Reverend Dr. Martin Luther King, Jr.’s “Love Your Enemies” Sermon

January 15, 2018 Leave a comment

You have heard that it was said, “You shall love your neighbor, and hate your enemy.” But I say to you, love your enemies, and pray for those who persecute you in order that you may be sons of your Father who is in heaven; for He causes His sun to rise on the evil and the good, and sends rain on the righteous and the unrighteous. For if you love those who love you, what reward have you? Do not even the tax-gatherers do the same? And if you greet your brothers only, what do you do more than others? Do not even the Gentiles do the same? Therefore you are to be perfect, as your heavenly Father is perfect.

Gospel According to St. Matthew 5:43.

Truth Will Out! @digitalmusicnws: Surprise! The ‘Music Modernization Act’ Prohibits Litigation Against Streaming Services [With New Even Safer Harbor Power Play] — Artist Rights Watch

January 15, 2018 Leave a comment

[Editor Charlie sez: You’ve all probably gotten mass emails full of glittering generalities about the controversial Music Modernization Act that don’t tell you what the bill actually says or the power play that’s actually going on. Well…you’ve been Sneekyfy-ed! More News from the Goolag on the latest government taking by the lobbyists to follow!]

via Truth Will Out! @digitalmusicnws: Surprise! The ‘Music Modernization Act’ Prohibits Litigation Against Streaming Services [With New Even Safer Harbor] — Artist Rights Watch

Read the post by Paul Resnikoff on Digital Music News

Read the Music Modernization Act here

Spotify Class Action Take 2: @stuartdredge: HFA/Rumblefish to handle Facebook’s indie publishers

January 11, 2018 Leave a comment

[Editor Charlie sez: Remember what Bluewater Music Publishing’s counsel Richard Busch had to say about Spotify?

At the time that Spotify hired HFA, HFA had a database with less than the number of recordings and compositions available in the Spotify library. Between this insufficient database, Spotify’s piecemeal system, and HFA’s own lack of a system capable of complying with the statutory requirements for compulsory licensing, copyright infringement was assured.

Despite knowledge of these deficiencies, Spotify moved forward with a non-compliant system that allowed for massive infringement from its launch in the United States in June 2011.

Not to worry, little people, they’re baaackkkk…..]

Facebook is also announcing a partnership with SESAC and HFA/Rumblefish that will cover songwriters signed to independent publishers, with Rumblefish sharing data with Facebook to help it identify and clear works.

Or, as the social network’s head of commercial music publishing partnerships Scott Sellwood put it, a deal that will offer indie publishers “the opportunity to participate in a new licensing program with Facebook. The program will enable users to upload and share videos with music on Facebook, Instagram and Oculus and allows publishers to be compensated for the use of their music”.

Read the post on MusicAlly

[By the way, does anyone know what the deal is? Or if it will cost more to sign up than you’d ever make?]

 

The Slippery Slope of Censorship: @HuffPost Pulls Story Critical of @Spotify Ahead of IPO — The Trichordist

January 9, 2018 Leave a comment

Artists Rights advocate Blake Morgan (#IRespectMusic) published a story in the Huffington Post this morning critical of Spotify. The story was rapidly gaining traction when it was suddenly deleted and Morgan received this email from the Huffington Post telling him he’d been censored From: Bryan Maygers Subject: Spotify’s Fatal Flaw Exposed Date: January 8, 2018 at 11:43:41 AM EST […]

Here’s Blake’s piece in its entirety.

Spotify’s Fatal Flaw Exposed: How My Closed-Door Meeting with Execs Ended in a Shouting Match

I love streaming.

I love making playlists, I love being able to download streamed music so I can listen when I’m offline, and I love being able to bring that music with me. In short, I think it’s a great distribution method.

What I don’t love is how little musicians get paid for all that streaming. It’s not fair––not even close. What’s more, middle-class music makers are the ones who are hit hardest, whose businesses are threatened, and whose families are put at risk. So how can I be against the way streaming companies treat musicians but not be
against streaming itself?

The same way I’m against the electric chair, but not against electricity.

Read the complete post on The Trichordist:  The Slippery Slope of Censorship: @HuffPost Pulls Story Critical of @Spotify Ahead of IPO — The Trichordist

@songpreneurs: Why Is Tom Petty Suing Spotify and How Does This Relate to the Music Modernization Act? — Artist Rights Watch

[Editor Charlie sez:  Another songwriter group against the controversial Music Modernization Act! See the Songwriter’s Guild opposition letter here  and read the legislation here.]

The end of 2017 and beginning of 2018 has seen a flurry of activity as headlines reveal another $1.6 Billion Dollar Lawsuit against the tech streaming online distribution company, this time by Wixen Music Publishing, who represent compositions by Neil Young, Tom Petty, Rage Against the Machine and others.

This latest lawsuit joins nearly half a dozen other class action / lawsuits against Spotify by independent music creators and rights administrators filed in the past two years.

“The Trichordist” blog collaborator, Cracker and Camper Van Beethoven front man, David Lowery of Athens, Georgia and songwriter Melissa Ferrick successfully sued Spotify and settled with a $43.4 Million Fund for unpaid songwriter and publisher royalties last year.

Around the same time the NMPA (National Music Publishers Association) also stepped in and made their own $30 Million settlement with Spotify as reported by Robert Levine in Billboard in May of 2017.

Nashville / Texas based Bluewater Music Services Corp filed a lawsuit against Spotify in 2017, led by champion of the underdog attorney Richard S. Busch, the same lawyer who represented the victorious Marvin Gaye estate in their “Blurred Lines” infringement case, and helped Eminem successfully stand up to EMI when his rights were being squashed in the name of commerce.

The Bluewater suit and yet another Spotify lawsuit by an independent music publisher, Rob Gaudino are both detailed in this Variety article “Spotify Faces Two New Lawsuits From Music Publishers” by Janko Roettgers in July 2017.

 These lawsuits highlight Spotify’s ongoing battle to do business with its suppliers, the songwriters and music publishers who are forced through federal regulation to make their material available to Spotify and other streaming companies against their will through a practice known as Compulsory Licensing, whereby the rights owners are not permitted to deny usage of their intellectual property.

What kind of negotiation can actually happen if one party cannot walk away?  Not much, we are proving.

Read the post on Songpreneurs

 

@eriqgardner: Spotify Hit With $1.6 Billion Copyright Lawsuit Over Tom Petty, Weezer, Neil Young Songs [Music Modernization Act Fallout]

January 2, 2018 Leave a comment

In a curious twist, Eriq Gardner reports that the controversial Music Modernization Act has already prompted the inevitible litigation from a publisher seeking to beat the bill’s new safe harbor deadline applicable to lawsuits filed after January 1, 2018.  Wixen Pubilshing filed the new lawsuit on December 29, 2017, two years to the day after David Lowery filed the first class action against Spotify, but before the  Music Modernization Act legislation is even available on thomas.gov.

 

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The new safe harbor on p. 82 of the Music Modernization Act

 

As the new year begins, the music industry could be set for an epochal moment. Hopes are running high for the first significant reform of music licensing rules in decades. The coming year may also see Spotify go public. But before any of this happens, the Stockholm, Sweden-based streaming giant must now contend with a massive new copyright lawsuit from Wixen Music Publishing, which administers song compositions by Tom Petty, Zach De La Rocha and Tom Morello of Rage Against the Machine, The Black Keys’ Dan Auerbach, Steely Dan’s Donald Fagen, Weezer’s Rivers Cuomo, David Cassidy, Neil Young, Sonic Youth’s Kim Gordon, Stevie Nicks and many others.

On Friday, Wixen Music Publishing filed a lawsuit in California federal court that alleges that Spotify is using Petty’s “Free Fallin’,” the Doors’ “Light My Fire” and tens of thousands of other songs without a license and compensation. The plaintiff is seeking a damages award worth at least $1.6 billion plus injunctive relief.

Wixen’s lawsuit is being revealed here for the first time, but the move will come as hardly a surprise to those who have been paying attention to Spotify’s growing copyright problem….

[T]he Music Modernization Act would impact copyright holders suing over mechanical reproduction after Jan. 1, 2018, which helps explain the New Year’s Eve filing.

“We are very disappointed that these services will retroactively get a free pass for actions that were previously illegal unless we actually file suit before Jan. 1, 2018,” said Wixen president Randall Wixen in a statement to The Hollywood Reporter. “Neither we nor our clients are interested in becoming litigants, but we have been faced with a choice of forfeiting rights and damages, or taking action at this time. We regret that this otherwise admirable proposed bill has had this effect, and we hope that Spotify nonetheless comes to the table with a fair and reasonable approach to reaching a resolution with us. We are fully prepared to go as far forward in the courts as required to protect our clients’ rights.”

Read the post on The Hollywood Reporter

Read the Wixen complaint here

Read the Music Modernization Act here

hypebot: Songwriter’s Guild Sounds Alarm Over “Serious Problems” In Music Modernization Act of 2017

January 2, 2018 Leave a comment

[Important comments on the controversial “Music Modernization Act of 2017” which is essentially Take Two of the failed Section 115 Reform Act of 2006.  The bill was evidently under negotiation behind closed doors for months but was made public a few days before Christmas.  This confirms the long standing rumor that Big Tech is getting control over the mythical and debunked “global rights database.”  Independent songwriters were evidently essentially excluded from the process, which has raised concerns from songwriter organizations like the Songwriters Guild of America.  Extra points if you can figure out which pre-IPO DiMA member benefits the most from the bill!]

Rick Carnes, president of the Songwriters Guild of America, expresses his organization’s serious concerns with much of the Music Modernization Act of 2017, which seeks to reform music licensing, although not in ways which the SGA believes will benefit songwriters.

_______________________

Guest post by Rick Carnes, president of Songwriters Guild of America 

[Editor: Read The Music Modernization Act of 2017]

1

Dear Representative Collins:

I write as president of The Songwriters Guild of America, Inc., the nation’s longest established music creator organization run solely by and for music creators, representing thousands of professional music creators and their heirs.

Thank you for forwarding a copy of the draft Music Modernization Act of 2017 [the day before it was introduced] for our review prior to its introduction, which was much appreciated. We continue to believe that reform of the music licensing process is and must continue to be an exceptionally high legislative priority – second only to the need to raise music royalty rates to equitable levels that will sustain our community. We applaud your sincere efforts and the efforts of the many members of Congress who have been hard at work trying to fashion solutions to these challenges over the past several years, and hope to continue working closely with them until those worthy and important aims are met.

While it was impossible for us to fully digest and analyze the more than one-hundred-page draft legislation in the short amount of time provided, we wanted in fairness to point out to your office that while there are many good points about the draft, including the section 114 performance rights-related reforms, our initial review indicates that there are a number of very serious problems that will need to be addressed before SGA and thousands of its music creator colleagues can support the bill.

Just by way of example, enactment of the proposed bill as currently constituted would –to the best of our knowledge—represent either one of the first times or the very first time in history that any Government has acted to sanction the creation of a music copyright licensing and royalty collective over which creators themselves would not share at least equally in governance. That is a concept that we cannot support.

There are many other problems too numerous to detail in this short letter, but they include serious fairness, transparency and practical issues related to the proposed processes of setting up the licensing collective, the distributing of unidentified monies on a market share basis and the need to better protect music creator economic rights in that context, the vague nature of any optout mechanisms, the granting of relief from statutory damages liability to prior willful infringers, the scope of the musical composition database (including songwriter/composer information), the provisions concerning shortfall and other funding aspects of the collective, the absence of direct distribution of royalties by the collective to songwriters and composers, the vague nature of the audit activities to be optionally conducted by the collective, and the complications in that and other regards raised by obvious conflicts of interest issues.

Read the post on Hypebot

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