Fixing the Digital Economy by Jaron Lanier | The New York Times

Insightful commentary in the New York Times from Technologist, Inventor, Author Jaron Lanier. Both of Jaron Lanier’s books are recommended on the Trichordist Bookshelf.

TWO big trends in the world appear to contradict each other.

On the one hand, computer networks are said to be disrupting centralized power of all kinds and giving it to the individual. Customers can bring corporations to their knees by tweeting complaints. A tiny organization like WikiLeaks can alarm the great powers with nothing but encryption and net access. Young Egyptians can organize a nearly instant revolution with their mobile phones and the Internet.

But then there’s the other trend. Inequality is soaring in rich countries around the world, not just the United States. Money from the top 1 percent has flooded our politics. The job market in America has been hollowed out; unpaid internships are common and “entry-level” jobs seem to last a lifetime, while technical and management posts become ever more lucrative. The individual appears to be powerless in the face of tough prospects.

READ THE FULL STORY AT THE NEW YORK TIMES HERE:
http://www.nytimes.com/2013/06/09/opinion/sunday/fixing-the-digital-economy.html

DMCA Safe Harbor is NOT a “License to Infringe”

Thanks to Music Tech Policy for alerting us to this post from The Association of Independent Music Publishers:

Apparently, some internet users interpret the DMCA “safe harbor,” which is designed to strike a balance between copyright and technology, as something quite different, a “license” to post anything you like, even if you know it is infringing, unless and until the copyright owner complains.

The distinction may seem small, but it may represent how the general public regards copyright on the internet.  Instead of avoiding infringement and respecting copyright, the concept of the “DMCA License” is that you don’t have to respect copyright.  Do what you like, and at the worst the copyright owner might force your ISP to remove the material.

There is no such thing as a “DMCA License” because under the DMCA, copyright owners are not in any way consenting to unauthorized use.  They are simply trying to keep up with the millions of infringements, using what the law gives them to work with.

READ THE FULL POST HERE:
http://www.aimp.org/copyrightCorner/8/The_DMCA_License

“Fair Trade Music” Initiative Launched

FROM THE PRESS RELEASE:

For the first time in music industry history, over 25,000 songwriters and composers from nearly fifty countries throughout Europe, North America, South America, and Africa have joined together to form a new, wholly independent advocacy Network for music creators. Its immediate goal will be the championing of a set of Fair Trade Music Principles designed to ensure transparency, fair compensation, and autonomy for music creators in an increasingly complex and non-transparent music business landscape.

The Fair Trade Music Principles are as follows:

1. FAIR COMPENSATION — Music business models must be built on principles of fair and sustainable compensation for music creators.

2. TRANSPARENCY–International standards must be developed and adopted that ensure efficient and transparent management of rights and revenues derived from the use of our works. These standards must apply to all entities that license such rights, and which collect and/or distribute such revenues.

3. RECAPTURE OF OUR RIGHTS–Music Creators must have the ability to recapture the rights to their works in a time frame no greater than 35 years, as is currently available to songwriters, composers and artists in the United States. The effect of recapture of rights must apply globally.

4. INDEPENDENT MUSIC CREATOR ORGANIZATIONS–Music Creators must have their own independent entities that advocate for, educate and provide knowledgeable support for members of their community, including aspiring songwriters, composers and artists. Music Creators speak for themselves, not through those with interests in conflict with them.

5. FREEDOM OF SPEECH–Music Creators must be free to speak, write and communicate without fear of censorship, retaliation or repression in a manner consistent with basic human rights and constitutional principles.

READ MORE HERE:
http://online.wsj.com/article/PR-CO-20130604-903736.html

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Principles for an Ethical and Sustainable Internet

Julian Assange : Google Is Evil in “The New Digital Age”

Very interesting reading as Julian Assange comments on Google, CEO Eric Shchmidt and his book, The New Digital Age. Read on…

“THE New Digital Age” is a startlingly clear and provocative blueprint for technocratic imperialism, from two of its leading witch doctors, Eric Schmidt and Jared Cohen, who construct a new idiom for United States global power in the 21st century. This idiom reflects the ever closer union between the State Department and Silicon Valley, as personified by Mr. Schmidt, the executive chairman of Google, and Mr. Cohen, a former adviser to Condoleezza Rice and Hillary Clinton who is now director of Google Ideas.”

He goes onto say,

“This book is a balefully seminal work in which neither author has the language to see, much less to express, the titanic centralizing evil they are constructing….If you want a vision of the future, imagine Washington-backed Google Glasses strapped onto vacant human faces — forever.”

What does this have to do with artists rights you may ask? Well, the way we see it is that Privacy and Anti-Piracy are bound together by the same common bond of respecting the rights of individual citizens. Which is why individual citizens are granted BOTH the right of individual privacy and the right to protection of their labor under Article 27 of the Universal Declaration of Human Rights.

READ THE FULL ARTICLE AT THE NEW YORK TIMES HERE:
http://www.nytimes.com/2013/06/02/opinion/sunday/the-banality-of-googles-dont-be-evil.html

Artists Rights Watch – Monday May 13, 2013

MUSIC TANK:
* Follow The Money: Can The Business Of Ad-Funded Piracy Be Throttled?

Piracy is not some romantic fantasy of rebellious teenagers sharing music and sticking it to the man; it is brand-sponsored – with advertisements for major blue chip FTSE and Fortune 500 corporations being served systematically to the most nefarious corners of the Web on an industrial scale – keeping the likes of MP3Ape and 4Shared in business, while diverting much-needed revenues from the pockets of creators.

We are delighted to announce that David Lowery (Artist & Commentator ) and Theo Bertram (UK Policy Manager, Google ) will both be key speakers at this event.

WIRED:
* The Real Danger of Copying Music (It’s Not What You Think)

It is one thing to sing for your supper occasionally, but to have to do so for every meal forces you into a peasant’s dilemma: The peasant’s dilemma is that there’s no buffer.

ADLAND:
* David Lowery’s UGA study compiles Top 40 list of brands supporting piracy

But isn’t it strange that Dodge Dart, Victoria’s Secret, AT&T and the like are advertising in illegal places. But I guess they figure why not, because money. Right? Maybe. But the more Taplin and Lowery (and Adland, for that matter) calls you out on it, the greater the chances your reputation, and your brand will take a hit.

DIGITAL MUSIC NEWS:
* Dear Congress: Please Consider These Points for Your Massive Copyright Overhaul…
* The RIAA Just Made It Easier to Earn a Gold Plaque Than to Pay Rent…
* Pandora Tries to Convince a Musician That He Isn’t Getting Screwed…

From: Blake Morgan
To: Tim Westergren @ Pandora

Without us, you don’t have a business.

The idea of “allowing” us to “participate” in a business that is built solely on distributing and circulating our copyrighted work is like a grocery store saying it has an idea to “allow” the manufacturers of the goods it carries to get paid. The store isn’t “allowing” Del Monte to get paid for their cans of green beans, right? Of course not.

COPYHYPE:
* Do Kim Dotcom’s lawyers think he’s guilty? The answer may shock you.

Taking your case to the court of public opinion could be a sign that your case in a court of law is not going well.

THE TELEGRAPH:
* Ads for Australia’s big brands on-sold to piracy websites

The companies were unaware their ads were running on a piracy website before being alerted by news.com.au. And the list of those affected is long, with Westpac, Telstra, ING Direct, Allianz Insurance, The Iconic, ANZ, The Good Guys, Commonwealth Bank, AustralianSuper and Medibank included.

JUNKEE:
* Combating The Cost Of The Free Economy

You can see where this is going: paying little for digital goods, which make up the majority of all goods sold, means that profit margins drop dramatically. So even when we are using these legal alternatives like Spotify, iTunes and Amazon, the goods they are selling are vastly undervalued – are ebooks really worth only $0.99? We need to get used to paying more for digital goods than we have been, because they are worth a lot more than what we have been paying. They aren’t just files and bytes of information — they are the goods now. For the incredible convenience alone, what we pay should be a lot more than we do.

We also need to stop thinking in terms of physical objects, and thinking in terms of the man hours that went into creating what we are consuming – ultimately, the medium through which we consume it does not dull our engagement with or enjoyment of those works.

TONEDEF:
* The Campaign To Stop The World’s Major Brands From Funding Music Piracy

“Whenever we talk to a brand about the fact that their ads are all over the pirate sites, they’re like, ‘Oh, how did that happen?’” says Taplin. “We thought it would be easier if they knew what ad networks were putting ads on pirate sites — so they could avoid them.”

MUSIC TECH POLICY:
* From EFF to Obstruction of Justice
* The Copyright Principles Project: The Arrogant Thimblerig of Contrived Consensus
* The Copyright Principles Project Misses the Point on Copyright Registration–we have registration now, where is the benefit?
* YouTube Beats TV With 1 Billion Watching….TV, and loves them some payola, escorts and drugs

THE STREET:
* The Digital Skeptic: Here’s All the Music Money Lost to the Web

I could model, sample and tinker with the numbers, as long as I gave the association credit. But now, taxiing for takeoff flying to the once-and-future monument of decay — Venice, Italy — all I can say is, it’s stunning how sad a song these numbers sing.

MUSIC WEEK:
* Google and Trichordist to debate piracy profits in London

In 2013, it seems somewhat amazing that advertising from major corporations is still being served to unlicensed music services – especially when, in theory, creative and tech businesses could pragmatically and constructively tackle the practice.

HOME MEDIA MAGAZINE:
* Report: Copyright Enforcement Needed Outside U.S.

Although copyright law and other remedies under the [Digital Millennium Copyright Act] remain an effective tool against infringing services located in the United States, most, if not all illegal services have moved off shore to territories that lack effective enforcement mechanisms making it nearly impossible to slow the proliferation of infringing download and streaming services,” the report reads.

VOX INDIE:
* Kim Dotcom’s Truth = Nothing but Lies (mega lies)
* Steven Soderbergh Speaks out Against Online Piracy in his “State of Cinema” Address at SFIFF
* MacKeeper Software Ads Blanket Pirate Websites, Providing Profits to Thieves
* Google’s Hypocrisy-Seeing the World Through Green Colored Glasses

THE JAKARTA POST:
* Piracy may cost record firms $1.65m a day

The illegal download of Indonesian songs through the Internet has also caused a sharp decline in the sale of music CDs in the country. Last year, the sales of original music CDs totaled only 11 million copies, far lower than the average 90 million copies a year several years ago.

THE TIMES OF INDIA:
* International film piracy gang busted in Indore

For an year now, the duo were capturing full-length new Bollywood and Hollywood releases, first day-first show from major cine-plexes, Velocity and Sky Lounge section of Satyam Cineplex, and then sharing high-quality products via the internet with operators of pirated movie markets across the globe.

The duo was charging prices ranging between Rs 25,000 to Rs 3 lakh from the buyers, depending on the product quality.

MUSIC ALLY:
* Devo’s Kickstarter-funded DevoBots synthesizer iOS app goes live
* Event report: ‘Copyright in Crisis’ ft. PRS for Music and Pirate Party
* Hoping for Apple iRadio launch in June? Dealmaking continues…
* Music Dealers: ‘Brands are picking up the pieces of the music industry’

PRIVACY.NET:
* Why is Video Piracy Still Called A “Censorship” Problem?

Why is video piracy still called a censorship issue? And when did it become a threat to privacy? What I continue to find amazing is the fact that supporters of video piracy continue to refer to the attempts to block illegal access as “censorship.”

TORRENT FREAK:
* Pirate Bay Takes Over Distribution of Censored 3D Printable Gun
* Game Pirates Whine About Piracy in Game Dev Simulator
* Police Flex Muscles Again, Arrest Admin of Sweden’s #2 BitTorrent Site
* FileServe Hit With $1,000,000 Movie Piracy Lawsuit

THE WOMB:
* I Just Signed Copyright Alliance Petition Against Brand Sponsored Piracy

Artists Rights Watch – Monday April 22, 2013

POLITICO:
* Creators need Copyright Protection

So let’s agree that certain principles should be the foundation of any update of the Copyright Act:

Creators should receive fair compensation for their work when it is exploited. Too often we’ve heard that new and old businesses should be allowed to use creators’ works at a below-market (or zero) royalty rate to protect a flawed business model. Creators want to be partners with distributors, but they should never be forced to subsidize those businesses.

A right is meaningless without reasonable enforcement.Without effective enforcement, copyrights will have little value. If creators are to benefit from the fruit of their labor, they must have confidence that their work will be protected in the constantly evolving digital marketplace.

Freedom of expression depends on copyright. Copyright gives individual creators the freedom to choose how they express themselves. With copyright, writers and artists can decide how and when to use their work. They can freely give their work to the public, to a cause they believe in, or they can try to earn a living from it. Consent is a critical part of the creator’s freedom.

HUFFINGTON POST:
* Online Piracy, Following The Money
* Grammys On The Hill 2013: Jennifer Hudson Honored By Clive Davis, Yolanda Adams, Kara DioGuardi

Recognizing that proceeds from Grammys on the Hill benefit the Grammy Signature Schools Program, which fights to keep music education in schools, Hudson noted the importance of her own childhood music teachers, admitting, “That why I had perfect attendance in school — because I could not miss music class. I didn’t really care about any other class — even on my lunch break, I would go to music.”

MUSIC TECH POLICY:
* How YouTube “Monetizes” Your Songs to Sell Illegal Goods

Note three things:  The video is “user generated content” (“user” in this context means a YouTube user not a drug user.  We think.)

Second, the video has a music bed.  Ironically, it is “Teardrop” by Massive Attack which is also the theme from the House television show.  I seriously doubt that Massive Attack has any idea that their song is being used to sell drugs through this sketchy video.

We know that YouTube knows the song in the video because they have a link to it by name on Google Play.

Finally, the video is monetized–ads are playing on the page, pre-roll before the video, and inside the video–in fact, the same ads are in each, so the campaign is coordinated.

ZOE KEATING INSTAGRAM:
* Me, Barbara Lee, Sheila E and Melvin Watt @ U.S. Capitol – House Of Representatives

VENTURE BEAT:
* Sarah Hanson, the 19-year-old teen who auctioned 10% of her income for a $125K startup investment, may not exist

DIGITAL MUSIC NEWS:
* If Only the Tech Industry Understood the Music Industry They Want to ‘Replace’…
* Just Got My YouTube Royalty Check In the Mail…
* How Artists Who Support “Piracy” Can Avoid Looking Like Hypocrites…

TORRENT FREAK:
* Hijacker Tears Large BitTorrent Site Apart, Succeeds Where U.S. Authorities Failed
* Interpol Probe Targets Funds of Major File-Hosting Services
* Pirate Bay Founder Charged With Hacking Companies and a Bank

THE DEAN’S LIST:
* Music, Copyright and New Technology in the News From a Creator’s Perspective

REUTERS:
* New anti-piracy law should keep Spain off U.S. watch list – minister

Spain is working on a new anti-piracy law which will be robust enough to keep the country off a U.S. watch list of copyright violating countries, Education and Culture Minister Jose Ignacio Wert said.

NIGERIAN TRIBUNE:
* Spinlet to proffer solution for music piracy

Artists Rights Watch – Monday April 15, 2013

VICE:
* Chris Ruen Is Taking the Anti-Piracy Argument Back from the Music Industry

… If we can agree that artists have legitimate rights to their own work, it follows that we have some duty as individuals and as a society to respect those rights”.

NEW YORK TIMES:
* The Slow Death of the American Author

The Constitution’s framers had it right. Soviet-style repression is not necessary to diminish authors’ output and influence. Just devalue their copyrights.

BILLBOARD:
* Martin Mills’ Call to Action: His Billboard MIDEM Speech In Full

I want to address the lack of support that governments, politicians and bureaucrats worldwide show to the creative industries. Many pay lip service to the value and importance of the creative economy, but most fail to match that with their actions.

Creative industries are built upon strong and defendable intellectual property rights, and without that they will inevitably wither and fail. It is impossible to make the investments to produce new creative goods without the security that ownership of them is protected.

BRISBANE TIMES:
* Why are you still stealing Game of Thrones?

Is there some sort of internet freetard math I’m unaware of that lets the producers of GoT spend millions of actual dollars making the show while you suck it down off the intertubes for free because somehow the ‘exposure’ will put enough money in their bank accounts to pay for all the writers and actors and camera guys and set designers and costume makers and caterers and editors and special effects dudes and CGI mavens and musicians and lighting and sound techs and drivers and so on whatever and ever amen?

SPIN:
* Marc Ribot’s Ceramic Dog Slam Free Culture on Art-Grinder ‘Masters of the Internet’

“We have a new business model / We’ll blow you for a nickel”

AD LAND:
* Artists to TBWA Chiat Day and American Eagle: Screw You

Artists vs. American Eagle. An edgy campaign asking people to take a stand on shoplifting and selling out. Wink wink. Artists Vs American Eagle recreates the Ghost Beach site right down to the color palette. But instead of asking you to pick a side on piracy, they’re asking you to pick a side on shoplifting from American Eagle. They even have hashtags at the read. #AGAINSTSHOPLIFTAEO and #FORSHOPLIFTAEO

BWHAHAHAHAHA.

VOX INDIE:
* Who Really Gets “Chilled” by Chilling Effects?

THE ILLUSION OF MORE:
* Copyright is Anti-Civil Liberties?

The truth is that the total volume of free expression produced by creative artists is one of the greatest buffers against social injustice within democratic societies.

In one hand the artist holds the right of free expression, and in the other, he holds copyright. Wielded together, these tools have done more social good than any politician could ever hope to achieve.

THE REGISTER:
* P2P badboys The Pirate Bay kicked out of Greenland: Took under 48 hours

TPB had hoped that when it registered itself in the tiny country – an autonomous constituent of Denmark with a population of just 57,000 people – it would finally have a safe home. Its new host had other plans, though.

“Tele-Post has today decided to block access to two domains operated by file-sharing network The Pirate Bay,” the company said in a statement.

ALL AFRICA:
* Namibia: Nascam Takes Action Against Piracy

DIGITAL MUSIC NEWS:
* A Reader Asks, ‘Why Do You Hate Spotify So Much?’
* 40 Years of Music Industry Change, In 40 Seconds or Less…
* Artist Group Asks: ‘Is Shoplifting from American Eagle Stealing, or Sharing?’

WIRED:
* Report: US government agencies’ adverts inadvertently support piracy

Along with corporate brand names appearing on the sites, from Adidas and Amazon to Walmart and World of Warcraft, the US Army found its way on to alleged pirate sites, the Verge first pointed out.

THE VERGE:
* US government agencies are advertising on accused pirate sites

LIMERICK LEADER:
* Priests and piracy: Retailers reel from illegal downloading

AHRAM ONLINE:
* Arab Publishers failing to fight book piracy, risking future

BERKLEY TECHNOLOGY LAW JOURNAL:
* The Purpose of Copyright? Examining the Retracted Republican Study Committee Brief

Which are the relevant facts, figures, and considerations to the debates surrounding the extent and limitations of copyright? After comparing Khanna’s brief and Hart exegesis, what emerges seems to be a disagreement about not only the direction copyright reform should take, but also the philosophical precepts that determine source of law, historical interpretation, and, in essence, reality.

MUSIC ALLY:
* The challenge of connecting the streaming music silos
* US music sales fell 0.9% in 2012 as digital revenues topped $4bn

The $7.1bn is still above 2010′s low point of $7bn, but it’s not yet the sustained bounce-back that the industry was hoping for.

TORRENT FREAK:
* IMAGiNE Piracy Group Founder Jailed For 23 Months
* YouTube’s Deal With Universal Blocks DMCA Counter Notices

YouTube enters into agreements with certain music copyright owners to allow use of their sound recordings and musical compositions.

In exchange for this, some of these music copyright owners require us to handle videos containing their sound recordings and/or musical works in ways that differ from the usual processes on YouTube.

In some instances, this may mean the Content ID appeals and/or counter notification processes will not be available.

REASON:
* The Long, Fruitful History of Music Piracy

Rather the book is valuable because it shows how long, and how thoroughly, the history of recorded music has been the history of “pirated” music. It turns out that the Internet isn’t apocalyptically transformative. It’s just a new extension of an old dynamic. And that means that rather than creating apocalyptically transformative new legislative solutions, we could instead perhaps look to the past for ideas.

CREATIVE AMERICA:
* Study finds that removing just one pirate site benefits creators.

Artist Rights Watch – Monday March 25, 2013

THE HILL:
* Protect rights of artists in new copyright law

Should Congress take on the challenge of updating the Copyright Act, it must do so guided by sound principles, and its deliberations must be based in reality rather than rhetoric.

Chief among these principles is that protecting authors is in the public interest. Ensuring that all creators retain the freedom of choice in determining how their creative work is used, disseminated and monetized is vital to protecting freedom of expression. Consent is at the heart of freedom, thus we must judge any proposed update by whether it prioritizes artists’ rights to have meaningful control over their creative work and livelihood.

ZIMEYE:
* Mukanya’s Concern on Music Piracy: The New Zimbabwean Epidemic

Personally, I take unbridled umbrage at such individuals who are tired of working real jobs and are now trying to snatch easier ways to cut corners and make survival here in the Diaspora. By committing such nasty internet acts of pirating on our Zimbabwe musicians products they are feeding on other people’s blood.

This is in cases where most of our entertainers throw in their blood, sweat and tears to emerge with such scintillating music hoping to make headlines, best sellers and earn decent income. I would then wonder why someone would, from the blues, make such an evil act of trying to benefit from someone’s work using the internet, hoping not to be caught.

BUSINESS WEEK:
* Congress Reviews the Copyright Act in the Digital Age

BILLBOARD:
* Business Matters: Digital Piracy Study Conflicts with Two Papers it Cites

There have been numerous studies that have concluded file sharing hurts recorded music sales. The JRC study is different because it focuses only on file-sharing’s effect on digital purchases.

* SXSW: David Lowery and Co. Lash out Against Industry ‘Pimps’

Lowery said it was incumbent on artists to speak out about the importance of paying for music. Many artists who defer to corporate interests suffer from a kind of “Stockholm Syndrome,” he said.

“Lars Ulrich was the first to speak out and they put his head on a stake,” Lowery said, referring to the backlash against the Metallica singer after he took Napster to court in 2000. “But Ulrich was right. If you go back and watch his interview with Charlie Rose, everything he said came true. The technologists were wrong.”

COPYRIGHT ALLIANCE:
* Worth the Wait: 9th Circuit Delivers Big Win for Creators in Isohunt Case

the court pointed to numerous instances in which Fung was instrumental in assisting users in finding, acquiring, and burning infringing content. The court also explained how Fung profited off this infringement:

“Fung promoted advertising by pointing to infringing activity; obtained advertising revenue that depended on the number of visitors to his sites; attracted primarily visitors who were seeking to engage in infringing activity, as that is mostly what occurred on his sites; and encouraged that infringing activity. Given this confluence of circumstances, Fung’s revenue stream was tied directly to the infringing activity involving his websites, both as to his ability to attract advertisers and as to the amount of revenue he received.”

THE MUSIC VOID:
* EU Piracy Report – Ramifications For The Music Business

More importantly, there can be no argument that Google has played a massive unarguable part in helping piracy to thrive. Whether that was intentional or not is a moot point. The fact is you can type in any artist name and you links will have links to pirate site’s outnumbering those to legal sites.

The recent campaign to shame brands who’s advertising supports illegal file sharing sites is a worthy cause which TMV supports.

It would be helpful if Google gave all of the revenue it earns from SEM directly related to pirate sites back to the industry so rights holders and ultimately artists actually got paid from pirate sources. Hitting the pirates in the money pocket is exactly the right way to bring them to the negotiating table. Why do we want to negotiate with such people – because the user data is of immense value to brands and music rights holders themselves.

BRAND-E.BIZ:
* Ads fund illegal music, says IFPI

“Brand owners typically want to avoid the reputational damage that can be caused when their advertisements are placed on websites that engage in or facilitate unlawful activity,” says the IFPI. “They also want to be sure their advertising budget is not providing financial support to unlicensed websites.”

VOX INDIE:
* A Good Week for Copyright
* Mirror, Mirror…Why Does the Anti-Copyright Lobby Live in Opposite World?

The talking points echoed by the panel at SXSW reflected the anti-copyright lobby’s disingenuous mantra that content creators seeking to protect their work from theft should be viewed as criminals, while those who brazenly steal (and monetize) the work of others are somehow the “innovators.” Are you serious? I hate to break it to these folks, but the tech industry does not have first dibs on the adjective “innovative.”

Creative artists have always thrived on the cutting edge–and while the modern-day tech industry has developed new means of delivery and consumption–their innovations would be useless were it not for the content their products deliver. In many ways, creative content is the fuel has fed the tech revolution. Why can’t we have a discussion that acknowledges this symbiosis, rather than diminishes it?

THE ILLUSION OF MORE:
* More Than 3Dimensions
* Copyright, copyright everywhere…

So, for anyone who reads this blog and is not knee-deep in the gore of the copyright battle, the big picture as I see it this: I believe the copyright system will change over the next decade or so, but if that change is predicated too much on the self-serving premises of its tech-industry antagonists, the results for artists in particular, and for society in general, will be regressive rather than progressive. It would be like allowing the oil industry to overly influence emissions policy.

MUSIC WEEK:
* IFPI slams EU piracy study as ‘flawed and misleading’

The findings seem disconnected from commercial reality, are based on a limited view of the market and are contradicted by a large volume of alternative third party research that confirms the negative impact of piracy on the legitimate music business.

CENSORSHIP IN AMERICA:
* Music Censorship – A Timeline

SPITFIRE HIPHOP:
* What You Can Do Today – To Stop Brand Sponsored Piracy Through Touring Contracts or Sponsor Deals: Artists Helping Artists

If you are like most artists, you feel overwhelmed by the alliance of Big Tech and Fortune 500 companies allied against us in the intricate network of brand sponsored piracy.

ABC ONLINE:
* Internet Piracy – is it a right to not pay artists you like?

The self-righteous anger of free downloaders reveals much about the weakness of human nature and the often heartless and faceless nature of what constitutes debate on the internet.

This is one of the most revealing books about how technology shapes us I have ever read. It goes far beyond the normal platitiudes and in forensic detail explains the connections between human endeavour, morals, consumption and commerce.

DIGITAL MUSIC NEWS:
* Streaming Accounts for Just 4 Percent of Global Recording Revenues, Study Finds…
* For the First Time Ever, Song Downloads Are Declining In the US…
* Chevrolet Is Now Financing Grooveshark’s Mobile Expansion…
* Why Non-Disclosure Agreements Are Making It Impossible to Watch a Video In Germany…

A source close to one of the other negotiations with YouTube said that the rights holders had proposed that they’d base the deal on a revenue share – a proposal that seems more than fair. Only problem, the source said, is that Google/YouTube won’t tell anyone what its revenue and profits are.

For a corporation that has based its entire business on the sharing of information, it’s somewhat ironic how reluctant it is to share its own.

THE VERGE:
* Google accidentally blocks entire Digg domain from search, is working on a fix

MASHABLE:
* Supreme Court Refuses to Hear $220k Music Piracy Case

This is the third time the court has refused to hear a peer-to-peer piracy case. One of the other cases was that of Joel Tenenbaum, the other person who refused to settle with the RIAA, and was sentenced to pay $675,000 for downloading 30 songs. The Supreme Court declined to hear his case in May.

TORRENT FREAK:
* Spain to Crackdown on Pirate Sites and Outlaw File-Sharing
* isoHunt Loses Appeal Against the MPAA, Keyword Filter Remains
* Fresh Calls to Congress to Make Movie and Music Streaming a Felony
* MPAA: Pirates Can’t Hijack Freedom of Expression

THE SUN DAILY:
* Putting a stop to digital piracy

Internet companies all work together to block IP addresses that broadcast spam (www.spamhaus.org/). This doesn’t “break the internet” or “violate free speech”. The notion that brilliant technologists in the US$400 billion telecom business that is growing at 10% a year and the US$28 billion internet advertising business that is growing 10% a year can’t help make the internet a just and ethical marketplace for musicians is false.

DIGITAL TRENDS:
* Set-top showdown: Apple TV vs. Roku 3 vs. Boxee Box vs. WD TV Play vs. Google TV

TORONTO STAR:
* Government urged to invest in music industry to drive economic activity

Music Canada has come up with 17 recommendations in a report, “The Next Big Bang: A New Direction for Music in Canada,” released at Canadian Music Week this week.

SPYGHANA:
* Dying Musicians cry out over 1M CD sales drop to 50K

The National Chairman of Ghana Musicians Rights Organisation (GHAMRO,) Mr. Carlos Sakyi, has lamented the increasing rate of piracy in the industry saying it is collapsing Ghana’s music industry.

THE INDIAN EXPRESS:
* Piracy Equals Drunken Driving

Flipkart made a clear distinction about guilt-free downloads, paid or otherwise. It was an affirmation that downloading music (or movies) off torrents has now become a sort of uncool behaviour…much like drunken driving.

THE FUTURE OF COPYRIGHT:
* Controversial copyright bill passes German Upper House

On 1 March 2013, the Bundestag, the Lower House of the German Parliament, approved a new legislative proposal that aims to protect the copyright of publishers on the Internet. The new bill would require search engines and news aggregators like Google News to pay a fee for displaying content longer than “individual words or short excerpts” (snippets). Read more in our previous article on this topic.

THE DEANS LIST:
* Music, Copyright and New Technology in the News From a Creator’s Perspective

THE LEFT ROOM:
* Piracy, free books, etc

5. What I think

I have endless and fantastically violent contempt for the sites making money off the back of work they didn’t help create, and for the people behind them. I have nothing, really, against the ordinary people who illegally download my books – I can’t stop you, most of you wouldn’t have bought them anyway, and I just hope that, if you enjoy them, you consider buying some of them at some point, to support not just me, but also the other people, less visible, whose work made my books possible in the first place.

WIRSINDLEGION:
* The Pirate Bay and human rights

STOP THE CYBORGS:
* Google Glass ban signs

For a complete listing of every weekly update of the Artists Rights Watch, CLICK HERE!

Artists Rights Watch – Monday March 18, 2013

DIGI DAY:
* Why is Ad Tech Still Funding Piracy?

Visit the top torrent search engines, and you’ll find ad calls from Yahoo, Google, Turn, Zedo, RocketFuel, AdRoll, CPX Interactive and others. These sites exist to connect people with illegal downloads of intellectual property, a practice that’s estimated to cost the U.S. economy $20 billion in the movie industry alone. No matter your feelings about U.S. copyright laws, they are laws, and there’s no doubt these sites facilitate illegal behavior, even if they don’t house the content themselves. The oxygen that sustains many of these sites is advertising, delivered by the vast archipelago of the ad tech industry.

According to AppNexus CEO Brian O’Kelley, it’s an easy problem to fix, but ad companies are attracted by the revenue torrent sites can generate for them. Kelley said his company refuses to serve ads to torrent sites and other sites facilitating the distribution of pirated content. It’s easy to do technically, he said, but others refuse to do it.

“We want everyone to technically stop their customers from advertising on these sites, but there’s a financial incentive to keep doing so,” he said. “Companies that aren’t taking a stand against this are making a lot of money.”

JUNKEE:
* The Case Against Free

What is the difference between the writer who can’t sustain a career because of publishers who are unwilling to pay them because the next person will do it for free, and the musician who can’t afford to play in their band because taking time off work to play some shows makes their vocation unsustainable?

THE ONION (Thanks CopyHype!):
* Word ‘Innovate’ Said 650,000 Times At SXSW So Far

Bryant additionally confirmed the absence of the less common phrases “investment model,” “practical business strategy,” and “economic realities,” which together have been mentioned a total of zero times.

LIFE HACKER:
* Why I Stopped Pirating and Started Paying for Media

For a period I pirated everything I could. As technology pushed forward, it became less necessary, and now I don’t even bother. Here’s why.

Piracy affects pretty much every part of the entertainment industry from big corporations to independent creators. While pirating isn’t always immoral (say you already own the movie), it is illegal, and while many pirates buy more, that doesn’t mean they buy everything they pirate—and that hurts the industry in question, particularly when you’re talking about independent creators.

THE CHICAGO TRIBUNE:
* For Amanda Palmer, it takes a village

she also fretted that not every artist — PJ Harvey, Jeff Mangum, Elliot Smith, to name just a few — can be or wants to be as “hyper-social” as she is. “It’s our collective responsibility to help them because they’re not as loud,” she said.

THE WASHINGTON POST:
* Hey Internet, where’s the outrage?

Given CISPA’s legal benefits to private companies such as Google and Facebook, it’s easier to see why the corporate pillars of the Internet haven’t jumped on the outrage bandwagon.

However, it’s not as clear why other major Internet players, such as Craigslist or Wikipedia, who participated in SOPA protests aren’t being as vocal now.

COPYHYPE:
* “Manifestly ill-founded”: Pirate Bay Free Speech Argument Tossed

a unanimous chamber at the European Court of Human Rights held that the massive infringement the site enabled justified any interference with the site founders’ free expression rights. The Court, in fact, said that the founders’ appeal on free speech grounds was “manifestly ill-founded.”

MUSIC WEEK:
* More music pirated than TV, film and games combined – new Ofcom report

Ofcom has published a new report tracking online copyright infringement during Q3 2012, with music seeing far higher volumes of piracy than TV, film, video games, software and e-books combined.

PRECURSOR:
* Cellphone Unlocking Effort a Trojan Horse to Gut DMCA Digital-Locks Copyright Enforcement

Remember, this new Fix-the-DMCA coalition is just a new PR face for the old Free Culture/Free Software movement that does not believe software and digital information should be copyrightable, patentable or proprietary. It can’t be said enough that their definition of a “free and open Internet” is where “free” means no payment or permission required and “open” means no property respected.

Amazingly this movement opposes the principle of digital “locks.” In our society most people lock their house, yard, room, car, bike, money, etc. Locks are our friend and our protector. Locks are only the enemy to those who seek to take something from someone without their permission. We lock what has value and what we want to protect or control.

TECH LIBERATION:
* Who Really Believes in “Permissionless Innovation”?

That’s a great question, but let’s ponder an even more fundamental one: Does anyone really believe in the ideal of “permissionless innovation”? Is there anyone out there who makes a consistent case for permissionless innovation across the technological landscape, or is it the case that a fair degree of selective morality is at work here? That is, people love the idea of “permissionless innovation” until they find reasons to hate it — namely, when it somehow conflicts with certain values they hold dear.

NEW YORK TIMES:
* Google Concedes That Drive-By Prying Violated Privacy

Google on Tuesday acknowledged to state officials that it had violated people’s privacy during its Street View mapping project when it casually scooped up passwords, e-mail and other personal information from unsuspecting computer users.

LA TIMES:
* SXSW 2013: Spotify predicts a ‘decent living’ for artists

“My goal is to not just convert the 24 million into buying [a subscription],” Ek said. “My goal is to get  1 billion using streaming services rather than a piracy service.”

DIGITAL MUSIC NEWS:
* Because as Long as Fans Aren’t Stealing, It Must Be Okay…
* The European Court of Human Rights Rejects an Appeal of The Pirate Bay Verdict…
* Why Those Who Claim Copyright Enforcement Stifles Innovation Are Wrong.

If, as anti-copyright campaigners claim, copyright stifles innovation, then how come the interfaces of pirate websites are so unimaginative and, let’s face it, crap?

DIGITAL TRENDS:
* Indie band Quiet Company and the terrifying, murky waters of streaming sites and social networks

“After everything, I’m not sure there is a new model. The old model is still the model, it’s just that the Internet made it way worse.”

HYPEBOT:
* On Gaining Visibility Through Grooveshark: Mike Masnick vs. Bruce Houghton

But there has to be a line that we don’t cross. If I told Quiet Company that they could build their fanbase by working with a company that stole musical instruments from working musicians, would that be an acceptable path to success?

TORRENT FREAK:
* Kim Dotcom: “I Will Never be in a U.S. Prison”

BRETT DANAHER:
* Explanation of Megaupload Study (or: Econometrics 101)

Perhaps lots of invisible fairies *just happened to appear in January 2012* in countries with high Megaupload use and told consumers to start buying more movies.  And some fairies appeared in medium Megaupload countries and told consumers to start buying a few more movies.  And no such fairies appeared in low Megaupload countries.  But how likely is this counter-explanation?

ARL POLICY NOTES:
* Notes from Register Pallante’s “The Next Great Copyright Act”

Stronger Enforcement

—The new law must respect the integrity of the internet, including free speech

—There needs to be, however, a mix of legislative and voluntary efforts to combat infringement online

—On solution may be to increase criminal penalties for streaming, or at least bring them in line with the penalties for distribution through downloads

DOTTED MUSIC:
* Music Industry Plagued By Retitling Of Songs #Infographic

A new infographic report “State of the Music Licensing Industry: 2013” just published by The Music Licensing Directory provides alarming new data that shows an increasingly problematic music licensing landscape for recording artists, labels and publishers.

MUSIC TECH POLICY:
* Best SXSW Panel: Recording Academy’s Artist Rights Panel Includes…Artists! @nakia, @davidclowery and @eastbayray1
* Pandora Promo Campaigns: Disinformation by Internet Radio Fairness Coalition?
* SXSW: The Governor’s Salute to Texas Music (Don’t Tell the Broadcasters)

For a Complete Archive of all Weekly News and Updates [CLICK HERE].

Artists Rights Watch – Monday March 11, 2013 #SXSW @SXSW South by Southwest Edition

FASTER LOUDER:
* The Freeloading Generation: Are we loving our music to death?

“I saw that freeloading was no victimless act, nor was it simply a matter of beating up on bloated corporate media entities.

It is a potent combination of laziness and selfishness, concealed under a thin superficial haze of digital idealism and anti-corporate bitterness.”

NPR / ON THE MEDIA :
* Meet the New Boss, Worse Than the Old Boss

David Lowery of bands Cracker and Camper Van Beethoven thought the internet would become a vibrant new marketplace for creators. Instead, he says, the internet era is worse for artists than the infamously unfair record company system. Brooke talks to Lowery about what’s wrong and how to fix it.

THE WALL STREET JOURNAL:
* As Pirates Run Rampant, TV Studios Dial Up Pursuit
* Movie Sales Increased With Shutdown of Piracy Sites

THE ILLUSION OF MORE:
* New Reports on Piracy
* Another Must Read
* Why is it either/or?

we are blessed to have a society that produces both the Amanda Palmers and the John Irvings; and I don’t understand why anyone thinks we need to choose a system that would favor one over the other. Believe it or not, the one unifying principle that supports these two artists, as well as all others, is copyright.

FOX NEWS:
* Washington must get serious about protecting intellectual property

The desire to see the Internet remain free and open does not mean, however, that we should countenance lawlessness. A balance must be struck between the needs of content creators and the advocates of a free and open Internet. The “rules of the road” are still to be written and, when they are, the need to protect U.S. generated intellectual property should be foremost in the minds of legislators.

The Internet and the world of e-commerce will not continue to grow and thrive either in an environment of overbearing regulation or in one which turns a blind eye to theft and other forms of lawlessness. Freedom and safety are complementary; the American people deserve both. The Internet must not become a haven for hackers and foreign criminals.

TRUST ME I’M A SCIENTIST:
* Input\Output Podcast: David Lowery and the Future of Artists’ Rights

MUSIC TECH POLICY:
* Joe Kennedy Departs Pandora
* The Google Whistle Speaks Its Mind–and it’s worse than you thought

FOX BUSINESS:
* Microsoft Establishes Cybercrime Center to Combat Piracy, Malware

The new center will consolidate Microsoft’s digital crimes and Internet piracy units into one advanced operations center on its Redmond, Wash., campus. It will give the company one center to coordinate investigations with governments and law enforcement agencies. A staff of 30 there will work with 70 other Microsoft investigators world-wide to focus on malicious software crime, technology-facilitated child exploitation and piracy.

THE VERGE:
* Radiohead, Nine Inch Nails, and other digital pioneers sour on ‘pay what you want’ music

Not long ago, many hoped the Internet would emerge as a music fan’s Shangri-la, a utopian world where any track, no matter how obscure, was available for free, record labels were extinct and artists made a good living because their fans chose to reward them. Acts like Radiohead and Nine Inch Nails championed this brave new world.

But that dream has turned into a nightmare…

COPYHYPE:
* Shutting Down Megaupload Did Impact Digital Movie Sales

This week, Brett Danaher and Michael Smith, working at the Initiative for Digital Entertainment Analytics (IDEA) at Carnegie-Mellon University, have released another study looking at this question. The study, Gone in 60 Seconds: The Impact of the Megaupload Shutdown on Movie Sales, found that digital movie revenues from online sales and rentals increased by 6-10% following the January 2012 shutdown of the popular cyberlocker site (Megaupload execs, including Kim Dotcom, are of course currently facing criminal charges in the U.S. for copyright infringement).

ALL THINGS D:
* YouTube’s Show-Me-the-Money Problem

The bigger question is whether YouTube will be able to generate enough ad money for content makers to support the “premium” programming it has been trying to attract so it can compete with traditional TV.

“It’s hard, given YouTube’s low [revenue-sharing] numbers and lack of marketing infrastructure to make the unit economics for premium programming work,” says Steve Raymond, who runs Big Frame, a YouTube network/programmer that says it has generated 3.2 billion views.

VANITY FAIR:
* You Say You Want a Devolution?

For most of the last century, America’s cultural landscape—its fashion, art, music, design, entertainment—changed dramatically every 20 years or so. But these days, even as technological and scientific leaps have continued to revolutionize life, popular style has been stuck on repeat, consuming the past instead of creating the new.

THE PHILADELPHIA INQUIRER:
* Internet piracy getting worse

Artists deserve to be compensated for their efforts, and so should the companies that take risks to promote and distribute their work. Stealing songs and movies to pass among friends or to sell in a black market robs the originators of their incomes.

THE NEW YORKER:
* Aaron Swartz was brilliant and beloved. But the people who knew him best saw a darker side.

BILLBOARD:
* Pandora Opens Up Audience Data to Media Buyers
* Facebook Announces Dedicated Music Tab in News Feed Redesign

THE ORION:
* Punk legend shares insight on file-sharing

INTERNATIONAL MUSIC SOFTWARE TRADE ASSOCIATION:
* What do the numbers say?

THE REASON:
* A Free-Market Fix for Music Copyrights

DIGITAL MUSIC NEWS:
* American Tax Dollars Are Now Assisting Pirate Sites…
* I Teach Guitar to Students Aged 10-24. And This Is How They Consume Music…
* iTunes is ‘Exclusively Streaming David Bowie’s The Next Day,’ Yet It’s Already On Grooveshark…

VOX INDIE:
* Takedown of Megaupload had Positive Result on Movie Sales
* 12 Stepping Through Piracy’s Takedown Maze of Madness
* Spinning Straw Movies Into Gold on YouTube

MUSIC ALLY:
* Can YouTube’s ad revenues support premium video content?

TORRENT FREAK:
* Megaupload Shutdown Boosted Digital Movie Revenues
* French Govt Reports Large Increase in Three Strikes Piracy Warnings

THE REGISTER UK:
* Congratulations, freetards: You are THE FIVE PER CENT

Conspiratorial thinking – such as imagining media barons in secret meetings, perhaps involving the “MAFIAA” – abounds. In America, activists have created a Batman-inspired cat signal, to be beamed to other paranoiacs in distress, whenever The Man is suspected of spoiling their fun. Persecution fantasies abound.

ARS TECHNICA:
* Blues Highway Blues: You can’t separate murder from music

The soundtrack for Blues Highway Blues isn’t meant to be played as you read; there are no in-text notes about tracks fading in or out. Instead, the soundtrack corresponds to events that unfold throughout an entire chapter, making listening a parallel experience, not a simultaneous one.

But this is only the first installment in the Crossroads series, with more on the way. The next installment, Rock Island Rock, will be out in June of this year. That novel will not have its own soundtrack but instead will include lyrics sheets in the appendix (how very Beck Song Reader of him, right?). For now Blues Highway Blues is available—for your eyes and ears.

MUSIC WEEK:
* Warner signs licensing deal for Google subscription streaming services – report
* Hadopi report turns anti-piracy attention to streaming

THE COPYRIGHT ALLIANCE:
* The Curious Case of Cell Phone Unblocking and Copyright
* Innovation and Piracy

I am sure the Wall Street Journal article will generate the predictable commentary about how the solution to online theft lies in developing new business models.  Wolfe Video did just that, and the results do not bear out the claims that piracy is all about failure of imagination.  Moreover, I have yet to hear anyone explain what is innovative or new about stealing the creative work of another and monetizing it through ad sales.

CNN:
* Apple and Google’s huge streaming music gamble

YAHOO:
* Warner Music owner, Bass, Packer finance Beats’ music service

BUSINESS INSIDER:
* Apple Just Met With A Spotify Rival That Has Raised $60 Million