Copyright Erosion: How DMCA Misuse Became A Multimillion Dollar Shakedown

Essential Reading for All Musicians and Creators.

Music Technology Policy

I participated on a panel at the 2013 USC Institute on Entertainment Law and Business on October 5 in Los Angeles.  The topic was the erosion of copyright, not just through a lack of enforcement, but through permissive misinterpretation of the intentions of Congress.

My presentation was based on the briefing on brand sponsored piracy that I gave to the National Association of Attorneys General earlier this year (which you can see here).  A caveat–while I discuss only Google here, these problems are not limited to Google alone.  However, since Google is a monopolist in both search and online advertising, the difference between what Google does and others do while measurable is unlikely to be statistically significant.

The argument is that due to an extraordinarily distorted interpretation of the “safe harbors” created with the best of intentions by the Congress in 1998 (the so-called “DMCA notice and takedown”), the…

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Grand Theft Auto V : How Profits Soar when Piracy Is Managed.

Both the PS3 and the XBOX 360 have anti-piracy and digital rights management mechanisms in place that lock out users who are detected to have loaded cracked or unauthorized versions of the games.

It’s no wonder then that Grand Theft Auto 5 is the fastest selling entertainment product to reach one billion dollars in gross revenue. In just three days the game that took over $250 million dollars and years to produce had set a new record.

This is what we should all be looking at. This is the kind of wild imagination, innovation and investment that is possible when piracy is managed into acceptable levels. Of course we know there may be people who find functional work-a-rounds, but they are largely the exception, not the rule, and the numbers pretty much prove it.

What is interesting about the release of GTA V is that it looks more like the release of an iphone than a new album or movie. In other words, it is a digital entertainment release with the same potential of sales as a piece of hardware (or pre-internet piracy entertainment products).

This alone illustrates the possibilities for the size and scope of the digital entertainment market with adequate (not perfect) anti-piracy measures in place. You’ll also note that the #2 and #3 fastest selling products are also console video games which employ the same anti-piracy mechanisms.

With an estimated production/marketing budget of $265 million, GTA V is not only the most expensive video game of all time, but also more expensive than most of today’s Hollywood blockbusters. Considering this, it seems only fair to compare GTA’s commercial success to that of Hollywood movies.

READ THE FULL STORY AT STATISTICA:
http://www.statista.com/topics/868/video-games/chart/1501/most-successful-entertainment-products/

David Lowery in The New York Times | Defining and Demanding a Musician’s Fair Shake in the Internet Age

The New York Times business reporter Ben Sisario profiles David Lowery on the artists rights in the Copyfight. Maybe advocacy is the new radio?

The issue has become hot as technology companies like Pandora and Google have replaced major record labels as the villains of choice for industry critics. Recently, Thom Yorke of Radiohead caused a stir by removing some of his music from Spotify and saying that the service would hurt new artists.

To his detractors, Mr. Lowery is a divisive ranter who pines for a lost, pre-Internet economy. But his knowledge of legal and technological minutiae — he is a lecturer at the University of Georgia’s music business program — make his arguments hard to dismiss.

“He’s telling his personal story and standing up to the big corporations who claim to support songwriters, even as they work to undermine our rights behind the scenes,” said Paul Williams, the songwriter and president of Ascap. “He hasn’t flinched, and I think that’s given courage to other artists.”

READ THE FULL STORY HERE AT THE NEW YORK TIMES:
http://www.nytimes.com/2013/10/01/business/media/defining-and-demanding-a-musicians-fair-shake-in-the-internet-age.html?_r=0

Record Labels Invest $4.5 Billion Annually In Artists… Pirates, $0… Any Questions?

So record labels invest in the careers of artists about $4.5 Billion annually in A&R and Marketing. Meanwhile, there are 200,000 infringing sites exploiting artists work and paying them nothing that we can see from the looks of the Google transparency report.

To be precise at the time of the writing of this post there are 281,340 infringing sites on the report with the #1 offender having received over 7.5 Million DMCA takedown notices! Seriously, 7.5 Million… and Google can’t determine that this is a site “dedicated or primarily used for infringement.” Wow.

FIRST DISCLAIMER:

Now look, we don’t always like record labels, but when we do, it’s because they are actually paying artists and investing capital into developing careers (hello Trent Reznor returning to a major label). Ninety percent of new releases financed by labels don’t recoup or break even, but the bands still gain the marketing and PR benefit from the labels investment after the deal ends (hello Thom Yorke and Radiohead).

SECOND DISCLAIMER:

Any wrong doing should be unacceptable. We’ve heard far to many stories of artists being exploited by record labels, publishers, managers, booking agents, concert promoters and a wide range of those offering services from radio promotion to independent PR and marketing. If anything, the internet has added to this list a whole new group of opportunists including the ad tech industry, pirate sites, cyber lockers and more.

So yes, any wrong doing against artists and creators should be unacceptable, even if it happens online.

So here’s some quick notes from the report published by the IFPI:

* Record companies’ total investment in A&R and marketing tops US$4.5 billion annually according to IFPI’s Investing in Music report

* Labels have maintained A&R spending at US$2.7 billion, representing 16 per cent of global recorded music revenues, despite the economic recession

* US$1 million to break a new artist in major markets

* More than 70 per cent of unsigned artists would like a recording contract according to two new surveys

Record companies remain the primary investors in artists, maintaining A&R spend despite declining overall revenues in recent years. Labels spent US$2.7 billion in 2011, only marginally down on 2008 (US$2.8 billion), despite an overall decline of 16 per cent in the trade value of the industry globally over the same period. Revenues invested in A&R increased from 15 to 16 per cent of industry turnover between 2008 and 2011.

Music companies invest a greater proportion of their global revenues in A&R than most other sectors do in research and development (R&D). Comparisons show music industry investment exceeding that of industries including software and computing (9.6%) and the pharmaceutical and biotech sector (15.3%). The comparisons are based on the European Commission’s 2011 EU Industrial R&D Investment Scoreboard.

Two new surveys, conducted in the UK and Germany in 2012, show more than 70 per cent of unsigned acts want a record deal, with marketing leading the perceived benefits of record company support.

Ok, then you have this… those who pay nothing, invest nothing, and pocket everything for themselves… this is the future you want? When artists complain about tiny payments from Spotify it’s important to note the reason why they can get away with paying so little, is because of all of those who pay nothing at all.

200kinfringingsitesAnd most of this is financed by Fortune 500 Companies flowing money through online ad networks like Google and others. The situation has even gained the attention of The White House, although we’ll see what good it does.

So if you want to get paid, focus on removing the bad actors from the marketplace and restoring fairness. Our hope has always been that the internet would in fact create a new middle class of professional musicians, by the means of their own choice. Unfortunately what we’ve seen is just more exploitation.

Music Piracy – An Artist’s Opinion | Sara Tiemogo

Music piracy is stealing. And it does hurt the musician. Over the past decade, we have gradually shifted from physical distribution to digital distribution with the advancement of mp3 players, specifically the advancements of Apple and it’s “iProducts”. Digital distribution now accounts for more than 52% of the music industry in the US.

But there was a time during the shift when people had difficulty placing “value” on a digital product, with tangible products being of more value. This is what led people to believe that they aren’t really “stealing”, because a file can be duplicated an infinite number of times and not “cost” the musician anything. But it does cost us.

READ THE FULL POST HERE:
http://saratiemogo.com/blog/music-piracy-an-artists-opinion/

Getting the Government Out of Songwriting: Voluntary Licenses Should Replace Consent Decrees or Compulsory Licenses

This is an absolute MUST READ for all songwriters.

Music Technology Policy

[Editor Charlie sez, this article originally appeared in the Huffington Post.]

Chairman Bob Goodlatte (R-VA) is holding a useful series of thought provoking hearings before the House Subcommittee on Courts, Intellectual Property and the Internet reviewing the current state of the U.S. Copyright Act. The most recent hearing in this series was on September 18, entitled “The Role of Voluntary Agreements in the U.S. Intellectual Property System“.

This is a very important subject to songwriters. It is not widely known that songwriters are highly regulated by the government through two primary mechanisms — the ASCAP and BMI consent decrees dating from the middle of the last century and the compulsory mechanical license dating from 1909. The Congress should consider abandoning both in favor of voluntary licenses.

Terminate the ASCAP and BMI Consent Decrees

ASCAP and BMI each grant blanket licenses for the exclusive right to publicly perform…

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Kim Dotcom slammed as ‘chubby Che Guevara’ at music body the BPI’s annual general meeting | The Gaurdian UK

We’ve recently posted about the number of artists speaking out about being exploited by internet corporations. Here are some recent rumblings from across the pond…

Former Longpigs star and current co-CEO of Featured Artists Coalition Crispin Hunt calls for labels to reveal Megaupload mogul ‘as the self-interested privateer that he is’

“No artist with anything worth saying wants to live in a medieval world of cottage industry that Kim Dotcom and co prescribe, retraining as a plumber in the day and making bedroom albums, uploaded to an ocean of mediocrity along with the 10,000 other works of genius uploaded to SoundCloud every day, eking a living from selling CDs and t-shirts at poorly-attended gigs, peopled by an audience of well-wishing friends, who all crowdfunded their mates’ albums, exhausted at the choice of 30 gigs a night to see in Norwich alone, and bored by the endless tours of ageing dads on stage who would much rather be settled down watching Later with the kids than donning Paul Weller-style Indie Man Hair and flogging around the toilets of Britain in a splitter, whilst some kid rips the life-work of their youth from HulkShare because he wants to spend his money on Gran Turismo 25.”

READ THE FULL STORY AT THE GUARDIAN UK:
http://www.theguardian.com/technology/2013/sep/04/kim-dotcom-crispin-hunt-piracy-bpi

If YouTube is the New College Radio, Can YouTube Keep the Hate Group Playlists?

Music Technology Policy

Google is making a big push to get colleges and universities to take their various Google Apps for Education

For “free”, of course.  And we all know who the product is on a “free” Google app, right?

The product is you.

These education apps appear to link the user to Google’s entire suite of products, including YouTube.  And of course as soon as you leave the education environment and go to say YouTube, what happens to the privacy policy and terms of use?  It grows up to the same privacy policy that applies to everyone inside or outside of the Education environment.  And in the case of Google’s case study clients, the New York State K-12 Schools, the Maine Township High School District and the Edmonton Public Schools (in Edmonton, Canada), that includes grades K-12, not just college-age adults.

 

And there’s the real story behind the “free” education…

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