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Future of Music Newsletter #3 (October 10, 2000)

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10.10.2000

Hello:

What an exciting time it is to be alive. The members of the board of the Future of Music Coalition have spent the past month waking every morning to the alarm of possibility and drifting off into the pleasant buzz of inevitable change. If you've been alive in the music/technology space for the past month you know for yourself how much is happening. So let's just get right into it...

  1. Policy Conference for The Future of Music

    Come to the Future! Future of Music Policy Conference January 10-11, 2001 Georgetown University, Washington, DC. Sign up on the web - now!

    The Future of Music Policy Conference is really happening! Every day we confirm more panelists, sign up more expo participants and add another tier and layer of icing to the most delicious and nutritious music/technology conference cake out there.

    We're already holding places for 150 of you without having sent out a list of panelists and naming even one star speaker, which makes us think there are great numbers of us out here who are desperate to see these questions reframed with a clear-eyed focus on the effect of music/technology on musicians.

    Don't be left behind! Make sure you're there in the balcony to witness the fireworks when Music and Technology come together here in the presence of this community to commit to honor, love and cherish The Artist (formerly known as the devalued laborer). Visit the link above to learn more about the event, view a list of confirmed panelists, and register.

    For sponsorship opportunities contact Jenny Toomey @ Jenny@futureofmusic.org

    Further incentives ... as if you needed any...

    a) 1.9.2001 Pho Event and Pho Dinner:
    Make sure you get to DC the day before the Policy Conference so you can warm up with a discussion that will be organized by The Pho Debates (info@phodebates.org). After that heated discussion prepare to cool off with a Vietnamese iced coffee or keep the evening spicy with an extra handful of chilis in the soup at a local Pho restaurant and watering hole.

    If you plan arrive early for this, we suggest you register to stay at the Key Bridge Marriott which is within walking distance of the Pho restaurant and a 1O-minute free shuttlebus to the Georgetown University campus. Your Pho-me away from home. To get the lowest hotel rate 1) click on the event link above 2) click on the hotel link of your choice 3) click "Reservations, Rates, Availability" 4) enter FMCFMCA in the "group code" box near the bottom of the screen.

    b) Concerts Both Nights:
    It wasn't enough to drench the debates with DJs and live performance...no, we had to make sure there would be performances every night. Details forthcoming.

    c) First Meetings of Legal and Technology Councils:
    Talking about change is the first step but we understand we will need new tools to enact change. We can't think of two better tools than the focused knowledge of lawyers and programmers working together to guard the value of artistic labor in a dynamic pro-technology environment.


  2. Exchanging SoundExchange for Something that Really Fits

    It has come to our attention that the Recording Industry Association of America (RIAA), is forming a pool under the title SoundExchange to collect royalties from webcasters who stream music. The Coalition for the Future of Music has grave concerns about the RIAA's capacity to act impartially considering the fact that the organization does not speak for the entire music industry and is largely funded by (and solely represents) the interests of the five major record labels. Considering these clear conflicts of interest and the money at stake we are prepared to contest their position on the formal launch of SoundExchange.

    In the meantime we are beginning to gather names of artists who would prefer to have their digital royalties collected and distributed through an independent impartial organization. Take a second to register a vote of non-confidence for SoundExchange and post this link where musicians who are looking for a better system congregate. The FMC will believe the RIAA has the best interest of musicians at heart when they fork over the money they made from the MP3.com settlement to the artists whose work they argued was devalued by mymp3.com.


  3. Traveling, Publishing and Evangelizing: What we're up to lately

    Jenny Toomey, Executive Director
    When Jenny hasn't been traveling to Portland, New York, and LA to work on Future of Music issues and spread the good word, she has been eating, sleeping, and drinking the Future of Music Policy Conference (not necessarily in that order).

    Jenny recently argued for the artist's voice in the music/technology debate at the DC Bar Association and on the Diane Rehm Show on NPR-affiliate WAMU where she had to face not only a lot of lawyers in general, but one in specific, David Kendall who represented President Clinton in that little domestic thingy. Curious how she did? It's archived in the News section of the FMC site.

    Michael Bracy, Director of Government Relations
    As the Congressional session winds down and the election approaches, Michael has continued to keep a close eye on legislation and regulations that could impact the music space. While not directly related to technology, the National Association of Broadcasters (NAB) and National Public Radio (NPR) are putting on the proverbial full-court press to get the FCC's Low Power FM Radio initiative overturned or gutted in the Appropriations process.

    This strategy has far-reaching implications for the ability of corporate interests to overturn the results of a lengthy public process held by an expert independent agency -- without even the benefit of floor debate or public hearings in the Senate.

    We are also watching the AOL/Time Warner merger review and legislative developments like the MP3.com bill introduced by Rep. Boucher. This all sets the stage both for our January policy conference and a flurry of activity with the new administration and congress. Finally, we are in the last stages of submitting our paperwork to the IRS which will clarify our 501c-3 status.

    Brian Zisk, Technology Director
    Brian has been promoting the Future of Music Coalition both online and off. His recent participation as moderator on the "What's Left of The Dial?: The State of Internet Radio" panel at the NXNW conference led to a very interesting exchange with Chris Douridas of Spinner in which Chris explained that AOL had not signed the Statutory Webcast Licensing Agreement. If this is true, it has broad implications as to how large corporations can leverage their assets to attempt to exempt themselves from the democratically established process in order to cut sweeter deals.

    Brian has also been working to visualize new business models, and has been following the "Hack SDMI" effort as well as the splitting between commercial entities and technologies, as exemplified by the RIAA making an issue of whether it's relevant that a substantial non-infringing use for a technology be commercially viable. He is pulling together a technical board of directors, and has contributed to the direction which the panels will be taking in January.

    Walter McDonough, Legal Director
    Walter has continued his research into the history of United States and European Economic Community (EEC) copyright law as it relates to digital music distribution. In addition to filing remarks on the Digital Millennium Copyright Act (DMCA), the FMC will be involved in all legal proceedings involving these issues. All attorneys, law students and members of the music and technology communities are invited to volunteer or offer their ideas as to the FMC policy initiatives in these areas.

    Kristin Thomson
    In the past month, Kristin Thomson has been editing and drafting articles for the Machine, as well as doing research about current and upcoming legislation that will impact the independent music community. In the next few months, Kristin will be assisting the Coalition with planning and logistics for the Policy Conference.

    Peter DiCola
    Peter has finished his economic analysis of online tip jars. It will be posted ASAP on the Machine, along with an interview with Matt Goyer of Fairtunes.com. Next up on his research agenda is an article about media merger mania and the effects of having a few large corporations control most of the nation's and world's media, with an eye towards evaluating this trend's effect on artists and the music industry.


  4. New Imperatives to Document our Numbers

    If you haven't read and signed the manifesto please do so. It is imperative that we document the large number of musicians, programmers and music fans whose pro-technology/pro-compensation perspective is not being represented. Tell your friends, link us to your sites, and spread the good word!

  5. Press

    We've had a lot of Ink and Bytes in the last month including quotes in CNet and CMJ and Jenny's interview on NPR's Diane Rehm show. If you've got an hour or so, watch the excellent Berkman Center debate between Motion Picture Association of America head Jack Valenti and renowned cyberlaw expert Lawrence Lessig. At the end of the discussion, our very own Walter McDonough asks one of the most important questions of the evening only to be side-stepped by Jumpin' Jack.

  6. Original Research & Articles

    "Voluntary Contributions, Auto-magically: An interview with Matt Goyer of Fairtunes.com" by Peter DiCola
    http://www.insound.com/machine/essay.cfm?id=49
    Hey, can you spare a dollar? What if I told you it was for Bono? Shellac? No? Well, what if you'd been downloading MP3s over your phone line for the last 17 hours? What if I told you that you could use your credit card online to transmit that dollar? And what if I really laid down the guilt trip, and said that these musicians couldn't continue to create without your voluntary contribution? Then it might start to make sense. Fairtunes is a new company dedicated to facilitating such contributions from fans to artists. Their goal is to make it really easy to compensate artists for their work. It's an idealistic solution to a difficult economic problem. Before you say "that'd never work," see what Fairtunes founder Matt Goyer had to say.

    "Orange Alley and BootLegal: Are they making it legal to bootleg?" by Jenny Toomey
    http://www.insound.com/machine/essay.cfm?id=48
    Jenny Toomey interviews Orange Alley's CEO, Mark Erickson, about "solving" the Napster problem and the benefits of their new Bootleg program which facilitates file sharing and has a built-in structure of incentives.

    "Napster Doubled my Traffic: an Interview with Scott Ross from Moonshine Music" by Andrew Webster
    http://www.insound.com/machine/essay.cfm?id=47
    "We're trying to treat the tech sector as friends also. I'm very supportive of them. And that's part of why our RIAA statement is up there. I've got very different interests in this than them major labels do. It's great for me. Like I said, I've got more to gain, and less to lose."- Scott Ross, Moonshine music.

    "People Used to Pay For This Stuff? Teenagers Talk About Music, the Internet, and their Beloved Napster" by Peter DiCola
    http://www.insound.com/machine/essay.cfm?id=46
    Teenagers' perspectives on what music they like, how they want to acquire music, and what they think about Napster, has been the subject of a little bit of research and a lot more speculation.


  7. How are we doing?

    If you have any feedback, questions, or suggestions please send an email to suggestions@futureofmusic.org, and let us know how we're doing.

Thanks for your support and see you next time.

xo Jenny Toomey
Executive Director, Future of Music Coalition
Jenny@futureofmusic.org


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