Artists Rights Watch – Monday Feb 11, 2013

A Weekly Recap of Artists Rights, Copyright and Technology News for Creators from Around The Web

* Reappearing on YouTube: Illegal Movie Uploads

The recent problematic uploads may have undercut the rental effort. Movies produced by Disney’s Touchstone Pictures, such as “I Am Number Four” and “Shanghai Noon” are available free on YouTube, even though the studio struck a rental deal through the site.

* Spotify Listener Data Used To Predict Grammy Winners

* Pirate sites are raking in advertising money from some multinationals

Sites such as Pirate Bay often portray themselves as altruistic, non-profit “freedom fighters”, when the truth is they’re nothing of the sort – their exploitation of artists for their own monetary gain is far worse than the most unscrupulous labels ever were, as they pocket large sums of ad revenue without having to invest it into developing the content they flog.

* Pirate Site Isohunt Selling Dead Kennedys Tickets

* Japan’s ‘Operation Decoy File’ to help deter online piracy

* Music, Copyright and New Technology in the News From a Creator’s Perspective 02/05/2013

* Friday’s Endnotes – 02/08/13
* Bringing Reality Back to Copyright Debates

Smith and Telang found that of the papers based on empirical data (as opposed to theoretical models), 25 found economic harm from piracy, while only 4 found little or no harm. And for those who are skeptical of non-academic papers: Smith found that 12 peer-reviewed papers published in academic journals found a negative impact from piracy while only 2 did not (and there are legitimate questions concerning the methodology of those 2 outlier papers, some of which are explored in Stan Liebowitz’s 2005 article Economists’ Topsy-Turvy View of Piracy).

Evidence like this, of course, does not tell us where to go from here. But it is amazing how many who join with skeptics of copyright either don’t know about the scholarly record on piracy or don’t care.

* The Average TuneCore Artist Now Makes $120 a Year…
* Spotify Executive: “We’re Totally Transparent, and We Definitely Live by That Principle.”
* In Just 3 Years, P2P Usage Has Dropped 35% In France…

* We Need Strong Copyright Laws Now More Than Ever

So why does CEA attack songwriters in this way? Flawed logic. They reason that member companies can make more money if they pay songwriters and other creators less. The truth is that music creators and technology companies need each other. Many innovative and wonderful music-related products are made by CEA members. But many of these products have no purpose without music. The copyright and associated costs—often pennies on the dollar—are deemed harmful. Make no mistake, the companies of the CEA believe in intellectual property. Just ask them about their own intellectual property, such as their patents or trademarks.

Mr. Shapiro’s conclusion is that copyright laws are hurting America. Nothing could be further from the truth.

* Next-gen Xbox will require constant net connection

* Recording Academy Chief on the Grammys, Pandora and Getting Artists Paid (Q&A)

The problem is, in the transition of all this, we have to remember that it all comes back to the men and women who are creating this wonderful music, and do they have a real ability to make that a full-time vocation as opposed to a part-time hobby?

* Fines to replace disconnections for internet pirates?

* Why Telstra plans to slow you down to fight online piracy

Telstra will soon conduct a “limited trial of a range of technical options for better managing broadband internet performance for our customers during peak periods”. One of those options is to “shape”, as the industry euphemism puts it, customers’ access to peer-to-peer (P2P) file distribution networks such as BitTorrent.

* Anti-piracy letter plans face delay over costs

* The 25 Most Important Civil Rights Moments in Music History

* Business Matters: MP3 Stores Harder to Find as Google Search Removal Requests Accumulate

Legitimate MP3 links are becoming harder to find even as the RIAA has sent more than 3,400 removal requests to Google relating to approximately 10 million specific URLs from its search results. Legal stores like Amazon and Myxer, as well as legal streaming sites like YouTube and legal streams and downloads at music blogs, are buried under more illegal MP3 links than when examined 30 artists in November.

Now, using the same 30 artists as before, it took an average of 11.06 search results to find the first legal search result of any kind and 26.84 search results to find the first legal MP3 store. In November, the results were 7.9 and 11.75, respectively. (Each search was conducted by typing in “MP3” and then the name of the artist. Two spellings were used for Ke$ha and P!nk.)

* Input\Output Podcast: David Lowery and the Future of Artists’ Rights

* Music Piracy’s Search Problem: Recording Industry Bringing the Fight to Google

* Pirating or advancing; Debating illegal music downloads – Stealing intellectual property is still a crime

The debate against music piracy has also decreased in popularity. Illegal downloading has become a socially accepted practice and as friends talk about what music they recently downloaded, they forget that they are discussing a crime.

Because of piracy, the music industry is in a downward spiral. And when the time comes for our favorite musicians to pack up their instruments and cancel their tours, we will look at each other, dumbfounded, wondering what could have caused such misfortune to manifest. We will blame the labels. We will blame iTunes. We will demonize Justin Bieber and denounce greed.

But what is really holding the industry back isn’t the greed of the structure. It’s the greed of the people who believe they have the right to all the music they want without paying for it. For the love of music, buy the album and appreciate it for what it is worth.

* Legal content downloading up in France, video and TV series stir piracy

* What happens if the price of music falls to zero?

* The Internet Is Not Free by Lowell Peterson Executive Director, Writers Guild of America, East

So far, the brightest minds in the business have not figured out how to replicate the revenue streams currently generated by television advertising, theater tickets, and DVD sales, so the market for programs created directly for digital distribution has been pretty thin. Thus, if traditional television and cinema are displaced by the Internet, there will not be enough high-quality content for the ISPs to distribute unless we can figure out how to generate more money to pay people to create it.

* 25 Thoughts On Book Piracy

* Pandora’s active listeners dropped by 1.5m in January

* Google’s Media Barons

As a journalist and board member of the Authors Guild, I’ve watched in dismay as writers, living and dead, have suffered steep drops in income and copyright control thanks to Google’s — and its smaller rivals’ — logistical support for pirating and repackaging everything that we writers, editors, and publishers hold dear. From the humblest newspaper reporter to the most erudite essayist, we do the work, we invest the money and time, some of us risk our lives — and Google, broadly speaking, reaps the benefits without spending a dime.

* What You Can Do Today to Stop Brand Sponsored Piracy Through Touring Contracts or Sponsor Deals: Artists Helping Artists
* Yes, Piracy Does Cause Economic Harm
* Streaming Services Ranked By “Artist Friendliness”
* Wolves in Sheeps Clothing Criminalizing All Who Oppose Them But for He Who Brings the $unlight: The Troubled, $trange, Fearful, Frightened World of Gary $hapiro, the Diogenese of Anti-Copyright Lobbyists
* Google, Advertising, Money and Piracy. A History of Wrongdoing Exposed.
* Google’s Dehumanized “Safe” Advertising Practices in Gmail: More Laughs From the Leviathan of Mountain View
* Music Streaming Math, Can It All Add Up?
* One Bad Apple: The Complete Checklist on Google’s “Non Anti-Piracy” Anti-Piracy Policies

Artists Rights Watch – Sunday Feb 3, 2013

Grab the coffee!

Recent Posts:
* Over 50 Major Brands Supporting Music Piracy, It’s Big Business!
* @pepsi and @beyonce @superbowl Ads Supporting Pirate Lyrics Site That Exploits Adele and Skyfall
* Derek Khanna is Wrong: Copyleft Mystery Man’s Misleading Memo Creates its Own Myths…
* It’s Not Whack A Mole if You Own the Mole: New York Times Coverage of Brand Sponsored Piracy
* Zero Dark Thirty, Best Picture Academy Award Nominee, Exploited by AT&T, Verizon, MetroPCS, Nissan, H&R Block, British Airways, Progresso, and more…
* #StopArtistExploitation – Tweet Daily for Artists Rights!
* Underreporting and No Accountability: Another Reason Streaming Royalties are So Small
* Internet Pay To Play: Payola’s Revenge – Guest Post by Robert Rial of Bakelite78

From Around The Web

* YouTube Stars Fight Back

“I woke up today hoping to make a video, but I went into a call with Machinima this evening and they said that my contract is completely enforceable. I can’t get out of it,” Vacas tells the camera. “They said I am with them for the rest of my life — that I am with them forever.

“If I’m locked down to Machinima for the rest of my life and I’ve got no freedom, then I don’t want to make videos anymore,” he says quietly.

The screen fades to black.

* Playing Whac-a-Mole With Piracy Sites
* As Music Streaming Grows, Royalties Slow to a Trickle

Spotify, Pandora and others like them pay fractions of a cent to record companies and publishers each time a song is played, some portion of which goes to performers and songwriters as royalties. Unlike the royalties from a sale, these payments accrue every time a listener clicks on a song, year after year.

The question dogging the music industry is whether these micropayments can add up to anything substantial.

“No artist will be able to survive to be professionals except those who have a significant live business, and that’s very few,” said Hartwig Masuch, chief executive of BMG Rights Management.

* Online pirating: sponsored by many brands, and now, one government.

* How Jobs In The Media Industry Got Demolished In The Last 10 Years [Charts]

The Bureau of Labor Statistics has put together a presentation on the recent history and direction of media jobs. It’s not pretty.

* Piracy, Free Books, etc

* Does Piracy Hurt Digital Content Sales? Yes

* Photographers find support in House of Lords in copyright fight

* Ray Charles’ Children Win Lawsuit Over Song Rights Termination

* TOOL Frontman Sounds Off On Illegal Downloading, Music Industry And Digital Distribution

“There’s a disconnect between people not buying music and not understanding why [bands] go away. There are people who are like monkeys in a cage just hitting the coke button. They don’t really get that for [musicians and artists] to do these things, they have to fund them. They have to have something to pay the rent.”

* New Spotlight on Piracy Profitmongers

* Think File Sharing is Sticking it to The Man? Really?
* On Being a Luddite

* Yes, Piracy Does Cause Economic Harm

Decisions about business and policy have to be made based on the best information we have available. After a certain point, simply poking holes in studies — particularly those whose results you don’t happen to like — isn’t sufficient.

It may indeed, as the GAO suggested, be impossible to measure the economic effects of piracy with a large amount of accuracy. But if dozens of researchers have tried, all using different methodologies, then their conclusions in the aggregate are the best we’re going to do. Put another way, it will henceforth be very difficult to dislodge Smith and Telang’s conclusion that piracy does economic harm to content creators.

* LATAM pay-TV operators unite against piracy

* Kamal Haasan fans help curb Vishwaroopam online piracy

* Worldwide Independent Network Announces ‘Independent Manifesto’
* Blink-182’s Mark Hoppus Talks Piracy, Pros and Cons of Digital at MIDEM

“I believe that artists should be paid for their creativity. There’s no other industry where people can come in and take what you create for free and give it away for free and that’s acceptable.”

* U2 manager Paul McGuinness: ‘I don’t want to engage in Google-bashing, but…’
* Irving Azoff sticks it to Pandora and StubHub
* Midem 2013: How the Music Industry Manages Innovation

“We are the last fortress against this YouTube situation, and we are fighting hard on that,” he said. “The problem is the fair price, getting statements and getting all the business plans… The biggest problem to solve the YouTube deal is they want a non-disclosure deal, and we are not allowed by Germany law to do with any partners a non-disclosure [deal]. We have to do it open.”

* Pandora Executives Cash Another $3 Million In January…
* Hey Advertisers: You Might Want to Ask VEVO for a Refund…

* Myspace Allegedly Hosting Unlicensed Indie Music, Merlin Prepares Legal Response
* The Most Honest Interview About the Music Industry Ever, Featuring Jacke Conte of Pomplamoose

“YouTube seemed like a really incredible opportunity, but it’s not repeatable. I don’t know how to make it in the music industry. I don’t think anybody really knows how, and I’m unable to repeat what happened to Pomplamoose.”

* 4 New-ish Pro-Copyright Sites To Read

* Laws of Creation: An Examination of Intellectual Property Rights

* Copyright and Innovation? No. Copyright IS innovation.

* New Order’s Peter Hook: Musicians, Journalists Only People Who Don’t Get Paid for Work

Hook expressed astonishment that in the internet economy, consumers act aggrieved if musicians ask to be compensated for their music or if reporters object to having their stories re-purposed by other news organizations without getting credit or cash.

“If you love and respect music, you should pay for it,” Hook said.

* Creators and Consumers Should Cut the Strings

* Russia Wants To Fine Websites For Poor Copyright Takedowns
* University of Illinois Disconnects Pirating Students, Staffer Asked To Leave
* Pirate Bay Founder Could Be Prosecuted For Hacking “Within a Month”

* Music retail giant puts tunes online (Amoeba Archives Project)

* New look at copyright key to digital boom

* Your content is Freely Shared; their Profit is Closely Held

There’s enormous potential in this ‘Your Content, Their Profit’ crowd-sourcing business model, and it’s turned companies like YouTube, Google and Twitter into multi-billion-dollar corporations.

Whether you realize it not, what you post online (your words, your pictures, your pictures of other people, you name it) becomes someone else’s revenue generating opportunity as soon as you post it.

Top social networking sites build into their user agreements and conditions of use the automatic rights to profit from the content that’s posted (or stored or indexed).

* Meet the new Boss, Worse than the Old Boss

* Creators v. Consumers : Restating the Obvious

* Aaron Swartz and “Hactivision”

Artists Rights Watch – Sunday Jan 27, 2013

Grab the coffee!

Recent Posts:
* Two Simple Facts about Technology and Piracy : iTunes Vs. YouTube
* Kim Dotcom’s “End Of Piracy”, that was easy…
* Obama Inauguration and White House IP Policy via IPEC, Victoria Espinel
* UPDATED: The Real Gangnam Style: Was Google Off a Couple Magnitudes on Earnings Call?
* With Friends Like These: Amazon Advertising Against Illegal Camper Van Beethoven Links While Camper Van Beethoven Gives Amazon Exclusive Content.
* Grammy Award Nominated Black Keys Exploited by… American Express Delta Airlines Card, AT&T, Dish Network, M&M’s (Mars), Nissan and others…

From Around The Web…

* Three Reasons Copyright is Not a Monopoly

* Commodities, Monopolies, Remixes and Rights – A Symphony

Copyrighted works are not commodities, nor are the distributors and users of such works able to operate completely independently – they depend on the creators to provide them with works to distribute and use. Thus, the restrictions imposed by copyright are not a monopoly – a distributor or user can still ply his business with regards to other works, the only thing he cannot do is use someone’s work without their permission. This law is simply an extension of the natural control a creator enjoys when he is the sole possessor of his work.

* Mega Piracy: It’s just the beginning
* Hotfile terminated by Paypal.
* DigiWeb accepting Payments for Kim Dotcom via Paypal and Credit Card

* What I’d tell my own kids about piracy. Why scarcity is a good thing.

* Content Leeches-The Dark Underbelly of YouTube’s Content Monetization
* Chronic, Ill-Gotten Gains–Google’s Web of Piracy Profit

Over the past two and a half years I’ve written extensively about Google’s ongoing link to ad piracy profits. Earlier this month USC’s Annenberg Innovation Lab released a report documenting the fact that search giant is at the head of the pack when it comes to monetizing (and subsidizing) online piracy via its ad networks. The relationship between Google and online piracy seems clear as day.

* Aimee Mann: “My Record Isn’t on Spotify. Artists Don’t Make Money on Spotify.”
* MEGA Declares War on Pirate-Based Google Advertising…
* In the Last Year, Google Takedown Demands Have Increased 1,300%…

* Why Does Google Still Reward Content Scraping?

* Stream-age kicks: Is Spotify a musician’s friend or foe?

* YouTube (and Netflix) Monetize Online Piracy

Google/YouTube will, as always, claim that it’s the rights holder’s job to police YouTube and to request that infringing content be removed.  Of course, in the interim, Google’s happy to make money and Netflix is happy to attract new customers (and make money).

* We’re Kind of Terrified to Search After Sundance’s ‘Google and the World Brain’

* Driving Under The Influence (Deconstructing the “Pirates Buy More Music” Myth)

* 10 Bad Apples of Digital Media

The Thought Leader
They write articles that get published in AdExchanger, Digiday, etc. They sit on all the panels at OMMA, Adtech, etc. Here’s a thought: Stop talking, and do what you say. I’m tired of hearing pitch after pitch about how their company is changing the world with proprietary technology, but when it’s time to put their money where their mouth is, nothing works. Then their reply is, “Well, we’re still in the infancy of this business.” It’s all bullshit, and they know it. But if they can get enough clients on the line and generate enough buzz, some stupid company will acquire them with little to no due diligence.

* A middleman in the great internet copyright debate (Robert Levine)

* Amazon opens music store for Apple devices, songs start at 69 cents

* Kim Dotcom and the decline of HMV are not unrelated

No matter what you think of Kim Dotcom, or upload sites, it’s impossible to deny that people using sites like Megavideo for illegal downloads is a major (though not the only) reason these people are about to be unemployed. Whether that is Dotcom’s fault or that of its users – half a million signed up for Mega in the first 24 hours – is up to the courts to decide. But Dotcom’s assertions that he is opposed to privacy ring false. He claimed that “because of the business model Hollywood has, they are forcing people into piracy,” before arguing that the answer is a flat fee subscription model like Netflix or Spotify. But that isn’t the site that he has launched. He could have done just that but instead, he has intentionally created a new version of Megaupload, the most intricately designed tool for stealing other people’s hard work for free ever made, and simply made it harder for people to blame him.

* Hadopi Plans Large File-Sharing Warning Increase For 2013

* Aaron Swartz

Artists Rights Watch – Sunday Jan 20, 2013

Grab the coffee!

Recent Posts:
* Well this is Embarrassing, a Tunecore Ad on 4Shared…
* Don’t Get IRFA’d: Westergren’s Fake “Tour Support”
* Golden Globe Winner Adele Exploited by American Express, AT&T, British Airways, Target and Nissan

From Around The Web:

* The Silver Lining of the SOPA Debate

* Youtube and Google have money problems

* Creatives Stunning Revolt Against Big Bad Business

As best I can determine, none of the creators of these images were asked to participate in a program that paid them peanuts (a one time payment of $12) and gives away their work hundreds of thousands of times. This is a great deal for Google and its users and a complete disaster for the photographers who participate against their will.

“D-Day” (Deactivation Day) is set for February 2nd and a growing number of contributors are pledging to deactivate their portfolios or pull large numbers of images until the one million image mark is met.

* Photographers plan to remove images from iStockphoto

* More Horror Stories from the Digital Book Bazaar

I have often written that piracy is the biggest threat to the e-book business. (visit Pirate Central). This is a good instance why. – Richard Curtis

* Study: A Majority of Americans Would Support Moderate Piracy Enforcement…

* How to Stop Piracy: Carnegie Mellon Professor Michael Smith at DBW

“The shutdown of Megaupload caused a statistically significant increase in digital sales,” he said, comparing numbers between countries with high Megaupload usage to countries with low Megaupload usage.

* At adult expo, fans hunt autographs while pros battle piracy

* TFC Japan all-out in its anti-piracy campaign

“We have an office here that provides em- ployment as it serves the community it is in. We are grateful that the new anti-piracy laws in Japan recognize the ‘sensur- round’ value of the busi- ness that we bring and the empowering impact of the content that we deliver to our target audience,” says Olives.

“There are naysayers who said that piracy is an unwinnable war,” narrates Lopez. “But we believed that piracy should be treated like a disease that needs to be eliminated. You always start effective disease preven- tion through mass information. People need to know what the disease is and what it does. And you need partners who share the same faith in the cause. We found one in OMB chairman Ronnie Ricketts.”

* Balkans need better intellectual property protection

“Potential investors are not much interested to invest in a country where intellectual rights are not protected,” Blagojevic said, adding that infringement of these rights has caused substantial losses to Serbia’s economy.

Citing International Data Corporation statistics, Blagojevic said the value of pirated software in Serbia in 2011 was estimated at nearly 87 million euros.

“If the piracy rate would be dropped 10 percent, the state budget revenues could increase $20 million [14.9 million euros] and some 10,000 jobs could be opened, primarily in the IT industry,” Blagojevic said.

* If Pandora Can’t Monetize Mobile, Can Anyone?

* What’s all this then? Google’s “Ad Cops” Are Missing the Point
* How the Rate Court Cottage Industry is Leading to the Destruction of Collective Licensing
* Brand Sponsored Piracy and Award Shows: British Airways Delivers the ultimate insult to Adele

* Keen On… Incubus: Limousines, Feeling Dirty and Being Kicked In The Balls (TCTV)

* Ted Cohen On Music Tech And The Music Industry [INTERVIEW]

Do you still favor subscription over advertising-based music services?

Yes, I do. I don’t think that the advertising model so far has proved to be sustainable. I think that we have undervalued subscription. I am paying $150 a month for cable. I watch 20 or 30 hours of TV a week. I probably listen to 50 to 60 hours of music a week. I’d argue with you that music is worth more than $10 a month subscription service.

The labels were so concerned about (piracy)—and I was there at the time—that we had to come up with a price that was just a little bit more than free to convince people that they should pay. So far, we have not been able to raise the price. I think that music is worth at least $20 or $25 a month.

* The Google Lobby Defines Big Internet’s Policy Agenda

* Is Kim Dotcom’s New Site, Mega, The Wild West Of Piracy?


CES Panel Moderator and CNET writer Declan McCullagh discloses artists and creators representatives were not actually invited despite CES claiming they were. As we reported, the panel was comprised of anti-artist and anti-copyright publicly acknowledged Google paid shills.

* Yes and No (Lessig, Swartz and Society)

Artists Rights Watch – Sunday Jan 13, 2013

Grab the coffee!

Recent Posts:
* The Copyright Policy Reality Gap
* Free Culture’s Epic Fail – If Free is Working, Why Fight Copyright?
* Reading Between The Lines Google Tells The Truth On Ad Supported Piracy
* “Maintain Choice For Everyone” Vint Cerf On Internet (and Google) Regulation #2013CES
* The Return of Orphan Works: Trojan Horse: Orphan Works and the War on Authors by Brad Holland, Part 5 (Conclusion)
* CES Fart Club aka The Slaptastic “Pro-Artist Copyright Policy Panel” features Anti-Copyright Advocates and Google Named Shills #2013CES


* Verizon Copyright Alert System Would Throttle Internet Speeds Of Repeat Online Pirates
* Copyright Alert System: How ISPs Will ‘Break Your Internet’ If They Catch You Pirating

* Paying Attention to the Echo Chamber at CES Copyright Panel Discussion

I think it’s safe to say that, before we were on the Internet, before everything could become sharable data, that nobody would rationally have argued that selling bootleg CDs out of a car trunk would be an act protected by free speech. That being the case, the philosophical/legal question is, “What’s really changed?”

* Youtube Allows Pirate “Partners” to Profit From Illegal Movie Uploads
* R.I.P. myArtCinema2 (A.K.A. YouTube Pirate)

* Photography industry shows mass opposition to government copyright changes

More than 70 organisations representing photographers, agencies and picture libraries – from Associated Press, Getty Images, Magnum Photos to the Press Association, Reuters and Tate – have joined forces, urging Parliament to vote against proposed changes to UK copyright law, BJP can exclusively reveal

* Curtis Agency, E-Reads Deploy Program to Neutralize Pirates
* Long Before E-Book Revolution, War for Control of E-Rights Was Lost

* Levi’s Was First. Now, Several Major Brands Want to Pull Their Pirate Site Advertising…
* Spotify Is Now Deploying 6 Different Types of Cookies…
* It’s Official: Vinyl Sets Another Sales Record In 2012…

* Consumer Electronics Show’s Copyright Panel – Certain Artists Need Not Apply

* Album Sales Down in 2012, But Digital Shows a Healthy Boost

Digital-track sales enjoyed 5.1% growth to 1.34 billion units and thanks to that robust performance, album sales plus TEA (track equivalent albums whereby 10 tracks equal one album), only declined 1.8% for the year.

* RapidShare: Traffic and Piracy Dipped After New Business Model Kicked In
* Verizon’s “Six Strikes” Anti-Piracy Measures Unveiled

* Copyright and the 113th Congress

Artists Rights Watch – Sunday Jan 6, 2013

Happy New Year! Grab the coffee!

Recent posts from The Trichordist:
* First USC-Annenberg Brand Supported Piracy Report and Google Response
* Trojan Horse: Orphan Works and the War on Authors by Brad Holland, Part 2
* Trojan Horse: Orphan Works and the War on Authors by Brad Holland, Part 3
* Trojan Horse: Orphan Works and the War on Authors by Brad Holland, Part 4
* What the FTC Should Know About Brand Sponsored Piracy and Google’s “Pinto Problem”


* What Turned Jaron Lanier Against the Web?

“I’d had a career as a professional musician and what I started to see is that once we made information free, it wasn’t that we consigned all the big stars to the bread lines.” (They still had mega-concert tour profits.)

“Instead, it was the middle-class people who were consigned to the bread lines. And that was a very large body of people. And all of a sudden there was this weekly ritual, sometimes even daily: ‘Oh, we need to organize a benefit because so and so who’d been a manager of this big studio that closed its doors has cancer and doesn’t have insurance. We need to raise money so he can have his operation.’

“And I realized this was a hopeless, stupid design of society and that it was our fault. It really hit on a personal level—this isn’t working. And I think you can draw an analogy to what happened with communism, where at some point you just have to say there’s too much wrong with these experiments.”

* Copyright Rules and the Art They Inspire

* The Year in News 2012

* The ‘Digital Economy’ in 2012: A big noisy hole where money should be

“Privacy and copyright are two things nobody cares about,” Mark Bide told us, “unless it’s their own privacy, and their own copyright.” How true.”

* Report links Google, Yahoo to Internet piracy sites

* Instagram Still Has the Right to Commercialize Your Work (or Why You Should Read Terms of Service Carefully)

* Google, Yahoo accused of funding piracy

* Keen On… Piracy: How Online Ad Networks Are Supporting The Major Pirate Movie And Music Sites [TCTV]

Annenberg’s Advertising Transparency Report should be seen as a wake-up call to brands to invest their advertising dollars in legal networks like Spotify or YouTube rather than pirate sites. Pretty simple, eh? Let’s hope that Madison Avenue wakes up to the troubling implications of Taplin’s report and shifts all its online advertising dollars to movie and music sites which actually pay artists for their content.

* More Evidence Ad Dollars Fuel Web Piracy

* Towards a Bill of Rights for Online Advertisers

* The Takedown-Why the DMCA has failed

* David Lowery makes list of people who changed the music industry.
* Collateral Damage: How Free Culture destroys advertising.

* lose Paypal. Resellers to follow.
* UltraMegaBit: A Crime Committed on American Soil
* Avangate forced to drop file sharing sites. More sites poised to lose Avangate payment processing.

* Abject Looting Continues at Pandora…
* In France, 92% of Pirates Never Receive a Second Warning Letter…
* Growth of Paid Downloads vs. Streaming, 2012 vs. 2011…

* Top 10 Most Popular Torrent Sites of 2013
* Music Biz Wants To Block Pirate Bay….Plus 260 Additional Sites
* IMAGiNE BitTorrent Group Leader Sentenced To Five Years in Prison
* Identifying Pirates Now Easier Following Swedish Supreme Court Decisions

* A look ahead to 2013

* Most popular intellectual property and technology law blogs

Final Recap, News and Last Links of 2012…

Grab the coffee!

Recent Posts:
* What Can Songwriters Do: Copyright Office Comment Period Ends Today for Mechanical Royalty Statements of Account
* The Return of Orphan Works: A Review of the 2008 Shawn Bentley Orphan Works Act Part 1
* Ending Decade Old Arguments : How the Promise of the Internet has Failed Artists and Musicians…
* Billy Corgan Exploited By… Citi Bank, AT&T, Target, Virgin Atlantic, Mazda, Neiman Marcus, Musicians Friend, Hertz, BMW, Audi, Boston Market, Urban Outfitters, Williams Sonoma
* Songwriter comments on Section 115 Rulemaking
* FTC Treats Google With Kid Gloves and No Transparency
* Fair Pay for Air Play, Terrestrial Radio Performance Royalties for Musicians
* The Piracy-Pandora Connection: Can the Super Bowl, Oscars and Grammys Move the Needle on Brand Supported Piracy?
* The Return of Orphan Works: Trojan Horse: Orphan Works and the War on Authors by Brad Holland


Seattle Weekly:
* It’s Time for Artists to Fight Piracy as Vigorously as They’ve Challenged Pandora

“…it’s time for artists to band together to set the story straight. Don’t leave it to the few brave enough to speak strongly on the matter. There needs to be a large, coordinated effort by bands big and small to tell their story–to sign a letter to fans explaining how devastating piracy is to their ability to make music for a living (or at all).”

Vox Indie:
* IP and Instagram–a Teaching Moment Perhaps?
* Should More Artists Speak Out Against Piracy?
* Creative Commons Celebrates 10 Years

CNN Money:
* Instagram can now sell your photos for ads
* Instagram says it won’t sell your photos to advertisers

* Freeloading: How Our Insatiable Hunger for Free Content Starves Creativity, by Chris Ruen

The Guardian UK:
* Intellectual property crime unit to be set up by City police

Torrent Freak:
* U.S. and Russia Announce Online Piracy Crackdown Agreement
* Anti-Piracy Chief Patents “Pay Up or Disconnect” Scheme

* “T-Shirts and Touring” as Revenue for Artists just took a left Turn (YOLO)

Brian Pickings:
* The Best Music Books of 2012

Digital Music News:
* 10 People That Totally Changed the Industry In 2012…

(11) Oh, there’s one more guy…In one fiery and insanely-viral post, performer and professor David Lowery somehow managed to reframe the entire debate over technology, piracy, and the plight of the artist. And, draw attention from seemingly every corner of both the tech and creative communities. It was the biggest post of the year for the music industry, and potentially, the start of a very different type of discussion in 2013.

* Major Label Lobbying vs. Google Lobbying, 2012…
* The State of Music Subscription, December, 2012…
* USC Is Now Researching the Amount of Advertising Flowing Into Pirate Sites…
* Google Exec: If You Really Want to Kill Piracy, Then Kill the Advertisers Who Support It…

Ad Land:
* Senate passes a resolution asking to drop adult classifieds
* Adland booted from Google Adsense due to PETA’s misogynist ads

Copyright Alliance:
* Capitalist Copyrights: A Republican Reply to “Three Myths about Copyright”
* MUSIC Act introduced
* YouTube Moves for Safe Harbor Against Viacom

Daily Dot:
* YouTube strips Universal and Sony of 2 billion fake views

The Cynical Musician:
* Copyright and Scarcity

Weekly Recap News & Links Sunday December 9, 2012

Grab the coffee!

Happy Holidays, it’s been a slow week at The Trichordist following the ongoing IRFA and RSC meltdowns…


The Drum:
* New international reports will name and shame brands which advertise on websites that feature pirated film and music content

Background Briefing with Ian Masters:
* Is the Door Closing for Musicians in Digital Age?

* Selling the Canadian government and wives on the same networks : demand accountability now
* Let the social media Cola Wars begin
* Istagram pulls twitter integration, need to puff their own site stats to ‘monetize’ and keep investors happy

Paid Content:
* If you want to hurt pirates, target their ad money says rockstar

Seeking Alpha:
* Pandora, The Underpants Gnomes, And Sirius XM

Vox Indie:
* (Another) Misleading Study (Sort of) Claiming Piracy is Good for the Movie Biz…
* Google Search #FAIL Means More $$$ for Them

* Does Copyright Involve Scarcity?

Ethical Fan:
* Torrent Freak: US BitTorrent Traffic Grows 40% from 2011 (Sandvine)

Torrent Freak:
* NZBMatrix Shuts Down Citing Piracy Troubles
* Record Labels go to High Court to Force More ISPs to Block Pirate Bay
* Pirate Bay Proxy Loses Domain Name to Anti-Piracy Boss

Digital Music News:
* US Album Sales Down Just 4% On the Year…
* iTunes 11: Be Very Afraid, Spotify…
* Major Labels: We Spend Up to $1.4 Million Developing a New Artist…

The Illusion of More :
* The Opaqueness of Transparency
* Why isn’t the Internet breaking?
* Google Protects IP (its own)

The Washington Post:
* Justice Department meets with firms seeking Google antitrust probe

Business Insider:
* Google Is One Vote Away From Being Slammed With A Massive Anti-Trust Suit By The FTC

Weekly Recap and News Sunday Nov 11, 2012

Grab the coffee!

Recent Posts:
* Madison Avenue and Media Piracy, Are Online Ad Networks the Birth of SkyNet?
* Bad News, Good News, Bad News. Internet Radio “Fairness” Act Sponsor and Conservative UT Congressman Chaffetz Taunts Musicians; Admits to Belief in Evolution; Urges Government Interference In Markets.
* Muzzling Free Speech By Artists: IRFA Section 5 Analysis
* Lobbyist For CCIA Makes All Kinds of Wild Claims About Copyright Management Organizations. BMI ASCAP SOCAN SAMI Included in Charges of Corruption.

From Around The Web:

Friday’s End Notes 11/09/12 (Essential Weekly Reading)

Dan Ariely
How to Stop Illegal Downloads
“Before it was my book being illegally downloaded, I was more on the “Information wants to be free” end of the spectrum. The sudden, though predictable, shift in my feelings when I found my own work being downloaded for free was a jarring experience.”

Digital Music News
Goldman Sachs Is About to Invest $100 Million In Spotify…
Dear Pandora, You Totally Suck. Signed, Songwriters…
Pandora Is Now Suing ASCAP to Lower Songwriter Royalties…

Spotify Is Having A Good 2012: Revenues Could Reach $500M As It Expands The Digital Music Market

Songwriters Are Left Out of Pandora’s Royalty Plan: Guest Post by Downtown Music’s Justin Kalifowitz

The Hill:
NAACP blasts Pandora-backed Internet royalty bill

The New York Times:
A Clash Across Europe Over the Value of a Click

The Precursor Blog:
Google’s Top Ten Anti-Privacy Quotes — Part 3 In Google’s Own Words Series
“We know where you are. We know where you’ve been. We can more or less know what you’re thinking about”Google Chairman Eric Schmidt 10-1-10 per the Atlantic

Torrent Freak:
Supreme Court Rejects Hearing For Pirate Bay’s Peter Sunde
RapidShare Limits Public Download Traffic to Drive Away Pirates
“Six-Strikes” BitTorrent Crackdown May Target Private Trackers

Columbia Journalism Review:
Audit Notes: digital ads, margins of error, freehadists – French publishing’s online revenues make the Americans look good

Music Tech Policy:
IRFA and the Future of Music Policy Summit: Why Would FOMC Miss An Opportunity to Defend Artist Rights?
Stretching the Possibilities of Offensiveness, Pandora Demonstrates How to be Ugly at Scale

The Washington Examiner:
Report: Google and Facebook competing for an Obama cabinet slot

Digital Trends:
Sorry, Internet, SOPA had zero effect on election day results
“Of the 24 House Members up for reelection who co-sponsored or otherwise supported the highly contentious anti-piracy legislation, all but three won reelection on Tuesday. This includes Republican Rep. Lamar Smith, of Texas, SOPA’s author and chief co-sponsor who became the Internet’s Enemy No. 1”

Free Online Music in China Coming to An End?

Weekly Recap Sunday Nov 4, 2012

Grab the Coffee!

Recent Posts:
* Techdirt Is A Never Ending “Dumb Off”
* Untruth in Advertising: Pandora’s Misleading Plea To Listeners On Behalf Of The Internet Radio “Fairness” Act.
* Mellencamp Character Assassination. The New Republic Bravely Stands Up For Corporations and Criminal Groups That Exploit Artists.

From Around The Web:

Ars Technica
Artist who sued Twitter over copyright declares victory—via settlement
The Russian underground economy has democratized cybercrime
Google settles Rosetta Stone lawsuit, its last major dispute over AdWords

Friday’s Endnotes – 11/02/12

Music Producer Tunnidge via Facebook
Tunnidge Facebook Post
“I am going to try and be as obvious as possible. Without being able to make money from our music it effects greatly our ability to make the music, more often it stops us.”

Vox Indie
Where’s Our Outrage When Internet “Free Speech” is Really Under Attack?, a Bridge to Piracy?

The Illusion Of More
On Letting Foxes Mind Chicken Coops

The Register UK
The Big Debate: OK gloomsters, how can the music biz be FIXED?

Zoe Keating
Towards a manifesto
“We can’t just hope that the interests of music and technology companies will always magically align with ours. We have to participate in the process. Otherwise, we just have to accept that anachronistic legislation, policies and deals will continue to be written without our input. We need public policy that reflects us. We need fair royalty schemes. We need companies to build our interests into their business models.”

Popup Pirates
Theft is not “Free Speech”

Music Tech Policy
Mellencamp Is Right, Brand-Supported Piracy Screws Songwriters AGAIN: Snakes in the Grass, @McDonalds, Google and Other Species of Vermin

Digital Music News
It Gets Worse: Pandora Executives Have Dumped $63 Million In Stock In the Last Year…
13 Extremely Scary Things About the Music Industry Today…

Tape Op

Copyright Alliance
“Without free speech, copyright protection is meaningless. The two rights are critical to artists and combined have proven to be a powerful force for social justice around the world. That is why we consistently and openly advocate for a fair and open internet that champions free speech as well as respect for authorship.”

Torrent Freak
Piracy Topsite Operators Handed Suspended Jail Sentences
IMAGiNE BitTorrent Piracy Group Members Jailed
BitTorrent Pirate Ordered to Pay $1.5 Million Damages For Sharing 10 Movies
Link ‘Pirate’ Sentenced to Pay $13,000 to NBA, NFL, NHL, WWE and TNA

The trouble with Adsense – abusive porn ads on The Star news site [NSFW]