Who can believe it's almost summer again in Washington, DC? The "budding"
music-tech activism and "full-flower" of legislative comment
requests are so prevalent right now they are giving the cherry blossoms
a run for their money. Actually, we wouldn't know about the status of
the cherry blossoms;
we've been watching the changing season through the dusty windows of our
laptops. Hey, it may not be as breathtaking as a dogwood tree in full
bloom but changes like the ones we've been watching are always beautiful.
Check out the newest success stories.
House Judiciary Committee invites comments from FMC
On April 8, the FMC submitted a letter to the members of the House Judiciary
Committee on the critical issues at the intersection of music and technology.
The letter covered five main points:
1. The Challenges of Consolidation
The FMC expressed its concern about the impact of radio consolidation
on musicians and the public, as well as the effect of vertical integration
on musicians and the problems with the market dominance of major labels.
2. Support for the Public Performance Royalty
The United States now is the only developed country that does not compensate
recording artists and record labels for the broadcast of their performances.
Not only does this practice penalize American recording artists by not
paying them for their work here in our country, but every other country
whose laws pay these royalties refuse to pay US artists the royalties
that they earn abroad. The FMC encouraged the Committee to support the
establishment of a public performance royalty.
3. Defining the Digital Future
The FMC encouraged the Committee to include a diversity of stakeholders
in any upcoming policy deliberations. In addition, we focused on a call
for fair licensing of digital content, and the protection of non-commercial
space on the web.
4. Direct Payment of the Digital Royalty
We reminded the Committee that one clear success story last year was
the SoundExchange agreement that the 45 percent share of the non-interactive
digital royalty collected under the terms of the statutory license will
be paid directly to the featured artist without flowing through the
artist’s record label first. We support any efforts by Congress
to formalize this technical clarification by writing the direct payment
of the artist’s share into law.
5. Reversion Rights
Finally, we urged the Committee to consider the impact of major label
decisions to let back catalog items go out of print. We reiterated our
suggestion for the creation of a new statutory license for sound recording
copyright that would allow artists to automatically license their out
of
print catalog from record labels at a fair and publicly-negotiated rate.
The Future of Music Coalition is taking baby steps towards figuring
out ways to help more musicians get better health care for less money.
Two weeks ago we launched the first component, a musicians' health insurance
survey.
Our first goal is to quantify the musician/insurance landscape. As members
of the music community we know the lack of health insurance is a big
problem, but before we start talking to insurance companies and legislators
we need some hard numbers to make our case. Luckily we've had an immediate
response from the music community with over 1500 surveys already completed.
If you are a musician, stand and be counted. Please take five minutes,
click on the link and answer the survey questions. Whether you're a
musician or not, we're hoping you can help us spread the word about
the survey's existence to your network of musicians, songwriters,
and artists. Feel free to post this link on appropriate newsgroups,
newsletters or websites.
A PDF postcard you can attach
to an email, or for printing to make copies
When the survey is complete, the FMC will analyze the data and report
the findings publicly. We hope that this survey can be a catalyst to
create a broader and more results-oriented discussion about workable
health insurance solutions for the music community.
FMC submits comments to the US Copyright Office
On February 7, 2002, the U.S. Copyright Office issued a notice of a
proposed rulemaking on the requirements for giving sound recording copyright
owners reasonable notice of the use of their works in connection with
the section 114 statutory license for certain digital transmissions
of public performances of sound recordings, and on the requirements
for how records of such use will be kept and reported to copyright owners.
On April 5, the FMC filed a 2-page comment with the Copyright Office
regarding this rulemaking that touched on three basic points:
1. We congratulated the Copyright Arbitration Royalty Panel on establishing
the statutory webcasting royalty at a rate that clearly recognizes the
value of music as artistic labor. We also indicated our hope that the
Copyright Office and participants in the CARP will work productively
to address specific issues related to non-commercial and hobbyist licenses.
2. We suggested that reporting requirements solely for hobbyist webcasters,
community broadcasters and noncommercial college radio should be modeled
on those currently enforced by ASCAP, BMI and SESAC for terrestrial
radio. We further emphasized the importance for smaller webcasters to
submit "playlists" so that lesser known recording artists
and small independent record labels can collect their share of digital
performance royalties.
3. Finally, we addressed the deep level of confusion and general lack
of understanding about both the CARP findings and this NPRM. It was
our suggestion that the Copyright Office develop strategies to more
proactively engage the constituencies who are impacted by these decisions
– especially in light of the prohibitive investment of time and
money that is necessary to fully engage in these proceedings.
FMC believes that the federal government should make protecting and
expanding noncommercial webcasting a priority as it provides necessary
and beneficial exposure for artists who are blocked out of major promotional
channels.
Browse through the other 34 comments filed on the FCC's website here.
Radio Consolidation Study
The radio consolidation study marches on! This week we are implementing
stages two and three of the study, which include a thorough examination
of radio charts, and a nationwide public opinion telephone survey to
gauge citizens' satisfaction with radio. More news as it develops.
If anyone is interested in doing some volunteer work for this project,
please email kristin@futureomfusic.org.
Spring Speaking Tour/Events
On April 3, Jenny Toomey spoke at Wayne State University in Detroit,
MI, while Kristin Thomson visited with artists and musicians in Salisbury,
MD last week. We've also had a lot of interest from various universities
for fall speaking tour events, though it's too early to report any details.
If you'd like more info about our speaking events, go here.
Jenny Toomey, Walter McDonough and Brian Zisk will all be speakers at
a fabulous all-day affair in New Orleans at the end of the month. If
you're planning to head down for Jazz Fest, think about heading over
to this event!
The Louisiana Music Commission presents:
The
Future of New Orleans Music
A symposium to address critical issues facing the New Orleans music
community
April 30, 2002 • 9 a.m. to 6 p.m.
Loyola University New Orleans
Nunemaker Auditorium, 3rd floor, Monroe Science Complex
Admission is free. Seating is limited.
Also on the calendar:
Jenny Toomey speaking at NXNE - Toronta, June 6-8, 2002
FMC in the News
Victory Eludes Legal Fight Over File Swapping By Brian Garrity
Billboard Magazine, April 13, 2002
Bang to Hype At SXSW, it's all about the buzz, not the Buzz Band
BY Robert Wilonsky Dallas
Observer, March 21, 2002
Record Companies: Save Us From Ourselves!
With payola up but profits down, labels are wondering if paying $100
million to middlemen "fixers" is still a swell business idea
B y Eric Boehlert Salon.com,
March 13, 2002
Artists Strike a Chord by Johnny Temple The
Nation, March 4, 2002
The FMC Policy Summit generated many, many news pieces. Please see the
list of articles here.
Or download a PDF of press clips here.
Other Issues in the News
Washington Tunes In Critics accuse Clear Channel of shady radio deals and nasty concert
business. Now the government is starting to pay attention.
By Eric Boehlert Salon.com,
March 27, 2002
Clear Channel Drawing Static
Radio: No. 1 broadcaster disputes critics who say it conceals stations
to
evade FCC ownership caps.
By Jeff Leeds LA
Times, March 12, 2002
Radio Exec's Claims of Payola Draw Fire
Music: Critics say the pay-for-play allegations ignore a new spin on
the
industry practice by the official's own company.
By Chuck Philips LA
Times, March 7, 2002
House Rep's Rap: Unshackle the CD "Music CDs equipped with copy protection will, if Rick Boucher
gets his wish, soon be as obsolete as eight-track cassettes. The feisty
Democratic congressman from Virginia says he plans to introduce legislation
banning, or at least regulating, compact discs outfitted with anti-copying
technology."
By Declan McCullagh Wired,
March 7, 2002
News from our friends/supporters
Just Plain Folks Annual Survey
Our friends at the music organization Just Plain Folks are gearing up
for their annual Member Demographics Survey which takes the pulse of
the Grassroots Music Community with an extremely comprehensive on line
survey covering everything from your favorite guitar manufacturer to
the best local venue in your town to your insurance and retirement benefit
needs. If you haven't checked out this organization yet, it is free
and has over 17,000 members worldwide. If you sign up this week, you
can also have your voice heard by the industry via their survey when
it is launched next week. Visit their website at www.jpfolks.com
to sign up and learn more about their friendly and supportive network.
First Annual TAPE OP conference
May 31 - June 2, 2002
Crest Theater, Sacramento, CA
http://www.tapeop.com
A get-together aimed at engineers, producers, studio owners, musicians
and home recordists - and any combination thereof. In the spirit of
the magazine, there will be a lot of interaction - one will experience
active panels and Q and A sessions instead of passive entertainment.
Panelists such cool recording folks as Steve Albini, J. Robbins, Bob
Weston, Larry Crane, Rob Christiansen, J. Mascis, Jack Endino and Don
Zientara. Sounds great to us!
What We Are Doing
Jenny Toomey
Jenny Toomey returned from Tucson and has spent the past few weeks
writing comments for the Judiciary Committee and the Copyright Office.
Previous to that she spoke on two panels at the South By Southwest
Festival in Austin, TX; one slightly dull panel focused on the digital
future of music and technology and one very spirited panel focused
on musicians and health care. She also performed twice at SXSW with
Franklin Bruno, Jean Cook and Lester Chambers, and sat in with the
Pine Valley Cosmonauts to sing the Cole Porter cover she did for their
recently released anti-death penalty record "The Executioner's
Last Songs."
Upon returning from Texas she has been working with Kristin to publicize
the FMC health insurance survey within the musician community. She
has also been submitting foundation grants in order to obtain the
funding necessary to take the FMC health initiative to the next phase.
Last week she took time out of her writing schedule to perform in
Philly at the Balcony with Kristin's band Ken and to take the FMC
speaking tour to Wayne State Law School at the request of Jessica
Litman.
Michael Bracy
There's no rest for the wicked in DC, as Michael had to put his "ban
the RPI" crusade on hold despite the shocking refusal of the
NCAA tournament selection committee to tender an invitation to his
beloved Georgetown Hoyas. Instead, March saw Michael enjoying a spectacular
week in Austin at the South by Southwest conference. Back in DC, Michael
worked on comments that
were submitted to the Copyright Office regarding webcasting issues
and a letter to leaders of the House Judiciary Committee that outlines
FMC's legislative priorities for 2002. Michael is also working hard
on the issue of non-commercial webcasting and moving forward on a
public awareness campaign focused on new Low Power Radio stations.
Walter McDonough
Walter McDonough is continuing to fight for performance royalties
for American songwriters and recording artists. The FMC recently filed
comments with the United States House of Representatives requesting
that our country follow the policy in place in the rest of the world,
namely, that recording artists should receive compensation for the
use of their recordings on
broadcast radio. On other fronts, the FMC is also requesting that
the Congress pass, and the President sign, a bill that will give recording
artists a compulsory license for their unreleased recordings. Hopefully,
when this legislation is enacted, the thousands of recordings that
have
either been unreleased by record labels or have been taken out or
print will be released to the public thereby increasing the nation's
music legacy. Walter was also recently quoted in a front-page Billboard
article, "Victory Eludes Legal Fight Over File Swapping".
Kristin Thomson
Kristin has been juggling many balls at once, including managing the
health insurance survey, forging ahead on the radio consolidation
study, working on the filings with the US Copyright Office and the
letter to the House Judiciary Committee, and keeping the website moderately
current. When she's not pushing her Titanium Powerbook to extreme
limits, she's been serving on the band and fundraising committees
for Ladyfest Philadelphia, which is slated for March 2003 in the city
of "brotherly love", and getting ready for a few more shows
with her band Ken before heading into the recording studio in July.
Peter DiCola
Peter DiCola is getting ready for a month of finals exams in law and
economics and frankly, we don't hear too much from him. He's looking
forward to working on the FMC's study of radio consolidation once
the summer begins.
Brian Zisk
Brian married Shoshana Samole, who's running Business Affairs for
funk superstar George Clinton! He's actively working with webcasters
and the press to clarify how the proposed reporting requirements will
affect the future of this new media. In addition to writing 10 pages
of comments to submit to the Copyright Office (which unfortunately
were never submitted due
to political considerations), Brian's been talking with the RIAA (both
in public, and private) in an attempt to clarify whether they are
actually attempting to put all webcasters whom they don't approve
of out of business, or if they just don't comprehend what they are
pushing the Copyright Office to adopt. Brian is currently writing
up his views on some of the more onerous proposed reporting requirements,
which include the tracking of the listening habits of unique listeners,
the ephemeral copy reporting requirements, and the necessity for all
webcasters to each enter the same redundant public information which
the RIAA already has, but which it insists is proprietary. It is believed
that this will be published in a well-known news outlet shortly.
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.
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.
July 8, 2008 Press release | Event Page
FMC Files Brief to Protect Creative Expression
FMC and the Center for Creative Voices in Media filed a brief at the Second Circuit Court of Appeals, arguing that the FCC's indecency policy has a chilling effect on creativity and expression and deprives the public of access to protected speech.
July 2, 2008 Press release | Indecency amicus brief (PDF)
Wilco, Bright Eyes, Aimee Mann & more "Rock the Net" on Compilation CD
Thirsty Ear Recordings to release album on July 29 to benefit FMC's "Rock the Net" campaign for net neutrality.
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 FMC's HINT program
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
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
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"
A Benefit Concert on May 27 at New Orleans' Tipitina's for Sweet Home New Orleans featuring: Indigo Girls, Damian Kulash of OK Go, Jim James of My Morning Jacket, Matt Nathanson, Pamela Z...and special guests
May 23, 2007 Press Release | Details
Congressman Mike Doyle to address conference on music, law and technology
May 2 event will bring together leading experts from worlds of music, law, technology and policy. April 25, 2007
A2IM Endorses Rock the Net Campaign
American Association of Independent Music urges its label members to join the campaign for network neutrality. April 17, 2007
Music Mashes with Policy at upcoming Technology and IP Policy Day
May 2 event will bring together leading experts from worlds of music, law, technology and policy. April 16, 2007
FMC Applauds FCC's Payola Settlement
Payola agreement by FCC and big broadcast chains represents a major - but tentative - step toward once again opening the nation's airwaves to local music and voices. April 13, 2007
Rep. Edward Markey, Ted Leo kick off "Rock the Net"
Nearly 150 artists and labels have already signed onto campaign for net neutrality
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 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
FMC Organizes Musicians Bringing Musicians Home Benefit concert at New Orleans' Tipitina's on November 6th featuring Steve Earle, Mike Mills, Allison Moorer, Tom Morello, Boots Riley, Corin Tucker and special guests.
October 23, 2006 Read press release Read press coverage
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 Proceeds From Washington, DC Appearance to be Donated to FMC Artist Research
Council 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 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
Top Names in Music, Law, Technology and Policy Return to Debate Critical
Issues at Fifth Annual Future of Music Policy Summit
September 6, 2005 Media Advisory | Policy
Summit home page
FMC Announces Health Insurance Navigation Tool
August 9, 2005 HINT Home Page
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
