Category: Artists Rights Watch

YouTube’s DMCA Abuse and Indie Labels: How Google is Blowing it for the Honest People

* * MUST READ * * From Music Tech Daily

Music Technology Policy

In a speech at Canadian Music Week, Beggars Group Chairman Martin Mills was not only right, he was prescient:

Google, the parent of YouTube, [is] one of the companies that have made billions on the back of [the DMCA notice and takedown,] a statutory provision intended to protect ordinary people acting innocently.

Google has now refined the DMCA to a tool to leverage its anticompetitive activities.  Here’s how it works.

1.  Google opens the YouTube platform to unauthorized “user generated content” and says to artists (literally in this case) “Does yuse wants to play whack a mole or make some dough?”  This is called the notice and shakedown.

2.  Google then jams a settlement down the throats of major labels and sticks it to everyone else.  Publishers are next.

3.  Google pays the lowest royalty online with a big advance to majors and spaghetti statements to everyone else that probably…

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by Trichordist Editor

End internet piracy and bring Google to heel | Sydney Morning Herald

Our Attorney-General George Brandis is attempting to reform our copyright law. Meanwhile Google, one of the multi-national companies attempting to avoid paying tax here, is lobbying in Canberra to stop this, by putting forward the following six fundamentally misconceived arguments:

READ THE FULL STORY AT THE SYDNEY MORNING HERALD:
by Trichordist Editor

Congress moves against ad-supported piracy | The Hill

How surprised would you be if you went to your local Honda dealer and bought a car, but when you tried to register it you were told it was stolen property?

What if you went to Target and bought a blender, but when you filled out the warranty card you were told it already belonged to someone else?

Things like this don’t happen, right? Companies like Honda and Target are respectable merchants who would never encourage the distribution of stolen property. Right? Wrong. They do. So do companies like Kraft, Lego, and the makers of Claritin. Every day.

It sounds insane, but Honda, Toyota, Target, Kraft, Lego, and Claritin are spending gobs of money every day to finance theft – whether they know it or not.

READ THE FULL STORY AT THE HILL:
http://thehill.com/blogs/congress-blog/technology/209193-congress-moves-against-ad-supported-piracy

by Trichordist Editor

Van Dyke Parks on How Songwriters Are Getting Screwed in the Digital Age | The Daily Beast

Forty years ago, co-writing a song with Ringo Starr would have provided me a house and a pool. Now, estimating 100,000 plays on Spotify, we guessed we’d split about $80. When I got home, on closer study, I found out we were way too optimistic. Spotify (on par with other streamers) pays only .00065 cents per play.

There’s less support for all the arts today, and the blade gets duller with every cut in arts funding. It degrades dance, opera, even academia and, significantly, the art of journalism. As a result, in the U.S., public opinion suffers from what we call “infotainment.” That’s a genre of media news that is not informing, entertaining, or remedial. And it’s a direct result of a vacuum of patronage (and by patronage, I don’t mean just Medici-style sponsorship but the willingness of all arts consumers to pay for what they listen to, read, and watch, and for the industry to fairly recompense creators).

READ THE FULL STORY AT THE DAILY BEAST:
http://www.thedailybeast.com/articles/2014/06/04/van-dyke-parks-on-how-songwriters-are-getting-screwed-in-the-digital-age.html

by Trichordist Editor

T Bone Burnett’s plea: The piper must be paid| LA Times

Fans can still hear the work of America’s musical pioneers, thanks to online and mobile services. Through downloads and streams and services such as Pandora and Sirius XM Radio, these giants’ recordings continue to captivate and influence young musicians, singers, songwriters and producers.

Yet some of these same companies have made the decision to devalue the music of these artists for their own profit by not paying for it. In doing this, they devalue the substance of their own medium. For the last 20 years we’ve witnessed an assault on the arts by the technology community — especially when it comes to music.

This devaluation is troubling because music is not only the creation of people who make this art for us; it is how they earn a living. Music is how they feed their kids and provide for their futures.

READ THE FULL STORY AT THE LA TIMES:
http://touch.latimes.com/#section/-1/article/p2p-80409552/

by Trichordist Editor

No, Silly, Piracy is Theft | DevTopics

A classic, with illustrations.

A much better analogy for digital piracy is sneaking into a theater to watch a movie.  You are not stealing a copy of that movie, and the theater is free to show the movie to others.  But you are stealing revenue that the theater would have earned had you rightfully purchased a ticket.

So when you pirate music, video or software, you are stealing income from the seller.  You are receiving something of value without paying for it.

READ THE FULL POST AT DEVTOPICS:
http://www.devtopics.com/no-silly-piracy-is-theft/

by Trichordist Editor

File sharing is alive and well, to the tune of 300 million users a month | GigOm

Surprise: P2P isn’t dead, after all. 300 million users swap files via BitTorrent every month, according to new numbers from media intelligence startup Tru Optik, which estimates that every month, more movies and TV shows get downloaded by file sharers than are sold on iTunes, Google Play and Amazon together.

And we’re not just talking about users in countries where media would otherwise be inaccessible. Users in the U.S. download more movies, TV shows, music and software than any other country, according to Tru Optik. The only exception to this rule is video games, where users in Brazil are more active than their U.S. counterparts.

READ THE FULL STORY AT GIGAOM:
http://gigaom.com/2014/05/28/file-sharing-is-alive-and-well-to-the-tune-of-300-million-users-a-month/

by Trichordist Editor

Music Piracy Is and Should Remain Illegal | NoisePorn

The problem is not that the music industry is refusing to change with technology and culture. In fact, I find it spooky that the notion of revamping the system to pander to those engaging in criminal activity is even being uttered. The problem is that we’ve become a society that excuses douchebaggery as a sign of the times; an “everybody’s doing it so, whatever” phenomenon. And, instead of enforcing logical rules (i.e. prosecuting the wrongdoers), we justify the despicable and conjure up excuses for their behavior. Maybe they weren’t hugged enough as children. Or maybe the music industry is being unfair by trying to profit from what some think should be free and accessible to everyone. We then, as if stricken with Stockholm Syndrome, develop a completely warped sense of empathy toward the culprits; bending the fist of justice until the finger of blame points back at the industry and its still bleeding wounds.

READ THE FULL STORY AT NOISE PORN:
http://www.noiseporn.com/2014/05/music-piracy-remain-illegal/

by Trichordist Editor

Merlin on YouTube music payouts: ‘Their figures are by far the worst’ | Music Ally

“The ironic thing is that the service that pays the least is the service that’s the most well funded and run by the biggest company in the world: their figures are by far the worst, whether you measure them on a per-stream basis or a per-user basis. I tend to get myself in trouble when I talk about that company…”

Hence his desire not to name them directly, but quote instead from an interview with Billy Bragg conducted by Music Ally earlier this year. “If we’re pissed off at Spotify, we should be marching to YouTube central with flaming pitchforks,” said Bragg – Caldas read this quote out before delivering his own pointed follow-up. “I can’t say Billy’s right, but I can say that he’s not wrong,” said Caldas.

READ THE FULL STORY HERE AT MUSIC ALLY:
http://musically.com/2014/04/30/merlin-youtube-music-payouts-charles-caldas/

RELATED:

What YouTube Really Pays… Makes Spotify Look Good!

Streaming Price Index : Now with YouTube pay rates!

by trichordist

Amazon’s Streaming Contract Is “Entirely Unacceptable” | Digital Music News

Amazon is trying to bypass US Copyright law and define its own royalty rates

Section 115 of the US Copyright Act is the rate, set by the government, that defines the mechanical royalty rates. Most people know that the statutory mechanical royalty rate is currently 9.1 cents per download or physical “phonorecord” under 5 minutes (and then 1.75 cents per minute thereafter), but few know what the rate is per stream. That’s because the streaming rate is based upon the streaming service’s number of subscribers and users. More subscribers to the service equals higher mechanical royalty rates.

For the record, Spotify, Beats and the other streaming services all follow Section 115 of the US Copyright Act and follow the defined mechanical royalty rates.

READ THE FULL POST AT DIGITAL MUSIC NEWS:
http://www.digitalmusicnews.com/permalink/2014/04/10/amazons-streaming-contract-entirely-unacceptable

by trichordist