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Future of Music newsletter #11 (December 3, 2001)

To subscribe, please send an email with the title subscribe to subscribe@futureofmusic.org

12.03.2001

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  1. The Countdown to FMC Policy Summit 2002 Begins!

    The Future of Music Coalition and Washington Area Lawyers for the Arts (WALA) are pleased to present the Future of Music Policy Summit, January 7-8, 2002 at to Georgetown University's Gaston Hall. Go here for all the details.

    NEWLY CONFIRMED PARTICIPANTS INCLUDE: Krist Novoselic of Nirvana and Jampac, Amy Ray of The Indigo Girls and Daemon Records, CA State Senator Kevin Murray, Hilary Rosen of the RIAA, with more confirming every day.

    As ever it is our goal to bring many of the best and the brightest people working in music and technology to Washington, DC to discuss the most critical music/tech issues impacting our community. Both days' events will frame the discussion with a clear-eyed focus on the guarding the value of music for musicians, and guarding access to music for citizens.
    Register online at http://www.futureofmusic.org/regme.cfm

    ATTENTION LAWYERS • EVENT IS NOW CLE ACCREDITED FOR SEVEN CREDITS

    This program has been approved by the Pennsylvania and Virginia CLE Boards for 7 hours of substantive law, practice, and procedure CLE credit, with reciprocity for credits granted by many other state bars, including California. Lawyers who are interested in reciprocity should contact their state bars to confirm the applicability.

    Keynote Speakers
    Over the course of the two days we will open the floor to a handful of the most influential policy makers in the music / technology community. We are pleased to announce this year's keynote speakers:

    Representative Rick Boucher
    Co-Chair, Congressional Internet Caucus

    Representative John Conyers, Jr.
    Ranking Minority Member, House Judiciary Committee

    CA State Senator Kevin Murray
    Chair, Select Committee on the Entertainment Industry

    Konrad Hilbers
    CEO, Napster

    The Panels
    One of the best features of last year's conference was its ability to anticipate emerging trends and to build panels that brought forward debates that would soon move from the margins to the center of discussion. Eleven panels will focus on the latest developments in copyright law, the digital royalty collection controversy, international issues, antitrust developments, emerging business models, and artist organizations.

    PARTICIPANTS INCLUDE: Hilary Rosen (RIAA), Krist Novoselic (Nirvana/JamPAC), Yochai Benkler (NYU Law School), Marybeth Peters (US Copyright Office), Amy Ray (Indigo Girls), Al Franken (Actor), Bruce Lehman (International Intellectual Property Institute), Pamela Samuelson (UC Berkeley) ...and over 50 others. Go here to see the schedule of panels:
    MONDAY: http://www.futureofmusic.org/events/summit0102/schedule.cfm
    TUESDAY: http://www.futureofmusic.org/events/summit0102/schedule2.cfm

    The Musicians
    As with last year, we have invited a number of musicians to join us at the event, as performers during the conference AND as participants in the debate. Because of some generous contributions from our sponsors, 100 musicians are able to attend the event on a scholarship status. We would encourage any working musicians who want to engage in the music/tech debate and better understand the issues affecting their livelihood to fill out a scholarship application online here.

    Admission to Conference
    Registration fee includes access to all panels, breakfast and lunch, and CLE materials for practicing lawyers:
    $750 for a two-day pass
    -OR-
    choose a one-day pass:
    $400 for Monday only -or- $400 for Tuesday only

    It's easy! Register online at http://www.futureofmusic.org/regme.cfm

    Pho-Fun!
    Don't Pho-get! There will be a special pre-Conference Pho Dinner on Sunday, January 6 at Nam Viet in Arlington, VA. All the info about the dinner and how to RSVP here

    Press Credentialing
    If you are a member of the media and are interested in press credentials, go here to fill out a form that will go to our media contact, Sonya Kolowrat.

    Questions? Ideas?
    Check out the FMC website for more information about the conference, or to read about last year's event. If you have other questions, please email us at conference@futureofmusic.org.

    Thanks, and we look forward to seeing you in January.


  2. Wrap Up from the Fall Speaking Tour

    Well it's over as quickly as it began. How 5 weeks of talking and rocking could pass so speedily, we'll never know! After ten speaking events, thirty rock shows, 10,000 miles, three pumpkins, six halloween costumes, and two speeding tickets it's done.

    To listen to the speech as Jenny gave it at UC Berkeley go here.
    To read comments from some of the professors who hosted the tour go here.

    The tour was such a success we will tentatively be taking an updated version of the speech out in March 2002 to several other universities. If you know an organization or university that would like to host the speaking tour in its second run send an email to Kristin at kristin@futureofmusic.org.


  3. SoundExchange Agreement

    In November, an agreement was struck between SoundExchange, the major labels, the RIAA, AFTRA, AFM, RAC, MMF and NARAS to pay artist performance royalties directly to recording artists and to reform the SoundExchange Board. While the FMC supports the core points of the agreement, there are a number of other issues in the agreement which raise red flags and will need further exploration before we can fully endorse this document without reservation.

    Read our comments and critique of the SoundExchange agreement here.


  4. FMC in the News

    Industry Notables To Debate At D.C. Summit
    by Jonathan Cohen
    Billboard, November 15, 2001

    Conference on the Public Domain
    From November 9-11, 2001, Duke University and the Center for the Public Domain hosted an amazing conference on the Public Domain. Some of the most fascinating minds met to discuss the future and the value of creation and expression in an increasingly copyrighted and patented world. You can see archived webcasts of the panels here.

    RIAA's SoundExchange Agrees to Pay Artists Directly
    by Jay Breitling
    Webnoize, November 8, 2001 [subscription required]



  5. Read Up! Some Great Articles

    Death Valley
    The effects of Valley Distribution bankruptcy on independent labels
    by Nancy Einhart
    San Francisco Bay Guardian

    The White Stripes Take a Unique Major-Label Road
    By Steve Hochman
    LA Times, November 18, 2001

    The Seven Year Statute: The Label's Side with Miles Copeland, CEO of ARK 21 Records
    An open letter from Miles Copeland regarding the music industry's resistance to the removal of California's seven year statute
    Musicdish, November 8, 2001

    And Now: Assault on Music Labels
    By Brad King
    Wired, October 19, 2001

    RIAA Wants to Hack Your PC
    Recording industry lobbyists had quietly tried to insert an amendment into an anti-terrorism bill to let copyright holders break into your PC and delete pirated files.
    by Declan McCullagh
    Wired, October 15, 2001

    RIAA's Response to Billboard Magazine's article regarding the anti-terrorism bill

    RIAA Website, October 25, 2001

    Music Labels Not Yet in Tune
    by Brad King
    Wired, October 8, 2001



  6. What We Are Doing

    Jenny Toomey

    Between October 9 and November 17, Jenny toured the US with her new band and spoke for FMC about music and technology issues at nine universities and one rock club. When she wasn't talking or rocking, Jenny was putting the finishing touches on the panels and keynotes for this year's phenomenal policy conference.

    Finally, after a year of getting teased for singing the praises of the web without even having a website, Jenny now has one. Once the conference is over we suspect 2002 will be the year of testing the limits of this nebulous process called disintermediation. Meanwhile, if you are curious for details on the rock and speaking tour you can visit jennytoomey.com for the tour diary. Highlights include: professor David Post at Temple University singing Woody Guthrie songs; a mind blowing panel at Stanford with Larry Lessig and John Perry Barlow; a two day hiatus in NC at Jamie Boyle's incredible Conference on the Public Domain; and Lester Chambers' soul stirring performance at the Knitting Factory.

    Michael Bracy
    With the policy community taking a big post September 11 breath, the big music-tech related news of the month is the RIAA's agreement to directly pay artists their 45% share of the digital royalty. We know first hand that many hoped to make these funds recoupable, and this represents a major victory for the artistic community. Considering the old rules regarding devils and details, however, we will continue to keep a close eye on the implementation of this agreement...but for the interim kudos to Ann Chenovitz, John Simson and everyone else involved in putting this deal together.

    My other primary focus here in DC has been finalizing speakers for the FMC policy summit. With many congressional office buildings closed due to anthrax threats the most basic of communication has been a challenge, and our hats go off to the dedicated congressional staffers who are working through an incredibly difficult time. We are looking forward to keynote addresses from Congressmen Rick Boucher (co-founder of the Congressional Internet Caucus and author of the Music Online Competition Act) and John Conyers (ranking Democrat of the House Judiciary Committee) plus panelist Debra Rose, counsel to the House Subcommittee on Intellectual Property. Plus, who knows - there may be a surprise or two along the way!

    Finally, I was thrilled to join up with the beginning and end of the speaking tour, appearing on panels at American University and Temple then catching up for the finale at the Knitting Factory. It was wonderful to take the show on the road and meet face to face with so many folks who support what we are trying to do...and in some cases even better to talk with folks who are so committed to making a difference for artists that they were eager to engage us by challenging some of our assumptions and positions. Only through constructive dialogue can everyone's thinking improve, and we appreciate the initiative and creative ideas expressed by so many of you across the country.

    Look forward to seeing everyone in January and Happy Holidays!

    Brian Zisk
    Besides attending and participating on the West Coast leg of the Future of Music College tour (listen to him moderate a panel with Jenny, Ted Cohen of EMI, and Fred Von Lohman of the EFF at http://radio.eff.org/radio_shows/future1.mp3). Brian has been actively promoting the Future of Music Policy Summit. Hands glued to his keyboards, and phone glued to his ear, Brian is emailing many of the press folks he thinks would love to cover the news which will happen and the folks who will be participating at the Summit, and is in the middle of calling over 100 folks whom he thinks would love to hear from him. Don't be surprised if your phone rings while reading this. Brian's been digging down into the guts of the SoundExchange agreement, and sharing his critique. He's looking forward to seeing everyone who'll be at the Summit in January, unless you're down in L.A. the weekend of December 16th where he's hoping to get together with you over Pho.

    Walter McDonough
    Walter has been very involved in the SoundExchange agreement, outreach for the conference, other legal issues, as well as jury duty. He looks forward to seeing his colleagues at the conference in January.

    Kristin Thomson
    For most of October, Kristin was on the fall speaking tour with Jenny Toomey, handling the tour logistics, and typing madly on her laptop when not in the driver's seat. Since then she's been working feverishly on details for the FMC policy summit, keeping the website and printed pieces current, organizing volunteers, and reaching out to panelists. Ice hockey season has also started, and despite the devastating loss of some of the team's best players, the Philadelphia Freeze is 1-1 so far.

    Peter DiCola
    Peter DiCola has just begun the legal portion of his graduate studies in law and economics. He is looking forward to lots of work at school, to finishing up his summer research project on compulsory licensing for sound recordings this month, and to choosing what his research will turn to next. (Suggestions and inquiries are welcome -- Peter has a list of 4 or 5 ideas he's been mulling over for a while, which he'd be happy to augment or discuss.) peter@futureofmusic.org.


  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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up front

Public Enemy Frontman, Production Team and Insiders Discuss Landmark Album
On July 17, FMC and Pitchfork Music Festival will host a free discussion about Public Enemy's It Takes a Nation of Millions to Hold Us Back at Chicago's Cultural Center, featuring Chuck D, members of PE's production team and music media experts.
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Press release | Event Page

FMC Files Brief to Protect Creative Expression
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July 2, 2008
Press release | Indecency amicus brief (PDF)

FMC Files Reply Comments in FCC Localism Proceeding
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PDF of Reply Comments | Press release

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June 2, 2008
Press release | Rock the Net

Musicians Get the Hint About Health Insurance
Two Raleigh concerts in memory of musician Drew Glackin; proceeds go to Glackin’s family and Future of Music Coalition’s Health Insurance Navigation Tool
April 10, 2008
Press release
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New York State Music Education Events Examine Crucial Issues Facing Artists
Forums in Rochester (April 28), Syracuse (April 29) and Albany (April 30) to focus on music, media, technology and policy issues for songwriters, composers and performers from all genres.
March 25, 2008
Event details | RSVP

Pop Rockers OK Go "Tour" Congress in Support of Net Neutrality
Damian Kulash and Andy Ross discuss the importance of open Internet structures to musicians; Kulash testifies before House Judiciary Committee.
March 13, 2008
Press release
Spoken testimony

Written testimony

Rock the Net

New York State Music Education Events Examine Crucial Issues Facing Artists
Kick-off forum in Buffalo on April 2 to focus on music, media, technology and policy issues for songwriters, composers and performers from all genres.
March 7, 2008 | Event details

Philly Bands Rocking for Net Neutrality
February 23 Sugar Town show at Tritone in Philadelphia will showcase lady rockers and DJs, as well as musicians' support for net neutrality.
February 15, 2008

OK Go and Bonerama Rocked DC for New Orleans Musicians
Bands also champion FMC's "Rock the Net" campaign for net neutrality
February 2 benefit show at DC's 9:30 Club raised over $8,000 for New Orleans musicians. Bands played cuts off their new benefit EP, You're Not Alone, available on iTunes on February 5.
February 4, 2008

Upcoming Washington, DC show and benefit EP from OK Go & Bonerama
On February 2, OK Go and Bonerama will play a benefit at D.C.'s 9:30 Club in support of You're Not Alone - an EP to support Sweet Home New Orleans and Al "Carnival Time" Johnson.
January 21, 2008

Successful New Orleans Concerts Aid Big Easy Musicians
Last week, two benefit concerts raised over $6,000 for Sweet Home New Orleans - a coalition of non-profit organizations that helps find affordable housing and provides rental assistance for the city's musicians - and Big Easy music legend Al "Carnival Time" Johnson.
January 15, 2008
Press release | Event details

FMC's Latest Fact Sheets
HD Radio
Low Power FM Radio
Public Performance Right for Sound Recordings
Orphan Works
Traveling with Instruments
Touring Internationally
SoundExchange
Net Neutrality
Full Power Non-Commerical Radio Licenses
Media Ownership

Ann Chaitovitz Appointed
FMC's New Executive Director
A proven leader in musician and public policy issues, Chaitovitz replaces founding Executive Director Jenny Toomey
January 3, 2008

Concerts for New Orleans Musicians Bring Artists Together
Two New Orleans shows and upcoming benefit CD from OK Go and Bonerama
January 2, 2008

FMC's Jenny Toomey Appointed Program Officer for Ford Foundation
Kristin Thomson to Serve as FMC’s Interim Executive Director Michael Bracy to Chair FMC Board of Directors
November 26, 2007

Seattle "Rocked the Net"
Rep. Jay Inslee advocated network neutrality;
joined by rocker Matt Nathanson, Reclaim the Media, FMC and local music business representatives
October 31, 2007

Rock the Net: Campaign for Net Neutrality Rocks Seattle
Teleconference with Rep Jay Inslee on Tuesday, Oct 30. Matt Nathanson performs at Seattle’s Crocodile Café on Tuesday, Oct. 30
October 26, 2007

Future of Music Policy Summit to Tackle Critical Issues at the Intersection of Music, Law, Technology and Policy
Sen. Byron Dorgan and Sen. Ron Wyden to Deliver Keynote Addresses
Mac McCaughan, Bob Mould, Marybeth Peters of the U.S. Copyright Office and More Than 90 Other Panelists Confirmed.
September 10, 2007
Summit home page
Press Credentialing

AT&T's muting of bands points toward a pattern of silencing political speech
Content monitor did not edit out 20 instances of curse words during Pearl Jam webcast, despite AT&T claim it hires monitors to block "excessive profanity".
August 13, 2007

Top musicians, lawyers, technologists confirmed for FMC's 7th annual Policy Summit
August 13, 2007
Press Release
Summit home page
Press Credentialing

FMC Statement on AT&T Silencing Pearl Jam's lyrics during Lollapalooza webcast

August 9, 2007

Registration Opens for FMC's Annual Policy Summit
July 24, 2007
Press Release
Summit home page
Press Credentialing

FMC Files Request for Declaratory Ruling regarding Clear Channel Actions at Federal Communications Commission
July 13, 2007
Filing | Press release

FMC Statement on Federal Trade Commission Report on Net Neutrality
June 29, 2007

FMC files testimony with House Small Business Committee on CRB Webcasting Rates
June 27, 2007
Press Release | Testimony

Clear Channel strips local, independent artists of digital performance royalties

FMC has discovered that Clear Channel's online application for local and independent artists to submit their music for airplay on each of its stations requires the artist to approve a licensing agreement that does away with their digital performance right.
June 22, 2007

Low Power Radio Gets New Push in Congress
Congress introduces bills to create hundreds of new low power FM radio stations to cities and suburbs across the country.
June 22, 2007

FMC Announces Dates for 7th annual Policy Summit
September 17-18, 2007
GWU Betts Theatre, Washington, DC
June 11, 2007

FMC Organizes "Musicians Bringing Musicians Home II"
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May 23, 2007
Press Release | Details

Congressman Mike Doyle to address conference on music, law and technology
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April 25, 2007

A2IM Endorses Rock the Net Campaign
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April 17, 2007

Music Mashes with Policy at upcoming Technology and IP Policy Day
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April 16, 2007

FMC Applauds FCC's Payola Settlement
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April 13, 2007

Rep. Edward Markey, Ted Leo kick off "Rock the Net"
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March 27, 2007
Press Release | Rock the Net

Major Artists To Join Launch of Rock the Net Campaign for Net Neutrality
March 23, 2007

FMC Statement on CRB Webcasting Rates
March 19, 2007

FMC Statement on FCC's "Rules of Engagement" On Payola
March 5, 2007

FMC Files Reply Comments in FCC Media Ownership Proceeding
January 16, 2007

FMC Statement on FCC Payola Settlement
FMC's statement on FCC's reported consent decree with the broadcast industry in regards to payola.
January 16, 2007

Radio Station Ownership Consolidation Shown to Harm Musicians and the Public
FMC study shows that the rapid consolidation of the commercial radio industry that followed the Telecommunications Act of 1996 has led to a loss of localism, less competition, fewer viewpoints and less diversity in radio programming in media markets across the country.
December 13, 2006
Press release
Report details

Jenny Toomey Testifies at FCC Media Ownership Hearing, Nashville, TN
December 11, 2006
Read FMC's testimony
Link to FCC webcast

FMC Organizes Musicians Bringing Musicians Home
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October 23, 2006
Read press release
Read press coverage

FMC and AFM File Joint Comments at FCC in 2006 Media Ownership Proceeding

October 23, 2006
Executive Summary
PDF of comments

Job Losses Associated with Radio Consolidation Undermine Localism and Diversity
FMC, Newspaper Guild and Consumers Union urge FCC to take employment effects of their policies into account during upcoming review of media ownership rules
August 9, 2006

FMC Releases Research on Employment and Wage Effects of Radio Consolidaton
August 9, 2006

FMC on Preserving the Dynamism of the Internet
Opinion Piece on ABC News
June 29, 2006

FMC Statement on Senate Commerce Committee Vote in Support of LPFM
June 28, 2006

FMC Statement on FCC Media Ownership Proceeding
June 21, 2006

Indie-rock revolution, fueled by net neutrality
Op-ed by FMC's Jenny Toomey and Michael Bracy
June 13, 2006

Pearl Jam Donation To Help Musicians Help Themselves
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May 25, 2006
Press Release

FMC signs on letter to preserve net neutrality
May 17, 2006

FMC Announces Dates for Sixth Annual Future of Music Policy Summit
October 5-7, 2006
Media Advisory May 15, 2006

FMC Urges FCC to Investigate Allegations of Radio Payola
February 15, 2006
Letter to FCC | Press Release

FMC Statement on Release of Feingold's Radio and Concert Disclosure and Competition Act of 2005
November 18, 2005

FMC Sends Letter to Senate Commerce Committee in Support of a Public Performance Right for Sound Recordings
October 19, 2005

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September 6, 2005
Media Advisory | Policy Summit home page

FMC Announces Health Insurance Navigation Tool
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HINT Home Page

5th Annual Future of Music Policy Summit Announced
July 26, 2005
Media Advisory | Policy Summit home page

FMC Statement on MGM v Grokster and Brand X
June 27, 2005
Statement | Links to other organizations' statements

FMC Press Release: Music Mashes with Policy at DC Policy Day
April 8, 2005

FMC's Michael Bracy Testifies in front of House Judiciary Committee on "Digital Music Interoperability"
April 6, 2005

FMC files comments at US Copyright Office on "Orphan Works"
Comments also ask Copyright Office to consider status of out-of-print recordings
March 25, 2005

FMC Sends Letter to Senate Stating Concerns about S 193, Broadcast Decency Enforcement Act
March 10, 2005

FMC and artist groups file joint reply comments at FCC on localism in broadcasting, MB Docket 04-233
January 3, 2005
PDF of document