Steal a Little: Piracy & the Economy via The Illusion Of More

I’ve wanted a sailing yacht for years but have never been able to afford one — until now. Thanks in part to a report on piracy and counterfeiting by the GAO and this explication by CCIA (Computer & Communications Industry Association) lobbyist Matt Schruers, I now have a plan that will put me at the helm of the sloop Larceny by the Summer of 2016. And the best part is the whole family gets to collaborate to make it happen. According to my rough calculations, all we have to do is steal groceries like a Dickensian gang for three full years, and we’ll save enough for a substantial down payment on the boat. I’m thinking Beneteau 45ft, but if any seasoned mariner out there has a recommendation, let me know.

READ THE FULL POST AT THE ILLUSION OF MORE:
http://illusionofmore.com/piracy_and_economy/

Repeat after me… “Artists are Innovators!” via VOX INDIE

Testimony from copyright hearing highlights what’s at stake for content creators

On Thursday (July 25th) the House Subcommittee on Courts, Intellectual Property, and the Internet held another hearing on copyright reform, “Innovation in America: The Role of Copyrights,” with the following witness invited to testify:

Sandra Aistars, Executive Director, Copyright Alliance
Eugene Mopsik, Executive Director, American Society of Media Photographers
Tor Hansen,Co-Founder, Yep Roc Records / Red Eye Distribution
John Lapham, General Counsel, Getty Images
William Sherak, President, Stereo D

Unfortunately, to some in the press–who the witnesses were seems to have overshadowed what they may have actually said. In The Washington Post Andrea Peterson bemoaned the lack of “innovators” on the witness list.

READ THE FULL POST AT VOX INDEI:
http://voxindie.org/house-hearing-copyright-reform

Poll: Ad Agency Giants Unite for More Innovative Brand Sponsored Piracy?

Music Technology Policy

Some of you may have seen the story about the merger of Omnicom and Publicis the huge global advertising agencies.  When the House IP Subcommittee holds hearings about “innovation”, they will hopefully be interested in the effect of this merger on brand sponsored piracy.  We have noted in the past that Omnicom clients (particularly Chiat Day clients) have been particularly nonresponsive on explaining why they support online theft of music and movies.  Plus, who can forget the Chiat Day “Arists vs Artists” campaign.

Poll by Damn the Science!

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Why Spotify is NOT the Enemy of Artists, and Who Is…

Spotify has been taking a beating in the press lately and we understand why. We have offered our own criticisms which mostly revolve around royalty rates and transparency. But we’ve also stated that Spotify is a symptom of a much larger disease of illegally operating, infringing businesses who make millions individually and billions collectively while paying absolutely zero to artists and rights holders.

As much as we disagree with Spotify over their rates and PR spin on several issues, we also recognize that they are legal, licensed and pay out royalties as they have been negotiated. Artists are able to opt out of Spotify individually (and also if their label permits).  It is for these reasons that Spotify are NOT the enemy.

However this begs the question, if Spotify are not the enemy, who is? Well, as we stated above it is the massively deceptive Ad Tech businesses who have been financing mainstream music piracy for over a decade. This is the Silicon Valley internet tech lobby (lead by Google) who seek to dismantle and destroy copyright protection for individual creators.

Yes, we hear a lot of lip service about how these people say they are really pro-copyright and pro-artist, but when every meaningful action and suggestion is to the contrary of protection and compensation of the artists work and labor it all rings a bit hollow. We now know after a decade plus of internet/tech snake oil salesmen there is no magic bullet and that “touring and t-shirts” is an admission of the failure of these online businesses to provide sustainable earnings for creators.

Piracy is NOT Promotion

Exploitation is NOT Innovation

In our ongoing “Exploited By…” series of posts we illustrate how major Fortune 500 companies, represented by Madison Avenue Advertising Agencies have been, and continue to finance the destruction of the creative community.

So we say this…

Let us focus first on the many who pay nothing at all to musicians while pocketing 100% of the Profit. Let us focus our energies on the illegally operating companies and corporations who have made infringement for profit their business model.

We are encouraged to see Spotify also take up this mutually beneficial fight against those companies and business who have so greatly devalued the work of musicians as well as impeding the growth potential of legal and licensed companies to create sustainable models for all stakeholders.

Will Page a Spotify spokesperson had this to say in The Register UK:

“Copyright infringing websites are big businesses … 2/3 of piracy sites have advertising, and 1/3 also include credit card logons. This competition is real: consider how ad pricing is distorted by those unlicensed sites who offer more scale and no content costs.”

This is the first step towards making real change that will remove the bad actors from the marketplace and move towards a sustainable ecosystem for all legal and licensed stakeholders.

We’ve commented before that we believe that Spotify is unsustainable at current rates. It is also worth noting that Spotify pays significantly MORE than YouTube, a business that was founded and built on the premise of infringement for profit. Although YouTube and Google have made improvements in their services for rights management they still fundamentally devalue the work of artists hiding behind the DMCA.  Google and YouTube also continue to create and distribute anti-copyright and anti-artist propaganda asserting that any “remix” of an artists work is “fair use.” It is not.

In the end Spotify needs to increase it’s revenue per stream so it can increase it’s royalties per stream to be sustainable for artists. The number one way to do this is to capture the millions or even billions in advertising revenue that are financing illegally operating and infringing businesses that pay artists nothing.

In closing, the enemy is not so much those who pay so little offering artists both consent and compensation, but more so those who are paying nothing at all and deny the artists consent.

Exhibit A:

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

Stealing is Good for You Says CCIA and GAO: A match made in heaven

More Silicon Valley nonsense. Essentially the CCIA asserts that stolen goods don’t harm the economy because the money eventually gets spent somewhere… can’t beat logic like that.

Music Technology Policy

Washington lobbyist Matt Schruers, who works for the Computer & Communications Industry Association, is floating a paper released by the Government Accountability Office (“Intellectual Property: Observations on Efforts to Quantify the Economic Effects of Counterfeit and Pirated Goods” (GAO-10-423)).

So you get the context, the Computer & Communications Industry Association is a very well funded lobby shop in Washington that is (was?) one of the big backers of the Internet Radio Fairness Act through its membership in the Internet Radio Fairness Coalition and is prominently mentioned in the Google Shill List.  I fully expect them to be major opponents of Ranking Member Mel Watt’s performance rights legislation that could be introduced as soon as next week.  The CCIA also funds a variety of studies that try to tell us things like stealing is good and the movie business is a “fair use industry” whatever that means.

The GAO…

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FOIA Request Shows That GAO Is Still Stonewalling on Sources for “Stealing is Good” Report

Essential reading in response to the current attack on creators rights. So WHO exactly is going to take responsibility for this nonsense?

Music Technology Policy

[This post appeared earlier in 2011–but given the rogue sites debate that demonstrates just how much money is being made from online theft, understanding who influenced this GAO “report” that found that “stealing is good” is even more necessary.]

Some of you may remember the report by the Government Accountability Office that studied the problem of online theft of artists’ work and discovered that no one was able to prove anything and that everyone failed to take into account the positive effects on the economy of theft–in other words, stealing is good.

The report, specifically the April 2010 Government Accountability Office publication “Intellectual Property: Observations on Efforts to Quantify the Economic Effects of Counterfeit and Pirated Goods” (GAO-10-423) was required under by the PRO-IP Act (P.L. 110-403), specifically Section 501(a) of the Act directed the undertaking of a “a study to help determine how the Federal Government could…

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Why Spotify’s Piracy Study Isn’t Cause for Celebration | SPIN | Newswire

Report shows promising signs, but only in the Netherlands…

…According to a Spotify spokesperson, the company doesn’t break down user numbers by individual country, but has 6 million paying subscribers and 24 million users worldwide…

…The report follows news that music sales increased greatly in Sweden, Spotify’s home country, corresponding with the service’s growing popularity there. Which is great news across the pond, but which doesn’t necessarily scale to America’s humungous market. The Netherlands is a country of under 17 million people with 6.8 million residential broadband connections versus the United State’s 313 million population and 82.4 million broadband users…

READ THE FULL STORY AT SPIN.COM:
http://www.spin.com/articles/spotify-piracy-study-festivals-thom-yorke/

Aimee Mann Exploited by Russian Brides, Wells Fargo Bank and Nationwide Insurance

In light of current events we’re re-running this post.

The Trichordist

When an artist signs a contract with a record label and publishing company there is a customary clause that governs how the artists music can be used in association with brands, marketing and the context of commercial placements including films and television shows. This provision grants the artist authority and control over how they are represented to the world and often coincides with the artists personal values (such as political campaign uses).  These concepts track the laws against misappropriation of the artist’s right of publicity and laws against falsely implied endorsements.  Not to mention the moral rights of artists.

The online exploitation of artists work, beyond the obvious illegal distribution of their work without permission or compensation now extends into brands leveraging the appeal of the artist to promote their product or service (like banking or insurance). In the examples below both Wells Fargo Bank and Nationwide Insurance are specifically benefiting…

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This is What Innovation Looks Like!

A small random sampling of what Innovation and Expression of Free Speech looks like. This post could easily go for miles so please forgive our small sampling and omissions in our illustration of the innovative work of musicians and songwriters.

“Dark Side Of The Moon” – Pink Floyd
“Nevermind” – Nirvana
“OK Computer” – Radiohead
“Straight Outta Compton” – NWA
“Hotel California” – The Eagles
“The Blue Print” – Jay-Z
“Andy Wahol” – The Velvet Underground & Nico
“Sergent Pepper” – The Beatles
“Pet Sounds” – The Beach Boys
“Kinda Blue” – Miles Davis
“Appetite For Destruction” – Guns & Roses
“Raising Hell” – Run DMC
“Paul’s Boutique” – The Beatie Boys
“Play” – Moby
“Led Zeppelin IV” – Led Zeppelin
“The Chronic” – Dr. Dre
“1999” – Prince
“Rated R” – Queens Of The Stone Age
“Pretty Hate Machine” – Nine Inch Nails
“The Doors” – The Doors
“Nevermind The Bollocks Here’s The Sex Pistols” – The Sex Pistols
“The Joshua Tree” – U2
“Born To Run” – Bruce Springsteen
“Thriller” – Michael Jackson
“Tubular Bells” – Mike Oldfield
“Are You Experienced” – Jimi Hendrix
“College Dropout” – Kanye West
“Remain In Light” – The Talking Heads
“Highway To Hell” – ACDC
“Kill Um All” – Metallica
“Mothership Connection” – Parliment
“The Clash” – The Clash
“Goodby Yellow Brick Road” – Elton John
“Imagine” – John Lennon
“Rain Dogs” – Tom Waits
“Loveless” – My Bloody Valentine
“Day Dream Nation” – Sonic Youth

And the list could go on and on and on…

Aimee Mann Could Score Millions in Massive Digital Royalty Lawsuit | SPIN | Newswire

Aimee Mann has filed a big lawsuit against a little-known company with serious clout in the digital music business. As the Hollywood Reporter points out, the singer-songwriter has slapped MediaNet, prevously known as MusicNet, with a copyright-infringement lawsuit seeking $18 million in damages. Never heard of MediaNet? That just demonstrates how complicated the music industry has become in the streaming era.

READ THE FULL STORY AT SPIN.COM:
http://www.spin.com/articles/aimee-mann-medianet-copyright-lawsuit/