creating a level playing field for our existing licensing market, the German special route restricts it to the maximum with the argument of freedom, of all things. Business models of global upload platforms are protected for the purpose of maximum availability of our plants, while our sales channels are torpedoed with a shrug.
Only the Federal Council takes our concerns about expected collateral damage seriously :
“The Federal Council reminds that copyright law is very often the economic basis for cultural and creative workers and the ability to refinance content is one of the essential foundations for media diversity. It therefore asks that, in the further legislative process, a comprehensive check is made as to whether the draft law as a whole exists The revenue and business models of authors and other rights holders in all affected industries (especially music, film, audiovisual, radio, book and press) are disproportionately impaired. […] The Federal Council points out that the effects of the copyright service provider Law on the German copyright market cannot be adequately assessed at the present time.Copyright Service Provider Act) affects various conflicting interests and has sparked a controversial discussion. Numerous critical voices from various business associations can also be found among them. In view of the largely understandable objections, it is proposed that the passage of the law be subject to the evaluation of its effects on the German copyright market at an appropriate interval. Due to the diversity of copyright-based markets such as the cultural and creative industries, it is important to check whether the regulations are appropriate and practicable and whether they actually lead to the intended balancing of interests. “
For all of us, Peter Maffay recently positioned himself in the Süddeutsche Zeitung and brought the problem to the point. He calls for uniform European regulations, the abolition of the – purely German – 15 seconds rule and the responsibility of the upload platforms for the uses that take place there.
The protection of our rights in the digital space is more urgent than ever for many with the measures taken in the corona pandemic and the accompanying existential threat. Upload platforms that generate considerable profits with our works must finally be effectively held responsible and liable. You may not be relieved by the factual reversal of the license responsibility, e.g. by the cumbersome and only subject to considerable legal consequences that can be challenged. The arbitrary and ironically called “minor use” presumption rules on “legally permitted uses” of non-licensed (!) works are a gateway for systematic copyright infringements, in particular our exclusive right to sole exploitation, but also our moral rights.
We want to continue licensing and retain individual control over our work. The European Copyright Directive takes the pressure off non-commercial uploaders and strengthens our ability to enforce law by making upload platforms responsible for ensuring that there is no need to do anything in the few but painful cases of harmful copyright infringements. It is intolerable that our moral right is now being sacrificed on the altar of supposed consumer protection just because those responsible refuse to give up on dubious and untenable promises of an Internet without a filter.
Filters are only necessary where works have expressly not been licensed. It is reasonable that in these cases the presence of a barrier has to be checked in case of doubt. The consolation of a new collecting society does not help us – especially since it is not certain how much and when and on what accounting basis we will receive our investments.
Copyright is our commercial and labor law. We therefore expect from the members of the Bundestag and especially the members of the Legal Affairs Committee:
· The withdrawal of the quantitative presumption rules for legally permitted uses.
· Maintaining the protection of melodies enshrined in copyright law for decades, regardless of the length of the melody.
The withdrawal of the restrictions on direct licensing by indirect rights holders and the compulsory remuneration through collecting societies despite existing licensing and distribution chains.
· A complete, unrestricted right to information about uses of which the platforms can gain knowledge with a reasonable effort.
· A regulation of the pastiche barrier, which excludes a self-evident subsumability of remixes and sampling.
We see with concern that the time for an expert healing of the failed Copyright Service Provider Law (UrhDaG) is running out and that even proponents of the bill only approve of individual aspects. The implementation of the other necessary aspects of the Copyright Directive should not suffer from this. A subsequent adoption of the UrhDaG and a temporary loophole will affect our work less than a non-practical special zone knitted with a hot needle.
For us and our professional future, the vote on the draft law is the decision in the election year 2021. We therefore call on all members of the Bundestag again not to interfere with our constitutionally protected intellectual property and not to use our copyright against us!
No incapacitation of the artists! No expropriation of the artists! No special German way!
The following artists have signed the enclosed letter “The horror has no end” as first draftsmen:
21 Sunstreet
Abel Lovac
Falling racing pigeons
Achim wet nurse
Achim Petry
Achim Radloff
Achim Rafain
Eight buckets of chicken hearts
Adele Walter
AFFKT
Afterburner
Agitation Free
Airwalk3r
Alan Dixon
Alex garlic
Alex Mayr
Alexander Binder
Alexander Kilian (Café del Mundo)
Alexander Klaws
Alexander King
Alexander Niermann (Botticelli Baby)
Alexander Sandi Kuhn
Alexandra Grübler
Alexis Herrera Estevez
Alf Ator (Knorkator)
Alfons Hefter (feathers)
Alina von der Gathen (KOJ)
All colors
ALLEVIATE
Alvaro Soler
Alvin Mills
Amanda
Amigos
Ana Carina Woitschack
Andhim
Andre Bratten
Andre Graute
Andre Kroenert
André Kunze
Andre Schoettler
Andreas Bayless
Andreas Bourani
Andreas Eckert (Pam Pam Ida & the Silberfischorchester)
Andreas Henneberg
Andreas Radloff
Andreas Rasmussen
Andreas Vitoria-Adzersen
Andreas Völk
Andy Birr (Bell, Book and Candle)
Andy Kouchen
Andy LaToggo
Andy Lutter
Andy Schmidt (Disillusion)
Angel’s Blue
Angela Gossow
Angelika Weiz
Aniko Kanthak
Anja Krabbe
Anja Morell
Anja Schneider
Anna Carewe
Anna-Marlene Bicking
Anne de Wolff
Anne Otto (air)
Annemarie Eilfeld
Anselm Kluge
Ansoumane Kaba
ANTIHELD
Antje Uhle
Antonina Hamann
apparatus
Aquabella
Aram Khlief (dyrtbyte)
Are Foss
Argile
Ariane Stoll (Jani)
Arne Häussermann (An Early Cascade)
Arne Heger & reinforcement
Arne Jansen
Arno Haas
Arnold Fritsch
Arsenii Efremenko
Asja Valcic
Atlantic
Audun Storset
August August
August Hoffmann (Krahnstøver)
August Zirner
Axel Bosse
Axel Fischer
Balbina
Banda Senderos
bar
Barbara Morgenstern
Bård Aasen Lødemel
Basem Darwish (Cairo Steps)
Basti M
Bastian Stein
Bayuk
Beach bag
Beat Agents
Beatrice Egli
Beatsteaks
Behrang Alavi (Samavayo)
Ben Metzner (dArtagnan)
Ben Münchow
Ben sugar
Benedikt Hoenes
Benny Hunter
Bernd Dellbrügge
Bernd Lhotzky
Bernd Römer (carat)
Bernhard Brink
Bernhard Lloyd (Alphaville)
Bertram Engel
Bettina Flörchinger (Östro 430)
Big Balls & The Great White Idiot
Binoculers
Birgit Maren Buschke
Bitume
Bjoern Schirmacher
Bjorn Heuser
Bjorn Störig
Bjørn Torske
BLANK & JONES
Bobbi Fischer (Berta Epple)
boy
Bring ring
Broilers
Bruno Böhmer Camacho
Bukahara
BUZZ DEE (Knorkator)
CJ Johnson
camouflage
Canda
Carom
Carina Hajek (Tinted House)
Carl Carlton
Carl Christian Steenstrup (Of Norway)
Carl-Ludwig Reichert
Carlos Cipa
Carolin No.
Carolina Nathalie Hudek
Carsten Daerr
Cash 22
CassMae
Cecile Verny
Charlotte Grewe
checkpoint Charlie
Children
Chock & Aré
Chono Chibesakunda
Chris Beier
Chris Cool
Chris Gall
Chris Hopkins
Chris Lindner
Chris Möhlenkamp
Chris van Baal
Christian Bruhn
Christian Burkhardt
Christian Engh
Christian Krischowsky
Christian Liebig (carat)
Christian Meyer
Christian Schroeder
Christian Torchiani
Christian Zach
Christin Stark
Christina Rommel
Christmas
Christof Lauer
Christoph Gaertner
Christoph Grab
Christoph Römer (Steven Liquid)
Christoph Stiefel
Cinthie Christl
Cioz
Circus Electric
Cladigal
Cläng
Clara Haberkamp Trio
Clara Rothlander
Claudius Dreilich (carat)
Claus-Robert Kruse
Clemens Benecke (CBGreen)
Cochise
Coppelius
Cornelius Claudio Kreusch
Corvus Corax
Culcha Candela
Cymo
Czech
Damae
Damnation Defaced
Daniel Lopez
Daniel Meteo
Daniel Nitsch
Daniel Schmidt
Daniel Schütter
Daniel Selke (Ceeys)
Daniel Slam
Daniel Stoll (vision string quartet)
Daniel Tejeda
Daniel Tjus Andersen
Daniel True
Daniel Wirtz
Daniela Alfinito
Daniela Liebl (Taming the Shrew)
Danny Zeremba (Daily Thompson)
Dario Klimke
The money is on the windowsill, Marie
the leak
The panic orchestra
Dave Seaman
David Berton
David Brandes
David Garrett
David Helbock
David Mayer
David Qualey
Debby Smith
Deepaim
Deer jade
Your friends
Denis
Denis Fischer
Dennis Hormes
Dennis Kuhl
Dennis Nutr
Dennis Sagittarius
Dennis Ward
The man
Désirée Nick
Detlef Blanke
Deva Premal
The fishing rod
The doctors
The Feuersteins
The happy
The highest railway
The League of Ordinary Gentlemen
The Mimmis
The Mukketier gang
The music students
The princes
The Schatzis
The dead pants
The doors
The customs officers
Diermaier Werner (Zappi)
Dieter “Machine” Birr (Ex-Puhdys)
Dieter Hallervorden
Dieter Ilg
Dieter Kraus
Dieter Weberpals
Dietmar Kawohl
Dietmar Lowka (Quadro Nuevo)
Dietmar Schmidt (Orgasm Death Gimmick)
Dimple Minds
Dirk Dresselhaus
Dirk Duderstadt
Dirk Flatau (Abisko Lights)
Dirk Michaelis
Dirk Sauer (Ed Guy)
Dirk Schelpmeier
Dirk Zöllner
Dissidents
DJ André Siddi
DJ Antoine
Doctor Dru
Dominik Marz
Donots
Dorette Gonschorek (Unplaces)
Doris Orsan
Dorothèe Kreusch-Jacob
Douglas Greed
Dr. Bernd Opinion
Dr. Peter Wegele
Dream Sound Masters
Drenchill
Duivelspack
Ecco Meineke
Echo loop
Edmond Dante’s Weinfeld
Edward Maclean
Edy Edwards
Einar Olsson
Eirik Seu Stokkmo
Eivind Henjum
ela.
Elaiza
Element of Crime
Eleonora Gelmetti
Elfenberg
Eleven morning
Elif
Elio Rodriguez Luis
Ella Finally
Eloy de Jong
Ender Irkdas
NARROW
epitaph
Eric Smax
Erik Skantze
Eva Claus (deEVA.)
Eva Kruse
Even Brenden
Ex machina
Fabian Altstötter (Jungstötter)
Fabian Krooss
Fabian kiss
Fabian Russ
Fabiana Striffler
Fabin Dammers (UDO)
Fabrizio Levita
Fatma Kar
Fairy Badenius
Fee Kürten
Fee Rent (Fee.)
Feline & Strange
Felix Deraed
Felix Gauder
Felix Janosa
Felix Kubin
Felix Lehrmann
Felix Volk
Felix Weis (rolling mill)
FINNA
Fiorella Geide
Flo mega
Florian Grießmann (ANOKI)
Florian Gutmann
Florian artist
Florian Sagner
Florian Willeitner
Folo Dada
Fools Garden
Franca
Frank Fischer
Frank Gala Gahler
Frank Kleingünther (Dieselknecht)
Frank Lehmann
Frank Loef
Frank Nimsgern
Frank Spilker (The Stars)
Frank Wedler
Frank Wiedemann (Âme)
Frank Zander
Frantz Jørgen Andreassen
Franz Rapid
Franziska Seelig
Fred Strand
Fredrik Øgreid Vogsborg
Free swimmers
Frida Gold
Frieder Klaris
Friederike Bernhardt
Deadline Puppel (City)
Frizz Feick
Fox devil game
Fur Coat (Sergio Muñoz)
Fury in the Slaughterhouse
FUTURE PALACE
Gabriel Kent
Gary Jones
Geir Hermansen
Geordie Little
George Geccoo
Georgie Fisher
Gerd Grabowski
Gerd janson
Get Well Soon
GG Anderson
Giorgio Gee
Giovanni Costello
Giovanni Zarrella
Gisbert zu Knyphausen
Giuseppe Pepe Solera
Glass bead game
Gloss
Gorge
Götz Alsmann
GProject Blues Band
Gracia Baur
Grandbrothers
Gregor Meyle
Gregor Tresher
Grizzly (Cris Vogt)
GSINDL
Gudrun Good
Guijaygoo
Günther Gebauer
Guru Atman
Well
Guts Pie Earshot
HP Baxter
Hannes Ringlstetter
Hans Nieswandt (solo & Whirlpool Productions)
Hans-Peter Lindstrøm
Harald Grosskopf
Hardy and Heroes
Harry Alfter (Brings)
Heiko Maile
Heiner Gulich
Heinz Ratz
Heinz-Rudolf Kunze
Helene Fischer
Helga Brenninger
Helge Schneider
Helmut Hattler
Helmut Josef Geier (Dj Hell)
Helmut Zerlett
Helmuth Rüssmann
Hendrik Bertram
Hendrik Röder (Bell, Book and Candle)
Henning Brandt-Hansen Severud (Telephones)
Henning Sedlmeir
Henning Severud
Henning Verlage (Unheilig)
Henri Bergmann
Henrik Mayer (MYR)
Henry Poetzsch
Herbert Grönemeyer
Mr. DK
Herwig Mitteregger
Hetzel Pascal (CYRK)
Hidden Empire
Hitfield
Hope
Horst Hansen Trio
Horst Wegener
Housefly
Howard Carpendale
Hill
Hundreds
Iben magpie
Iko Andrae
Illegal colors
In Extremo
Ines Gorka
Ines Weber
Inga Lühning
Ingo Bergsen
Ingo Politz
Inca Bause
Intourist
Ira Atari
Ireen Sheer
Isgaard
Isolation Berlin
Ivaylo Kolev
Jacek Brzozowski
Jack Rush
Jacki Reznicek (Silly)
Jakob Encke (vision string quartet)
Jakob Seidensticker
Jamaram
Jan Kerscher (Like Lovers)
Jan Pascal (Cafe del Mundo)
Jan Zehrfeld
Jana Groß (Bell, Book and Candle)
Janika Groß (Molllust)
Jan-Ole Lamberti (Nailed To Obscurity)
Janosch Korell
Jan-Philipp Wiesmann
Jaques Raupé
Jarle Bråthen
Jasmin Adgezalov (unloved)
Jasmina de Boer
Jazzy Gudd
Jean Jacobi
Jeanette Biedermann
Jean-Hervé Peron (Faust)
Jean-Jaques Kravetz
Jelena Kuljić
Jens Ewald
Jens child father
Jens Kosmiky (KrAWAllo)
Jens Loh
Jens Ophälders
Jens Thomas
Jens-Uwe Beyer (popnoname)
JEREMIAS
Jermaine Landsberger
Jey aux platines
Jiggler
Jimi Jules
Jirka Otte
Jo Ambros
Joachim Dyrdahl
Joachim Wolf
Jocelyn B. Smith
Jochen Klüßendorf
Jochen Leistner (The Shadow Lizzards)
Jochen Schmadtke (air)
Joe Fischer
Joe war
Johan Daansen
Johanna Borchert
Johanna Summer
Johannes Cernota
Johannes glorious
Johannes Maikranz
Johannes Oerding
Johannes Stankowski
Johannes Till (Tinted House)
Johannes Tonio Kreusch
Jon Berry
Jon Flemming Olsen
Jon Welch
Jonas Frömming (The Lumpenpack)
Jonny Glut
Joo Kraus
Jörg “Knickiknacki” carpenter
Jörg Seidel
Jörg Warthy Wartmann
Jörg Weißelberg
Joris
Joris Biesmans
Jorita Solf
Jörkk Mechenbier
Joshua Oldenburg
Joss Turnbull
Joy Denalane
Joyosa
Judy and The Gardeners
Julia Engelmann
Julia Kautz
Julia Müller
Julia Neigel
Julian Ortleb
Julian Stetter
Julian Wasserfuhr
Junkx
Jupiter Jones
Jürgen Fastje
Kai Brückner
Kai Havaii (extra wide)
Kai Schumacher
Kai Sichtermann (clay stones shards)
Kai Sonnenhalter
Kai Wingenfelder (Wingenfelder)
Kajetan Löffler
KALEA
Kalle Kalima
Kalle Risan Sandås
Kaman Leung
Kamil Müller (Django 3000)
Kåre Frisvold
Karibuni
Karl Bartos
Karl Brausch
Karl Ivar Refseth
Karmin Amun (sons of Mannheim)
Karolina Trybala
Karoshi
Katharine Mehrling
Kathrin Rettl (Mila Masu)
Katja Moslehner
Merchant
Basement child
Kelvin Jones
Ken Taylor
Kenn Hartwig (CAR)
Kerstin Ott
Ketil Kinden Endresen
Kevin Haselmeier
Kevin Krämer (Justis)
Kiki (Joakim Willich)
Kilian & Jo
Kilian Forster (Klazz Brothers)
Kilian Kemmer
Kiosk ID
Kitsch war
Kjetil Bjøreid Aabø
Klaas
Klaus Bechstein
Klaus Doldinger
Klaus Hoffmann
Klaus Meine (Scorpions)
Klaus Paier
Toilet TV
KMFDM
Knasterbeard
Knut Stenert (Samba, Knut and the bitter woman, Hans Maria Richter)
Kolbjørn Lyslo
Konstantin Wecker
Korbinian Kugler
Kramsky
Kristian Møller Johansen
Kristian Rädle (Âme)
L’aupaire
LaneCryspo
Lari Luke
Lars Christian Olsen
Laura Kipp (LAURA)
Laura Kozlowski
Laura Phillips
Lennard Eggers
Leonard Disselhorst (vision string quartet)
Leslie Mandoki
Liliath
Lilly dangling
Locust fudge
LoFiLu
Love A
Lovra
Luca Musto
Lucas Hunter
Luci van Org (Lucilectric, Meystersinger, Über Mutter, Lucina Soteira)
Lucina Soteira
Luis Baltes (Five Star Deluxe)
Lukas master
Lukas prank
Lukas Wiesemüller
Luke Woodapple
Luky Zappatta
Luna City Express
Lyane Hegemann (E-rotic)
M. Walking On The Water
Macho Cutie (Vegard Wolf Dyvik, Of Norway)
Mad Hatter’s Daughter
Mad Mark
Maenad Veyl
Magdalena Ganter
Magnus Sheehan
Maik Czymara (An Early Cascade)
Maik Pinto
Maike Lindemann
Maite Kelly
Majan
Malou
Mandy Capristo
Manfred Maurenbrecher
Manfred Zick (Zither Manä)
Manne Schlaier
Manuel Schmid
Mara Mutz
Marc Awounou
Marc Reason
Marcapasos
Marcel Thenee
Marco Buser
Marco Duderstadt
Marco Repetto (gray area)
Marco Resmann
Marcus Fischer
Marcus Forsgren
Marcus Green
Marcus Worgull
Marek Arnold
Margit Sarholz
Maria Perzil
Marian Gold (Alphaville)
Marianne Rosenberg
Mario Alsleben (Pimalo)
Mario Aparicio
Mario Noll
Mario Valley
Marion Welch
Marius Engemoen
Marius Sommerfeldt
Marius Våreid
Mark Barrott
Mark Meier
Markus Becker
Markus Hassold
Markus Rennhack (unloved)
Marteria
Martin Becker (carat)
Martin Brugger (Fazer)
Martin de Vries
Martin Gretschmann (Acid Pauli / Console)
Martin Hansmann
Martin Kälberer
Martin Langer
Martin Schrack
Martin Schröder
Martin Solli
Martina Eisenreich
Martina Weith (Östro 430)
Marv Endt
Marvin Müller
Masha Qrella
Mass defect
Mathias Petry
Mathias Roska
Mathias Schober
Matias Monsen
Mats Frantzvaag
Matt Karmil
Matthew Styles-Harris
Matthias Hamburger
Matthias Reim
Máni Orrason
Maurice sums
Mausio
Max Alberti (Jamaram)
Max Buskohl
Max Herre
Max Kaspar
Max Kleinschmidt (Lizot)
Max Lean
Max Martin Schröder
Max Mutzke
Max Paul Maria
Max prose
Max von Mosch
Maximilian Kennel (The Lumpenpack)
Maximilian Raine (VUG)
Maximilian Stadtfeld
Megaloh
Meike Schmitz (Schwarz and Schmitz, LUUM)
Meinhard
Meinhard Jenne
Mercedes Lalakakis (Daily Thompson)
Micha Moor
Michael Cores
Michael Girke (NOW!)
Michael Koschorreck
Michael Lorenz
Michael Mangels (Mijk van Dijk)
Michael Mayer
Michael Melchner
Michael Nass (BAP, Die Seilschaft)
Michael Schab (An Early Cascade)
Michael Uchner
Michelle Sara Lahn
Michi Leuscher
Michl Bloching (Levantino)
Mikimoto
Mikkel Haraldstad
Miland “Mille” Petrozza (Kreator)
mine
Mira
Miriam Arens (Liliath)
Missus Beastly
Miten
Fashion selector
Mona Mur
Monika Ehrhardt Lakomy
Monika Kruse
Monrath
Moonwalk
Moritz Müller
Moritz Reichelt (The Plan)
Morten Øby
Mr. Hurley & The Powder Monkeys
Mulay
Mulo Francel (Quadro Nuevo)
Mushroom People
Nadine thimble
Nadine Maria Schmidt
Naomi Camilla Straume Moen
Natalie Poppinger
Nathalie De Bora
Nathalie Dorra
nautilus
Neon light
Nice Brazil
Nick Curly
Nico Santos
Nico Stojan
Nicole Bolley
Niels Frevert
Nik Thaele
Nikel Pallat (clay stone shards)
Nikita Scion
Niklas Linzer
Niko Schwind
Nils Imhorst (Firasso)
Nils Landgren
Nils von der Gathen (KOJ)
Nils Wogram
Nils Wülker
Norbert Emminger
Norbert Grille Roth
Norbert Staudte (Taming the Shrew)
Olaf Malolepski
Ole Andreas Olafsrud
Ole Feddersen
Ole Martin Vilberg
Ole Rausch (Laith al Deen)
Ole Seelenmeyer
Oli Bott
Oliver Braun
Oliver Dunk
Oliver Hartmann
Oliver Huntemann
Oliver Koletzki
Oliver Lieb
Oliver Rohrbeck
Oliver Black
Oliver Thomas
Oliver West (POINT BLVNK)
Olivia Baer
Olympya
Omer Klein
Ostückenberg
OUR MIRAGE
Out of Berlin
OVE
Øyvind Morken
Pascal Kravetz
Paso Doble
Pat Appleton (De-Phazz)
Patric Catani
Patrick Foellmer (lilabungalow)
Patrick Hespeler
Patrick Kunkel
Patrick Legont
Patrick Milaa
Paul Pötsch (rubble)
Patrick Reerink
Patrick Siegfried Zimmer
Paul Schmitz-Moormann (Kid Paul, Energy 52)
Paul van Dyk
Paul Wetz
Paula Linke
Per Martinsen
Pete Mazell
Peter “Spiko” Spiecker
Peter Brandenburg
Peter Brings
Peter Bursch
Peter Fleming
Peter Hubert (VHF)
Peter light
Peter Maffay
Peter Renaud (Tiktaalik)
Peter Ries
Peter Schmidt (The Blues Experience)
Peter Schneekloth
Peter Schumann
Petra Zieger and band
Philip Lauer (Lauer)
Philipp Fein
Philipp Höcketstaller (Hundling)
Philipp Janzen (Vacation in Poland, Von Spar)
Philipp Schwab (Knorkator)
Philip Stoeckenius (Kaltenkirchen)
Philipp Stauber
Phillip Boa
Pit Baumgartner (De-Phazz)
Pit Budde
Plastic funk
pølaroit
Potsch Potschka
Prince Chaos II. (Alias Florian Kirner)
Prof. Esther Kaiser
Proj3ct 7
PURE
Purple Schulz
Quarterhead
Queenz of Piano
Rainer Max Lingk (ESTA * bien!)
Rainer Oleak
Rainer Scheithauer
Rainer Schober (Scotty Bullock)
Ralf Blümner (Goldkind, Lucilectric)
Ralf Hildenbag
Ralf Hütter (power plant)
Ralf Lübke (Monkeeman)
Ralf Zenker
Ralph Gustke
Ralph Siegel
Rammstein
Ramon Bessel
Ramon Zenker
Rana Merve Kilic
Rampage
Rantan plan
Raoul Walton
Rave Busterz
Re.You (Marius Maier)
Real Ax Band
Rebekka Salomea Ziegler (SALOMEA)
Reiko Gohlke (Knorkator)
Reinhold Heil
René Kollo
Richie Arndt
Richie Necker
Ritchie Barton (Silly)
Ritchy Fondermann
Robbie shoulder
Robby Kranz (Disillusion, Far Or Near)
Robert Gemmel (Elephants on Tape)
Robert Lippok
Robert Seidel (Arpen)
Robin Craaford
Robin Schulz
Rocco
Rock house
Rocko Schamoni
Roedelius
Roland Fidezius
Roland Kaiser
Roland nephew
Roman Wasserfuhr
Ron Last
Ronny
Rosa Hoelger
Snot-nose theater
Roy Stroebel (Strobe, Ravers Nature, RAT)
Rüdiger Badlauf
Rudolf Moser (Einstürzende Neubauten)
Rudolf Schenker (Scorpions)
Rumble Militia
Rummel racke
Lindbæk rune
Sabine Kaufmann
Sahraoui Sami (CYRK)
Sain (Ningu Storm)
Sam Shure
Sam Vance-Law
Sammy Kandler (Tillmann)
Samuel Dickmeis (Manni)
Sander Stuart (vision string quartet)
Sandra Grether (Doctorella)
Santiano
Saprize
Sarah Lesch
Sarah Stewart
Sarah Wild
Sascha Panknin
Schiller
Tow spirit
Schneider TM
Scrap border
Scooter
Seb Iphone
Sebastian Dold (KrAWAllo)
Sebastian Gramss
Sebastian Hackel
Sebastian Schütze (TinTin, Baru)
Sebastian Siebhoff
Sebastian Starke
Seed cake
At that time
Selda Zenker
Sepalot
Sera finale
Shelter boy
She-Male Trouble
SHIRLEY HOLMES
Shuko
Sibylle Kynast
Sidewalk surfers
Silvio Schneider
Simon Beeston
Simon Freidhöfer
Simon Sure
Simon von der Gathen (KOJ)
Simon Wangeman (Iheartsharks, The New)
are
SINE
Sirrah
Sisters on the Rocks
Siyou Isabelle Ngnoubamdjum
Skadi Lange (Miss Lange)
Skip Reinhardts
Sleeping drones
SLIME
Sneaker
Snuff crew
Sonja Banzhaf
Sonja Huber (Lottchen)
Sönke Düwer (Ensemble du Verre)
Sophie Black
Sören Fischer
Sotiria
Space Indians
Sparifankal
SPLIFF
Stefan Brügesch (Steve Bug)
Stefan Dabruck
Stefan Glaubitz
Stefan Grimm
Stefan Gwildis
Stefan Kleinkrieg (extra wide)
Stefan Krähe
Stefan Mross
Stefan Schmidt
Stefan Stoppok
Stefanie Polster
Steffen Berkhahn (Dixon)
Steffen Kämbt
Steffi Stephan
Sten Servaes (clover)
Stephan Eppinger
Stephan Gorol
Stephan Graf’s double vision
Stephan Philipp
Stephan Voland (Samavayo)
Stephanie Lottermoser
Steve Murano
Steve Parry
Steve van Velvet
Stump (knorkator)
Super chock distortion
Susanne Betancor
Susanne Folk
Suzi Kerstgens (Klee)
Sven Faller
Sven Greiner
Sven Pollkötter
Sven Roswog (svensyntetics)
SvenDeeKay
Sven-RG
T.Noize
Tamara Lukasheva
Tanja Grandmontagne
Taraka Rama Krishna Kanth Kannuri
Tarjei Nygård
Telmo Pires
Teresa Bergman
Terje Olsen (Todd Terje)
Terror group
The Dad Horse Experience
The Day
The Dry Tortugas
The esprits
The Munich Sheiks
THE OKLAHOMA KID
The pighounds
The Romeos
The Roughnecks
The Wayf
Theodor Shitstorm
Theodor Strom
Thomas Barth (Sunbase Records TBC)
Thomas Fehlmann
Thomas Gallatin
Thomas Klein (Sølyst)
Thomas Moen Hermansen (Prins Thomas)
Thomas Plug
Thomas Porwol (Arte Gemini)
Thomas Sauerborn
Thomas Schumacher
Thomas Thumann (Pam Pam Ida & the Silberfischorchester)
Thomas Wydler (Nick Cave, The Skin)
Thomasz Skulski
Thorsten Klentze
Thorsten Wingenfelder (Wingenfelder)
Tibetréa
Till Brönner
Tilo Weber & Four Fauns
Tim bendzko
Tim Hahn
Tim Kamrad
Tim Rodig
Timofey Sattarov
Tingvall Trio
To Rococo red
Tobi Neumann
Tobias Forster
Tobias Öller
Tobias Sammet (Avantasia)
Tobias Schwall
Toby Pluta
TOKA
Tokio Hotel
Tom Astor
Tom Dragebo
Tom Gatza
Tom Kiemle (Tillmann)
Tom Peters
Tomas tulip
Tommy Finke
Tommy Hresh
Tommy Remm (Valicon)
Toni Krahl (City)
Torben Möller-Meissner
Torsten de Winkel
Torsten Reitler (REITLER)
Township rebellion
Trettmann
Triinu Kivilaan (Vanilla Ninja)
Triskilian
Truck stop
Truls Kvam
Udo Erdenreich (ZIGURI)
Udo Lindenberg
Ulf Annel
Ulf Kleiner
Uli Poeppelbaum
Ulla Meinecke
Ulrike Hagemann
Uncanny Valley
Upercent (Jose Molés Martínez)
Ute Freudenberger
Uwe Bastiansen
Uwe Fischer
Uwe Hassbecker (Silly)
Uwe Schmidt (ATM)
Valentine
Valentin Butt
Van der Karsten
vandermeer
Vecente Patiz
VENUES
Vera climate
Veronika Faber
Veronika Gast (spring carnations)
Verse gold
Vincent Groß
VITJA
Vladyslav Sendecki
Volker Holly Schlott
Volker Rechin
Volker Rosin
Volkwin Müller
voXXclub
VUG
Madness
brown owl
Wallis Bird
Walter Lang
Wareika
Werner Meier
Werner Schmidbauer
West Lake
Willy Wagner
Wincent Weiss
Wolf Maahn
Wolfgang Loos
Wolfgang Niedecken (BAP)
Wolfgang Petry
Wolfgang Schmid
Wolfram Spyra (The Spyra)
What We Are Looking For
Wooden Peak
Wrong chat
Wrong haircut
Wuide Wachl
Xao Seffcheque (Family Five)
Yetti Meissner
Yoyo Röhm
Zavet
ZK
Zoe Wees
Zwakkelmann
Guest Post: Honesty In Our Favor: HFA Loses Attempt To Exit Eight Mile Style Case–What Implications For MLC?
Guest post by Chris Castle
The Uniform Commercial Code defines “good faith” as “honesty in fact and the observance of reasonable commercial standards of fair dealing.”
Spotify was sued by Eight Mile Style and Martin Affiliated, two publishers that control rights in some of the early Eminem repertoire, including Lose Yourself. Remember that earlier this year, Spotify announced with great fanfare that Lose Yourself was streamed over 1 billion times on the platform. That’s just one measurement of Eminem’s dominance on Spotify. Turns out that Spotify had failed to license a good chunk of Eminem’s catalog.
The publishers eventually joined the Harry Fox Agency to the lawsuit as participating in the situation, adding claims of vicarious and contributory copyright infringement against the long-time publishing administrator to the industry. In fact, the Harry Fox Agency gave some people the impression that when it came to Section 115 of the Copyright Act, HFA thought they were the government. What ever is this venerable organization doing getting sued for copyright infringement instead of leading the charge against the infringer?
At one point a few years ago, quite a few years ago now, HFA decided to jump up on top of the wall. They started working for tech companies like Spotify and also administering publishing rights. That’s right–both sides. What could possibly go wrong?
Let me illustrate with an anecdote (one that does not involve HFA, or MRI for that matter). A highly ethical licensing administrator interviewed for a job handling music licensing for a big tech company. After several rounds of interviews, the administrator was told they weren’t getting the job. Asking for a reason, the tech company told the administrator that the company thought the administrator were likely going to flag and at least try to fix any problems they found in the tech company’s reporting. The administrator didn’t find this remarkable as this was the honest thing to do. The company said, we don’t want honesty when it’s not in our favor. The company hired someone else because they did not want “honesty in fact”.
There are serious allegations against the Harry Fox Agency in the Eight Mile Case. Remember, this is a defense motion to dismiss, so the plaintiff largely gets the benefit of the doubt in their favor. You may ask yourself what possible motivation could Spotify have for engaging in such risky behavior. In her order denying in part and granting in part HFA’s motion to dismiss, Judge Trauger puts her finger right on the most plausible explanation:
[I]t is undisputed that [Eminem, aka Marshall] Mathers is an artist who has enjoyed extraordinary commercial success and has built a large, dedicated fanbase, such that his omission from a major streaming platform might discourage some meaningful number of potential users from subscribing.
In other words, they did it for the subscribers, they did it for the growth and they did it for the money.
While Eight Mile alleged both vicarious and contributory infringement, Judge Trauger dismissed the claim for vicarious infringement on technical grounds (with leave to amend). Not so with the claim for contributory infringement, however:
HFA objects that it was under no obligation to police Spotify’s in-house decisions regarding infringement. Whether that is true or not, the plaintiffs have not merely alleged that HFA failed to affirmatively police Spotify’s conduct; they have alleged both that HFA knew and, through the ordinary fulfillment of its duties, should have known that the infringement was occurring and that HFA was helping to conceal it.…There is little doubt, moreover, that those allegations of knowledge were pleaded sufficiently. Even when a claim is governed by the heightened pleading requirements of Rule 9(b), “[m]alice, intent, knowledge, and other conditions of a person’s mind may be alleged generally.” Fed. R. Civ. P. 9(b). The Supreme Court, moreover, has recognized a party’s “aiming to satisfy a known source of demand for copyright infringement” as evidence of an improper purpose in the contributory infringement analysis. Grokster, 545 U.S. at 939. That circumstantial evidence is only heightened when the defendant, knowing of the capacity for infringement, fails to take steps to avoid it. See id. (citing Groskter’s lack of “attempt[s] to develop filtering tools or other mechanisms to diminish the infringing activity using their software”).
The plaintiffs have plausibly alleged that HFA became aware of Spotify’s licensing predicament and offered services that directly filled its need to maintain an illusion of lawfulness while continuing to infringe.
If these allegations turn out to be proven true, songwriters (and the Copyright Office for that matter) may well ask themselves if there are implications for HFA’s continued role as a vendor for The MLC, if not why they were selected in the first place.
Open Letter: Dozens of Artists, Musicians and Songwriters Seek Referral to UK Regulators to Oversee Streaming Royalties
[A bit of context: With all the riches being made from streaming, session musicians and vocalists make zero. And don’t forget that music made Daniel Ek a billionaire.]
Broken Record Campaign
Ivors Academy
Musicians Union
April 20, 2021
The Rt Hon Boris Johnson MP
Prime Minister
10 Downing Street
W1A 2AA
Dear Prime Minister,
We write to you on behalf of today’s generation of artists, musicians and songwriters here in the UK.
For too long, streaming platforms, record labels and other internet giants have exploited performers and creators without rewarding them fairly. We must put the value of music back where it belongs – in the hands of music makers.
Streaming is quickly replacing radio as our main means of music communication. However, the law has not kept up with the pace of technological change and, as a result, performers and songwriters do not enjoy the same protections as they do in radio.
Today’s musicians receive very little income from their performances – most featured artists receive tiny fractions of a US cent per stream and session musicians receive nothing at all.
To remedy this, only two words need to change in the 1988 Copyright, Designs and Patents Act. This will modernise the law so that today’s performers receive a share of revenues, just like they enjoy in radio. It won’t cost the taxpayer a penny but will put more money in the pockets of UK taxpayers and raise revenues for public services like the NHS.
There is evidence of multinational corporations wielding extraordinary power and songwriters struggling as a result. An immediate government referral to the Competition and Markets Authority is the first step to address this. Songwriters earn 50% of radio revenues, but only 15% in streaming. We believe that in a truly free market the song will achieve greater value.
Ultimately though, we need a regulator to ensure the lawful and fair treatment of music makers. The UK has a proud history of protecting its producers, entrepreneurs and inventors. We believe British creators deserve the same protections as other industries whose work is devalued when exploited as a loss-leader.
By addressing these problems, we will make the UK the best place in the world to be a musician or a songwriter, allow recording studios and the UK session scene to thrive once again, strengthen our world leading cultural sector, allow the market for recorded music to flourish for listeners and creators, and unearth a new generation of talent.
We urge you to take these forward and ensure the music industry is part of your levelling-up agenda as we kickstart the post-Covid economic recovery.
Yours Sincerely,
Damon Albarn OBE
Lily Allen
Wolf Alice
Marc Almond OBE
Joan Armatrading CBE
David Arnold
Massive Attack
Jazzie B OBE
Adam Bainbridge (Kindness)
Emily Barker
Gary Barlow OBE
Geoff Barrow
Django Bates
Brian Bennett OBE
Fiona Bevan
Aflie Boe OBE
Billy Bragg
The Chemical Brothers
Kate Bush CBE
Melanie C
Eliza Carthy MBE
Martin Carthy MBE
Celeste
Guy Chambers
Mike Batt LVO
Don Black OBE
Badly Drawn Boy
Chrissy Boy
Tim Burgess
Mairéad Carlin
Laura-Mary Carter
Nicky Chinn
Dame Sarah Connolly DBE
Phil Coulter
Roger Daltrey CBE
Catherine Anne Davies (The Anchoress)
Ian Devaney
Chris Difford
Al Doyle
Anne Dudley
Brian Eno
Self Esteem
James Fagan
Paloma Faith
Marianne Faithfull
George Fenton
Rebecca Ferguson
Robert Fripp
Shy FX
Gabrielle
Peter Gabriel
Noel Gallagher
Guy Garvey
Bob Geldof KBE
Boy George
David Gilmour CBE
Nigel Godrich
Howard Goodall CBE
Jimi Goodwin
Graham Gouldman
Tom Gray
Roger Greenaway OBE
Will Gregory
Ed Harcourt
Tony Hatch OBE
Richard Hawley
Justin Hayward
Fran Healy
Orlando Higginbottom
Jools Holland OBE, DL
Mick Hucknall
Crispin Hunt
Shabaka Hutchings
Eric Idle
John Paul Jones
Julian Joseph OBE
Kano
Linton Kwesi Johnson
Gary Kemp
Nancy Kerr
Richard Kerr
Soweto Kinch
Beverley Knight MBE
Mark Knopfler OBE
Annie Lennox OBE
Shaznay Lewis
Gary Lightbody OBE
Tasmin Little OBE
Calum MacColl
Roots Manuva
Laura Marling
Johnny Marr
Chris Martin
Claire Martin OBE
Cerys Matthews MBE
Sir Paul McCartney CH MBE
Horse McDonald
Thurston Moore
Gary “Mani” Mounfield
Mitch Murray CBE
Field Music
Frank Musker
Laura Mvula
Kate Nash
Stevie Nicks
Orbital
Roland Orzabal
Gary Osborne
Jimmy Page OBE
Hannah Peel
Daniel Pemberton
Yannis Philippakis
Anna Phoebe
Phil Pickett
Robert Plant CBE
Karine Polwart
Emily Portman
Chris Rea
Eddi Reader MBE
Sir Tim Rice
Orphy Robinson MBE
Matthew Rose
Nitin Sawhney CBE
Anil Sebastian
Peggy Seeger
Nadine Shah
Feargal Sharkey OBE
Shura
Labi Siffre
Martin Simpson
Skin
Mike Skinner
Curt Smith
Fraser T Smith
Robert Smith
Sharleen Spiteri
Lisa Stansfield
Sting CBE
Suggs
Tony Swain
Heidi Talbot
John Taylor
Phil Thornalley
KT Tunstall
Ruby Turner MBE
Becky Unthank
Norma Waterson MBE
Cleveland Watkiss MBE
Jessie Ware
Bruce Welch OBE
Kitty Whately
Ricky Wilde
Olivia Williams
Daniel “Woody” Woodgate
Midge Ure OBE
Nikki Yeoh
@ddayen: Arts Venue Closures Likely After Months-Long Delay in Federal Grant Program #saveourstages
A critical $16.25 billion grant program to sustain thousands of small creative venues that haven’t been able to open since the pandemic began has yet to deliver a cent of relief four months after passage, due to delays and faulty technology at the Small Business Administration (SBA). A website constructed to take grant applications closed last week after only four hours online, because of constant crashes and an inability to intake documents. It has not been restored and there’s no timetable for its return….
The disastrous situation is an example of how passing a bill is only the beginning of the policy process. Too many pundits have skipped right ahead to measuring President Biden for Mount Rushmore based on one piece of emergency legislation. But he will likely rise or fall on implementation; if beloved music venues and theaters close across the country because the SBA can’t manage a functioning website, all the legislation in the world won’t matter.
The Trichordist 
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