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

While artists bitch about low payments from Spotify royalties,  YouTube,  Grooveshark and The Pirate Bay pay artists less or even nothing.  The reason Spotify pays so little is because it’s forced to compete with illegally operating, unlicensed sites who pay nothing at all. Artists need to focus on the big picture.

Spotify has become the symbol of inequity for artists in the digital age, and we’re not saying artists are wrong to focus on the Spotify royalty payments as an example of this inequity. We’ve written our own criticisms of Music Streaming Math and our doubts that Spotify could ever actually scale to be a sustainable business for both artists and labels.

Whatever the criticisms we may have of Spotify it is important to note that they are legal and licensed with secured rights.

The truth is that Spotify is only a symptom of a much larger disease.  The actual cause of the inequity is mass scale, enterprise level, corporate sanctioned piracy for profit. Ad Funded Piracy is the primary mechanism by which the work of artists and musicians has been devalued to fractions of cent and here’s how it works.

Imagine creating a business where you could profit by attracting every fan of every musician and band.

Imagine not requiring any licenses or permission from any of the musicians and bands.

Imagine selling advertising based on not only the overall popularity of the musicians and bands, but also from providing free streaming and/or downloads to the music of the musicians and bands.

Imagine not having to pay musicians and bands and keeping all of the advertising (and/or subscription/access fee) money.

GOOGLE:

One of the most accessible points of piracy starts at Google search and they can absolutely do more to assist legal and licensed businesses that pay artists. Digital Music News recently reported that “Google Receives Its 100 Millionth Piracy Notice. Nothing Changes…” As we’ve seen with Google’s swift retribution to Rap Genius, search can very effective to discourage or remove bad actors from the legitimate marketplace (When it is in Google’s business interest to do so!). Google is also tracking over 200,000 known domains engaged in active piracy. This seems like an easy problem to solve.

Not only did a series of research studies by the USC Annenberg Innovation Lab identify Google as one of the primary companies feeding advertising to pirate sites, but there is actually a longer darker history of Google assisting illegally operating business online.

Artists don’t get paid anything from pirate sites profiting from advertising revenue. This is the big one, those who pay nothing at all but distribute the most music at the highest volumes.

YOUTUBE:

YouTube is a company that was intentionally founded and designed to profit by ripping off artists, musicians and creators. These practices are well known from court documents published by sources such as Daily Finance.

It appears that much of the music on YouTube may still be generating profit for YouTube but not so much for musicians. East Bay Ray of the Dead Kennedy’s details the state of things here on NPR.

Even when YouTube is paying, they are paying half as much (or less) than Spotify on a per play basis.

GROOVESHARK:

We’d love to hear from artists (musicians and songwriters) who actually have their music legally licensed on Grooveshark. And, for those who do, we’d love to see what some of those royalty statements look like. We can’t imagine that Grooveshark is paying better than Spotify and that’s only for those artists who may actually have a valid license from Grooveshark.

As of this writing Grooveshark is still embattled in a number of lawsuits, which at one time included every major label. Essentially Grooveshark designed their business to be like an audio and music only version of YouTube. We detailed their practices in the post “Grooveshark, Notice and Shakedown”.

We don’t know how much money Grooveshark is making, but it’s enough to put the companies founders on the Forbes 30 Under 30 List… It seems that it is the (new boss) gatekeepers controlling the money and once again it is the artists themselves getting screwed.

PANDORA:

As of this writing Pandora has abandoned it’s ill conceived attempt at legislation that would have reduced artists royalties by 85%. But let us not forget that the arguments used by Pandora for attempting that move were also motivated by the downward economic pressure placed on artists whereby the majority of music consumption is happening with no compensation at all due to various forms of Ad Funded Piracy.

Welcome to the Exploitation Economy.

We suggest that artists focus on the disease that is creating the symptoms of businesses like Spotify.

RELATED:

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

Lou Reed and Dead Kennedys Go Public Against Ad Funded Piracy with Facebook Posts


Don Henley Talks Google Versus Musicians | LA Times

In the technocratic world of Google (which owns YouTube), my musical brethren and I are no longer artists; we’re not creators — we are merely “content providers.” Copyright and intellectual property mean nothing to the technocracy. They’ve built multi-billion-dollar, global empires on the backs of creative, working people who are uncompensated. They’re wrecking entire industries.

There might be a legislative fix, but there seems to be no political will. Google alone has about a dozen lobbyists on Capitol Hill. Google spent over $11 million last year on lobbying and over $18 million the previous year. They spread the money and the propaganda around like manna, employing their favorite buzz words like “innovation.” Regulation, they say, will “stifle innovation,” and the legislators all nod in agreement. It’s an oligarchy, plain and simple.

READ THE FULL INTERVIEW AT THE LA TIMES:
http://www.latimes.com/entertainment/music/posts/la-et-ms-don-henley-qa-20140115,0,5745299.story

Goldieblox Case Reassigned to Judge Hearing Google Privacy Case

Interesting News. (from Chris Castle)

Music Technology Policy

In an interesting twist, the Goldieblox case has been reassigned to a judge currently hearing one of the many Google privacy cases–that is, someone who is very, very familiar with Silicon Valley shenanigans.  And she’s not afraid to threaten the attorneys with sanctions.

If you believe as I do that the Goldieblox attorneys are walking a very, very fine line in bringing this case in the first place, this is good news.  A case that appears to be clearly “marketing by lawsuit” is a prime candidate for nice juicy sanctions for wasting the court’s time.

Judge Koh recently expressed some exasperation with one of the Apple lawyers in a different case:

“Come on,” Koh told Bill Lee, one of Apple’s lawyers. “You want me to do an order on 75 pages? Unless you’re smoking crack, you know these witnesses aren’t going to be called.”

Judge Koh also recused herself from…

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Early Results and Evolution of the UGA Undesirable Lyric Website Study to Include Advertisers. | UGA

As a result of the publication of the UGA Undesirable Lyric Website List and action taken by the National Music Publishers Association there have been a number of noteworthy updates. Many sites have come forward wishing to obtain licenses and others updated their licensing compliance. We updated our database accordingly. We also learned of at least one website that now has an expired licenses.

In addition we are now ready to expand the study to examine which brands are advertising on these unlicensed sites.

Finally the next iteration of the list will be followed by a list of brands which appear on the top 10 Undesirable Lyric websites.

READ THE FULL REPORT AT UGA LYRICS:
http://ugalyricwebsitelist.org/2014/01/01/early-results-and-evolution-of-the-uga-undesirable-lyric-website-study-to-include-advertisers/

A Kim Dotcom For All Seasons

This seems timely…

The Trichordist

Come on, guys, I am a computer nerd. I love Hollywood and movies. My whole life is like a movie.

That’s Kim Dotcom in an “open letter” to Hollywood that he penned last week. Dotcom is the owner and CEO of Megaupload and is currently facing federal criminal charges, along with six other individuals, for allegedly operating a “mega-conspiracy” that made him a very wealthy man using other people’s work without permission.

Since his indictment and arrest, Dotcom has been waging a PR campaign to cast himself, not as an opportunistic hack who exploited thousands of creators through his spammy, scammy website, but as some sort of internet freedom fighter — in his latest “music video”, he portrays himself as no less than Dr. Martin Luther King, Jr. Strangely, in the topsy-turvey world of the internet, Dotcom’s efforts appearto beworking.

You can fool some of…

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Spotify, YouTube, Streaming Services Are Killing Digital Downloads | TIME.com

Since the iTunes Store launched in 2003, digital music sales have been viewed as the music industry’s saving grace in the face of declining physical album sales and rampant online piracy.

“What we were thinking about was having full track download sales somehow replace the lost revenues from the rapid decline of physical [sales],” says Larry Miller, a music business professor at New York University’s Steinhardt School of Culture, Education and Human Development. “What wasn’t so widely anticipated five or six years ago was that full-track download sales would begin to decline as rapidly as they have this year, especially given how nascent the streaming services still are.”

READ THE FULL STORY AT TIME:
http://business.time.com/2014/01/03/spotify-and-youtube-are-just-killing-digital-music-sales/?iid=biz-article-mostpop1

RELATED:

Music Streaming Math, Can It All Add Up?

No, Streaming is not more profitable than Transactional Sales… Not Today, Maybe Not Ever…

60 Minutes Reports on Kim Dotcom…

By selling advertisements and premium subscriptions, Megaupload brought in an estimated $175 million. It became one of the most frequented sites on the Internet. How did it get so popular and profitable? According to federal authorities, by also allowing users to illegally share the hottest new movies, or hit songs, or TV programs, including some CBS shows.

Shawn Henry: Megaupload knowingly created and facilitated the distribution of stolen property.

Shawn Henry is former executive assistant director of the FBI. He was responsible for the Megaupload investigation.

Shawn Henry: No different than if somebody has a warehouse where stolen property is being dropped off. If you created the environment that facilitated it, and you encouraged it, and you incentivized people by paying them to drop off stolen property, I think that you are complicit.

In its indictment, the Justice Department calls Megaupload a “Mega Conspiracy”… a “worldwide criminal organization whose members engaged in criminal copyright infringement and money laundering on a massive scale…”

WATCH THE EPISODE HERE AT CBS NEWS:
http://www.cbsnews.com/news/kim-dotcom-60-minutes/

RELATED:

The case against Kim Dotcom, finally revealed

Kim Dotcom Parody Video Appears on YouTube

Pussy Riot to finally walk free this week | Salon

A report from the Guardian suggests the imprisoned activists could be home as early as Thursday

Nadezhda Tolokonnikova and Maria Alyokhina, the two incarcerated members of Pussy Riot, will be released from prison this week, potentially as early as Thursday, according to a report from the Guardian.

The Russian parliament voted Wednesday to approve an amnesty law that would grant reprieve to first-time offenders, minors and women with young children. The deal still must be signed by President Vladimir Putin, which is expected to happen this week.

READ THE FULL STORY AT SALON:
http://www.salon.com/2013/12/18/pussy_riot_to_finally_walk_free_this_week/

GoldieBlox Dismisses Case Against Universal, Warms to Task of Destroying Artists

If you don’t think Google is aggressively anti-artists… read this.

Music Technology Policy

By Chris Castle

Now that those pesky Orrick lawyers have been replaced by Google darlings Durie Tangri in the GoldieBlox case regarding the use of Beastie Boys in a YouTube viral commercial for GoldieBlox, a new strategy may be emerging.    According to a court filing, Durie Tangri is now in the driver’s seat and have voluntarily dismissed the corporations to get the case down to suing the people they really seem to specialize in litigating against: artists.  (Read a good synopsis of the case in Spin (“Shady Toymaker Attempts to Run and Hide from Beastie Boys Lawsuit“) or Vulture (“Ask A Lawyer: GoldieBlox v. Beastie Boys“).

Yes, GoldieBlox–that gutty little startup with big time legal representation–unilaterally dismissed their claims against Island Def Jam, Sony/ATV and Universal Music Publishing.  Yes, get the deep pockets out of there and quickly before they answer the strange declaratory…

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