Breaking: Pandora’s IRFA Lobbyists Return for the Astroturf Reheat in NPR Alliance Against Artist Rights

More to follow:

Attention Bands and Bloggers: Link to Your Local Indie Retailers and Be Good to Them When It’s NOT Record Store Day

#linklocalbuylocal!

Music Technology Policy

There’s an inclination on the part of bands and bloggers to use links to Amazon or Apple for fans to buy your records.  Here’s a thought:  Try linking to someone who gives a shit whether you suck air and who doesn’t spend tens of millions of dollars trying to fuck you in Washington?  Think that might be a better idea long term?  (And as we’re seeing play out in Canada, not just Washington, but Ottawa, London, Brussels and indeed around the world.)

I link it to Waterloo Records, my local indie record store which has a good online ordering operation.  I bet you have an indie record store, too.  Why don’t you link to them on your website?  When was the last time you did an in-store at Amazon?

And if you don’t have an indie store in your area, feel free to use Waterloo.  Texas wants you anyway.  But…

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World Watch:  Canadian Government Closes Big Tech’s Back Door Loophole

Music Technology Policy

Canadian Prime Minister Stephen Harper’s government has announced that Canada will expand the current 50 year copyright term for sound recordings in Canada to 70 years. This brings Canada into the 21st Century and in line with its global trading partners. Expect handwringing from Big Tech and the magisterium of the professoriate, some of which has already begun, complete with at least some manufactured evidence worthy of Pandora.

Harper Government Acts to Protect Canadians from the Copyright Term Shell Game

The way you play the copyright term game internationally is to sell knockoff CDs or vinyl versions of classic recordings at super-budget prices in the country with the shortest term as those records flow into the public domain. Fans are confused by these records being sold side by side with value added versions (such as digitally remastered, 5.1 mixes, etc.). There’s also a good chance that the same game…

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Twilight in the Garden of Good and Evil and Hubris: Google Will Face at Least Two Antitrust Investigations in Europe

Music Technology Policy

Good things come to those who wait
So just relax and wait for fate…

from Love You Madly by Duke Ellington and Billy Strayhorn

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According to the Wall Street Journal (EU files formal charges against Google):

European Union regulators formally accused GoogleInc. of violating the bloc’s antitrust laws by abusing its dominance of online search, escalating a long-running case that had stalled for years despite three separate attempts at a settlement.

Wednesday’s move is the first time that any regulator has filed formal antitrust charges against the California search giant, putting the EU in the vanguard of a global debate over the regulation of giant Internet platforms.

In a statement, EU regulators said they had reached the preliminary conclusion that Google “systematically positions and prominently displays its comparison shopping service in its general search results pages, irrespective of its merits.” That conduct started in 2008, the…

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#irespectmusic The New Improved Performance Rights Act: Because You Believed

Music Technology Policy

Congressman Jerry Nadler and Marsha Blackburn, John Conyers and Ted Deutch will introduce legislation on Monday that responds to all of you who supported artist pay for radio play.  The thousands and thousands of you who signed the #irespectmusic petition, the hundreds of you who attended #irespectmusic events, the hundreds of you who responded to the Copyright Office’s request for comments on the Music Licensing Study and the “NABtweets” campaign on Grammy night, and who supported the Turtles fight against Pandora and SiriusXM.  All the bands who have hosted #irespectmusic shows around the country, all the fans who wore the “#irespectmusic AND I VOTE!” button at election time.

marsha blackburn

Janita, Rep. Marsha Blackburn, Blake Morgan and Tommy Merrill

nadler

Tommy Merrill, Rep. Jerry Nadler, Blake Morgan and Janita

deutch 2

 Janita, Rep. Ted Deutch, Blake Morgan and Tommy Merrill

Some of you joined this movement recently, some of you were around for the last…

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The Great Disappointment: Tidal Highlights YouTube’s Moral Hazard for All the World to See

Escape from the Great Streaming Cult….

Music Technology Policy

Part of Tidal’s business model relies on artists being able to grant exclusives.  The concept of an exclusive requires property rights that are respected by other platforms in the channel.

Imagine if Showtime began showing rips of Game of Thrones day and date with its HBO release.  Forget that HBO would sue them and win.  The actors, screenwriters, producers and the vast below the line personnel would think twice about working for Showtime in the future.

And that’s exactly what should happen to YouTube.

Beyonce released “Die With You” on Tidal as an exclusive.  Everyone at YouTube knows that it was intended to be an exclusive just like everyone at YouTube knows that YouTube could keep the track from being uploaded to YouTube if YouTube wanted to do that.

YouTube has worked hard at getting the world to accept the concept of “user generated content” as some kind of great…

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#howgooglegateworks: Will @senmikelee Investigate Washington Insider Beth Wilkinson for Her Role in the FTC’s Noninvestigation of Google?

The FTC can regulate songwriters but not Google?

Music Technology Policy

The Googlegate Mascot

One of the historical facts that may (or ought to) come up in Senator Mike Lee’s corruption investigation of Google and the Federal Trade Commission is the FTC’s hiring of Washington insider Beth Wilkinson.  Ms. Wilkinson was hired to oversee the FTC’s Google investigation on April 26, 2012, four months before the internal FTC report recommending prosecution as reported by Brody Mullins at the Wall Street Journal.  Beth Wilkinson has several dots that connect her to various players in the Googlegate corruption probe.

Why Was Ms. Wilkinson Hired?  The threshold question is why did the FTC need to bring in an outside lawyer to manage the Google investigation?  Has the FTC done this before?  (Not that I can find.)  Why did they do it this time?  Why did they hire Ms. Wilkinson and who else did they consider for the post (if anyone)?  How…

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@senmikelee Investigating White House Influence in FTC Decision Not to Prosecute Google

Maybe Senator Lee could look at Google’s scorched earth attack on Zoë Keating?

Music Technology Policy

According to the National Journal (“Senate to Investigate White House Role in Google’s Antitrust Victory“):

A Senate panel plans to investigate whether the White House inappropriately derailed a federal investigation into accusations that Google was stifling online competition.

Sen. Mike Lee, the chairman of the Senate Judiciary’s Antitrust Subcommittee, plans to contact the Federal Trade Commission, Google, and other online companies to discuss the issue, Emily Long, a spokeswoman for the Utah Republican, said Monday. The subcommittee has no plans yet to hold a hearing on the issue, she said….

“In short, we are interested in how the FTC allowed a confidential report to be disclosed, and second, what conversations, if any, the FTC or Google had with the White House about the pending investigation,” Long said in an emailed statement. “We are not likely at this time to re-examine the underlying merits of the investigation, which was…

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The Queen of Denial: Be Careful or Rachel Whetstone Will Clap You in Irons

Music Technology Policy

The demagogue is one who preaches doctrines he knows to be untrue to men he knows to be idiots.

H.L. Mencken

You may have read one of many, many recent news articles about an internal Federal Trade Commission report about the Google antitrust investigation released by the FTC under a Freedom of Information Act request by the Wall Street Journal.   That report conclusively demonstrates that at least some of the lawyers at the Federal Trade Commission wanted to bring an action against Google for a variety of violations of the U.S. antitrust laws.

That report was overruled by the political appointees who run the FTC.

The Journal followed up their reporting with an analysis of how many times Google met with Obama Administration officials at the White House both before and after the FTC voted not to pursue an action against Google.  When coupled with the number of Google executives…

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Must Read Op-Ed by AFM President Ray Hair Lays it Down on the Shadowy Naxos Deal with Pandora

As we posted, there are very few details about the recent direct deal between Naxos Records and Pandora.  The two big points that aren’t getting discussed is the Pandora special “steering payola” that Naxos and Pandora refused to discuss with the RAIN Newsletter.

The big issue that Naxos and Pandora also refused to discuss is direct payment to artists, musicians and vocalists through SoundExchange which was a big part of the Merlin direct deal with Pandora.

The musicians union president Ray Hair (American Federation of Musicians) stepped up and called out Naxos and Pandora on this issue in Billboard in a must-read op-ed:

We are alarmed by the agreement recently reached between Pandora and Naxos, the world’s leading classical music label, on a multi-year US license for the entire Naxos catalog. We were concerned when their joint announcement was notably silent on any mention of fair and direct payment of royalties to artists. As AFM members who record classical music are keenly aware, professional musicians receive royalties directly and immediately when Pandora uses the statutory license. Pandora has repeatedly and publicly boasted about the supposed benefit it provides to artists, including in their sworn testimony to the House Judiciary Subcommittee, just a few months ago. They praised the statutory licensing process as an efficient, transparent solution that “must be preserved,” and specifically applauded the fact that the statutory license ensures that artists and musicians “actually receive their fair share of the hundreds of millions of dollars in royalties that services like Pandora pay each year.”

Indeed, direct pay to artists and musicians was supposedly a significant part of Pandora’s agreement with Merlin, an independent consortium of record labels — there was an entire paragraph in the Billboard article on the agreement about the fact that artists would still be paid directly, even if they were on a label subject to that agreement. But nothing in the Naxos announcement mentions anything about SoundExchange administering payment to the artists.

Read the whole thing here in Billboard.

We are 100% in Ray’s corner on this and commend him for taking a leadership role in calling out both Naxos and Pandora to disclose the terms of the deal and pay creators fairly.

We also are 100% in sync with the AFM members calling for the AFL-CIO union pension funds to divest of any shares of Pandora or Google stock they hold, and of course any shares of the members of the “Free Radio Alliance” who oppose artist pay for radio play.  It’s time to get serious.

Big thanks to Ray for all he does for musicians.