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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

@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.

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

[Editor: Read The Music Modernization Act of 2017]

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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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