@justinebateman wants to see AI contract terms in actor agreements and music folk should be checking, too

Chris Castle says: If you are seeing contract language that allows the other side to use your name, image, likeness, voice, etc., take a close look at the rights granted. It may not be that obvious. Like all other configuration changes in the past, artists, producers and songwriters need to look at their existing agreements and see how old language will be interpreted to cover AI.

Example: Label will have (i) exclusive record artwork merchandising rights; and (ii) exclusive rights to sell merchandise embodying three (3) exclusive designs per contract period, alone and in conjunction with Artist’s names and approved pictures, likenesses and other identifications, subject to Artist’s approval with respect to such matters as product design and manufacturing.

“in conjunction with”, “other identifications” and “approval with respect to such matters as” each take on new meaning.

Example: Artist acknowledges that Label is the exclusive owner of all rights of copyright in Masters and Records embodying the results and proceeds of Artist’s recording services made pursuant to the Recording Agreement or during its term, including the exclusive right to copyright same as “sound recordings” in the name of Label, to renew and extend such copyrights (and all rights in and thereto are hereby assigned to Label), and to exercise all rights of the copyright proprietor thereunder as provided in the Recording Agreement.

Recordings “made pursuant to the Recording Agreement or during its term” could mean AI works.

Example: As used in this agreement, “Other Entertainment Services” shall mean any and all entertainment industry activity that are not otherwise provided for in this recording agreement, including, without limitation, the following: (a) the exploitation in any and all media of the name(s) likeness(es), visual representations, biographical material and/or logo(s) of or relating to Artist or any member of Artist (all of the intellectual properties relating to Artist referred to above are sometimes referred to herein collectively and individually as “Artist Properties”), either alone or in conjunction with other elements, including without limitation merchandise for sale at the site(s) of any and all live concert engagements performed by Artist or any member of Artist, premiums such as products which bear a third party’s trademarks or logos together with Artist Properties, tie-ins, “bounceback” merchandising, and fan club merchandise, whether or not in connection with Master Recordings, including, without limitation, exploitation by any Person other than Label of any rights granted in this recording agreement; (b) endorsements, special marketing arrangements, sponsorships (including tour sponsorships), strategic partnerships or other business relationships with third parties; (c) live performance engagements as a musician, vocalist and/or performer by the Artist or any member of Artist in all media, including but not limited to musical performances on tour, in concerts, on television broadcast or cable casts (including pay-per-view telecasts), radio, “webcast” and all other means.

by Trichordist Editor

Record Producer Agreements, a practical guide

By Chris Castle

[Editor Charlie sez this post first appeared on MusicTechPolicy]

Over the years I have had a number of posts about negotiating record producer agreements. These posts were based on topics, so one would be on royalties, another on recording costs, recoupment, credits, and so on. Readers have asked that I combine these into one topic and I finally did it for the Copyright Alliance and now am posting the combined article here–all 30 pages of it. The last page is a sample producer agreement check list which could be converted into a deal memo.

I’d encourage you to see if there’s anything important to you that I’ve left out, because when you write these things there’s almost always something you leave out. Since the business is changing rapidly, as soon as you sit down to write one of these things there’s some new configuration that becomes all the rage, so there will be some topics not included because you have to draw the line somewhere.

Feel free to post any comments. You can download the article here.

record-producer-agreements-v-3Download

record-producer-agreements-v-3Download
by thetrichordist

PRESS RELEASE: Copyright Alliance Applauds Nomination of Deborah Robinson as Intellectual Property Enforcement Coordinator

Washington, DC—Today, Copyright Alliance CEO Keith Kupferschmid issued the following statement in support of the Biden administration’s announcement that Deborah Robinson has been nominated to be the next Intellectual Property Enforcement Coordinator (IPEC):

“The position of Intellectual Property Enforcement Coordinator (IPEC) is crucial to the United States’ continued strong and effective support for intellectual property (IP) laws and policies, both here and abroad. The Copyright Alliance is pleased to learn that the White House has nominated Deborah Robinson to be the next IPEC and urges the Senate to expeditiously consider and approve her nomination.

“Deborah Robinson is an accomplished attorney, experienced IP content and protection specialist, and former prosecutor who has real world experience. We are confident that, upon Senate confirmation of her nomination, she will do a tremendous job in this very important role as she works to further IP protections across the country.”

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ABOUT THE COPYRIGHT ALLIANCE: The Copyright Alliance is a non-profit, non-partisan public interest and educational organization representing the copyright interests of over two million individual creators and over 15,000 organizations in the United States, across the spectrum of copyright disciplines. The Copyright Alliance is dedicated to advocating policies that promote and preserve the value of copyright, and to protecting the rights of creators and innovators. For more information, please visit our website.
by Trichordist Editor

Snoop Asks in @hypebot: “How can you get a billion streams and not get a million dollars?”

Snoop Dogg had strong words for Spotify, Apple Music, and other music streaming services during an interview with former Apple Music Creative Director Larry Jackson at the Milken Institute Global Conference.

“I know I’m going off-script right now, but fuck it. This is business,” said Snoop “In a room full of business people and somebody may hear this so the next artist don’t have to struggle and cry for his money because some of these artists are streaming millions and millions and millions and millions of fucking streams and they don’t got no millions of dollars in the pot.”

Read the post on Hypebot

by Trichordist

Save the Date: May 2, 4:15pm Central European Summer Time (CEST), Tom Grey and friends on fixing streaming

Register for the panel here

by Trichordist Editor

Copyright Office Authorized a Star Chamber at the MLC to Hold Your Money

We knew this would happen. The Copyright Office has empowered the Mechanical Licensing Collective to decide whether a song (or a sound recording) can be copyrighted all under the guise of AI. If the MLC–not the Copyright Office–decides that your song is not capable of being registered for copyright, the MLC can hold your money essentially forever.

Where’s the regulation on this important subject? Did you get a chance to comment on these crucial regulations and precedent?

Ah…no. You didn’t miss any notices in the Federal Register. No, we know this because of this cozy “guidance letter” to MLC CEO Kris Ahrend from the general counsel of the Copyright Office. That’s right, a letter that we just happened to run across. That letter states:

More specifically, the Office advises that a work that appears to lack sufficient human authorship is appropriately treated by The MLC as an “anomal[y],” consistent with its Guidelines for Adjustments, and The MLC should “place [associated] Royalties in Suspense while it researches and analyzes the issue.” Such research could include corresponding with the individual or entity claiming ownership of the work or [could include] inquiring whether the Office has registered the work and whether there are any disclaimers or notes in the registration record.

If The MLC subsequently concludes that the work qualifies for copyright protection and the section 115 license, it should distribute any royalties and interest in suspense to the copyright owner. Alternatively, if The MLC believes that the work does not qualify for copyright protection following its research and analysis, it should notify the individual or entity claiming ownership of the work of its determination and that associated royalties will be subject to an adjustment. This conclusion and adjustment may be challenged by initiating an “Adjustment Dispute” consistent with The MLC’s policies. If legal proceedings are initiated to challenge The MLC’s actions, the disputed royalties and interest should remain suspended until those proceedings are resolved.

So just in one paragraph, the Copyright Office has effectively delegated its role in the U.S. government to a private corporation controlled by the largest music publishers and financed by the largest tech companies in the world (actually the largest corporations in the history of commerce). If the MLC decides that your song “appears to lack sufficient human authorship” The MLC can hold your money while they research the issue.

Note this doesn’t say who makes that decision, it doesn’t say when they have to notify you, it doesn’t say they have to give you an opportunity to be heard, it places no timeline on how long all this may take. “The MLC” (whoever that is) could sit on your money for years without ever telling you they are doing it and also keep invoicing the DSPs for your royalties while they “research and analyze the issue”.

The only time they have to give you notice if they “believe” (whatever that means) “that the work does not qualify for copyright protection” then “it should” (not the mandatory “shall”, but the permissive “should”) notify you of that determination. You can then file an “adjustment dispute” based on the MLC’s own guidelines which you will not be surprised to learn places no disclosure obligations on them, imposes no timeline and cannot be appealed.

Note that this guidance from the Copyright Office pretty expressly contemplates that the MLC may dispute a work that has already been registered for copyright without qualification–which raises the question of what a copyright registration actually means, and where is it written that the MLC has the authority to challenge a conformed Copyright Office registration.

It also places the MLC in a superior position to the Copyright Office because it allows the MLC to initiate a dispute resolution system outside of the Copyright Office channels. Is this written somewhere besides a burning bush on Mount Horeb?

The letter does seem to suggest that you can always sue the MLC or that the MLC could be prosecuted for state law crimes, perhaps, like conversion, but it would help to know who at the MLC is actually responsible.

This also raises the question of why the MLC is invoicing the DSPs in the first place and what happens to the money every step along the path. Because of the idiotic streaming mechanical royalty calculation, it seems inevitable that the royalty pool will be overstated or understated if the MLC is claiming works that are not subject to copyright (like it would for public domain works it invoiced).

Ever wonder what prompts letters like this to get written?

Play your part, dude. Go back to sleep.

by Trichordist Editor

@musicbizworld: UNIVERSAL MUSIC GROUP RESPONDS TO ‘FAKE DRAKE’ AI TRACK: STREAMING PLATFORMS HAVE ‘A FUNDAMENTAL RESPONSIBILITY TO PREVENT THE USE OF THEIR SERVICES IN WAYS THAT HARM ARTISTS’

The track, heart on my sleeve, credited to the ‘artist’ ghostwriter, has racked up more than 230,000 plays on YouTube, and more than 625,000 plays on Spotify.

In addition to AI-replicated vocals of Drake, the track – a seemingly original composition – also features AI-replicated vocals of The Weeknd’s voice.

Both Drake and The Weeknd release their (real life) records via UMG and its Republic Records.

Said UMG in a statement to MBW in the wake of today’s news: “UMG’s success has been, in part, due to embracing new technology and putting it to work for our artists–as we have been doing with our own innovation around AI for some time already.

“With that said, however, the training of generative AI using our artists’ music (which represents both a breach of our agreements and a violation of copyright law) as well as the availability of infringing content created with generative AI on DSPs, begs the question as to which side of history all stakeholders in the music ecosystem want to be on: the side of artists, fans and human creative expression, or on the side of deep fakes, fraud and denying artists their due compensation.

Read the post on Music Business Worldwide

@musicbizworld: UNIVERSAL MUSIC GROUP RESPONDS TO ‘FAKE DRAKE’ AI TRACK: STREAMING PLATFORMS HAVE ‘A FUNDAMENTAL RESPONSIBILITY TO PREVENT THE USE OF THEIR SERVICES IN WAYS THAT HARM ARTISTS’ — Artist Rights Watch–News for the Artist Rights Advocacy Community

by theinvisiblestagehand

@musicbizworld: Spotify’s Mission Statement is Preposterous. Its latest announcements prove it.

[Chris sez: It is not enough for a Silicon Valley company to have a good idea or a compelling product or service. No, no–like Elizabeth Holmes the convicted felon, or Google, who probably should be convicted felons, these people have to convince themselves that they are saving the world. Literally. This is true no matter how ordinary their accomplishments. 

Like the self-hypnotist, they convince themselves that their powers of commerce are transcendent and otherworldly. History begins with them. Never should their revelatory accomplishments be compared to building a better mousetrap.

Spotify is no different, and they will damn well prove that their mission statement has no less than the predictive power of the oracle of Balaam. But of course they fail, flesh and blood being what it is in this time before the Singularity. 

Tim Ingham fries up Spotify’s “mission statement” in this must read expose. (Read the post on Music Business Worldwide.) But realize this–you can rest assured that if Daniel Ek didn’t write this claptrap himself, he definitely must have approved it. So if you ever wondered whether Ek had a grip on reality, it appears that his grip is weak. But you know, in the beginning was the word, et cetera, et cetera.]

In Spotify’s words, Loud & Clear exists for one reason above any other: “[To] provide a valuable foundation for a constructive conversation”.

Thing is, it’s not the surface-level data on Loud & Clear – the data that Spotify wants you to pay attention to – that makes for the most “constructive conversation” about the music industry and where it’s headed.

To get to the good stuff, you’ve got to dig a little deeper than that….

Taken at face value, these figures point to the ever-widening base of artists earning decent payouts from the world’s largest subscription streaming platform.

Spotify obviously likes that narrative a lot. As its Loud & Clear site boasts: “More artists are sharing in today’s thriving music economy compared to the peak of the CD era.”

Thing is, any half-credible analysis of these numbers has to take into account how they’ve changed over time.

And when we start treading this path, these figures begin to take on a different nature – one that flies in the face of Spotify’s wonderfully earnest, but laughably silly, mission statement.

Read the post on Music Business Worldwide

by trichordist

Fans and Trust and Trust by Fans Are Essential for AI to Succeed

By Chris Castle

[This post first appeared on MusicTechPolicy]

We are told that artificial intelligence is a powerful tool that may end up being either the end of humanity through automated super soldiers making autonomous decisions regarding their own AI devised rules of engagement, or life saving medical procedures and diagnostic tools like House meets HAL. As usual–both outcomes are probably equally likely if humanity doesn’t keep the deus in the machina. We really don’t want them thinking “Hell is other machines.”

The question I have is how will we keep humanity around when companies like Google are hell-bent on achieving the Singularity ASAP. This is particularly true of creators–let’s not kid ourselves that the Google Books project was some altruistic motivation to build the digital library of Alexandria rather than a massive digitization project to build a large language model to train artificial intelligence through corpus machine translation.  And still is. As Kurt Sutter (show runner for Sons of Anarchy) taught us about Google, “[t]he truth is, they don’t give a shit about free speech, and are the antithesis of their own mantra, ‘Don’t be evil.’” That was 2014 and boy was he right. And he still is. It’s not just Google, but Google is emblematic of Silicon Valley.

One of the lessons we learned from the 1990s is the calvary is not coming. We have to take our own steps to work both cooperatively and defensively against a tech threat. The Human Artistry Campaign and its AI Principles effort is a hopeful indicator that the creative community and its partners are coming together to get ahead of both the threat and the promise of AI.

Let’s not forget that it’s not just about us, it’s also about the fan, our “consumers” if you will. The biggest threat to creators in my view is destroying the relationship of trust that exists between fans and creators. If AI can allow a machine to impersonate a creator, that deception harms the creator, surely. But it also harms the fan. 

One of the AI principles from the Human Artistry Campaign jumped out at me as addressing this vital issue:

  • Trustworthiness and transparency are essential to the success of AI and protection of creators. 

Complete recordkeeping of copyrighted works, performances, and likenesses, including the way in which they were used to develop and train any AI system, is essential. Algorithmic transparency and clear identification of a work’s provenance are foundational to AI trustworthiness. Stakeholders should work collaboratively to develop standards for technologies that identify the input used to create AI-generated output. In addition to obtaining appropriate licenses, content generated solely by AI should be labeled describing all inputs and methodology used to create it — informing consumer choices, and protecting creators and rightsholders. 

Informing consumer choices. For a moment forget the artistic integrity, forget the human intervention, forget the free riding, just for a moment because these are all vital issues, too. At the core of the AI problem is deception and that issue is as old as time. You can’t essentially deceive fans about the origin of a work and you certainly can’t build a machine that does this all the livelong day and pretend you didn’t.

In Book 2 of Plato’s Republic, he uses the legend of a magic ring that turns the bearer invisible to illustrate a dialog on the nature of justice. The ring turns the wearer invisible so that they are capable of doing all manner of things while invisible–or anonymous–that would clearly be both unjust and punishable without the ring. Plato asks if an act is unjust solely because you get caught or is it unjust regardless of whether you are hidden from sight or apprehension. Yep, those Greeks were onto this early.

Deception is not genius. At the core of our concerns about AI is keeping them honest to protect our fans and the bedrock of the creator-fan relationship. Consumers should be able to rely on the reality of what appears to be an artist’s work that it actually does come from that artist. 

We do this with almost any other product or service that is placed into commerce, so why not with creative works? After all, artist rights are human rights.

We were happy to endorse the AI principles and encourage you to find out more about it at the Human Artistry Campaign or Artist Rights Watch and sign the petition.

by Trichordist Editor