Graham Henderson: “Of what is and is not broken…”

The Canadian Independent Music Association just completed a study that pegs the average musician’s income in Canada at $7,228. This echoes an earlier study undertaken by Professor Doug Hyatt of Rotman which put the number at $16,491. Income at these absurdly low levels render it virtually impossible to pursue music as a profession. It starts to look and feel more like a hobby. And let me tell you that this is a far cry from the conditions that could be obtained prior to 1999.

The “middle class” for want of a better term is in a state of what appears to be terminal decline. This is a phenomena that has been remarked on and discussed in many fora but rarely as it applies to the creative class. We now live in a world where a very few musicians have become fabulously wealthy, leaving almost everyone else with very little on the table. Was not digital technology supposed to have done EXACTLY to opposite? Successful bands today have become more brand than band, diversifying into luxury goods, film, television and beyond. This is in strident contrast to musicians of the past who would have been horrified beyond imagining to have their art, their political speech, associated with mere products. I knew artists who turned down absolutely fabulous sums rather than shill for an advertisement.

READ THE FULL POST AT MUSIC CANADA:
http://musiccanada.com/newsitem.aspx?scid=65834

GoldieBlox Dismisses Case Against Universal, Warms to Task of Destroying Artists

If you don’t think Google is aggressively anti-artists… read this.

Music Technology Policy

By Chris Castle

Now that those pesky Orrick lawyers have been replaced by Google darlings Durie Tangri in the GoldieBlox case regarding the use of Beastie Boys in a YouTube viral commercial for GoldieBlox, a new strategy may be emerging.    According to a court filing, Durie Tangri is now in the driver’s seat and have voluntarily dismissed the corporations to get the case down to suing the people they really seem to specialize in litigating against: artists.  (Read a good synopsis of the case in Spin (“Shady Toymaker Attempts to Run and Hide from Beastie Boys Lawsuit“) or Vulture (“Ask A Lawyer: GoldieBlox v. Beastie Boys“).

Yes, GoldieBlox–that gutty little startup with big time legal representation–unilaterally dismissed their claims against Island Def Jam, Sony/ATV and Universal Music Publishing.  Yes, get the deep pockets out of there and quickly before they answer the strange declaratory…

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Art and Music Are Professions Worth Fighting for | Blake Morgan HuffPo

In music specifically, 2013 has been a year unlike any other in recent memory. It’s been a year that has seen musicians stand up and speak out on behalf of their profession like never before. And the results have been historic. Internet radio giant Pandora has announced it’s abandoning its pursuit of legislation that would lower artists’ royalties. Congress is now taking another look at copyright reform. Spotify has responded to broad criticism and made their operations more transparent. And perhaps most significant, music lovers are now standing with music makers to help push these issues forward.

For the first time in a long time, there’s a lot to be hopeful about if you’re a musician. There are tremendous fights ahead, against powerful forces, on many fronts. But we have something those forces don’t have. We have something worth fighting for.

READ THE FULL POST AT HUFFPO:
http://www.huffingtonpost.com/blake-morgan/post_6463_b_4461936.html

Bills to Eliminate Pirate Sites like The Pirate Bay get Unanimous Approval | IBT

AGCOM, an independent Electronic Communications Authority of Italy, devised various measures to bring down the pirate websites and their owners. The measures put forward have been unanimously approved. The new system that ensures the fast removal of copyrighted content by hosts and blocking of various file-sharing websites will be implemented on March 31, 2014.

In the past, Italy has emerged as a nation that is taking proactive actions to tackle pirate sites and other online piracy issues. Numerous leading torrent websites like Kicka** Torrents and The Pirate Bay are blocked at the Internet Service Provider (ISP) level after orders from different courts.

READ THE FULL STORY AT IBT:
http://au.ibtimes.com/articles/530351/20131216/bills-take-out-sites-pirate-bay.htm#.UrISnY3Kf_A

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Welcome to Skynet: Google Expands the Google Terminator Division

Permissionless innovation baby!
 
https://www.youtube.com/watch?v=wE3fmFTtP9g

Music Technology Policy

by Chris Castle

BILLY

[Looking at passing Google driverless car]

It’s only scary because it’s new.

The Internship

Sometimes it’s scary because it’s scary.

According to the widespread press reports (including the New York Times), Google is rapidly expanding its Skynet operations with major acquisitions of military grade robots from Boston Dynamics (developed with money from DARPA).  When you consider that fellow Gang of Four member and mainstream media mogul Jeff Bezos is pushing robots delivering goods to your house, and Google is already sending thousands of cars driving all over the world snarfing down your wifi and taking pictures of your house, don’t be surprised if Google’s definition of “driverless cars” includes Terminators.  I mean…”Wildcats” like this one:

No wonder Google cut the driverless car crash scene from The Internship.  Of course, since it’s a Google Terminator, they will probably call it Cupcake or something with…

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As Music Downloads Decline, Expect More Anti-Spotify Anxiety | FastCoLabs

We’re starting to get the answer to the question, “is Spotify revenue instead of transactional download revenue, or in addition to transactional download revenue”?

It’s official: We’re buying less digital music. Just like vinyl, cassettes, and CDs before it, the digital download may have reached it peak, with total sales dropping 4% from last year. The culprit? It’s complicated, but expect the already-raging debate over Spotify, streaming, and the future of music distribution to heat up.

Here’s a breakdown. In the first half of this year, U.S. music fans paid for 25-30 million digital tracks per week, according to Billboard. In October and November, that number dipped below 20 million. Billboard blames “a web of interrelated stories that show new technologies affecting consumer behavior” for the decline, with the most obvious culprit being that little green and black icon on your home screen.

READ THE FULL STORY AT FAST CO LABS:
http://www.fastcolabs.com/3023581/as-music-downloads-decline-expect-more-anti-spotify-anxiety

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If the Internet Breaks and No One Notices, Did it Really Happen?

We’ve heard a lot about how protecting artists rights would “break the internet”, turns out the internet seems to be doing just fine. So much for all of the chicken little fear mongering from Silicon Valley interests that have been profiting by illegally exploiting artists and creators for over a decade.

The world is waking up. Dear Larry, the internet is not breaking, it’s time to “get over it.

French court orders search firms to block pirate sites | BBC

A court in France has ordered Google, Microsoft and Yahoo to block 16 video-streaming sites from their search results.

The High Court in Paris ruled the websites were dedicated to the “distribution of works without consent of their creators”.

“Search engines are incredibly skilful, yet they are still leading consumers to illegal money-making sites even when the searcher is seeking legal content online,” said Chris Marcich, president of MPA in Europe, Middle East and Africa.

“The present situation is confusing for consumers, damaging the legal download market and legitimising copyright theft. The decision in France clearly is a step in this direction.”

Several internet service providers were also ordered to block the sites.

UK Police crackdown on pirate site ads | BBC

Websites illegally hosting copyrighted content have been targeted by City of London Police.

“Operation Creative is being run… to really get to grips with a criminal industry that is making substantial profits by providing and actively promoting access to illegally obtained and copyrighted material,” said Supt Bob Wishart.

The scheme encourages offenders to change their behaviour so that they are operating within the law, he added.

“However, if they refuse to comply we now have the means to persuade businesses to move their advertising to different platforms and, if offending continues, for registrars to suspend the websites,” he said.

Irish Internet firms ordered to block file-share sites | Irish Independent

THREE major music companies have been granted orders which will allow internet service providers here to block access to a file-sharing website as part of efforts to prevent “wholesale copyright theft” on “a grand scale”.

The judge was satisfied many of those were engaged in copyright infringement, devastating the ability of a generation of creative people to make a living from their talents.

USA What Does Hotfile’s Closure Mean to You? – Plagiarism Today

With the closure of Hotfile, questions are raised about what this means for content creators and the cyberlocker industry. Here are a few likely outcomes.

The judge in the case also ordered Hotfile that, if it wishes to remain open, it has to use “digital fingerprinting” to filter out infringing works. However, Hotfile, either unable or unwilling to comply with that request, has decided to shut down its site, effective immediately.

Hotfile’s closure is easily the biggest case of a cyberlocker being forced offline through legal action since Megaupload in January 2012. However, with nearly two years passed since Megaupload’s shuttering, the Web, especially for illegal downloads, is already a very different place.

Internet Consultants Are Wrong : Confused About Musicians, The Internet and Piracy

There’s a post on a tech blog from 2009 following The Pirate Bay guilty verdict titled “Paul McCartney’s Confused About The Pirate Bay” that truly illustrates how many internet consultants and tech blogger’s appear feel about musicians. The  comments responding to Sir Paul McCartney speaking about the Pirate Bay verdict show just how much these people don’t seem to understand musicians.

In this one post we see all of the major anti-artists talking points that Silicon Valley interests still use against creators in a disinformation campaign that is over a decade long:

– artists are easily confused about the internet and technology
– artists don’t know what’s best for them (let the “consultant”  help you!)
– artists can get paid, but as long as its not via a “government mandated tax” ie, copyright (!?)
– artists shouldn’t be able to live off of one song (royalties), ie you must sing for your supper every night
– artists only ever made money from major label deals (which also seems to contradict labels don’t pay)
– the pirate bay (and the like) is just a tool for promotion that rewards artists who embrace it
– the pirate bay verdict of guilty was/is unfair

In the post Paul McCartney is accused of being confused about a verdict that sentenced four men to jail for operating a business that illegally distributed artists work, without compensation to the artists themselves. The Pirate Bay is a tool of exploitation against artists and Paul McCartney was not confused about this fact.

Let’s get a few things straight.

Piracy is NOT Promotion.

Exploitation is NOT Innovation.

Copyright is NOT Censorship.

In any value chain where the creators work is monetized, the creator should have the right to consent and the ability negotiate compensation. In a true free market either party can walk away if an agreement can not be reached. The Pirate Bay, however was and is an illegally operating business that does not respect the rights of individual artists.

We also find it interesting that the suggestions most frequently given to musicians to “get paid” in the internet era are actually all the same ways artists historically have gotten paid prior to the internet.

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

– Touring… existed BEFORE the internet

– Merchandise (T-Shirts)… existed BEFORE the internet

– Film/Sync Licensing… existed BEFORE the internet

– Sponsorships/Endorsements… existed BEFORE the internet

In conclusion, it appears that it is the tech bloggers and internet consultants who are confused about musicians, the internet and piracy. Musicians on the other hand seem to be very clear about these issues.

When it comes to issues of artists rights, we’d rather be with Paul McCartney.

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Larry Lessig is Wrong, and should “Get Over It”

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