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Author: Trichordist Editor
Victims of IP theft need better protection By Reps. Judy Chu and Tom Marino | The Hill
Stopping IP theft should not be this difficult, or so costly, to the individual artist, who is ultimately the victim.
In the first six months of 2013, the largest search engine received more than 100 million DMCA takedown notices. The numbers are staggering, but don’t reflect the reality that most indie and small creators struggle to keep up with issuing notices and have simply given up trying to prevent illegal profiting from their work. Independent artists cannot afford employing an entire legal department to monitor the unauthorized use of their content on a daily basis.
And the profits are staggering — a recent study by the Digital Citizens Alliance estimates that the top 596 pirate sites raked in $227 million in advertising revenues last year. These sites had a profit margin of between 80 and 94 percent. Content thieves rely on stealing the rights-protected work of others and distributing on low-cost sites. It’s a low-risk, high-reward business.
This week, the House Judiciary subcommittee on Intellectual Property will examine the “Notice and Takedown” process, and to us, it is clear that a very hard look is necessary.
READ THE FULL STORY AT THE HILL:
http://thehill.com/opinion/op-ed/200630-victims-of-ip-theft-need-better-protection
Update: Beastie Boys Settle with Goldieblox: More grace than Goldieblox deserved
“Put all your eggs in one basket, and then WATCH that basket.”
From Pudd’nhead Wilson and Other Tales by Mark Twain
At the intersection of “Too Cute By Half” and “Stupid Stanford Tricks,” we find Silicon Valley darlings, Goldieblox. What do they teach them at Stanford, anyway?
In a gracious–and supremely undeserved–act of kindness, the Beastie Boys agreed to dismiss the lawsuit (Goldieblox Dismissal) that Goldieblox brought against them. If I had to guess, I would guess that the paying party was probably not just Goldieblox, but that’s because I always thought that Goldieblox was engaged in marketing by lawsuit and got extraordinarily bad advice.
The unanswered questions in this case are many, but I think they’ll just have to go into that mysteries of life pile unless Goldieblox just cannot keep it buttoned and there’s a better than 50/50 chance of that.
First, what did Intuit…
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Band Spoofs Spotify to Fund Tour | SLEEPIFY /// The Spotify Funded Vulfpeck Tour
Just watch this totally awesome video. Genius idea.
We don’t know how well this is gonna work out, but we love the intention behind it.
#SXSW REWIND : Venture Capitalist Admits Artists Can Not Make A Living Streaming
The grand irony here is that the panel which asked the question “”Will Artists Make Money on Big Music Platforms?” not only reported that artists could not, but also suggested that artists needed to focus on selling concert tickets and merchandise. You know, things artists did BEFORE the internet.
We admire the honesty of Hany Nada, Managing Partner GGV Capital who bluntly and glibly admitted during the SXSW Panel “Will Artists Make Money on Big Music Platforms?” that he believed that they would not be able to do so. He also added that he the point of digital streaming platforms such as Pandora, Spotify, and others was promotion to help the artists tour, sell t-shirts and offer other non-digitally distributable “experiences” to fans (why is this sounding more and more like prostitution?).
At least Mr.Nada is honest, which is refreshing given that the man has more integrity than most of the executives at that streaming services who claim the problem of royalties is one of scale and not sustainability. Mr. Nada (ironically named in this context) may be well intentioned and honest but he is also grossly misguided.
Mr. Nada’s statement and philosophy that streaming sites should be viewed by artists as a promotional platform more so than a financial one are an admission of the failure of these unprofitable start ups to serve musicans. As such, let artists decide if there is a value proposition in these companies that benefits the artist and allow them to opt out. Not every album should be on streaming services. Not every artist should be on streaming services. And if streaming is nothing more than promotion with little value proposition, than artists need to rethink their relationships and strategies regarding those businesses.
To be fair, it’s not just Mr.Nada who has promoted this philosophy. It appears that many of the music streaming company executives on panels at SXSW alternate between two talking points. First is that these services will support musicians when they scale (which we can find no evidence of). And second, when pressed on the first point, that streaming platforms offer promotional value for artists to make money in other ways. Oddly, other than “t-shirts and touring” no one seems to have any idea how to translate an artists participation on streaming services into a sustainable revenue stream.
In almost every way streaming companies represent the worst of both the old boss and the new boss.
So here’s the take away, which was put forth by a series of questions from the floor that largely went unanswered.
1) If artists can’t be expected to make a living from streaming music why should streaming executives make a living from streaming businesses at the artists expense? These are essentially, artists subsidized corporations.
2) As artist’s are bringing the audience to the platform, why should the platform profit, but not the artists? Test this theory, No Music = No Business. Done.
3) Artists have been able to sell t-shirts and tour long before the internet and without streaming platforms, but streaming platforms can’t exists without the artists music. Again, No Music = No Business. Done.
4) Given that the streaming music thought leaders believe that the”new revenue model’s” for musicians are “touring and t-shirts” when are the streaming company executives going on tour to sell t-shirts to support their businesses? We find it odd that the executives running companies that are not profitable are giving business advice to musicians.
Sons of Anarchy Creator Kurt Sutter Responds to Google Shill Marvin Ammori, and boy is it good!
So Google shill Marvin Ammori wrote an Asperger’s ridden anti-copyright, anti-artist tirade on Slate. Of course in doing so Marvin failed to represent his past and current affiliations to Google. Slate, to their credit amended the rant with the following:
Update, March 11, 2014: Disclosure: The author represented Google and other companies fighting SOPA/PIPA in 2011 and 2012. He currently represents Google and other companies on several issues, including copyright reform. These views are his own.
Of course, this isn’t the first time that those with a political agenda haven’t disclosed their affiliations. Who can forget Timothy B. Lee’s Epic Fail in the Washington Post on Piracy?
And so, we present the brilliant rebuttal to Google’s disingenuous attack on the rights of individual creators and artists by Kurt Sutter.
Not-So-Zen and the Art of Voluntary Agreements
Google’s anti-copyright stance is just a way to devalue content. That’s bad for artists and bad for consumers. By Kurt SutterIt’s so absurd that Google is still presenting itself as the lovable geek who’s the friend of the young everyman. Don’t kid yourself, kids: Google is the establishment. It is a multibillion-dollar information portal that makes dough off of every click on its page and every data byte it streams. Do you really think Google gives a shit about free speech or your inalienable right to access unfettered content? Nope. You’re just another revenue resource Google can access to create more traffic and more data streams. Unfortunately, those streams are now pristine, digital ones of our work, which all flow into a huge watershed of semi-dirty cash. If you want to know more about how this works, just Google the word “parasite.” And if you think I’m exaggerating, ask yourself why Google spends tens of millions of dollars each year to hire lawyers and lobbyists (like Marv) whose sole purpose is to erode creative copyright laws.
Do they do this because they hate artists? No. They do it because they love money.
READ THE FULL STORY AT SLATE:
http://www.slate.com/articles/technology/technology/2014/03/sons_of_anarchy_creator_kurt_sutter_google_s_copyright_stance_is_bad_for.html
RELATED:
Google, Advertising, Money and Piracy. A History of Wrongdoing Exposed.|Trichordist
Why Google Really is Evil | Fox Business News
Google and Trichordist to debate piracy profits in London | Music Week
New Adventures in Copyright Enforcement @SXSW #SXSW
Friday, March 14 | 2:00PM – 3:00PM
New Adventures in Copyright Enforcement
Austin Convention Center | Room 17B | 500 E Cesar Chavez Stlthough debates about how to protect copyright online might seem so 2010, they certainly haven’t abated. The current conversations aren’t as contentious as the SOPA skirmishes, but that doesn’t necessarily mean consensus. Current attempts to address piracy are taking place outside of Congress, and include efforts to establish “best practices” between stakeholders. From the recently-minted Copyright Alert System to voluntary agreements meant to curb unauthorized activity within ad networks and payment processors, new experiments in rights protection abound. What’s the thinking behind the various approaches? What does a “win” look like, and what are the parameters for oversight? How can artists get involved?
MMODERATOR
Casey Rae
Interim Exec Dir – Future of Music CoalitionSherwin Siy
VP, Legal Affairs- Public KnowledgeJill Lesser
Exec Dir- Center For Copyright InformationDavid Lowery
Musician/Internet Content Provider – Cracker
TODAY AT #SXSW : Love the Art, Fcuk the Artist: The Re-emerging Artist Rights Movement! #SXSW
Thursday, March 13 | 3:30PM – 4:30PM
Austin Convention Center | Room 12AB | 500 E Cesar Chavez Sthttp://schedule.sxsw.com/2014/events/event_MP990775
Business gets harder and harder for recording artists and songwriters. Problems have developed with labels, publishers, fans, online distribution services like Spotify, major ISPs like Google, and Internet radio networks like Pandora. They also endure antagonistic courts, ineffective laws, and government indifference. As a result, their property interest has been significantly devalued and their rights abridged. Recently some recording artists and songwriters have started to criticize and push back against this new status quo.
MODERATOR
Jay Rosenthal
SVP & General Counsel – National Music Publishers’ AssociationEric Hilton
Thievery CorporationDavid Zierler
Pres – INgroovesLee Miller
Pres – Nashville Songwriters Association InternationalDavid Lowery
Musician/Internet Content Provider – Cracker
The Internet Empowered Artist? What 1 Million Streams Means To You! #sxsw
Is this the future of music? We continue to explore artist revenue streams.
Here’s what 1 million streams looks like from different revenue perspectives on the two largest and mainstream streaming services.
| Service | Units | Per Unit | Total | Notes |
| Spotify | 1,000,000 | $0.00521 | $5,210.00 | Gross Payable to Master Rights Holder Only |
| Spotify | same million units as above | $0.00052 | $521.00 | Gross Payable to Songwriter/s & Publisher/s (est) |
| YouTube | 1,000,000 | $0.00175 | $1,750.00 | Gross Payable for All Rights Video, Master & Publishing |
| YouTube CMS Master Recording (Audiam / AdRev) | 1,000,000 | $0.00032 | $321.00 | Gross Payable to Master Rights Holder Only |
| STREAMING TOTALS | 3,000,000 | $7,802.00 | TOTAL REVENUE EARNED FOR 3 MILLION PLAYS ON SPOTIFY AND YOUTUBE | |
| Itunes Album Downloads | 1,125 | $7.00000 | $7,875.00 | Gross payable including Publishing |
Here are some compelling stats on the break down of what percentage of videos on YouTube actually achieve breaking the 1 million play threshold, only 0.33%
CHART OF THE DAY: Half Of YouTube Videos Get Fewer Than 500 Views | Business Insider
Some 53% of YouTube’s videos have fewer than 500 views, says TubeMogul. About 30% have less than 100 views. Meanwhile, just 0.33% have more than 1 million views.
That’s not a huge surprise. But it highlights some of the struggles Google could have selling ads around all those unpopular videos, despite the money it has to spend to store them.
An artist needs to generate THREE MILLION PLAYS on the two largest and most popular streaming platforms to equal just 1,125 album downloads from Itunes. This is an important metric to put in context. In 2013 only 4.8% of new album releases sold 2,000 units or more. So if only 4.8% of artists can sell 2,000 units or more, how many artists can realistically generate over four million streams from the same album of material?
in 2013 there were 66,565 new releases, only 3,237 sold more than 2,000 units = 4.8% of new releases sold over 2,000 units
in 2013 there were 915,482 total releases in print, only 14,856 sold more than 2,000 units = 1.6% of ALL RELEASES in print sold more than 2,000 units.
This is even more important when you start to consider that many artists feel that growing a fan base of just 10,000 fans is enough to sustain a professional career. Note we said solo artists because these economics probably need to be multiplied by each band member added for the revenue distribution to remain sustainable. So a band of four people probably need a sales base of 40,000 fans to sustain a professional career for each member of the band.
Each 10,000 albums sold on iTunes (or 100,000 song downloads) generates $70,000 in revenue for the solo artist or band. To achieve the same revenue per 10,000 fans in streams, the band has to generate 30 million streaming plays (as detailed above) if they are distributing their music across the most common streaming services including Spotify and YouTube.
In 2013 the top 1% of new releases (which happen to be those 620 titles selling 20k units or more) totaled over 77% of the new release market share leaving the remaining 99% of new releases to divide up the remaining 23% of sales.
This appears to confirm our suspicion that the internet has not created a new middle class of empowered, independent and DIY artists but sadly has sentenced them to be hobbyists and non-professionals.
Meanwhile the major artists with substantial label backing dominate greater market share as they are the few who can sustain the attrition of a marketplace where illegally free and consequence free access to music remains the primary source of consumption.
What’s worse is that it is Silicon Valley corporate interests and Fortune 500 companies that are exploiting artists and musicians worse than labels ever did. New boss, worse than the old boss, indeed.
So whose feeling empowered?




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