I believe Americans should have the ability to defend their human data, and their rights to that data, against the largest copyright theft in the history of the world.
Millions of Americans have spent the past two decades speaking and engaging online. Many of you here today have online profiles and writings and creative productions that you care deeply about. And rightly so. It’s your work. It’s you.
What if I told you that AI models have already been trained on enough copyrighted works to fill the Library of Congress 22 times over? For me, that makes it very simple: We need a legal mechanism that allows Americans to freely defend those creations. I say let’s empower human beings by protecting the very human data they create. Assign property rights to specific forms of data, create legal liability for the companies who use that data and, finally, fully repeal Section 230. Open the courtroom doors. Let the people sue those who take their rights, including those who do it using AI.
Third, we must add sensible guardrails to the emergent AI economy and hold concentrated economic power to account. These giant companies have made no secret of their ambitions to radically reshape our economic life. So, we ought to require transparency and reporting each time they replace a working man with a machine.
And the government should inspect all of these frontier AI systems, so we can better understand what the tech titans plan to build and deploy.
Ultimately, when it comes to guardrails, protecting our children should be our lodestar. You may have seen recently how Meta green-lit its own chatbots to have sensual conversations with children—yes, you heard me right. Meta’s own internal documents permitted lurid conversations that no parent would ever contemplate. And most tragically, ChatGPT recently encouraged a troubled teenager to commit suicide—even providing detailed instructions on how to do it.
We absolutely must require and enforce rigorous technical standards to bar inappropriate or harmful interactions with minors. And we should think seriously about age verification for chatbots and agents. We don’t let kids drive or drink or do a thousand other harmful things. The same standards should apply to AI.
Fourth and finally, while Congress gets its act together to do all of this, we can’t kneecap our state governments from moving first. Some of you may have seen that there was a major effort in Congress to ban states from regulating AI for 10 years—and a whole decade is an eternity when it comes to AI development and deployment. This terrible policy was nearly adopted in the reconciliation bill this summer, and it could have thrown out strong anti-porn and child online safety laws, to name a few. Think about that: conservatives out to destroy the very concept of federalism that they cherish … all in the name of Big Tech. Well, we killed it on the Senate floor. And we ought to make sure that bad idea stays dead.
We’ve faced technological disruption before—and we’ve acted to make technology serve us, the people. Powered flight changed travel forever, but you can’t land a plane on your driveway. Splitting the atom fundamentally changed our view of physics, but nobody expects to run a personal reactor in their basement. The internet completely recast communication and media, but YouTube will still take down your video if you violate a copyright. By the same token, we can—and we should—demand that AI empower Americans, not destroy their rights . . . or their jobs . . . or their lives.
Category: artist rights
@johnpgatta Interviews @davidclowery in Jambands
David Lowery sits down with John Patrick Gatta at Jambands for a wide-ranging conversation that threads 40 years of Camper Van Beethoven and Cracker through the stories behind David’s 3 disc release Fathers, Sons and Brothers and how artists survive the modern music economy. Songwriter rights, road-tested bands, or why records still matter. Read it here.
David Lowery toured this year with a mix of shows celebrating the 40th anniversary of Camper Van Beethoven’s debut, Telephone Free Landslide Victory, duo and band gigs with Cracker, as well as solo dates promoting his recently-released Fathers, Sons and Brothers.
Fathers, the 28-track musical memoir of Lowery’s personal life explored childhood memories, drugs at Disneyland and broken relationships. Of course, it tackles his lengthy career as an indie and major label artist who catalog highlights include the alt-rock classic “Take the Skinheads Bowling” and commercial breakthrough of “Teen Angst” and “Low.” The album works as a selection of songs that encapsulate much of his musical history— folk, country and rock—as well as an illuminating narrative that relates the ups, downs, tenacity, reflection and resolve of more than four decades as a musician.
9/18/25: Save the Date! @ArtistRights Institute and American University Kogod School to host Artist Rights Roundtable on AI and Copyright Sept. 18 in Washington, DC
🎙️ Artist Rights Roundtable on AI and Copyright: Coffee with Humans and the Machines
📍 Butler Board Room, Bender Arena, American University, 4400 Massachusetts Ave NW, Washington D.C. 20016 | 🗓️ September 18, 2025 | 🕗 8:00 a.m. – 12:00 noon
Hosted by the Artist Rights Institute & American University’s Kogod School of Business, Entertainment Business Program
🔹 Overview:
Join the Artist Rights Institute (ARI) and Kogod’s Entertainment Business Program for a timely morning roundtable on AI and copyright from the artist’s perspective. We’ll explore how emerging artificial intelligence technologies challenge authorship, licensing, and the creative economy — and what courts, lawmakers, and creators are doing in response.
☕ Coffee served starting at 8:00 a.m.
🧠 Program begins at 8:50 a.m.
🕛 Concludes by 12:00 noon — you’ll be free to have lunch with your clone.
🗂️ Program:
8:00–8:50 a.m. – Registration and Coffee
8:50–9:00 a.m. – Introductory Remarks by Dean David Marchick and ARI Director Chris Castle
9:00–10:00 a.m. – Topic 1: AI Provenance Is the Cornerstone of Legitimate AI Licensing:
Speakers:
Dr. Moiya McTier Human Artistry Campaign
Ryan Lehnning, Assistant General Counsel, International at SoundExchange
The Chatbot
Moderator Chris Castle, Artist Rights Institute
10:10–10:30 a.m. – Briefing: Current AI Litigation, Kevin Madigan, Senior Vice President, Policy and Government Affairs, Copyright Alliance
10:30–11:30 a.m. – Topic 2: Ask the AI: Can Integrity and Innovation Survive Without Artist Consent?
Speakers:
Erin McAnally, Executive Director, Songwriters of North America
Dr. Richard James Burgess, CEO A2IM
Dr. David C. Lowery, Terry College of Business, University of Georgia.
Moderator: Linda Bloss Baum, Director Business and Entertainment Program, Kogod School of Business
11:40–12:00 p.m. – Briefing: US and International AI Legislation
🎟️ Admission:
Free and open to the public. Registration required at Eventbrite. Seating is limited.
🔗 Stay Updated:
Watch Eventbrite, this space and visit ArtistRightsInstitute.org for updates and speaker announcements.
хулиган: Love to Anastasia Dyudyaeva and Alexander Dotsenko

In July 2024, a military court in Saint Petersburg convicted Russian artists Anastasia Dyudyaeva and her husband Alexander Dotsenko on charges of “public calls for terrorism” after they placed anti-war messages—some in Ukrainian, one reading “Putin to the gallows”—on napkins or postcards in a Lenta supermarket. Dyudyaeva received a 3½-year sentence; Dotsenko, three years. They denied wrongdoing, asserting their creative expression was mischaracterized. Their home, which had hosted anti-war exhibitions, was searched, and they were added to Russia’s registry of “terrorists and extremists.”
@ArtistRights Newsletter 8/18/25: From Jimmy Lai’s show trial in Hong Kong to the redesignation fight over the Mechanical Licensing Collective, this week’s stories spotlight artist rights, ticketing reform, AI scraping, and SoundExchange’s battle with SiriusXM.
Save the Date! September 18 Artist Rights Roundtable in Washington produced by Artist Rights Institute/American University Kogod Business & Entertainment Program. Details at this link!
Artist Rights
JIMMY LAI’S ORDEAL: A SHOW TRIAL THAT SHOULD SHAME THE WORLD (MusicTechPolicy/Chris Castle)
Redesignation of the Mechanical Licensing Collective
Ex Parte Review of the MLC by the Digital Licensee Coordinator
Ticketing
StubHub Updates IPO Filing Showing Growing Losses Despite Revenue Gain (MusicBusinessWorldwide/Mandy Dalugdug)
Lewis Capaldi Concert Becomes Latest Ground Zero for Ticket Scalpers (Digital Music News/Ashley King)
Who’s Really Fighting for Fans? Chris Castle’s Comment in the DOJ/FTC Ticketing Consultation (Artist Rights Watch)
Artificial Intelligence
MUSIC PUBLISHERS ALLEGE ANTHROPIC USED BITTORRENT TO PIRATE COPYRIGHTED LYRICS(MusicBusinessWorldwide/Daniel Tencer)
AI Weather Image Piracy Puts Storm Chasers, All Americans at Risk (Washington Times/Brandon Clemen)
TikTok After Xi’s Qiushi Article: Why China’s Security Laws Are the Whole Ballgame (MusicTechSolutions/Chris Castle)
Reddit Will Block the Internet Archive (to stop AI scraping) (The Verge/Jay Peters)
SHILLING LIKE IT’S 1999: ARS, ANTHROPIC, AND THE INTERNET OF OTHER PEOPLE’S THINGS(MusicTechPolicy/Chris Castle)
SoundExchange v. SiriusXM
SOUNDEXCHANGE SLAMS JUDGE’S RULING IN SIRIUSXM CASE AS ‘ENTIRELY WRONG ON THE LAW’(MusicBusinessWorldwide/Mandy Dalugdug)
PINKERTONS REDUX: ANTI-LABOR NEW YORK COURT ATTEMPTS TO CUT OFF LITIGATION BY SOUNDEXCHANGE AGAINST SIRIUS/PANDORA (MusicTechPolicy/Chris Castle)
@ArtistRights Newsletter 8/11/25: @DavidCLowery on Streaming, SX v. Sirius, AI the Cult and “Dual Use AI” Culture is Upstream of War

Save the Date! September 18 Artist Rights Roundtable in Washington produced by Artist Rights Institute/American University Kogod Business & Entertainment Program. Details at this link!

Save the Date! September 18 Artist Rights Roundtable in Washington produced by Artist Rights Institute/American University Kogod Business & Entertainment Program. Details at this link!
Streaming Economics
@nickgillespie and @davidclowery: Streaming is a Regulated Monopoly (Reason Magazine/Nick Gillespie)
Spotify’s Royalty Threshold Is Conscious Parallelism Reshaping the Music Business—But Not in a Good Way (The Trichordist/Chris Castle)
SoundExchange v. SiriusXM
Copyright Terminations Vetter v. Resnik
Controversial ruling on US termination right fulfills the intention of Congress, say creators (Complete Music Update/Chris Cooke)
Cult of the AI Singularity
AI Frontier Labs and the Singularity as a Modern Prophetic Cult (MusicTech.Solutions/Chris Castle)
Dual Use AI
America Isn’t Ready for the Wars of the Future (Foreign Affairs/GEN Mark Milley and Eric Schmidt)
Spotify CEO Daniel Ek Named Chairman of Military AI Firm Following €600M Investment (Playy Magazine)
Eric Schmidt Is Building the Perfect AI War-Fighting Machine (Wired/Will Knight)
Souls for Sale: The Long Con Behind AI Weapons and Cultural Complicity (MusicTechPolicy/Chris Castle)
Eric Schmidt-led panel pushing for new defense experimentation unit to drive military adoption of generative AI(Defense Scoop/Brandi Vincent)
The Lords of War: Daniel Ek, Eric Schmidt and the Militarization of Tech (MusicTechPolicy/Chris Castle)
Who’s Really Fighting for Fans? Georgia Music Partners Comment in the DOJ/FTC Ticketing Consultation
The Department of Justice and Federal Trade Commission were directed by President Trump to conduct an investigation into ticket scalping pursuant to Executive Order 14254 “Combating Unfair Practices in the Live Entertainment Market.”
This led directly to both agencies inviting public comments on the state of the live event ticketing market—an industry riddled with speculation, opacity, and middlemen who seem to make money without ever attending a show. Over 4000 artists, fans, economists, state attorneys general, and industry veterans all weighed in. And the record reveals something important particularly regarding resellers: there’s a rising consensus that the resellers are engaged in some really shady practices designed for one purpose–to extract as much money as possible from fans and artists without regard to the damage it does to the entire artist-fan relationship.
Today we’re posting Georgia Music Partners’ comment that highlights how unchecked secondary ticketing practices—particularly speculative ticket listings, bot-driven price inflation, deceptive branding, and the resale of restricted tickets—are systematically dismantling the live music ecosystem. These practices strip artists of control, mislead fans, and commoditize the artist-fan relationship for the sole benefit of resellers. The comment urges the DOJ and FTC to treat these behaviors as unfair and deceptive trade practices, enforce the BOTS Act, and distinguish reseller abuse from the separate issues posed by Live Nation case, emphasizing that the artist’s intent and trust with fans must be protected.
FTC Cracks Down on Ticket Scalpers in Major BOTS Act Enforcement
The wheels of justice turn slowly, but they do turn.
In what appears to be a response to NITO’s complaint filed last year with FTC, pressure from Senator Marsha Blackburn and President Trump’s executive order on ticket scalping, Hypebot reports that the Federal Trade Commission is going after large-scale ticket resellers for violating the Better Online Ticket Sales (BOTS) Act (authored by Senators Blackburn and Richard Blumenthal).
The enforcement action seeks tens of millions of dollars in damages and signals that federal regulators are finally prepared to tackle the systemic abuse of automated tools and deceptive practices in the live event ticketing market.
According to Hypebot, the FTC alleges that the companies used bots and a web of pseudonymous accounts to bypass ticket purchasing limits—snagging prime seats to high-demand concerts and reselling them at inflated prices on platforms like StubHub and SeatGeek. The case represents one of the largest BOTS Act enforcement efforts to date.
“The FTC is finally doing what artists, managers, and fans have been asking for: holding scalpers accountable,” said Randy Nichols, artist manager for Underoath and advocate for ticketing reform. “This sends a message to bad actors that the days of unchecked resale are numbered.”
As Hypebot reports, this enforcement may just be the beginning. The case is likely to test the limits of the BOTS Act and could set new precedent for what counts as deceptive or unfair conduct in the ticket resale market—even when bots aren’t directly involved.
Read the full story via Hypebot: FTC Goes After Ticket Scalpers, Seeks Tens of Millions in Damages
United for Artists’ Rights: Amicus Briefs Filed in Vetter v. Resnik Support Global Copyright Termination for Songwriters and Authors: Brief by the National Society of Entertainment & Arts Lawyers
In Vetter v. Resnik, songwriter Cyril Vetter won his trial case in Baton Rouge allowing him to recover worldwide rights in his song “Double Shot of My Baby’s Love” after serving his 35 year termination notice on his former publisher, Resnik Music Group. The publisher appealed. The Fifth Circuit Court of Appeals will hear the case and currently is weighing whether U.S. copyright termination rights include “foreign” territories—a question that strikes at the heart of artists’ ability to reclaim their work worldwide (whatever “foreign” means).
Cyril’s attorney Tim Kappel explains the case if you need an explainer:
An astonishing number of friend of the court briefs were filed by many songwriter groups. We’re going to post them all and today’s brief is by the National Society of Arts & Entertainment Lawyers. The brief argues that the Copyright Act’s plain text and legislative history support a unified, comprehensive termination right that revokes all rights granted in a prior transfer, regardless of geographic scope. It rejects the notion of a “multiverse” of national copyrights, citing international treaties like the Berne Convention and longstanding U.S. policy favoring artist protection. Limiting terminations to U.S. territory, the brief warns, would gut the statute’s purpose, harm artists, and impose impossible burdens on creators seeking to reclaim their rights.
We believe the answer on appeal must be yes–affirm the District Court’s well-reasoned decision. Congress gave creators and their heirs the right a “second bite at the apple” to regain control of their work after decades, and that promise means little if global rights are excluded. The outcome of this case could either reaffirm that promise—or open the door for multinational publishers to sidestep it entirely.
That’s why we’re sharing friend of the court briefs from across the creative communities. Each one brings a different perspective—but all defend the principle that artists deserve a real, global right to take back what’s theirs, because as Chris said, Congress did not give authors a second bite at half the apple.
Read the brief below, watch this space for case updates.
Spotify’s Paradox: An Algorithm Can Spot Breakout Artists… But Doesn’t Pay Them

Spotify has long claimed its algorithms can spot breakout tracks and rising artists long before traditional gatekeepers notice. From Discover Weekly to Release Radar, the service positions itself as more than a music service — it’s an engine for musical discovery. You know…exposure.
In interviews, press releases, and annual shareholder letters, Daniel Ek the former pirate and future defense contractor and Spotify have boasted that their data can pinpoint the ‘next big thing,’ making Spotify the best place for discovering and nurturing new talent. They raise money on the issue and their market cap is $150.983B today. So they’re sharing the gold with the artists that they extract value from, yes?
The New Threshold Policy
Well, no. Spotify now imposes a threshold: tracks must reach roughly 1,000 streams per year to qualify for recorded music royalties. But understand this–while they don’t pay on those 1,000 streams, they do collect listener data on them and that powers their algorithm. You know, the algorithm they brag on can spot talent, kid. Because those first 1,000 streams are whatchamacallit…free goods. Or is it breakage? Or maybe a kind of packaging deduction?
Under this no-pay-but-track model, Spotify can recognize early listener activity and harness it for its personalized playlists and marketing efforts — yet it doesn’t pay artists for those early plays until the artist meets an arbitrary 1,000 stream threshold. And realize this–an artist could have 100 tracks with 1 million streams each and 100 tracks with less than 1,000, and they won’t get paid on the less streamed tracks. So the pitch here is the track not the artist, yet another contradiction from the Spotify pitch deck.
The Conflict
This creates a troubling tension:
For Spotify: The first few hundred plays are enough for its algorithm to assess the track, recommend it to listeners, and monetize engagement. And brag on it to investors.
For Artists: Those same early plays don’t count toward royalties. The track can gain exposure across the platform, but the artist sees no income until the threshold is crossed.

What It Means
Aside from they’re scumbags? Well, if Spotify can spot a breakout track when it has only a few hundred plays, why can’t it pay for those plays? Its data and recommendations benefit Spotify — obviously, they brag on it. The free goods data makes the service more attractive, bolstering its story to investors, and enriching its user experience — long before it benefits the artist making the records. (To add insult to injury, they do have to pay the songwriters under the benighted compulsory license which they no doubt are going to try to ditch in the next CRB.)
This paradox exposes a deeper tension in the streaming model: platforms excel at extracting value from listener data but adopt a policy to let them grab that data long before it translates into royalties for creators. Talk about data is the new oil.
This paradox shines a light on how platforms monetize listener data early — and benefit from it — while delaying or denying payments for those same streams. What Spotify promotes as ‘discovery’ often operates as monetization for the platform, leaving the artist with nothing until an arbitrary threshold is crossed. The same is likely true of all the platforms that adopt Spotify’s freebie threshold model in what the antitrust lawyers call conscious parallelism, looking at you Amazon and Deezer.
What is to be Done?
If Spotify truly champions discovery, it should champion fair compensation from the first stream. The ability to spot breakout tracks early must be matched by a commitment to pay for them.
It’s time for a more transparent and equitable approach — one that recognizes the value of every stream and every listener, regardless of its place in the self licking ice cream cone.

This post first appeared on MusicTech.Solutions

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