§ 8(a)The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property.

The federal government through the combination of “temporary” 70 year old consent decrees and compulsory licenses has drastically limited songwriters rights and effectively collectivized all songs.  A few songwriters until recently had managed to escape these overbearing limitations on rights by joining PROs other than BMI and ASCAP.  But last week a former Google lawyer at the DOJ anti-trust division against the recommendation of the US Copyright Office rammed through a 100% licensing rule that effectively brings the last of the “free” songwriters under the consent decree.

There was no due process.

There were no new laws passed.

The last free songwriters did not consent to having their constitutional rights limited.

This was done apparently at the whim of a single unelected federal bureaucrat.   All songwriters are now subject to the consent decrees.  This is effectively a bill of attainder against all songwriters.   These kinds of governmental actions upset our founding fathers greatly.  For this reason they expressly forbid the practice under  Article One Section 9 of the US Constitution.

Are songwriters some sort of existential threat to our way of life here in the US?   Doesn’t it seems like the Department of Justice has more important things to do? Surely making it cheap and easy for a few politically connected corporations to license music should not be at the top of the list.

++++++++++++++++++++++++++++++++++++++++++++++++++

As a result of this action the  federal government now effectively fixes prices and compels ALL songwriters to license for the following uses:

AM/FM Radio

Television Broadcast

Public Radio

Public Television

Satellite Radio

Cable TV

Digital Music Channels

Websites

Non-Interactive Streaming (ex Pandora etc)

Interactive Streaming (ex Spotify)

YouTube/Online Video

Netflix, HBOGO etc

Digital Downloads (Google Play, iTunes Store)

CDs

Vinyl

Cassettes

Cover songs

Ringtones

Ringbacks

Mastertones

Public performance in venues

Karaoke

Music in stores and restaurants

Stadiums

Sporting Events

Jukeboxes

Music onboard commercial aircraft

etc etc

The only significant free market exception left:

Songwriters are still free to name their price for the initial “sync” fee for use of a song in TV, film or commercial.  But all subsequent royalties from broadcast are set by feds.   Not surprisingly songwriters are paid reasonably well for “sync” uses.

 

ASCAP’s CEO tells songwriters that ASCAP strongly disagrees with the new government rule that forces PROs to adopt 100% licensing. None of the parties to the decrees raised the issue. “We believe that this approach will only create confusion, chaos and instability, harming both music creators and users. Even more troubling is the fact that the government chose this path, despite the fact that more than 15,000 songwriters and composers, as well as the US Copyright Office, members of Congress and others in the industry, registered their strong opposition to 100% licensing with the DOJ.”

via ASCAP CEO Beth Matthews Responds to the Recent Proposal from the US Department of Justice — Artist Rights Watch

The head of the DOJ Antitrust Division is a former Google lawyer–so DOJ ruling against songwriters on 100% licensing to Google’s benefit should come as no surprise.

via Billboard: Google’s Justice Department out to Destroy PROs — Artist Rights Watch

Whether you are shouting “tax the rich” into a megaphone or urging mass copyright infringement against he MLK estate it’s still important to wear your pearls!  

“Progressive” Zephyr Teachout the democratic primary victor in NY-19 Congressional district is director of an organization that urged and continues to urge mass copyright infringement directed at the MLK estate.  Only in a 90% white district in upstate NY could someone like this be considered a “progressive.”

We have been covering this story here at the Trichordist for over a month.   We have tweeted her links.  We have emailed the Zephyr Teachout campaign.   Other organizations including the local American Federation of Musicians have tried to get her to respond on this and other copyright issues.  No response.

As of 11:04 pm  June 28th the webpage urging mass copyright infringement is still live.  We can only conclude that Teachout has “dug in” and she sees nothing wrong with this.  Really?  That’s where she’s gonna take a stand?   Is that what it means to be a progressive now days?  No thanks.

Zephyr TeachOut is not who she claims to be.  Don’t say we didn’t warn you. Read our comprehensive coverage of her long and sordid history with astroturf groups,SuperPACs  and self-serving copyright infringement here:

https://thetrichordist.com/2016/05/24/progressive-candidates-fail-artists-zephyr-teachout-ny-19-vs-woodstock-ny/

Teachout’s “Internet freedom day” website at 11:04pm EDT June 28th.  Worlds first civil disobedience campaign against a civil rights icon! Still live. Now that’s what I call Progressive!

You think Brexit was stupid? New York -19 Dems show the Brits how it’s done with a Zephyxit!

This is the “About Us” page when we started writing about Teachout.

In the last few days the page has been changed to this.  Hey kids it’s a game of “where in the world is Zephyr Teachout?”

Oh here she is!  Right here on their 2015 tax return!

 

 

 

 

 

 

 

Labels need to be coming to grips with a succession plan when YouTube negotiations fail to satisfy artist concerns–Apple and Spotify are logical choices.

by Chris Castle via The Great Artist Revolt: Are Apple Music and Spotify a Solution to a Post-YouTube Reality? — Music Tech Solutions

By The Time We Get To Woodstock….

This Tuesday, Zephyr Teachout, director of the anti-artist FFTF (Fight For The Future)’s 501c3, is running in the Democratic primary in NY’s 19th congressional district (Hudson Valley, including Woodstock)

Although Teachout  is running as a progressive, and is indeed progressive on many issues, the FFTF is about as regressive on artists rights/copyright as possible.

See:

http://m.registerstar.com/opinion/letters_to_the_editor/article_d6f609cc-34a4-11e6-927b-0bd4ad13e953.html?mode=jqm

https://thetrichordist.com/2016/05/24/progressive-candidates-fail-artists-zephyr-teachout-ny-19-vs-woodstock-ny/

https://thetrichordist.com/2016/04/02/fight-for-the-future-of-corporate-astroturf-ripping-off-creators/

After unsuccessfully trying to get Teachout to clarify  her relation to the anti-artist positions of FFTF,  NY based “Musicians Action group” [MA.g] activists sounded the alarm through a mass emailing to  Hudson Valley musicians:

“Many of us are democrats who share Teachout’s progressive views on many issues. But creators’ families are Working Families, too, and copyright is how we get paid.  So we’re asking Zephyr Teachout: Which Side Are You On?”. The email asked everyone  to send  Teachout 4 questions (see below).

According to MA.g spokesperson Marc Ribot, “the response from musicians/creators has been extremely positive.

Legendary Jazz drummer and Hudson Valley resident Jack DeJohnette copied us on the letter he and his wife Lydia sent Teachout, along with MA.g’s 4 questions.   We think Jack and Lydia’s eloquent letter speaks for MANY,  in Hudson Valley and beyond.”

Jack and Lydia DeJohnette Letter to Teachout

Dear Ms Teachout,

My wife and I have been following you since your run for governor with interest.  We are progressives and along with the rest of us are disturbed by a lot of what we perceive as self-serving politicians who seem to have forgotten who puts them in office and who they should be serving. 

You have impressed us on many issues, however, the attached letter speaks to issues that are directly impacting our lives as artists.

The Hudson Valley has according to Mike Hein,county executive,  the largest group of artists per capita in the USA living in it.  My wife and I have lived here over 40 years and raised our family here.  It disturbs me that someone who seems to be running in support of the people is not further tuned in to the needs of us artists, who ultimately might be your constituents.

Since downloads and YouTube started my  recorded music royalties have declined by over 90%, I am all over YouTube, everyone but me gets an income from this.

The internet has virtually destroyed my royalty income, from radio to illegal downloads.  I am not a famous rock star who can get heavy duty lawyers fighting for me.  I am a jazz musician, we have never been represented in the ‘big picture’, our sales are considered paltry by the industry. 

Technology is in advance of regulations, our only hope is that our politicians take up the cause for us and work to bring in legislation that protects us, we hope you will become that champion.  If you support us in this issue, we will consider supporting you further.  Please respond to the four questions posed in the attachment.

I am a senior now and at one time in the past I had expected to retire with some royalty income as a back up, unfortunately that is no longer. As the corporations behind the music industry are getting bigger and bigger.

We look forward to hearing from you,

Sincerely,

Jack & Lydia DeJohnette

Four Questions for Zephyr Teachout Candidate US House of Representatives Democratic Primary NY-19

1. Do you personally support the anti-artist, anti-copyright agenda of Fight For The Future, where you served as Director of the Education Fund? If so, please explain why you hold that position. If not, please explain how your views differ from the messages of that organization.

 

2. Do you recognize that mass, online copyright infringement causes direct harm to people like me? As my prospective representative, will you fight for my ability to support myself and my family with my creative work?

 

3. You’re running on a message that is very important to democrats – holding corporations accountable and getting big money out of politics.  Can you say without equivocation that Fight For The Future reflects these values?

 

4. Do you support Jerrold Nadler’s Fair Play Fair Pay bill, which would bring the US into conformity with the rest of the free industrialized world by paying artists for the commercial, terrestrial radio broadcast of their work (and put tens of millions in foreign royalties now being withheld due to the lack of US reciprocity into the pockets of US working artists)?

Right now I see no reason to think there is any likelihood that those trend lines will change direction for the frothy bubble in the markets that I think is a necessary condition for a Spotify IPO (or even a real unicorn like Uber). How long? Weeks and weeks for sure and probably months and months, well into 2017.

via Spotify IPO Watch: Brexit’s Bubble Bursting Bang — Artist Rights Watch

From the no-one-understands-your-tired-copyleft-bullshit-t-shirt dept

 

 

 

 

 

 

 

Labels made deals with @YouTube out of desperation. It’s pennies & whack-a-mole. How can labels renew YT deals with so much artist pressure? — Irving Azoff (@irvingazoff) June 22, 2016

Irving Azoff asks the right question of the labels that are in renegotiations with YouTube to extend their licenses:  Given the global unity against Google’s business practices, how can labels close new deals without using that negotiation to fix the DMCA abuse problems that everyone knows are unique to Google?

via Fixing the Legacy DMCA by Contract — MUSIC • TECHNOLOGY • POLICY

Congressman Jerry Nadler’s leadership and courage on behalf of American music makers is unmatched in Congress. He was the first member of Congress I was ever invited to meet with. He was the first Representative to stand with ‪#‎IRespectMusic‬. He’s co-authored (with Republican Rep. Marsha Blackburn) the ‪#‎FairPlayFairPayAct‬ to ensure that music makers get paid fairly for radio play.

via @theblakemorgan: Courage Deserves Support: Vote for Rep. Jerry Nadler on June 28 in NY-10 — Artist Rights Watch