Thank You Songwriters Of North America (SONA)
Thank You Songwriters Of North America (SONA)
You can’t make this up. Law 360 is reporting that the International Trade Commission (ITC) has been denied authority over digital goods.
The Federal Circuit said Thursday that it wouldn’t reconsider its decision that the International Trade Commission lacks the authority to block the import of digital files, drawing a lengthy dissent from one of its judges.
Keep in mind, the same people now opposed to the ITC having this authority are the same who argued in favor of the the ITC doing so as an alternative to SOPA called the Open Act.
When advocating for the OPEN Act as a good alternative to SOPA and the PROTECT IP Act, the bill’s sponsors touted the ITC as being a great venue for tackling the problems of foreign rogue sites. Among the claimed virtues were its vast experience, transparency, due process protection, consistency, and independence:
For well over 80 years, the independent International Trade Commission (ITC) has been the venue by which U.S. rightsholders have obtained relief from unfair imports, such as those that violate intellectual property rights. Under Section 337 of the Tariff Act of 1930 – which governs how the ITC investigates rightsholders’ request for relief – the agency already employs a transparent process that gives parties to the investigation, and third party interests, a chance to be heard. The ITC’s process and work is highly regarded as independent and free from political influence and the department already has a well recognized expertise in intellectual property and trade law that could be expanded to the import of digital goods.
The Commission already employs important safeguards to ensure that rightsholders do not abuse their right to request a Commission investigation and the Commission may self-initiate investigations. Keeping them in charge of determining whether unfair imports – like those that violate intellectual property rights – [sic] would ensure consistent enforcement of Intellectual Property rights and trade law.
Some of the groups now arguing that the ITC shouldn’t have jurisdiction over digital goods openly supported the OPEN Act. Back in late 2011, the EFF stated that it was “glad to learn that a bipartisan group of congressional representatives has come together to formulate a real alternative, called the OPEN Act.” The EFF liked the bill because the “ITC’s process . . . is transparent, quick, and effective” and “both parties would have the opportunity to participate and the record would be public.” It emphasized how the “process would include many important due process protections, such as effective notice to the site of the complaint and ensuing investigation.”
Google likewise thought that giving the ITC jurisdiction over digital goods was a great idea. In a letter posted to its blog in early 2012, Google claimed that “there are better ways to address piracy than to ask U.S. companies to censor the Internet,” and it explicitly stated that it “supports alternative approaches like the OPEN Act.” Google also signed onto a letter promoting the virtues of the ITC: “This approach targets foreign rogue sites without inflicting collateral damage on legitimate, law-abiding U.S. Internet companies by bringing well-established International trade remedies to bear on this problem.”
You can read the full post here (Strongly Recommended):
“After avoiding Spotify entirely and focusing the release on iTunes and a variety of physical formats, the band achieved a number one album in several countries. According to Billboard and its counting partner Nielsen Music, The 1975’s just-released album, I Like It When You Sleep, for You Are So Beautiful Yet So Unaware of It, sold 98,000 units in the US alone, a chart-topping tally.”
READ THE FULL STORY AT DIGITAL MUSIC NEWS:
Big Tech Has Become Way Too Powerful: Google Is Playing By the Rules They Make | Music Tech Policy
Big Tech Has Become Way Too Powerful | NY Times
Goodlatte & Conyers Announce Copyright Review Listening Tour | Judiciary.House.Gov
Weekly Copyright Issues Wrap Up – September 18, 2015 | Copyright Alliance
Anti-piracy battle unfolds in real time on Periscope, live-streaming apps | San Jose Mercury News
After years of delay, Mega founder Kim Dotcom faces extradition | CNBC
Lessig to NZ court: Dotcom charges would fail in the US | The Register UK
Why the ‘Dancing Baby’ copyright case is just hi-tech victim shaming | The Register UK
Ninth Circuit Gets Fair Use Wrong to the Detriment of Creators | CPIP.GMU.EDU
The DMCA, Fair Use and Dancing Babies | Plagiarism Today
Lenz Ruling Isn¹t Really About the Little Guy | The Illusion Of More
Why don¹t advertisers demand better from YouTube? | Vox Indie
Ad Block Apocalypse? Here’s How to Save the Web | Tom¹s Guide
* Funny how things become a crisis when it’s YOUR JOB “PageFair’s report estimates that blocked ads will result in $21.8 billion of lost revenue this year alone”
Will Ad Blocking Be Google’s Kryptonite? | Seeking Alpha
Publishers panic as Apple cleans their mobile platform from banner ad addiction. |AdLand
The Pirate Bay Blacklisted By 600 Advertising Companies | Torrent Freak
* “Pirate sites will almost certainly be able to find advertisers willing to put hands in pockets but as times get tough, the quality of those ads is likely to deteriorate even further still. With that, user experience will also decline. Will pirates put up with the junk? Time will tell.²
ISPs don¹t have 1st Amendment right to edit Internet, FCC tells court | Ars Technica
Music copyright reform takes center stage in Nashville | The Tennesean
US Recording Academy launches major grassroots initiative | Music Week
* Fair Pay, Fair Play / Pre-72
For musicians it’s trickle down misery | AdLand
Digital song sales hit record low in the US | Music Week
Ellie Goulding: ŒOn My Mind¹ single withheld from YouTube and SoundCloud | Music Ally
YouTube Music Key starts charging subscriptionsŠ oh wait, no it doesn¹t | Music Business Worldwide
Meet the new Grooveshark aka ŒPopcorn Time for music¹ | Music Business Worldwide
95 Percent of Streaming Music Catalogs Are ‘Irrelevant’ to Consumers, Study | Digital Music News
* More music ³creation² does not equal more value for consumers.
Don’t Buy The Hype ‹ Airbnb And Uber Are Terrible For The Economy | Business Insider
Artists and Internet Stories from around the Web.
Why intellectual property rights matter | The Washington Times
* The Founders believed ownership of one’s labor is a natural right
What the Internet’s free culture has cost us in art | PBS Newshour
Film Producers Sue 16 Popcorn Time Users in Bid to Curb Piracy | PC Mag
The MovieTube Litigation Part I: Who Needs SOPA? | Law Theories
Hollywood, Silicon Valley Sharpen Their Swords in Piracy War | Variety
Amazon, Facebook and Google have the same secret | Salon
* Our modern tech monopolies made billions and transformed the economy in different ways, but this was the base
With advertising on WDBJ-TV murder clips, YouTube sinks to new low | Vox Indie
Transparency for Thee But Not for Me: Google Tries to Censor India’s Link Rigging Investigation of Google | MTP
The Pirate Hunter | Williamette Week
The More Money Spotify Makes, The Less Artists Get Paid | Digital Music News
A Stream on Apple Music Pays Songwriters And Publishers 33% More Than A Stream On Spotify | Hypebot
Making Free Work (Hint Cannibalize Radio Not Sales) | Music Industry Blog
Imogen Heap: saviour of the music industry? | The Guardian
[RELATED] Understanding Music And Blockchain Without The Hype | Trichordist
WashingtonWatch: Pre-’72 Royalty Battle Adds Another New York Lawsuit | Grammy Pro
Radio Giants Facing Bicoastal Legal Demands to Stop Playing Pre-1972 Songs | Billboard
What EMI’s six-month sample amnesty means for the music industry | The Guardian
Rosanne Cash: ‘I’ve always been a union member’ | Local802afm
‘Halo,’ ‘Destiny’ composer Marty O’Donnell wins lawsuit against Bungie | Engadge
According To U.S. Big Data, We Won The Vietnam War | Forbes
Robert Reich: The sharing economy will be our undoing | Salon
The Hypocrisy of the Internet Journalist | Medium
View story at Medium.com
* I’m selling you out as hard as I can, and I’m sorry.
The NY Times get’s it wrong. Stats Chats takes on the numbers:
The larger category, “Musicians and Singers”, has been declining. The smaller category, “Music Directors and Composers” was going up slowly, then had a dramatic three-year, straight-line increase, then decreased a bit.
Going into the Technical Notes for the estimates (eg, 2009), we see
May 2009 estimates are based on responses from six semiannual panels collected over a 3-year period
That means the three-year increase of 5000 jobs/year is probably a one-off increase of 15,000 jobs. Either the number of “Music Directors and Composers” more than doubled in 2009, or more likely there was a change in definitions or sampling approach.
READ THE FULL STORY AT STATS CHAT:
If we strip away some of the color and simply look at the assertions being made, then the basic structure of the article reveals an important fallacy. First Johnson states that most of the evidence of harm done to creators in the digital age is anecdotal, and this is partly true — although anecdotes from professionals should not be misconstrued as mere random complaining. So, to get beyond the anecdotal, Johnson then cites macroeconomic data, compiled by the Labor Department, most of which suggests a big-picture view that creative people in all media are doing better than they were a decade ago. But, having previously scorned the anecdotal negative, Johnson then cherrypicks bits and pieces of the anecdotal positive — some of which he misrepresents — in order to support his interpretation of the economic data he cites.
READ THE FULL POST AT THE ILLUSION OF MORE:
Ad Funded Piracy. Follow The Money. It’s not about sharing, it’s about profits.
Most big piracy sites don’t charge their users a fee, but are still able to profit off of copyright infringement. Why? Because the operators plaster their pages in advertising.
But British police now say they are making major headway in tackling this: On Wednesday, the Police Intellectual Property Crime Unit (PIPCU) announced that Operation Creative, launched in 2013, has led to a 73% decline in advertising “from the UK’s top ad spending companies on copyright infringing websites.”
READ THE FULL POST AT BUSINESS INSIDER:
The New York Times quotes representatives of the artists rights movement including Blake Morgan of the #irespectmusic campaign, Melvin Gibbs of C3Action.Org (Content Creators Coalition), David Lowery of the Trichordist as well as musicians Zoe Keating, David Byrne and others.
“None of these companies that are supposedly in the music business are actually in the music business,” Mr. Gibbs said. “They are in the data-aggregation business. They’re in the ad-selling business. The value of music means nothing to them.”
READ MORE AT THE NEW YORK TIMES:
Please read John Degen’s 5 Seriously Dumb Myths About Copyright the Media Should Stop Repeating at the link below.
There you have it. I hope this quick list has helped my friends and colleagues in the media who may be hurrying to file a story on World Book and Copyright Day. Here’s a final, simple, rule of thumb for writing about copyright.
If you want to understand how a working artist feels about copyright, talk to an actual working artist.
The last time I checked, ivory-tower legal-theory departments and digital-utopian advocacy groups were not the best places to look for actual working artists.
READ THE FULL POST AT MEDIUM: