New Songwriter Union Survey and @ArtistRights Institute Newsletter 3/10/25

The Artist Rights Institute’s news digest Newsletter

New Survey for Songwriters: We are surveying songwriters about whether they want to form a certified union. Please fill out our short Survey Monkey confidential survey here! Thanks!

Big Tech’s “Text and Data Mining” Lobbying Head Fake

George York of Digital Creators Coalition and RIAA gives an excellent overview of international AI Text and Data Mining (TDM) loopholes and how to plug them. Nov. 20, 2024 Artist Rights Symposium, Washington, DC. Watch the Symposium playlist here.

Music

“I felt like a puppet”: the Motown hit Marvin Gaye felt like he didn’t deserve (Ben Forrest/Far Out) (h/t @ElizaNealsRocks

TikTok

Negotiations over a TikTok US deal have reportedly yet to begin (Stuart Dredge/Music Ally)

Artificial Intelligence: Text and Data Mining Exceptions

Digital Creators Coalition Letter to USTR on US Trade Policy for Threats from Text and Data Mining Exceptions Misapplied in AI Training (Chris Castle/Artist Rights Watch)

Sony slams ‘unworkable’ AI plans as music theft (William Turvill/The Sunday Times)

AI copyright shake-up could breach international law (Mark Sellman/The Times). (Tracks comments on Berne et al made by Digital Creators Coalition to USTR)

REPORT ON PIRATED CONTENT USED IN THE TRAINING OF GENERATIVE AI (Rights Alliance for Creative Industry on the Internet)

Ticketing

TWO PEOPLE ARRESTED ON CYBERCRIME CHARGES AFTER STEALING STUBHUB TICKETS TO ERAS TOUR(Daniel Kreps/Rolling Stone)

@ArtistRights Institute’s UK Government Comment on AI and Copyright: Why Can’t Creators Call 911?

We will be posting excerpts from the Artist Rights Institute’s comment in the UK’s Intellectual Property Office proceeding on AI and copyright. That proceeding is called a “consultation” where the Office solicits comments from the public (wherever located) about a proposed policy.

In this case it was the UK government’s proposal to require creators to “opt out” of AI data scraping by expanding the law in the UK governing “text and data mining” which is what Silicon Valley wants in a big way. This idea produced an enormous backlash from the creative community that we’ll also be covering in coming weeks as it’s very important that Trichordist readers be up to speed on the latest skulduggery by Big Tech in snarfing down all the world’s culture to train their AI (which has already happened and now has to be undone). For a backgrounder on the “text and data mining” controversy, watch this video by George York of the Digital Creators Coalition speaking at the Artist Rights Institute in DC.

In this section of the comment we offer a simple rule of thumb or policy guideline by which to measure the Government’s rules (which could equally apply in America): Can an artist file a criminal complaint against someone like Sam Altman?

If an artist is more likely to be able to get the police to stop their car from being stolen off the street than to get the police to stop the artist’s life’s work from being stolen online by a heavily capitalized AI platform, the policy will fail

Why Can’t Creators Call 999 [or 911]?

We suggest a very simple policy guideline—if an artist is more likely to be able to get the police to stop their car from being stolen off the street than to get the police to stop the artist’s life’s work from being stolen online by a heavily capitalized AI platform, the policy will fail.  Alternatively, if an artist can call the police and file a criminal complaint against a Sam Altman or a Sergei Brin for criminal copyright infringement, now we are getting somewhere.

This requires that there be a clear “red light/green light” instruction that can easily be understood and applied by a beat copper.  This may seem harsh, but in our experience with the trillion-dollar market cap club, the only thing that gets their attention is a legal action that affects behavior rather than damages.  Our experience suggests that what gets their attention most quickly is either an injunction to stop the madness or prison to punish the wrongdoing. 

As a threshold matter, it is clear that AI platforms intend to continue scraping all the world’s culture for their purposes without obtaining consent or notifying rightsholders.  It is likely that the bigger platforms already have.  For example, we have found our own writings included in CoPilot outputs.  Not only did we not consent to that use, but we were also never asked.  Moreover, CoPilot’s use of these works clearly violates our terms of service.  This level of content scraping is hardly what was contemplated with the “data mining” exceptions. 

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.

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