Updates for Nov. 20 @ArtistRights Symposium at @AmericanU @KogodBiz in Washington DC

We are announcing the time schedule and speakers for the 4th annual Artist Rights Symposium on November 20. The symposium is supported by the Artist Rights Institute and was founded by Dr. David C. Lowery, Lecturer at the University of Georgia Terry College of Business.

This year the symposium is hosted in Washington, DC, by American University’s Kogod School of Business at American’s Constitution Hall, 4400 Massachusetts Avenue, NW, Washington, DC 20016.  We are also pleased to have a Kogod student presentation on speculative ticketing as part of the speaker lineup.

Admission is free, but please reserve a spot with Eventbrite, seating is limited!

The symposium starts at 8:30 am and ends with a reception at 4:30pm. The symposium will be recorded as an audiovisual presentation for distribution at a later date, but will not be live-streamed. If you attend, understand that you may be filmed in any audience shots, questions from the floor or still images. The symposium social media hashtag is #ArtistRightsKogod.

Schedule

8:30 — Doors open, networking coffee.

9:00-9:10 — Welcome remarks by David Marchick, Dean, Kogod School of Business

9:10-9:15 — Welcome remarks by Christian L. Castle, Esq., Director, Artist Rights Institute

9:15-10:15 — THE TROUBLE WITH TICKETS:  The Challenges of Ticket Resellers and Legislative Solutions:

Kevin Erickson, Director, Future of Music Coalition, Washington DC
Dr. David C. Lowery, Co-founder of Cracker and Camper Van Beethoven, University of Georgia
  Terry College of Business, Athens, Georgia
Stephen Parker, Executive Director, National Independent Venue Association, Washington DC
Mala Sharma, President, Georgia Music Partners, Atlanta, Georgia

Moderator:  Christian L. Castle, Esq., Director, Artist Rights Institute, Austin, Texas

10:15-10:30: NIVA Speculative Ticketing Project Presentation by Kogod students

10:30-10:45: Coffee break

10:45-11:00: OVERVIEW OF CURRENT ISSUES IN ARTIFICIAL INTELLIGENCE LITIGATION: Kevin Madigan, Vice President, Legal Policy and Copyright Counsel, Copyright Alliance

11:00-12 pm: SHOW ME THE CREATOR – Transparency Requirements for AI Technology:

Danielle Coffey, President & CEO, News Media Alliance, Arlington, Virginia
Dahvi Cohen, Legislative Assistant, U.S. Congressman Adam Schiff, Washington, DC
Ken Doroshow, Chief Legal Officer, Recording Industry Association of America, Washington DC 

Moderator: Linda Bloss-Baum, Director of the Kogod School of Business’s Business & Entertainment Program

12:00-12:30: Lunch break

12:30-1:30: Keynote: Graham Davies, President and CEO of the Digital Media Association, Washington DC.

1:30-1:45: Coffee break

1:45-2:45: CHICKEN AND EGG SANDWICH:  Bad Song Metadata, Unmatched Funds, KYC and What You Can Do About It

Richard James Burgess, MBE, President & CEO, American Association of Independent Music, New York
Helienne Lindvall, President, European Composer & Songwriter Alliance, London, England
Abby North, President, North Music Group, Los Angeles
Anjula Singh, Chief Financial Officer and Chief Operating Officer, SoundExchange, Washington DC

Moderator:  Christian L. Castle, Esq, Director, Artist Rights Institute, Austin, Texas

2:45-3:15: Reconvene across street to International Service Founders Room for concluding speakers and reception

3:15-3:30: OVERVIEW OF INTERNATIONAL ARTIFICIAL INTELLIGENCE LEGISLATION: George York, Senior Vice President International Policy from RIAA.

3:30-4:30: NAME, IMAGE AND LIKENESS RIGHTS IN THE AGE OF AI:  Current initiatives to protect creator rights and attribution

Jeffrey Bennett, General Counsel, SAG-AFTRA, Washington, DC
Jen Jacobsen, Executive Director, Artist Rights Alliance, Washington DC
Jalyce E. Mangum, Attorney-Advisor, U.S. Copyright Office, Washington DC

Moderator
John Simson, Program Director Emeritus, Business & Entertainment, Kogod School of Business, American University

4:30-5:30: Concluding remarks by Linda Bloss-Baum, Director of the Kogod School of Business’s Business & Entertainment Program and reception.

Kim Dot Com Emerges from the Memory Hole

By Chris Castle

“If you get down on your knees and beg to be arrested, don’t be surprised if you are.”

That was what I told a TV news anchor in an interview I did in 2012 right after Kim Dot Com was arrested on his vast estate in New Zealand.  Dot Com’s arrest started a long running extradition proceeding between the United States and New Zealand that Dot Com and his team of lawyers somehow managed to drag out until this year.  That’s right—twelve years.  That puts him right up there with Roman Polanski and Meng Wanzhou.  So now Dot Com is subject to extradition back the US to face criminal charges, and yet nobody in New Zealand seems to be in a big hurry to arrest him and send him Stateside.

The first time I connected the dots on Dot Com’s piracy site Megaupload was when film maker Ellen Seidler launched a site called Pop Up Pirates.   Megaupload figured large in her site for a simple reason:  When you tried to access a film stored on Megaupload, it launched a popup with an ad.  At that time, many of those ads included a credit saying “Ads by Google.”  Ellen gave me a short clip of her launching the Mega popup in real time with a close up of that ad.  I played the clip on a panel with one of the Google charm offensive folks who I thought was going to vomit when he realized what I had just shown the audience.  I thought I conclusively demonstrated that Google profited from piracy and paid pirates—being Kim Dot Com aka “Defendant.”

Shortly after, I started posting about this obvious connection, which is how Dot Com and his confederates were getting rich from their the-Hong Kong-based pirate site.  And of course, I would find it hard to believe that anyone was operating a lucrative pirate site from Hong Kong without taking care of people if you know what I mean.  So there’s that.

Fast forward a year and I was in front of the National Association of Attorneys General demonstrating Google’s many, many connections to crime, terrorists, and general issue bad guys.  

Right about this time I got a call from a distinguished music industry executive who asked me whether I was seriously suggesting that a public company was involved in funding crime.  I said that’s exactly what I was saying.  If that were to happen today, nobody, and I mean nobody, would question that Google is the paymaster of the dark web.

Which leads me to the Dot Com indictment.  It turns out that we are not the only ones who made the connection between Google and massive piracy. The Department of Justice did, too, and describes the connection quite clearly in the indictment.

Adbright and Google were Sequoia investments and PartyGaming was one of the big donors to Creative Commons (and the whole Lessig/Nesson poker lobbying extravaganza).

So who had an interest in keeping Kim Dot Com out of an American jail in case he might negotiate a plea deal as did his confederate Andrus Nomm back in 2018? According to the New Zealand Herald:

While [Dot Com] and his co-accused have denied all charges, Nomm testified in support of the US case. As an insider, his testimony will be key to supporting prosecution arguments the so-called “Megaconspiracy” knew what it was doing, attacking any claim the accused were acting in the belief the website was lawful.

Nomm’s testimony was included in the case for extradition in New Zealand but documents showing how will not be made public until after the judge’s decision has been made. The Herald is unable to report the details of the US case that Nomm pleaded guilty to in the United States until then.

The press release from the U.S. Department of Justice tells us:

In court papers, Nomm agreed that the harm caused to copyright holders by the Mega Conspiracy’s criminal conduct exceeded $400 million.  He further acknowledged that the group obtained at least $175 million in proceeds through their conduct.  Megaupload.com had claimed that, at one time, it accounted for four percent of total Internet traffic, having more than one billion total visits, 150 million registered users and 50 million daily visitors.

In a statement of facts filed with his plea agreement, Nomm admitted that he was a computer programmer who worked for the Mega Conspiracy from 2007 until his arrest in January 2012.  Nomm further admitted that, through his work as a computer programmer, he was aware that copyright-infringing content was stored on the websites, including copyright protected motion pictures and television programs, some of which contained the “FBI Anti-Piracy” warning.  Nomm also admitted that he personally downloaded copyright-infringing files from the Mega websites.  Despite his knowledge in this regard, Nomm continued to participate in the Mega Conspiracy. 

An extradition hearing for co-defendants Kim Dotcom, Mathias Ortmann, Bram Van der Kolk and Finn Batato is currently scheduled for June 2015 in Auckland, New Zealand.  Co-defendants Julius Bencko and Sven Echternach remain at large.

This case is being investigated by the FBI’s Headquarters and Washington Field Office.  The case is being prosecuted by Senior Counsel Ryan K. Dickey and Brian L. Levine of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Jay V. Prabhu of the Eastern District of Virginia.  The Criminal Division’s Office of International Affairs also provided significant assistance.

So if there was a “conspiracy”, it takes more than two to tango. That racketeering and money laundering conspiracy might have included the advertising companies that played an essential role in providing illicit revenue to the “Megaconspiracy”. Recall that Google got caught in a federal sting operation, paid a $500,000,000 fine and entered a nonprosecution agreement with the same DOJ for promoting the sale of illegal drugs online, all at roughly the same time as they appear to have been the paymaster for Mr. Dot Com. Why else were Adbright, Google and Partygaming mentioned in the indictment?

Stay tuned, boys and girls.  The plot sickens.

NAME, IMAGE AND LIKENESS RIGHTS: New Speaker Update for Nov. 20 @ArtistRights Symposium at @AmericanU @KogodBiz in Washington DC

We are announcing more topics and new speakers for the 4th annual Artist Rights Symposium on November 20, this year hosted in Washington, DC, by American University’s Kogod School of Business at American’s Constitution Hall, 4400 Massachusetts Avenue, NW, Washington, DC 20016.  The symposium is also supported by the Artist Rights Institute and was founded by Dr. David Lowery, Lecturer at the University of Georgia Terry College of Business.

We’re pleased to add an overview of artificial intelligence litigation in the US by Kevin Madigan, Vice President, Legal Policy and Copyright Counsel from the Copyright Alliance and an overview of international artificial intelligence-related legislation by George York, Senior Vice President International Policy from RIAA. We’re also announcing our fourth panel and speaker line up:

NAME, IMAGE AND LIKENESS RIGHTS IN THE AGE OF AICurrent initiatives to protect creator rights and attribution

Jeffrey Bennett, General Counsel, SAG-AFTRA, Washington, DC
Jen Jacobson, Executive Director, Artist Rights Alliance, Washington DC
Jalyce E. Mangum, Attorney-Advisor, U.S. Copyright Office, Washington DC

Moderator
: John Simson, Program Director Emeritus, Business & Entertainment, Kogod School of Business, American University

Panels will begin at 8:30 am and end by 5 pm, with lunch and refreshments. More details to follow. Contact the Artist Rights Institute for any questions.

Admission is free, but please reserve a spot with Eventbrite, seating is limited! (Eventbrite works best with Firefox)

Previously confirmed panelists are:

Keynote: Graham Davies, President and CEO of the Digital Media Association, Washington DC.  Graham will speak around lunchtime.

CHICKEN AND EGG SANDWICH:  Bad Song Metadata, Unmatched Funds, KYC and What You Can Do About It

Richard James Burgess, MBE, President & CEO, American Association of Independent Music, New York
Helienne Lindvall, President, European Composer & Songwriter Alliance, London, England
Abby North, President, North Music Group, Los Angeles
Anjula Singh, Chief Financial Officer and Chief Operating Officer, SoundExchange, Washington DC

Moderator:  Christian L. Castle, Esq, Director, Artist Rights Institute, Austin, Texas

SHOW ME THE CREATOR – Transparency Requirements for AI Technology:

Danielle Coffey, President & CEO, News Media Alliance, Arlington, Virginia
Dahvi Cohen, Legislative Assistant, U.S. Congressman Adam Schiff, Washington, DC
Ken Doroshow, Chief Legal Officer, Recording Industry Association of America, Washington DC 

Moderator: Linda Bloss-Baum, Director of the Kogod School of Business’s Business & Entertainment Program

THE TROUBLE WITH TICKETS:  The Economics and Challenges of Ticket Resellers and Legislative Solutions:

Kevin Erickson, Director, Future of Music Coalition, Washington DC
Dr. David C. Lowery, Co-founder of Cracker and Camper Van Beethoven, University of Georgia
  Terry College of Business, Athens, Georgia
Stephen Parker, Executive Director, National Independent Venue Association, Washington DC
Mala Sharma, President, Georgia Music Partners, Atlanta, Georgia

Moderator:  Christian L. Castle, Esq., Director, Artist Rights Institute, Austin, Texas

Now with added retroactive acrobatics: @DamianCollins calls on UK Prime Minister to stop Google’s “Text and Data Mining” Circus

By Chris Castle

Damian Collins (former chair of the UK Parliament’s Digital Culture Media and Sport Select Committee) warns of Google’s latest artificial intelligence shenanigans in a must-read opinion piece in the Daily Mail. Mr. Collins highlights Google’s attempt to lobby its way into what is essentially a retroactive safe harbor to protect Google and its confederates in the AI land grab. (Safe harbors aka pirate utopias.)

While Mr. Collins writes about Google’s efforts to rewrite the laws of the UK to free ride in his home country which is egregious bullying, the episode he documents is instructive for all of us. If Google & Co. will do it to the Mother of Parliaments, it’s only a matter of time until Google & Co. do the same everywhere or know the reason why. Their goal is to hoover up all the world’s culture that the AI platforms have not scraped already and–crucially–to get away with it. And as Austin songwriter Guy Forsyth says, “…nothing says freedom like getting away with it.”

The timeline of AI’s appropriation of all the world’s culture is a critical understanding to appreciate just how depraved Big Tech’s unbridled greed really is. The important thing to remember is that AI platforms like Google have been scraping the Internet to train their AI for some time now, possibly many years. This apparently includes social media platforms they control. My theory is that Google Books was an early effort at digitization for large language models to support products like corpus machine translation as a predecessor to Gemini (“your twin”) and other Google AI products. We should ask Ray Kurzweil.

There is starting to be increasing evidence that this is exactly what these people are up to. 

The New York Times Uncovers the Crimes

According to an extensive long-form report in the New York Times by a team of very highly respected journalists, it turns out that Google has been planning this “Text and Data Mining” land grab for some time. At the very moment YouTube was issuing press releases about their Music AI Incubator and their “partners”–Google was stealing anything that was not nailed down that anyone had hosted on their massive platforms, including Google Docs, Google Maps, and…YouTube. The Times tells us:

Google transcribed YouTube videos to harvest text for its A.I. models, five people with knowledge of the company’s practices said. That potentially violated the copyrights to the videos, which belong to their creators….Google said that its A.I. models “are trained on some YouTube content,” which was allowed under agreements with YouTube creators, and that the company did not use data from office apps outside of an experimental program. 

I find it hard to believe that YouTube was both allowed to transcribe and scrape under all its content deals, or that they parsed through all videos to find the unprotected ones that fall victim to Google’s interpretation of the YouTube terms of use. So as we say in Texas, that sounds like bullshit for starters. 

How does this relate to the Text and Data Mining exception that Mr. Collins warns of? Note that the NYT tells us “Google transcribed YouTube videos to harvest text.” That’s a clue.

As Mr. Collins tells us: 

Google [recently] published a policy paper entitled: Unlocking The UK’s AI Potential.

What’s not to like?, you might ask. Artificial intelligence has the potential to revolutionise our economy and we don’t want to be left behind as the rest of the world embraces its benefits.

But buried in Google’s report is a call for a ‘text and data mining’ (TDM) exception to copyright. 

This TDM exception would allow Google to scrape the entire history of human creativity from the internet without permission and without payment.

And, of course, Mr. Collins is exactly correct, it’s safe to assume that’s exactly what Google have in mind. 

The Conspiracy of Dunces and the YouTube Fraud

In fairness, it wasn’t just Google ripping us off, but Google didn’t do anything to stop it as far as I can tell. One thing to remember is that YouTube was, and I think still is, not very crawlable by outsiders. It is almost certainly the case that Google would know who was crawling youtube.com, such as Bingbot, DuckDuckBot, Yandex Bot, or Yahoo Slurp if for no other reason that those spiders were not googlebot. With that understanding, the Times also tells us:

OpenAI researchers created a speech recognition tool called Whisper. It could transcribe the audio from YouTube videos, yielding new conversational text that would make an A.I. system smarter.

Some OpenAI employees discussed how such a move might go against YouTube’s rules, three people with knowledge of the conversations said. YouTube, which is owned by Google, prohibits use of its videos for applications that are “independent” of the video platform. [Whatever “independent” means.]

Ultimately, an OpenAI team transcribed more than one million hours of YouTube videos, the people said. The team included Greg Brockman, OpenAI’s president, who personally helped collect the videos, two of the people said. The texts were then fed into a system called GPT-4, which was widely considered one of the world’s most powerful A.I. models and was the basis of the latest version of the ChatGPT chatbot….

OpenAI eventually made Whisper, the speech recognition tool, to transcribe YouTube videos and podcasts, six people said. But YouTube prohibits people from not only using its videos for “independent” applications, but also accessing its videos by “any automated means (such as robots, botnets or scrapers).” [And yet it happened…]

OpenAI employees knew they were wading into a legal gray area, the people said, but believed that training A.I. with the videos was fair use. [Or could they have paid for the privilege?]

And strangely enough, many of the AI platforms sued by creators raise “fair use” as a defense (if not all of the cases) which is strangely reminiscent of the kind of crap we have been hearing from these people since 1999.

Now why might Google have permitted OpenAI to crawl YouTube and transcribe videos (and who knows what else)? Probably because Google was doing the same thing. In fact, the Times tells us:

Some Google employees were aware that OpenAI had harvested YouTube videos for data, two people with knowledge of the companies said. But they didn’t stop OpenAI because Google had also used transcripts of YouTube videos to train its A.I. models, the people said. That practice may have violated the copyrights of YouTube creators. So if Google made a fuss about OpenAI, there might be a public outcry against its own methods, the people said.

So Google and its confederate OpenAI may well have conspired to commit massive copyright infringement against the owner of a valid copyright, did so willingly, and for purposes of commercial advantage and private financial gain. (Attempts to infringe are prohibited to the same extent as the completed act). The acts of these confederates vastly exceed the limits for criminal prosecution for both infringement and conspiracy.

But to Mr. Collins’ concern, the big AI platforms transcribed likely billions of hours of YouTube videos to manipulate text and data–you know, TDM.

The New Retroactive Safe HarborThe Flying Googles Bring their TDM Circus Act to the Big Tent With Retroactive Acrobatics

But also realize the effect of the new TDM exception that Google and their Big Tech confederates are trying to slip past the UK government (and our own for that matter). A lot of the discussion about AI rulemaking acts as if new rules would be for future AI data scraping. Au contraire mes amis–on the contrary, the bad acts have already happened and they happened on an unimaginable scale.

So what Google is actually trying to do is get the UK to pass a retroactive safe harbor that would deprive citizens of valuable property rights–and also pass a prospective safe harbor so they can keep doing the bad acts with impunity.

Fortunately for UK citizens, the UK Parliament has not passed idiotic retroactive safe harbor legislation like the U.S. Congress has. I am, of course, thinking of the vaunted Music Modernization Act (MMA) that drooled its way to a retroactive safe harbor for copyright infringement, a shining example of the triumph of corruption that has yet to be properly challenged in the US on Constitutional grounds. 

There’s nothing like the MMA absurdity in the UK, at least not yet. However, that retroactive safe harbor was not lost on Google, who benefited directly from it. They loved it. They hung it over the mantle next to their other Big Game trophy, the DMCA. And now they’d like to do it again for the triptych of legislative taxidermy.

Because make no mistake–a retroactive safe harbor would be exactly the effect of Google’s TDM exception. Not to mention it would also be a form of retroactive eminent domain, or what the UK analogously might call the compulsory purchase of property under the Compulsory Purchase of Property Act. Well…”purchase” might be too strong a word, more like “transfer” because these people don’t intend to pay for a thing.

The effect of passing Google’s TDM exception would be to take property rights and other personal rights from UK citizens without anything like the level of process or compensation required under the Compulsory Purchase of Property–even when the government requires the sale of private property to another private entity (such as a railroad right of way or a utility easement).

The government is on very shaky ground with a TDM exception imposed by the government for the benefit of a private company, indeed foreign private companies who can well afford to pay for it. It would be missing government oversight on a case-by-base basis, no proper valuation, and for entirely commercial purposes with no public benefit. In the US, it would likely violate the Takings Clause of our Constitution, among other things.

It’s Not Just the Artists

Mr. Collins also makes a very important point that might get lost among the stars–it’s not just the stars that AI is ripping off–it is everyone. As the New York Times story points out (and it seems that there’s more whistleblowers on this point every day), the AI platforms are hoovering up EVERYTHING that is on the Internet, especially on their affiliated platforms. That includes baby videos, influencers, everything.

This is why it is cultural appropriation on a grand scale, indeed a scale of depravity that we haven’t seen since the Nurenberg Trials. A TDM exception would harm all Britons in one massive offshoring of British culture.

[This post first appeared on MusicTech.Solutions]

Guest Post: Taylor’s Guitar

By Charles J. Sanders

Recently, a viral video originating from Waxahachie, Texas made the social media rounds featuring the winning bidder of a Taylor Swift guitar immediately, publicly destroying it with the auctioneer’s hammer.  The perpetrator claims the stunt was intended as a light-hearted act of political satire protesting celebrity endorsements of a presidential candidate he does not support.  Most folks of a similar political bent cheered gleefully, while members of the other camp generally eye-rolled and shrugged their way through what appeared to be a somewhat more mean-spirited statement than the disgruntled, new owner was willing to acknowledge.  It’s tough to tell, but hey, free speech is free speech.

I suppose that in a world in which the legendary, guitar-smashing prowess of a Pete Townshend or Jimi Hendrix has long been celebrated, and in a country where Stan Laurel and Oliver Hardy turned the dismantling of upright pianos into an art form, perhaps the nonchalant reactions over the sad end to the icon’s former axe are understandable.  We are surely a country and a music community with bigger issues on our plate.  That reality, combined with the dangers of crying wolf being what they are, would ordinarily render the engagement in a humorless, long-winded diatribe against a gavel wielding, wannabe cowboy defacing a guitar a meaningless exercise. 

But in my role as chair of the National Music Council of the United States, the Congressionally-chartered umbrella organization of American music groups advocating for the advancement of musical culture and education, I feel obliged to at least offer reflections on what some may consider to be the far less-benign overtones of this seemingly trivial event. In simplest terms, the alternative of silence is made unacceptable by the ghastly results that such a non-response has produced in the past, particularly when it comes to the long, grim, global history of political violence against music creators and musical culture.  Shining a light just seems the better course.

Last year, it was NMC’s honor to host a series of discussions with several incredibly brave members of the international music community fighting to keep creators and their works safe from political harm.  One such hero of musical culture is Dr. Ahmad Sarmast, founder of the Afghanistan National Institute of Music currently in exile under the protection of the Government of Portugal.  Dr. Sarmast, who had nearly been beaten to death in previous run-ins with the ultra-rightist Taliban movement over his audacious teaching of young, female Afghani music students how to play musical instruments, was unsurprised that one of the first targets of the resurgent Taliban in 2021 was his world-renown music program. 

The group’s initial act in its renewed crackdown on infidelity was the burning not only the school’s instruments, but also of a large percentage of musical instruments throughout the entire country.  The teacher, his students and their families fled for their lives to Qatar and then Lisbon, where they remain two years later in defiant pursuit of musical creativity and freedom.  This week, meanwhile, the Taliban announced its intention to bar the artistic depiction “of any living thing” throughout Afghanistan pursuant to Sharia law.

The experiences of another international champion of artistic freedom NMC interviewed, Cambodian Living Arts organizational founder Arn Chorn Pond, serve as an even more fraught example of violent, music-related suppression and its horrific results.  Professor Pond, whose parents’ national opera company in Phenom Penh was one of the great gems of Southeast Asian musical culture, was a ten-year old flautist when ultra-leftist Khmer Rouge terrorists seized power in Cambodia during the mid-1970s.  The party’s first acts of cultural cleansing included the summary execution of most musicians and composers (including his parents and family), the destruction of virtually every traditional and modern musical instrument in the country, and the banning of all unapproved music on threat of death. 

The details of young Arn’s enslavement and unspeakable torture, even as he was relied upon as a resource for the creation and performance of new and “acceptable” Khmer musical works, are far too graphic to repeat here.  It has taken him a half-century following the defeat of the Khmer to rekindle the light of traditional Cambodian musical culture throughout his nation, all the while carrying scars that cannot possibly be fully healed even after a lifetime of fighting for greater protections for others.    

Other historical examples are legion.  In 1973, one of the first acts of the Pinochet military junta following its coup in Chile was the arrest of progressive singer-songwriter and nationally celebrated guitarist Victor Jara.  Rather than merely destroying his confiscated guitars, the regime mutilated both his hands prior to executing him at the National Soccer Stadium as a warning to others who might be contemplating musical protest.  Days later, the great Chilean poet Pablo Neruda was dead, as well.

Soviet dictator Joseph Stalin terrorized the towering composer Dimitri Shostakovich into an emotional wreck through political manipulation and death threats starting in the 1930s. Nazi Fuhrer Adolph Hitler launched an immediate program of terror against “degenerate art and artists” upon rising to power in 1933, culminating in the forced expatriation and eventually the execution of Germany’s greatest composers, conductors and performers (many of them Jewish victims of the Holocaust).  One such target, the poet and songwriter Ilse Weber, actually composed the famous lullaby “Wiegala” while imprisoned at Prague’s Terezin concentration to comfort the children in her care.  She later volunteered to accompany her physician-husband and those children to Auschwitz, where they were murdered in 1944 just as she expected they would be.  Only her music miraculously survived, attributable to the panic of the fleeing killers at war’s end.

And finally, in our own country the great jazz singer Billie Holiday was one among many American creators and artists with more than just a passing acquaintance with the travails of brutal, sometimes fatal repression.  Intimidation of music creators knows no geographical or political boundaries. 

As desperately uncomfortable as these past and continuing events may be to contemplate, the crucial reason to educate ourselves about them is their value as examples of exactly what must be avoided at all costs in the future.  Clearly throughout history, music creators and performers have not only been frequently subject to pressure to conform, or to participate in propaganda efforts by governments and extremist groups, but also victimized by repressive actions up to and including murder to enforce their silence. 

This depraved strategy often eliminates the most persuasive voices of protest, while at the same time setting an example of what happens to those less-visible citizens who choose dissent.  The threatening or carrying out of violent repression against outspoken music creators, performers and educators is simply one of the preferred means of warning everyday people in the bluntest possible terms, “if this is what we’ll do to them, imagine what we’ll do to you.” 

Nevertheless, even armed with such knowledge one might still legitimately ask in the current instance, “what has any of this really got to do with a laughing man in a cowboy hat destroying a celebrity’s former musical instrument?”  Well, probably nothing.  But potentially everything.

Visitors today to Berlin often wander over to the enormous square fronting the library at Humboldt University, a revered institution of learning whose alumnae include some of the greatest thinkers and artists in western history, from Mendelssohn and Heine to Planck and Einstein.  The empty cobblestoned plaza, restored after repeated wartime bombings some 80 years ago, remains completely devoid of any structures whatsoever.  There is only a barely discernable, rectangular glass plate embedded into the pavement in front of the library, allowing viewers to gaze downward into a room of empty bookshelves two stories below, and an equally flat plaque sunk into the ground next to it.  That view, gazing through the glass darkly into history, is why most visitors come. 

This is the very spot on which Joseph Goebbels lit the bonfire of books written by many of Humboldt’s most illustrious graduates, and where the people laughed and cheered as those works burned in 1933.  The empty shelves are self-explanatory, and the plaque has only one simple quote, written by Heinrich Heine fully one hundred years prior to the day that the Nazis struck their match. “Where they burn books,” it reads in German with extraordinary prescience, “they will eventually burn human beings.” 

As our own Mr. Twain was fond of reminding us, while history doesn’t actually repeat, it surely does rhyme.  Is a private citizen smacking a recently acquired guitar with a hammer for political effect the same as a government or terrorist group burning a book, banning a musical work for its content, or assaulting a creator?  No, probably not.  Was the destruction of the Waxahachie guitar a symbolic, political warning issued by an individual or group seeking power through intimidation, intended to be interpreted as a threat of actual violence to any one or all of us in the music community? 

That’s a harder question to answer.  We simply do not and cannot know the intent, effect, or seriousness of the action at this time, nor do we possess Heine’s cursed gift of farsighted genius. 

As a result, on the advice of the American bard of Hannibal, Missouri, we less-gifted prognosticators are left with just one inquiry that absolutely must be asked under this circumstance –and in every other instance like it– for the safety, security and freedom of everyone in our music community and in this country:

“Does the Waxahachie event, or any subsequent one, rhyme?” 

Whether it does or not, now or in the future, will in large part depend on us– not just on the folks with the hammers and the matches.

About the author: Attorney, historian and author Charles J. Sanders is outside counsel to the Songwriters Guild of America, chair of the National Music Council of the United States, and an adjunct professor of music business and its history at New York University.  For more information, visit https://www.musiccouncil.org/. All opinions are his own.

CHICKEN AND EGG SANDWICH:  Bad Song Metadata, Unmatched Funds, KYC and What You Can Do About It: Speaker Update for Nov. 20 @ArtistRights Symposium at @AmericanU @KogodBiz in Washington DC

We’re pleased to announce additional speakers for the 4th annual Artist Rights Symposium on November 20, this year hosted in Washington, DC, by American University’s Kogod School of Business at American’s Constitution Hall, 4400 Massachusetts Avenue, NW, Washington, DC 20016.  The symposium is also supported by the Artist Rights Institute and was founded by Dr. David Lowery, Lecturer at the University of Georgia Terry College of Business.

The Symposium has four panels and a lunchtime keynote. Panels will begin at 8:30 am and end by 5 pm, with lunch and refreshments. More details to follow. Contact the Artist Rights Institute for any questions.

Admission is free, but please reserve a spot with Eventbrite, seating is limited! (Eventbrite works best with Firefox)

Keynote: Graham Davies, President and CEO of the Digital Media Association, Washington DC.  Graham will speak around lunchtime.

We have confirmed speakers for another topic! 

CHICKEN AND EGG SANDWICH:  Bad Song Metadata, Unmatched Funds, KYC and What You Can Do About It

Richard James Burgess, MBE, President & CEO, American Association of Independent Music, New York
Helienne Lindvall, President, European Composer & Songwriter Alliance, London, England
Abby North, President, North Music Group, Los Angeles
Anjula Singh, Chief Financial Officer and Chief Operating Officer, SoundExchange, Washington DC

Moderator:  Christian L. Castle, Esq, Director, Artist Rights Institute, Austin, Texas

Previously confirmed panelists are:

SHOW ME THE CREATOR – Transparency Requirements for AI Technology:

Danielle Coffey, President & CEO, News Media Alliance, Arlington, Virginia
Dahvi Cohen, Legislative Assistant, U.S. Congressman Adam Schiff, Washington, DC
Ken Doroshow, Chief Legal Officer, Recording Industry Association of America, Washington DC 

Moderator: Linda Bloss-Baum, Director of the Kogod School of Business’s Business & Entertainment Program

THE TROUBLE WITH TICKETS:  The Economics and Challenges of Ticket Resellers and Legislative Solutions:

Kevin Erickson, Director, Future of Music Coalition, Washington DC
Dr. David C. Lowery, Co-founder of Cracker and Camper Van Beethoven, University of Georgia
  Terry College of Business, Athens, Georgia
Stephen Parker, Executive Director, National Independent Venue Association, Washington DC
Mala Sharma, President, Georgia Music Partners, Atlanta, Georgia

Moderator:  Christian L. Castle, Esq., Director, Artist Rights Institute, Austin, Texas

SHOW ME THE CREATOR – Transparency Requirements for AI Technology: Speaker Update for Nov. 20 @ArtistRights Symposium at @AmericanU @KogodBiz in Washington DC

We’re pleased to announce more speakers for the 4th annual Artist Rights Symposium on November 20, this year hosted in Washington, DC, by American University’s Kogod School of Business at American’s Constitution Hall, 4400 Massachusetts Avenue, NW, Washington, DC 20016.  The symposium is also supported by the Artist Rights Institute and was founded by Dr. David Lowery, Lecturer at the University of Georgia Terry College of Business.

The four panels will begin at 8:30 am and end by 5 pm, with lunch and refreshments. More details to follow. Contact the Artist Rights Institute for any questions.

Admission is free, but please reserve a spot with Eventbrite, seating is limited! (Eventbrite works best with Firefox)

Keynote: Graham Davies, President and CEO of the Digital Media Association, Washington DC.  Graham will speak around lunchtime.

We have confirmed speakers for another topic! 

SHOW ME THE CREATOR – Transparency Requirements for AI Technology:

Danielle Coffey, President & CEO, News Media Alliance, Arlington, Virginia
Dahvi Cohen, Legislative Assistant, U.S. Congressman Adam Schiff, Washington, DC
Ken Doroshow, Chief Legal Officer, Recording Industry Association of America, Washington DC 

Moderator: Linda Bloss-Baum, Director of the Kogod School of Business’s Business & Entertainment Program

Previously announced:

THE TROUBLE WITH TICKETS:  The Economics and Challenges of Ticket Resellers and Legislative Solutions:

Kevin Erickson, Director, Future of Music Coalition, Washington DC
Dr. David C. Lowery, Co-founder of Cracker and Camper Van Beethoven, University of Georgia
  Terry College of Business, Athens, Georgia
Stephen Parker, Executive Director, National Independent Venue Association, Washington DC
Mala Sharma, President, Georgia Music Partners, Atlanta, Georgia

Moderator:  Christian L. Castle, Esq., Director, Artist Rights Institute, Austin, Texas

Press Release: Opposition grows worldwide about TikTok’s decision to stop negotiations with @MerlinNetwork

[Editor Charlie sez: This post from Worldwide Independent Network is available here.]

TikTok’s decision to disintermediate Merlin and walk away from negotiations to renew its current license has sparked widespread concern across the global music industry. The platform is contacting independent music companies directly to try to reach individual deals. Many fear that with this move TikTok intends to pay less for music.

Merlin acts as the licensing partner for the independent sector, playing a crucial role in providing efficiencies for digital platforms, promoting diversity and consumer choice, as well as delivering market access and value for its members. With more than 500 members representing over 30.000 record labels, distributors, and rights holders around the world, Merlin currently accounts for 15% of the global recorded music market and has deals with over 40 digital services.

“TikTok’s decision to walk away from Merlin puts independent labels in an impossible place with their artists: it’s a choice between their music being available on the platform or ensuring fair license terms.” explains Zena WhiteWIN ChairNoemí PlanasWIN CEO, adds that “Merlin was created by independent music companies to compete at the highest level and ensure they can access the best terms. TikTok’s decision poses risks to cultural diversity, market access, and fair payment for independents. But this is not just about TikTok. We urge policymakers around the world to regulate the tech sector to ensure a truly competitive market where creators’ rights are protected from abusive and monopolistic behavior.” TikTok continues to resist calls from the sector to address the existing ‘value gap’, which has a negative impact on the independents’ ability to defend their music and rights.

Asia

Owned by Chinese company ByteDance, TikTok is the world’s largest social media platform after Facebook, YouTube, and Instagram. Asia is home to 6 of the top 10 countries by number of users and local music companies fear TikTok’s decision threatens the level playing field. Jong-Gill ShinSecretary General of the Record Label Industry Association of Korea (LIAK) says: “LIAK expresses profound concern over the current circumstances, which pose a significant risk of fostering discrimination against creative works. It is imperative that all music, regardless of whether it originates from major or independent sectors, be accorded equal value and recognition. We unequivocally oppose TikTok’s recent attempts that threaten to undermine our efforts to secure equitable terms. Aligned with our fellow WIN members globally, we stand resolute in our commitment to upholding and safeguarding the intrinsic value of independent music.” China’s neighbors have also raised concerns about TikTok’s compliance with data protection laws, with India banning the app over national security concerns.

North America

In the United States, the second-largest market by number of TikTok users with 120.5 million, concerns are raised about abuse of power from the platform. In April, President Biden signed a law that would ban TikTok unless ByteDance sells its stake within a year. Richard BurgessCEO of the American Association of Independent Music (A2IM), comments: “TikTok’s unwillingness to negotiate a licensing deal with Merlin is just the latest example of the platform doing whatever it can to avoid compensating artists fairly. Now, more than ever, we need Congress to enact the Protect Working Musicians Act and give musicians, songwriters, independent labels, and publishers the ability to negotiate collectively in the marketplace.”

Similar concerns are raised in Canada, where the music community is actively engaged in the regulatory process around the Online Streaming Act, which extends broadcasters’ requirements to invest in Canada’s music sector to digital platforms and is being met with mounting resistance from the tech sector. “By bypassing local regulations and enforcing unfavourable terms on rights holders, platforms create a significant power imbalance,” says Gord Dimitrieff, Chair of Government Relations at the Canadian Independent Music Association (CIMA)“It stifles competition, reduces cultural diversity, and limits consumer choice.” Andrew Cash, President and CEO of CIMA adds that TikTok’s decision “should act as a wake-up call to Canadian policy makers and politicians engaged in regulating the tech sector.”

Latin America

TikTok was the fastest-growing social media platform in Latin America in 2023. “From a Brazilian perspective, TikTok’s decision not to renew the agreement with Merlin could weaken the representation of independent music, which plays a crucial role in promoting cultural and regional diversity,” says Felippe Llerena, President of the Associação Brasileira da Música Independente (ABMI). “Without a collective agreement, small labels may have more difficulty negotiating individually, negatively impacting their visibility and participation on a platform as relevant as TikTok.” The Brazilian organization claims that this move not only compromises the diversity of content available on the platform, but also does not make sense from a commercial and strategic point of view. Brazil ranks third in TikTok users by country, with 105.3 million, followed by Mexico, with 77.5 million users, but concerns are also raised in other markets of the region. “It is extremely detrimental for the independent sector in Latin America that TikTok is applying this pressure to bypass Merlin. The very purpose of Merlin is to ensure fairer and more equitable representation for all, especially in regions like ours, and we stand by it. The most affected will be the smaller players, who will have few options, and our biggest fear is that they will end up facing the worst conditions.”adds Francisca Sandoval, President of Asociación Gremial Industria Musical Independiente de Chile (IMICHILE).

Europe

Following value gap concerns raised in April, the Independent Music Companies Association (IMPALA) has opposed TikTok’s attempt to boycott Merlin. The European organization highlights the importance of collective deals for diversity and consumer choice, and notes that it is vital that independents and digital services work together and explore ways to grow the value of the moment economy as a key part of the music ecosystem, as proposed in IMPALA’s ten-step plan to make the most of streaming. “We believe giving labels the option to work under a collective deal is the best way for TikTok to achieve these aims and work with artists and genres from across Europe,” says Dario Draštata, IMPALA Chair and Chair of RUNDA Adria. “We respect freedom of choice in entrepreneurship. The growth of the independent sector across all platforms is fundamental to provide fans and consumers with choice and diversity, exactly what TikTok stands for. The easiest way to achieve that is through Merlin.” says Helen Smith, IMPALA’s Executive Chair. She adds: “We invite TikTok to see the value of a renewed collective deal through Merlin and collaborate on growing this important part of the ecosystem. We hope that efficiency and choice for TikTok users, as well as access for artists and labels whatever their country or genre or level of success, and of course joint and standardised efforts on fraud, will prevail.” FranceBelgiumGermany, and other European countries have also come forward in support of Merlin.

Australasia

TikTok is crucial to the music industry, and music is crucial to TikTok. An experimentconducted by TikTok in Australia in 2023 to analyze how music is accessed and used on the platform showed that limiting the licensed music users can experience caused the number of users and the time they spend on the app to decline. “We are highly alarmed at the news of TikTok’s decision to walk away from the negotiating table with Merlin before any licensing renewal discussions could even begin. As if that wasn’t onerous enough, TikTok have stated their intention to seek direct deals, and provided a very, very short runway for labels to sign an NDA. This would be hilarious, if it wasn’t so disrespectful and further demonstrates that TikTok’s behaviour completely undermines their previously stated support of worldwide independent rights holders. IMNZ, as representative and advocate for New Zealand artists and labels, joins with our global compatriots in the hope that TikTok makes the right decision – and finds its way back to the licensing table with Merlin, and smartly”, says Dylan Pellett, General Manager at Independent Music New Zealand (IMNZ).

WIN is committed to ensuring that all businesses in the music sector are best equipped to maximize the value of their rights, regardless of their size and origin, and Merlin is a key partner in this. The global independent music community remains steadfast in its support for collective licensing negotiations and calls on TikTok to return to the table and work on solutions that benefit all parties involved.

Keynote and Speaker Update for Nov. 20 @ArtistRights Symposium

We’re pleased to announce the speakers for the 4th annual Artist Rights Symposium on November 20, this year hosted in Washington, DC, by American University’s Kogod School of Business at American’s Constitution Hall, 4400 Massachusetts Avenue, NW, Washington, DC 20016.  The symposium is also supported by the Artist Rights Institute and was founded by Dr. David Lowery, Lecturer at the University of Georgia Terry College of Business. 

The four panels will begin at 8:30 am and end by 5 pm, with lunch and refreshments. More details to follow. Contact the Artist Rights Institute for any questions.

Admission is free, but please reserve a spot with Eventbrite, seating is limited! (Eventbrite works best with Firefox)

Keynote: Graham Davies, President and CEO of the Digital Media Association, Washington DC.  Graham will speak around lunchtime.

The confirmed symposium panel topics and speakers are:

THE TROUBLE WITH TICKETS:  The Economics and Challenges of Ticket Resellers and Legislative Solutions:

Kevin Erickson, Director, Future of Music Coalition, Washington DC
Dr. David C. Lowery, Co-founder of Cracker and Camper Van Beethoven, University of Georgia
  Terry College of Business, Athens, Georgia
Stephen Parker, Executive Director, National Independent Venue Association, Washington DC
Mala Sharma, President, Georgia Music Partners, Atlanta, Georgia

Moderator:  Christian L. Castle, Esq., Director, Artist Rights Institute, Austin, Texas

SHOW ME THE CREATOR – Transparency Requirements for AI Technology, moderated by Linda Bloss-Baum, Director of the Kogod School of Business’s Business & Entertainment Program

CHICKEN AND EGG SANDWICH:  Bad Song Metadata, Unmatched Funds, KYC and What You Can Do About It, moderated by Chris Castle

NAME, IMAGE AND LIKENESS RIGHTS IN THE AGE OF AI:  Current initiatives to protect creator rights and attribution, moderated by John Simson, Program Director Emeritus, Business & Entertainment, Kogod School of Business, American University

Additional confirmed speakers to be announced soon.

Artist Rights Institute: Estimated 2025 Inflation Adjustment for Physical and Vinyl Mechanicals

A backgrounder for artists and songwriters from the Artist Rights Institute

Summary: The fight over frozen mechanicals continues to pay off as songwriters log another cost of living increase for physical/downloads while streaming falls farther behind.

The Copyright Royalty Board adjusted the US statutory mechanical royalty for physical carriers like vinyl, CDs and downloads annually during the current rate period. This is entirely due to the success of public comments by the ad hoc songwriter bargaining group that persuaded the Copyright Royalty Judges to reject the terrible “frozen mechanicals” settlement negotiated with the NMPA, NSAI and RIAA. 

As it turned out, once the judges rejected the freeze as unfair, the labels quickly agreed to a fair result that increased the physical/download rate from a 9.1¢ base rate to the 12¢ rate suggested by the Judges which went a long way to making up for the 15 year freeze at 9.1¢. In fact, if it had just been presented to the labels to begin with, a tremendous amount of agita could have been saved all round.

Crucially, not only did the base rate increase to 12¢, the judges also approved a prospective cost of living adjustment determined by a formula using the Consumer Price Index. The end result is that unlike streaming mechanicals paid by the streaming services like Spotify (i.e., not the labels) the value of the increase from 9.1¢ to 12¢ has been protected from inflation during the rate period (2023-2027). 

Unfortunately, the streaming services were allowed to reject a cost of living for streaming mechanicals, notwithstanding the Judges’ and the services’ acceptance of an COLA-type adjustment to the multimillion dollar budget of the Mechanical Licensing Collective. That COLA is ased on a government measurement of inflation (the Employment Cost Index) comparable to the CPI-U that is used to increase the services’ financing of salaries and other costs at the Mechanical Licensing Collective. So those who are paid handsomely to collect and pay songwriters get a better deal than the songwriters they supposedly serve.

What is the increase in pennies this year for the physical/download mechanical rate? The Judges determine the inflation-adjusted rate every year during the five year rate period (2023-2027). The calculation is made in December for physical/download with reference to the CPI-U rate announced by the Bureau of Labor Statistics as of December 1, which means the rate published on November 11. The new rate goes into effect on January 1, 2025.

At this point, there does not seem to be any indication that there will be a large spike in inflation between now and November 11, so we can use the September rate (just announced in October) to make an educated guess as to what the 2025 statutory rate increase will be for physical/downloads (rounded down):

So we can safely project that the base rate will increase from 12.4¢ for 2024 to about 12.6¢ in 2025 without firing a shot. If you have a 10 x 3/4 rate controlled compositions clause, that means the U.S. controlled pool on physical will be approximately 94.5¢ instead of the old frozen rate of 68.25¢.

It’s important to note a couple things about the relevance of CPI-U as a metric for protecting royalty rates from the ravages of inflation. First of all, the CPI-U is a statistical smoothing of the specific rates for particular goods and services that it measures and doesn’t reflect the magnitude of changes of some components.

For example, the September CPI-U increased by 0.2% on a seasonally adjusted basis. However, the shelter index and the food index increased at higher rates:

The shelter index rose by 0.2%, and the food index increased by 0.4% Together, these two components contributed over 75% of the monthly increase in the all items index.

Moreover, the MLC itself receives an increase that is tied to the lesser of 3% or the Employment Cost Index (which was approximately 4.5% for the trailing 12 months ending June 30):

Chris Castle said, “These are good benchmarks to keep in mind as we head into a new rate setting period in a year or so when I expect songwriters to demand a COLA for streaming mechanicals. No more poormouthing from the services. If they can give it to MLC, they can give it to the songwriters, too.”