“Google & The World Brain” Airing Now on Al Jazeera America

This may be the single most important piece of work to date that explores the rights and concerns of creators in the digital age. The film details how Google has made plans to commercially monetize and monopolize all creative works for their own corporate profit.

FIND CHANNEL AND AIRTIME:
http://america.aljazeera.com/watch/2013/8/trailer-for-googleandtheworldbrain.html

MORE ABOUT THE FILM:
http://www.worldbrainthefilm.com/

The goal of accumulating all human knowledge in one repository has been a dream since ancient times. Only recently, however, has that dream become a reality. Quietly and behind closed doors, Google has been executing a project to scan and digitize every printed word on the planet. Working with the world’s most prestigious libraries, the webmasters are reinventing the limits of copyright in the name of free access to anyone, anywhere. What can possibly be wrong with this? As “Google and the World Brain reveals,” a whole lot.

Some argue that Google’s actions represent aggressive theft on an enormous scale, others see them as an attempt to monopolize our shared cultural heritage, and still others view the project as an attempt to flatten our minds by consolidating complex ideas into searchable “extra long tweets.”

At first slowly, and then with intensifying conviction, a diverse coalition mobilizes to stop the fulfillment of this ambitious dream. Incisive and riveting as it uncovers a high-stakes multinational heist, Ben Lewis’s film voices an important alternative to the technological utopianism of our time.

Copyright and Control | The Cynical Musician

Faza at The Cynical Musician explores the question of control in copyright.

Copyright “skeptics”, like TechMike, tend to focus on the language of the “Copyright Clause” and construct elaborate theories about what “promoting the progress of science and the useful arts” really means. While they’re at it, they may wish to also consult the dictionary with regards to the meaning of the word “secure”2 and how it isn’t a synonym for “grant” – though that is besides the point here. Giovanetti rightly points out that promoting progress is the goal of the Copyright Clause and doesn’t actually say much about the means (that’s done in the other bit, about securing exclusive rights). What I wish to do today is to examine how the control aspect of copyright helps promote progress and why it is important.

READ THE FULL POST AT THE CYNICAL MUSICIAN:
http://thecynicalmusician.com/2013/09/copyright-and-control/

“Artists Should Expect Nothing” from Spotify says George Howard

Why George Howard should stop chasing what’s best for musicians and focus on academics.

George Howard just wrote an article for Forbes, “Why Artists Should Stop Chasing Spotify’s Pennies And Focus On Top Fans“. It’s amazing how decade old talking points can keep being recycled. It’s always interesting to see an academic (and/or business consultant) telling artists what is best for them. But it’s kinda disturbing when they let loose with gems like this…

Artists must therefore recalibrate not only their expectations with respect to payments (they should expect nothing), but also their approach generally.

There you have it, artists should expect nothing. Not that George Howard doesn’t make valid points earlier about the meaninglessness of Spotify royalties to musicians. Although the irony of how bad he misses the point is astounding.

Certainly, the payments to artists from streaming services are immaterial to the artists. This does not mean that these services aren’t paying out some, prima facie, big numbers to certain artists. It’s just that even if, for instance, Pandora pays out a million dollars to Jay Z, this amount, when compared to the money Jay Z earns from other ventures, is immaterial. It works the same way for a new artist who gets a payment of $0.25 from Spotify; it’s immaterial when compared to what they got paid for playing a club gig or selling a t-shirt. Same deal for mid-level and heritage artists.

And this is where the tired, decade old, tech lobby talking points come in (Bueller, Bueller…). Focus on building a fanbase and the money will follow from other revenue sources like t-shirts and touring. OH MY GOD… did this guy actually, really say this in Forbes? That horse from 1999/2000 could not be any more dead than the original Napster that spawned such out of touch suggestions.

It’s thirteen years later. There is no magical unicorn business model that pays artists while their work is being either devalued for fractions of a penny, or they are not being compensated at all.

Here’s a brief recap of what these so called “business experts” and “internet technology consultants” see as the “new” models for artists… Ready, set, go!

* Touring… existed BEFORE the internet…
* Merchandise (T-Shirts)… existed BEFORE the internet
* Film/Sync Licensing… existed BEFORE the internet
* Sponsorships/Endorsements… existed BEFORE the internet

These are not NEW models or revenue streams.

So “touring and t-shirts” (CwF+RtB babee!) is not a business model for artists, but rather an open admission that the internet has completely and undoubtedly failed to empower artists. In light of this fact George (and others) instead suggested that musicians and songwriters revert to pre-internet ANCILLARY income streams to now be their PRIMARY revenue streams. Wow, what genius is this?

As seen as a potential catalyst to herd more casual and active fans — fans who may become Passionate Fans — into this funnel, these services take on a real value. This value far exceeds any direct financial payment (whether that number goes up or down 10%). To this end, the artists must learn to use these services and benefit them in the same way the artists are being used by and benefiting these services.

In fact, the “new music business” looks pretty much exactly like the “old music business” with revenue from recorded music sales removed.

Repeat after us, “Exploitation is NOT innovation“.

[UPDATE] : When asking investors for a new round of funding, while getting bad press from upset musicians you probably are looking for some spin control. We don’t think George Howard is that solution. More than anything else, Spotify like Pandora might only be of interest to investors if musicians are completely screwed on royalties. Maybe the ask for cash, and the call for musicians to accept nothing are not related, but that would be suspicious timing at best.

Spotify Is Now Asking Investors for More Cash, Swedish Paper Reports…

Lessig Mixes it Up | The Illusion Of More

David Newhoff at The Illusion Of More challenges Lawrence Lessig’s “Laws That Choke Creativity.”

So, as a legal layman but active observer of these things, it seems to me Mr. Lessig’s presentation, though charming, contains at least two fallacious premises.  The first is that the positive aspects of remix culture are actually threatened by the copyright system; and the second is that remix culture is universally positive.  I don’t know of any cases in which rights holders are stopping “the kids” from singing the songs of the day on YouTube.  But there are plenty of cases in which adults are profiting from remixing culture in ways that benefit neither fans nor creators. While it’s almost rote these days to call everyone a shill, I don’t think this is very helpful. I prefer to assume intelligent people mean what they say and believe in their positions, and Lawrence Lessig is certainly an intelligent man.  Of course, that might be why his ideas are ultimately so dangerous.

READ THE FULL POST AT THE ILLUSION OF MORE:
http://illusionofmore.com/mixing_lessig/

21st Century Piracy: The Demise of the Music Industry | THE WIP

EDM artist Victoria Aitken speaks out.

The Internet pirates have made me, and thousands of other musicians, walk the plank. We now have to swim in shark-infested waters where the big fish gobble up our dues and the pirates laugh their way to the bank.

I believe this basic injustice must be remedied – Internet pirates are white-collar criminals. They should pay the royalties they have stolen or be answerable to the law, like looters, burglars, and fraudsters.

READ THE FULL STORY AT THE WIP:
http://thewip.net/contributors/2013/08/music_industry_killed_by_pirat.html

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

How Will Musicians Survive In the Spotify Era? | The New Yorker

Sasha Frere-Jones, Dave Allen, Jace Clayton, and Damon Krukowski discuss how (mildly) popular musicians are going to survive.

Last month, Damon Krukowski and I discussed Spotify, the public exit of Nigel Godrich and Thom Yorke from that platform, and the various challenges facing musicians who do or don’t want to participate in similar streaming services. Toward the end of the discussion, Damon and I both hinted at the freedom of going free, the moments when giving your music away is more profitable—in the long run—than letting another company sell it inefficiently and unprofitably. Damon expanded on his position in a subsequent article for Pitchfork, but neither of us was advocating that musicians play and record for free, in all scenarios, all the time: nothing of the sort. So before I hand this discussion over to a new panel, one clarification.

My band, Ui, released a clutch of records through Southern Records. These albums are no longer available on Spotify because, according to Southern, the costs of administrating the relationship were not covered by the microscopic amount of revenue generated. I believed them then, and believe them even more now.

READ THE FULL STORY:
http://www.newyorker.com/online/blogs/sashafrerejones/2013/08/how-will-musicians-survive-in-the-spotify-era.html

Stop short-changing songwriters | The Hill

Web streaming is quickly becoming the preferred method for listening to music in this country. And Pandora, with more than 70 million active listeners and about a 70 percent market share, is by far the nation’s most popular service.

That’s why we’re deeply troubled by the pitifully low royalty Pandora pays to songwriters, composers and music publishers for the rights to stream their creative works online.It makes sense that one of Pandora’s core input costs should be royalties paid to the creators of the music they stream.

But right now, Pandora only pays about 4 percent of their annual revenue in performance rights royalties to songwriters, composers and music publishers.

READ THE FULL STORY AT THE HILL:
http://thehill.com/opinion/op-ed/314531-stop-short-changing-songwriters

Steal a Little: Piracy & the Economy via The Illusion Of More

I’ve wanted a sailing yacht for years but have never been able to afford one — until now. Thanks in part to a report on piracy and counterfeiting by the GAO and this explication by CCIA (Computer & Communications Industry Association) lobbyist Matt Schruers, I now have a plan that will put me at the helm of the sloop Larceny by the Summer of 2016. And the best part is the whole family gets to collaborate to make it happen. According to my rough calculations, all we have to do is steal groceries like a Dickensian gang for three full years, and we’ll save enough for a substantial down payment on the boat. I’m thinking Beneteau 45ft, but if any seasoned mariner out there has a recommendation, let me know.

READ THE FULL POST AT THE ILLUSION OF MORE:
http://illusionofmore.com/piracy_and_economy/

Why Spotify is NOT the Enemy of Artists, and Who Is…

Spotify has been taking a beating in the press lately and we understand why. We have offered our own criticisms which mostly revolve around royalty rates and transparency. But we’ve also stated that Spotify is a symptom of a much larger disease of illegally operating, infringing businesses who make millions individually and billions collectively while paying absolutely zero to artists and rights holders.

As much as we disagree with Spotify over their rates and PR spin on several issues, we also recognize that they are legal, licensed and pay out royalties as they have been negotiated. Artists are able to opt out of Spotify individually (and also if their label permits).  It is for these reasons that Spotify are NOT the enemy.

However this begs the question, if Spotify are not the enemy, who is? Well, as we stated above it is the massively deceptive Ad Tech businesses who have been financing mainstream music piracy for over a decade. This is the Silicon Valley internet tech lobby (lead by Google) who seek to dismantle and destroy copyright protection for individual creators.

Yes, we hear a lot of lip service about how these people say they are really pro-copyright and pro-artist, but when every meaningful action and suggestion is to the contrary of protection and compensation of the artists work and labor it all rings a bit hollow. We now know after a decade plus of internet/tech snake oil salesmen there is no magic bullet and that “touring and t-shirts” is an admission of the failure of these online businesses to provide sustainable earnings for creators.

Piracy is NOT Promotion

Exploitation is NOT Innovation

In our ongoing “Exploited By…” series of posts we illustrate how major Fortune 500 companies, represented by Madison Avenue Advertising Agencies have been, and continue to finance the destruction of the creative community.

So we say this…

Let us focus first on the many who pay nothing at all to musicians while pocketing 100% of the Profit. Let us focus our energies on the illegally operating companies and corporations who have made infringement for profit their business model.

We are encouraged to see Spotify also take up this mutually beneficial fight against those companies and business who have so greatly devalued the work of musicians as well as impeding the growth potential of legal and licensed companies to create sustainable models for all stakeholders.

Will Page a Spotify spokesperson had this to say in The Register UK:

“Copyright infringing websites are big businesses … 2/3 of piracy sites have advertising, and 1/3 also include credit card logons. This competition is real: consider how ad pricing is distorted by those unlicensed sites who offer more scale and no content costs.”

This is the first step towards making real change that will remove the bad actors from the marketplace and move towards a sustainable ecosystem for all legal and licensed stakeholders.

We’ve commented before that we believe that Spotify is unsustainable at current rates. It is also worth noting that Spotify pays significantly MORE than YouTube, a business that was founded and built on the premise of infringement for profit. Although YouTube and Google have made improvements in their services for rights management they still fundamentally devalue the work of artists hiding behind the DMCA.  Google and YouTube also continue to create and distribute anti-copyright and anti-artist propaganda asserting that any “remix” of an artists work is “fair use.” It is not.

In the end Spotify needs to increase it’s revenue per stream so it can increase it’s royalties per stream to be sustainable for artists. The number one way to do this is to capture the millions or even billions in advertising revenue that are financing illegally operating and infringing businesses that pay artists nothing.

In closing, the enemy is not so much those who pay so little offering artists both consent and compensation, but more so those who are paying nothing at all and deny the artists consent.

Exhibit A:

Lou Reed Exploited By American Express, AT&T, Chevorlet, Chili’s, Lysol, Pottery Barn, Vons, Domino’s Pizza, Netflix, Galaxy Nexus and Ron Jeremy!

Why Spotify’s Piracy Study Isn’t Cause for Celebration | SPIN | Newswire

Report shows promising signs, but only in the Netherlands…

…According to a Spotify spokesperson, the company doesn’t break down user numbers by individual country, but has 6 million paying subscribers and 24 million users worldwide…

…The report follows news that music sales increased greatly in Sweden, Spotify’s home country, corresponding with the service’s growing popularity there. Which is great news across the pond, but which doesn’t necessarily scale to America’s humungous market. The Netherlands is a country of under 17 million people with 6.8 million residential broadband connections versus the United State’s 313 million population and 82.4 million broadband users…

READ THE FULL STORY AT SPIN.COM:
http://www.spin.com/articles/spotify-piracy-study-festivals-thom-yorke/