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COUNTDOWN TO MODERNITY (11/5/18)–The Progress to Production Chart for the Mechanical Licensing Collective

November 5, 2018 Comments off

As best we can tell from the outside looking in, this chart has the dates for key events in the critical path to launch for the Mechancial Licesing Collective as required by the Music Modernization Act–the “Countdown to Modernity.”

This chart is a work in progress, and if anyone sees anything wrong in it or something that should be clarified or corrected, please let us know.  It should be considered a draft, but we hope that it will solidify over the next few weeks.

To our knowlege, no one else has published a chart like this.  The main takeaway from this chart should be the clock is ticking and time is going by.  Our prediction?  Time will become the MLC’s biggest enemy, if that hasn’t already happened in the drafting of the Music Modernization Act.  What we don’t see in the MMA is any discussion of what happens if a deadline is blown for whatever reason.

But mark your calendars–we see the first key date as January 7, 2019.  That’s 64 days from now and holidays count.

ARTIST RIGHTS WATCH
COUNTDOWN TO MECHANICAL LICENSING COLLECTIVE LAUNCH
WEEK 4

KEY DATES SCHEDULE FROM ENACTMENT DATE (10/11/18)

TO LICENSE AVAILABILITY DATE (1/1/21)

EVENT ACCCOMPLISHED WHO OWNS? TIME EXPIRED   BEFORE LAD TIME REMAINING TO LAD
REQUEST FILING TO BE MLC STATUS UNKNOWN—Deadline  1/7/2019 COPYRIGHT OFFICE 90 DAYS 726 days
DESIGNATION OF MLC STATUS UNKNOWN—Deadline  7/7/2019 COPYRIGHT OFFICE 270 days 545 days
FORMATION OF MLC NONPROFIT STATUS UNKNOWN MLC 4 weeks 112 weeks and 5 days
SUBSTITUTION OF BLANKET LICENSE FOR ALL EXISTING COMPULSORY LICENSES AUTOMATIC 1/1/2021 COPYRIGHT OFFICE 789 days
MLC BUDGET STATUS UNKNOWN

(Assume deadline of 1/7/19)

MLC/DLC/CRJ 112 weeks and 5 days
INITIATE ASSESSMENT PROCEEDING w/CRJs [MUST COMMENCE NO LATER THAN 7/7/2019]

STATUS UNKNOWN

MLC/DLC/CRJ 271 days 545 days
ASSESSMENT RULING [PUBLISHED IN FR NO LATER THAN 7/7/2020] MLC/DLC/CRJ 637 days 179 days
APPEAL OF ASSESSMENT RULING 30 DAYS AFTER PUBLICATION OF ASSESSMENT RULING MLC/DLC/CRJ/ DCCOA 667 days 149 days
MLC BUSINESS PLAN STATUS UNKNOWN

(Assume deadline of 1/7/19)

MLC/CO 90 DAYS 726 days
ANNOUNCED BOARD NOMINEES STATUS UNKNOWN

Update on Nominations (Deadline November 15, 2018):  NMPA and NSAI are accepting nominations for board seats.  Songwriter board selection by Steve Bogard (NSAI), Rick Carnes (SGA), Lynn Gillespie Chater (SGA), Dallas Davidson (BMI), Chris DeStefano (NSAI), Bob DiPiero (BMI), Dan Foliart (ASCAP), Adam Gorgoni (SONA), Michele Lewis (SONA), Paul Williams (ASCAP)

(Assume deadline of 1/7/19)

MLC 90 DAYS 726 days
APPOINTED BOARD STATUS UNKNOWN

(Assume deadline of 1/7/19)

MLC/CO 90 DAYS 726 days
APPOINTED DLC STATUS UNKNOWN—Deadline  7/7/2019 COPYRIGHT OFFICE 270 days 545 days
ENGAGED  MLC VENDORS STATUS UNKNOWN

(Assume deadline of 1/7/19)

MLC 90 DAYS 726 days
PAID MLC VENDORS STATUS UNKNOWN (ASSUME 7/7/2020 IF NO APPEAL OF ASSESSMENT) MLC 270 days 545 days
ANNOUNCE MLC DATA STANDARDS STATUS UNKNOWN MLC/DLC
REGULATIONS* STATUS UNKNOWN COPYRIGHT OFFICE
COMMENTS AND REPLY COMMENTS ON REGULATIONS STATUS UNKNOWN ALL
EXPLANATION OF OPERATIONS: HOW TO REGISTER WITH MLC AND COST OF REGISTRATION STATUS UNKNOWN

(Assume deadline of 1/7/19)

MLC/CO 90 DAYS 726 days
REGISTRATION START DATE STATUS UNKNOWN

 

MLC=Mechanical Licensing Collective

DLC=Digital Licensee Coordinator

CRJ=Copyright Royalty Judges

DCCOA=District of Columbia Circuit Court of Appeals

CO=Copyright Office

LAD=License Availability Date

*Topic areas to be updated as announced

Please take the New Survey on Music Subscription Royalties

November 3, 2018 Comments off

The survey link is here, thanks!

See SPOT Fall–Does the Decline of Spotify’s Stock Price Mean Anything? — Music Tech Solutions

November 2, 2018 Comments off

What’s happening with the Spotify stock price? Chris Castle argues that the main downward driver for SPOT is the market catching up to the Spotify inflated DPO price and its subsequent insider-heavy stock sales.

via See SPOT Fall–Does the Decline of Spotify’s Stock Price Mean Anything? — Music Tech Solutions

Ethical Pool: More for few or fewer for more – The Results of a Comparative Study on Pro Rata and User Centric Distribution Models from Finland — Music Tech Solutions

October 31, 2018 Comments off

Egginghaus and German Street View

September 26, 2018 Comments off

[Editor Charlie says:  This Chris Castle post originally appeared in MTP on Nov. 23, 2010.  We are reposting in light of Google’s recent efforts through cut outs and the trade groups in their paid service to perpetuate Google’s safe harbor in the European Copyright Directive so ably exposed by David Lowery, Volker Reick, the Times of London and FAZ.  Perhaps the MEPs voting against Google should get ready for an Egginghaus.]

The brilliantly witty Chris Matyszczyk has a fascinating story of lobbing, Google style, in reaction to the launch in Germany of Google Street View.   That’s right.  Lobbing, not lobbying.  Or at least it would appear so. (With apologies to Julius Ebbinghaus.)

Organizing the World’s Information Whether the World Likes it or Not

Apparently, 3% of Germans already want out of Street View 2 weeks after Google launched the intrusive product.  But let’s be clear about what “getting out of Street View” means–Google will take pictures of your house and put them on the Internet, but they won’t remove the pictures if you ask them to.  They will “blur” (or “pixelize”) the picture of your house to preserve your privacy–whatever that means. That is, they will pixelize the picture of your house as Google sees fit when Google gets around to it.  You can check out any time you like, but you can’t ever leave.

People who want to remove their buildings from Street View are becoming known as “pixelators”.  Yes.  It’s true.  The Pixelators: A new group to demonize for the Google PR machine.

And of course,  you can see your house right over the notice on each Street View image that says “© 2010 Google, Inc.”   Or to paraphrase a noted political figure, you might say “I can see Google’s copyright notice on my house!”

Now you might say that 3% of the population is a lot of people who don’t want something.  And you’d be right.  That’s certainly enough to throw an election.  (For reference, the Pirate Party needed 4% to get a seat in the Swedish Parliament.)

But here’s a different view from the Google press: “Despite Germany Threatening to Sue Google, Only 3% Have Opted Out of Street View“–since the pictures went online 2 weeks ago.  With the usual equivocation that is the hall mark of the Google movement, a couple facts are downplayed.  About 250,000 people out of 8 million or so have already come forward–in 2 weeks–to say they want out of the whole thing.  You can view that as a success if you like, but what that says to me is that there are a lot of people who are going to be telling their friends how to become Pixelators.  I’d say let’s check back in 6 months and see how things are going.

And then there’s Jeff Jarvis (author of What Would Google Do? a “…scattered collection of rambling rants lauding Google’s abilities to harness the power of the Internet Age [that] generally misses the mark.  While his insights are stimulating, Jarvis’s tone is acerbic and condescending; equally off-putting is his pervasive name-dropping” according to Publishers Weekly).

Professor Jarvis is full of pixel and vinegar about anyone who would do what Google would not: “You [pixelators] have digitally desecrated your cities” the noted Google supporter blogged, recounting a Green Party meeting he attended with “someone”: “As someone in the audience said when I spoke on the topic at a meeting of the Green party in Berlin a few weeks ago, it is as if they [the pixelators] are digitally bombing the German landscape.”  “Desecrated”?   “Bombing”? Really?

The Incredible Lobbable Egg

In an interesting twist–some of the Germans who had their houses blurred in Street View got their houses pelted with eggs and had signs hung on their doors saying “Google is cool!” apparently by advertising loving “vigilantes” who like the commercialization of their homes.  And maybe even their own homes.  You can’t buy that kind of loyalty.

I guess.

An alternate slogan for the sign could have been “Pixelization Doesn’t Scale!”

Grassroots vigilantism in support of American multinational corporations is such a grand tradition in Europe, no one should be surprised that Google evokes this kind of demonstration.  Particularly since Google did so well with the German book authors in the Google Books catastrophe (see “German Authors Outraged at Google Book Search“).

I swear, I swear, I swear I’m not making this up–read Chris Matyszczyk’s story.  There’s more and he’s much funnier than I am.

But ask yourself this: Given what we have seen of organic rioting in Europe, we know that these free rangers are no chickens.  What kind of a self-respecting anti-pixelator would select the humble egg as a weapon of choice in such a situation?

Pixelators of the World, Unite!

In other news from the Goolag, eWeek reports that “Street View in Germany may get a curve ball later in 2010.  Germany Interior Minister Thomas de Maizière said the government will introduce a new privacy code in December, inviting Google and other Internet companies to submit suggestions for self-regulation before then.

Street View has had a harrying week. Canadian privacy officials said Google’s data collection in Canada violated privacy law, albeit unintentionally.  “Unintentionally”…must mean aside from that data collection working according to plan?

The company is now pursuing legal action against the country in the matter.”

No wait.  That last sentence should be “The country is now pursuing legal action against Google in the matter.”  You caught that, right?

Google told the BBC “‘We respect people’s right to remove their house from Street View and by no means consider this [egg lobbing] to be acceptable behaviour.'”  (But you can’t remove your house from Street View….  So Google may respect the right, but they don’t permit the exercise of the right they supposedly respect?]

As Kashmir Hill of Forbes said, “It’s ironic that those who wanted more privacy through blurring their homes wound up getting less of it.”  One might also ask if the egg lobbists wore “V” style “Guy Fawkes” masks.

Doesn’t it make you mad enough to pixelize?

See also: Wayward Google fans pelt houses with eggs (Deutsche Welle)

See also: Google Street View Lovers Egg Blurred German Houses (Forbes) by Kashmir Hill

See also: German vandals target Street View opt-out homes (BBC)

@IMPALAMusic: Calling all Creators, Europe is Under Attack

September 3, 2018 Comments off

[Attention @SenatorBurr @MarkWarner! GoogleTwitterFacebook are attacking the European Parliament just the way they do the US Congress!]

@mikehuppe: Broadcast Radio Makes an Ironic Plea for Fairness — Artist Rights Watch

August 8, 2018 Comments off

SoundExchange’s CEO says it’s time radio starts paying all music creators fairly for their work.

On Monday, a group of radio broadcasters penned a letter in support of the National Association of Broadcasters’ (NAB) push for deregulation of the $14 billion radio industry. Their letter was based on the NAB’s petition to the FCC this past June, in which the NAB sought to allow expanded broadcaster ownership of radio stations (i.e., increased consolidation) throughout the country. The NAB’s justification: broadcasters must adjust their business model to the realities of the new streaming world.

As a representative of the many creative parties who help craft music, we are frequently on the opposite side of issues from the NAB. And while I can’t comment on NAB’s specific requests, I was delighted to find so much common ground in their FCC filing in June….

I agree with the NAB that the law should “finally adopt rules reflecting competitive reality in today’s audio marketplace” and should “level the playing field” for all entities in the music economy.

If radio truly wants to modernize, it can start by taking a giant leap into the 21st century and paying all music creators fairly for their work. Stop treating artists like 17th century indentured servants, just so radio can reap bigger profits. If radio wants to have rules that reflect the music industry of today, then that should apply across the board.

We should resolve this gaping unfairness to artists before we begin talking about allowing radio to consolidate even further.

 

Read the post on Billboard

 

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