@royaltyclaim CEO: Services are Spending $50,000 a week to file “address unknown” NOIs — Artist Rights Watch

[Editor Charlie sez:  $50,000 a week is $2,600,000 a year and that’s a whole bunch of streams.  Imagine if they just paid the damn royalties….]

Press Release Teaser: “DSPs are collectively spending an average of over $50,000 PER WEEK to file mass ‘address unknown’ NOIs under the Section 115 compulsory license provision of the US Copyright Act.” – Dae Bogan, Chief Researcher at Royalty Claim / CEO at TuneRegistry More facts to come out next week when he presents Royalty Claim’s report on the […]

via @royaltyclaim CEO: Services are Spending $50,000 a week to file “address unknown” NOIs — Artist Rights Watch

@philouza: New Bill Calling For Transparency In Music Is Surprisingly Opaque — Artist Rights Watch

August 2, 2017 Leave a comment

NPR’s Andrew Flanagan on the controversial Transparency in Music Licensing and Ownership Act (TIMLAOA).

via @philouza: New Bill Calling For Transparency In Music Is Surprisingly Opaque — Artist Rights Watch

Controversial Bill On Music Licensing Has Nothing to Do with Small Business

August 1, 2017 Leave a comment

I dreamed up a startling new technique to attempt to divine whether the true purpose of the controversial Transparency in Music Licensing and Ownership Act (or…”TIMLOA”?)  was intended to protect small business as advertised by the MIC Coalition.  I determined that the safe harbors  in the Transparency in Music Licensing and Ownership Act (or as it’s been called, The Shiv Act) was actually designed to protect the biggest of big business.

What startling new technique did I utilize?  I read the bill.

What you don’t find in the bill is anything that limits its application to small business.  Is it common in music licensing legislation to find such protections?  Absolutely.   This wasn’t what I expected to find given the braying of the Disco Ducks.  But then you know what they say…

The Fair Play Fair Pay Act, for example, has special protection in great specificity for small business like noncommercial broadcasters, public broadcasters and small broadcasters.

The Performance Rights Act (from the 110th Congress) also had very clear exemptions for small broadcasters.

While as a matter of propaganda it ignores these protections, the Local Radio Freedom Act (aka “The Pay Your Rent With Exposure Bucks Act”) is very clear about protecting a particular class of broadcasters: “local radio.”

Exposure Bucks

Yet none of this protective language appears in the Transparency in Music Licensing and Ownership Act.  Why doesn’t the TIMLOA have such limiting language if it’s actually all about protecting small business?  Maybe because it’s not about small business at all?  Maybe it’s about these guys in the MIC Coalition:

mic-coaltion-8-15

Realize some MIC Coalition members are themselves trade associations for companies with combined market capitalizations over $1 trillion.  When you see logos for Digital Media Association, the CEA (now called the Consumer Technology Association) and the Computer and Communications Industry Association (home of the Disco Ducks) these are themselves made up of massive companies like Apple, Amazon, YouTube and of course Google, not to mention Spotify.  True small business can’t afford these lobbyists and PR firms (like the Glen Echo Group) this starts to look like the astroturf plant it really is.

So don’t let them tell you that the Transparency in Music Licensing and Ownership Act  is about small business, unless the MIC Coalition would like to include the kind of protective language in their bill that our business has always included to protect the real small business.

 

Don’t Believe the Astroturf: Yet More Regulations Won’t Help Songwriters or Small Business — Music Tech Solutions

By Chris Castle

“[Government] interference is but the first link of a long chain of repetitions, every subsequent interference being naturally produced by the effects of the preceding.” James Madison, The Federalist Papers No. 44

There is a bill in Congress backed by the mega lobbying juggernaut called the MIC Coalition that would force songwriters and artists to “register” with the government in order to protect their rights from the biggest corporations in the world. Failing to do so would take away the stick of statutory damages and an award of attorneys fees to songwriters or artists who are victorious in copyright infringement litigation. Statutory damages and attorneys’ fees are the only real protection that the government gives these creators–the smallest of small businesses.

via Don’t Believe the Astroturf: Yet More Regulations Won’t Help Songwriters or Small Business — Music Tech Solutions

@eriqgardner: Google Has a Big Canadian Problem — and It’s Getting Desperate — Artist Rights Watch

What is significant is that the case dealt with intellectual property and the possibility that Google might have to do more than pay lip service to piracy….If one didn’t know any better, it would be reasonable to assume that Google has lost its mind.

via @eriqgardner: Google Has a Big Canadian Problem — and It’s Getting Desperate — Artist Rights Watch

The Transparency in Music Licensing and Ownership Act: The Domesday Book Meets A Unicorn — Music Tech Solutions

July 27, 2017 Comments off

Americans are freedom loving people and nothing says freedom like getting away with it.

Long Long Time, written by Guy Forsyth

Longtime PRO opponent Rep. Sensenbrenner introduced a bill entitled “The Transparency in Music Licensing and Ownership Act“, a piece of work that is Dickensian in its cruelty, bringing a whole new meaning to either “newspeak” or “draconian,” take your pick.  It’s rare that the Congress can accomplish the hat trick of an interference with private contracts, an unconstitutional taking and an international trade treaty violation all in one bill.  But I guess practice makes perfect.  And since the MIC Coalition gave the bill a rousing cheer followed by a heaping serving of astroturf, we should not be surprised.  (Read the bill here.)

While this legislation currently applies only to songs and sound recordings, other creators should not feel that they’ve dodged a bullet.  I hear that the House Judiciary Committee staff is planning on closing the loop and making all copyright categories subject to the same “register or lose it” approach favored by Lessig, Samuelson and their fellow travelers.  If you thought that we are in an era of the triumph of property rights, that must be a different Congress you’re thinking of.

The bill perpetuates the myth of the “global rights database” that no one who understands the complexities believes will ever be created.  It sounds logical, right?  We have county recorders for real estate, the DMV for cars, why not a database for music?

That is an 11th century idea being welded onto a 21st century problem, the Domesday Book meets a unicorn.  The problem isn’t knowing who owns a particular work which evidently is either what they believe or want you to believe.

The problem is that the users don’t want to seek permission or beg forgiveness, either.  They want to get away with it.  This bill demonstrates that unassailable fact in colors bold as the Google logo.

Think about it–by the time you finish reading this post, 1000 songs will be written and 500 songs will be recorded somewhere out there in the world.  Or more.  (Not to mention photographs taken,  paintings painted, chapters written and so on.)

Do you think that songwriters around the world are thinking, now I know what lets do, let’s rush to go register that new song in the U.S. Copyright Office–in the database, the registration section, the recordation section?  Otherwise, I’ll never be able to afford the lawyer to sue Spotify if they don’t pay me.  I don’t think they’re thinking that at all and are about to fall into the MIC Association’s trap for the unwary.  Why the MIC Coalition?  We’ll come back to them.

mic-coalition-no-npr

MIC Coalition Members

In a nutshell, the bill requires the extraordinarily heavy burden of requiring all songwriters and recording artists (or their publishers or labels)–all, as in the entire world seeking to sue in the U.S., not just the US writers–to register numerous fields of data in a yet to be created database if they plan on suing for statutory damages:

[I]n an action brought under this title for infringement of the exclusive right to perform publicly, reproduce, or distribute a nondramatic musical work or sound recording, the remedies available to a copyright owner [ANY copyright owner] that has failed to provide or maintain the information [required] shall be limited to…(A) an order requiring the infringer to pay to the copyright owner actual damages for the public performance, reproduction, or distribution of the infringed work; and…(B) injunctive relief to prevent or restrain any infringement alleged in the civil action.

That means if you haven’t undertaken the formality of registering in this new database, then the user has no exposure to statutory damages and will not have to pay the victorious songwriter or artists attorneys’ fees.  And this new safe harbor applies apparently even if that songwriter or artist has filed a copyright registration under existing law.

There is nothing in the bill that actually requires the protected class to actually look up anything in this new database, or actually be in compliance with existing statutory licenses (such as the webcasting or simulcasting licenses).

So who is in the new protected class entitled to the Nanny State’s protection from those collusive and pesky songwriters and artists?  Let’s look at the victimology of the “ENTITLEMENT” paragraph.

Well, actually, there’s no “ENTITLEMENT” paragraph for the entitled, it’s actually called “APPLICABILITY” (see “newspeak”, WAR IS PEACE, etc.).  The connected class includes five different categories of cronies.

First, the defined term “An establishment” gets the new even safer harbor.  “Establishment” is a defined term in the Copyright Act (in Sec. 101 for those reading along at home):

An “establishment” is a store, shop, or any similar place of business open to the general public for the primary purpose of selling goods or services in which the majority of the gross square feet of space that is nonresidential is used for that purpose, and in which nondramatic musical works are performed publicly.

Like the members of this organization, the National Retail Federation:

mic-coaltion-8-15 Retailers

Then another defined term “A food service or drinking establishment”.  Kind of like these people:

mic-coaltion-8-15 Booze

That is, the National Restaurant Association, the American Hotel and Lodging Association  (aka those who put their kids through college thanks to SXSW) and their suppliers, the American Beer, Wine and Spirits Retailers.

Next, “A terrestrial broadcast station licensed as such by the Federal Communications Commission”.  I guess that would include the National Association of Broadcasters, iHeart, Salem and Cox (which of course raises the question of whether this entitlement also applies to Cox’s Internet group), kind of like these people:

mic-coaltion-8-15 radio

Don’t forget “An entity operating under one of the statutory licenses described in section 112, 114 [webcasting and simulcasting], or 115 [mechanical licenses].”  Note–not that the statutory license applies to the particular song or sound recording in the way it is used that is the subject of the lawsuit, just that the entity is operating some part of its business under one of those licenses regardless of whether the service that is the subject of the lawsuit operates under one of these licenses or not.  (Pandora’s on-demand service compared to webcasting, for example, could be out of compliance with its sound recording licenses but claim the safe harbor because it is “operating under” one or more of the statutory webcasting license in the radio service or the statutory mechanical licenses for songs.)

It appears that would include these people:

mic-coaltion-DiMA Members

and don’t forget these people who are DiMA members and need the government’s protection from songwriters and artists:

Amazon logo

white apple logo

Microsoft Logo

Spotify_logo

And then I guess you could throw the Consumer Technology Association and CCIA in there, too.

So I think that’s everyone, right?

Last but not least there’s this group as “belt and suspenders”:

An entity performing publicly, reproducing, or distributing musical works or sound  recordings in good faith as demonstrated by evidence such as [i.e., but not limited to] a license agreement in good standing with a performing rights society or other entity authorized to license the use of musical works or sound recordings.

Note:  The license need not be for the musical works or sound recordings for which the “entity” is being sued, just any license for any musical works or sound recordings.

There are loopholes in the bill that you could drive a fleet of Street View cars through, so you have to assume that the loopholes will be hacked given who is involved.  Don’t let anyone tell you “oh that’s just legislative language, we can fix that.”  The whole thing has to be voted down.

Let’s call this bill what it is:  Crony capitalism, the triumph of the connected class.  The Domesday Book writ large.

It’s some of the biggest companies in the world deciding that they don’t want to hear from songwriters or artists anymore.

So shut up and sing.

[This post originally appeared on Music Tech Solutions]

 

 

Guest Post by @theblakemorgan: Music’s Mentors and Heroes Get the Day They Deserve

July 20, 2017 Comments off

IRM blake jerry

This is great day, and a huge victory for music makers. In a bipartisan move, Rep. Nadler (D-NY) and Rep. Issa (R-CA) have just introduced the “Classics Act,” H.R. 3301, which finally guarantees that music recorded before 1972 would receive payments from digital radio services. (Currently only sound recordings made after 1972 receive payments from digital radio services under some interpretations of federal law.)

This issue has been at the very center of the #IRespectMusic campaign, and I’m thrilled to see this bill come to fruition. It’s happened in great part, because of you. Each and every person connected to this campaign has had a hand in this victory, because the grass-roots pressure that continues to be put on our leaders is what wins the day, every time. So if you’ve signed the I Respect Music Petition, if you’ve taken a selfie with the hashtag, if you’ve written your representative, hosted an #IRespectMusic event in your town, shared posts, tweeted, any and all in between…you’ve helped win this great day.

This is such a powerful moment for two important reasons:

(1) All music makers should be paid for their work––but especially recorded music’s founding generation of music makers. These are our legacy artists of Jazz, Blues, R&B, and so many other genres. They’re our mentors, our heroes––artists who are now in their seventies or eighties––who’ve been incomprehensibly denied their right to be paid for their iconic contributions to our society. As many of you know, the great Lesley Gore was not only one of those iconic artists, she was my godmother, and it infuriated me to no end that she was denied payment for her priceless work. This crusade is not simply ideological or professional for me, it’s personal.

(2) This moment is also significant because for the first time, a major Congressional bill that benefits music makers is being endorsed by an entity from “the other side.” In this case, internet-radio giant Pandora. Many if not most of you know my own history with Pandora (if not, start here).

It would be hard to find anyone, anywhere, who’s been more consistently critical of them than I’ve been. However, by standing up for this bill and standing with music makers, Pandora is doing the right thing and, I congratulate them for that. As a smart person once said, “You don’t make peace with your friends, you make peace with your enemies.” So, if this is a sign that Pandora has seen the light and will move forward in partnership with the people who make their only product––music––then I’m grateful, and I welcome them to a new future. A future where each of us understands that music isn’t created in a vacuum. It’s created by music makers. And each of us music makers has the right to expect from our profession what others expect from their professions. That through hard work and determination, perspiration and inspiration, we’ll have the same fair shot to realize our dreams, answer our callings, support our families.

Ours is a profession built on commitment. And respect.

Our music mentors and heroes have known that for a long time. They’ve deserved this day for a long time.

I’m going to honor them by fighting for this bill with everything I have.

I respect my mentors. I respect my heroes.

I respect music.

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