DMCA Safe Harbor is NOT a “License to Infringe”

The Trichordist

Thanks to Music Tech Policy for alerting us to this post from The Association of Independent Music Publishers:

Apparently, some internet users interpret the DMCA “safe harbor,” which is designed to strike a balance between copyright and technology, as something quite different, a “license” to post anything you like, even if you know it is infringing, unless and until the copyright owner complains.

The distinction may seem small, but it may represent how the general public regards copyright on the internet.  Instead of avoiding infringement and respecting copyright, the concept of the “DMCA License” is that you don’t have to respect copyright.  Do what you like, and at the worst the copyright owner might force your ISP to remove the material.

There is no such thing as a “DMCA License” because under the DMCA, copyright owners are not in any way consenting to unauthorized use.  They are simply trying to…

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Text of Songwriter Equity Act of 2014

Music Technology Policy

[Congressional Bills 113th Congress]
[From the U.S. Government Printing Office]
[H.R. 4079 Introduced in House (IH)] 113th CONGRESS 2d Session H. R. 4079 To amend title 17, United States Code, to ensure fairness in the establishment of certain rates and fees under sections 114 and 115 of such title, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 25, 2014 Mr. Collins of Georgia (for himself and Mrs. Blackburn) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 17, United States Code, to ensure fairness in the establishment of certain rates and fees under sections 114 and 115 of such title, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Songwriter Equity…

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What ASCAP Members Need to Know About the Songwriter Equity Act and What You Can Do | ASCAP

Songwriters, composers and music publishers earn royalty income through two separate rights: the right to publicly perform their music works, and the right to make reproductions of those works and distribute those reproductions.

However, two outdated portions of the Copyright Act, Section 114(i) and Section 115, prevent songwriters and composers from receiving royalty rates that reflect fair market value for the use of their intellectual property. This has created inequity in the marketplace that harms America’s songwriters, composers and music publishers in the digital age. Now is the time to fix it.

READ THE FULL POST AT ASCAP:
http://www.ascap.com/playback/2014/02/action/songwriter-equity-act.aspx

A Great Question from @ZoeCello: Should Digital Retailers Own the Artist’s Fan Data?

Music Technology Policy

I want my data and in 2012 I see absolutely no reason why I shouldn’t own it. It seems like everyone has it, and exploits it…everyone but the creators providing the content that services are built on. I wish I could make this demand: stream my music, but in exchange give me my listener data. But the law doesn’t give me that power. The law only demands I be paid in money, which at this point in my career is not as valuable as information. I’d rather be paid in data.

Zoë Keating, What I Want From Internet Radio

Zoë Keating has raised a number of interesting points in a recent blog post about digital music services and one of them caught my eye–why is it that artists can’t get in the loop with the fans who buy or listen to their music?  When artists spend significant amounts of time and…

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The Tyranny of Legality | The Cynical Musician

Music piracy is a subject that has been talked to death over the past decade. So much, in fact, that it seems scarce conceivable that we could say anything more of interest on the subject.

The fundamental point I’d like you to take away from this is: it’s a lot more important to keep a watchful eye on ostensibly legal services – recall that both Pandora and (perhaps to a lesser extent) YouTube are legit – than to agonize over overt piracy.

That pirate services should be hunted to as close to extinction as is feasible goes without saying, but we mustn’t lose sight of the fact that nobody deserves a medal for going legit. It’s what you’re f-ing supposed to do.

READ THE FULL POST AT THE CYNICAL MUSICIAN:
http://thecynicalmusician.com/2014/01/the-tyranny-of-legality/

How You’re Murdering the Music Industry. | unEARTH Music Hub

Oddly, few people are talking about how much money they are actually making through Spotify, but it’s estimated that the average play is worth an abysmal $0.005. That’s half a cent…if you’re getting anything at all. An artist needs to rack up 200 plays to make $1. How are we letting this happen?! Is the general population truly oblivious to the tremendous effort and cost involved in making music?

Surprise! Songs don’t just pop out of artists like perfectly polished Easter eggs. These creative humans have dedicated a large amount of their time, money and soul to create a tangible piece of art for your listening pleasure. Studio time is expensive! Rehearsal space is expensive! Gas is expensive! Instruments are expensive! Craft beer is expensive!!! Strike that last one.

But seriously guys, when you buy music, you’re not just paying for a song, you’re supporting the artist and the process.

READ THE FULL STORY AT unEARTH MUSIC Hub:
http://unearthmusichub.com/articles/streaming-music/

Proposal for Compulsory Remix License Has Foes in Steven Tyler and Attorney Dina LaPolt | Billboard

Aerosmith lead singer Steven Tyler and music attorney Dina LaPolt have sent a letter to the U.S. Patent and Trademark office opposing the creation of a compulsory license that would allow anyone to legally create remixes and derivative works, without getting songwriter permission.

For example, in 1986 Run-D.M.C recorded a version of Aersmith’s “Walk This Way.” As a cover it could have requested a compulsory mechanical license to create their version. But instead Run DMC involved Tyler and Aerosmith guitarist Joe Perry, who authored the song, in the process to create “one of the most famous derivative works of our modern times.”

“A compulsory license for remixes, mash-ups and sampling is a step too far,” they argued in their letter, which was provided to Billboard. “Approval is the most important right that a recording artist or songwriter has and they need to retain the ability to approve how their works are used… The current system does not need reform.”

READ THE FULL STORY AT BILLBOARD:
http://www.billboard.com/biz/articles/news/legal-and-management/5901155/proposal-for-compulsory-remix-license-has-foes-in

New Report Says How Much Advertising Is Going to Piracy Sites | ADWEEK

Piracy is not only a threat to the content creators whose material is being stolen but the reputations of the advertisers whose brands appear on the sites and the credibility of the digital advertising ecosystem, says the report, titled “Good Money Gone Bad: Digital Thieves and the Hijacking of the Online Ad Business.

The report lists the sites it studied as well as the dozens of blue-chip advertisers whose ads were seen on the offending sites, including AT&T, Lego and Toyota.

“The reality of it is, this is a big business,” said Wenda Harris Millard, president and COO of MediaLink. “I think people thought it was a cottage industry.

READ THE FULL STORY AT ADWEEK:
http://www.adweek.com/news/advertising-branding/new-report-says-how-much-advertising-going-piracy-sites-155770

RELATED:

Google, Advertising, Money and Piracy. A History of Wrongdoing Exposed.

Over 50 Major Brands Supporting Music Piracy, It’s Big Business!

Report links Google, Yahoo to Internet piracy sites | LA Times

Spotify seeks to hire U.S. filings expert as bankers eye IPO | Reuters

* Move adds to speculation about IPO

* Senior banker says firm to be valued at $7-8 bln

* Spotify doubled revenue but registered loss in 2012

STOCKHOLM, Feb 17 (Reuters) – Online music streaming service Spotify is recruiting a U.S. financial reporting specialist, adding to speculation that the Swedish start-up is preparing for a share listing, which one banker said could value the firm at as much as $8 billion.

Meeting U.S. Securities and Exchange Commission (SEC) standards for filing financial disclosures is essential for any firm planning to go public and bankers and lawyers said they inferred from the job ad that the company is getting ready for an initial public share offering (IPO), possibly next year.)

READ THE FULL STORY AT REUTERS:
http://www.reuters.com/article/2014/02/17/spotify-idUSL6N0LM2E520140217

RELATED:

If Spotify is saving Swedish music sales, why aren’t indies celebrating?

While Artists are Bitching About Spotify Royalties… Google, YouTube and Grooveshark are in the Getaway Car…

Get Ready For The Streaming-Music Die-Off