Hello again. It's hard to believe how much we've tackled
in the five weeks that have passed since the last newsletter; from participating
in the webcasting debate, to moving forward on our health insurance study,
to filing comments with the FCC. Chalk it up to persistence, concern,
and more hours of daylight. Now, shortly before this newsletter's release,
we get word from the US Copyright Office that the Librarian of Congress
has rejected the CARP proposals regarding webcasting rates and reporting
requirements. While the Office's announcement did not include any particular
reasons for the rejection, we assume that the collective effort made by
webcasters, artists, and citizen groups to include their voices in the
debate has had an effect on the process.
What's next? The Librarian has until June 20 to issue a final determination
setting the rates and terms for the licenses. There's more information
available on the Copyright Office's website here: http://www.loc.gov/copyright/carp/webcast_process.html
We are interested to see what transpires in the next thirty days, and
will continue to participate in the debate as much as we can. Now, onto
the news!
Dates Set for FMC Policy Summit 2003
Get out your Palm Pilots! Mark your calendars! We have reserved January
5, 6, and 7, 2003 for FMC's third annual Policy Summit, which will again
take place at Georgetown University in Washington, DC.
We're in the early planning stages now, but things will move quickly.
Look for early bird registration rates starting around September 1.
FMC Participates in Webcasting Debate
In February 2002, the US Copyright Office released its recommendations
on webcasting rates and reporting requirements. Following the release,
both webcasters and copyright holders (i.e. labels) mounted campaigns
to express their often opposing views on the recommendations, urging
their supporters to register their opinions with the Copyright Office
and their elected representatives.
Webcasters, copyright owners and artists are all concerned about the
outcome of these proceedings because of the potential long-term effects
on both musicians and internet webcasting. The FMC understands the concerns
that various parties hold on these emerging issues, and find many of
their arguments compelling. We support the growth of webcasting as a
viable and necessary alternative to commercial/terrestrial broadcasting,
however we also want musicians whose music is played on webcast stations
to be fairly compensated for their work.
Based on our interest in the outcome, the FMC participated in the webcasting
debate through various channels. On April 5 we filed initial comments
with the Copyright Office, which we reported on in last month's newsletter.
Over the past month the FMC has published four other documents:
A. CARP Fact Sheet
B. Reply Comments to the Copyright Office
C. Prepared Statement for the Roundtable
D. Senate Judiciary Testimony on Webcasting
A. CARP Fact Sheet
The FMC recognizes that the CARP proceedings and the history behind
this whole process are very confusing. In an effort to clarify some
of these complicated issues, we drafted a detailed fact sheet. We passed
our document by the US Copyright Office before posting it to make sure
the information was as accurate as possible.
The FMC encourages the webcasting and music community to use this fact
sheet as a resource to better understand these issues and to learn how
artists and citizens can participate in the decision-making process
affecting webcasting.
B. Reply Comments to the Copyright Office
After reading the initially filed comments, FMC submitted reply comments.
We found that many of the comments filed were articulate and reasoned,
but that many organizations could not recognize a middle ground on the
webcasting issue. In our reply we focused on two specific issues regarding
reporting requirements:
i) The FMC agreed with the statements made by many filers that the proposed
"Listener Log" presented many problems both in regards to
necessity in relation to compliance with Section 114 (d)(2), and in
relation to listeners' expectations about privacy
ii) The FMC also concurred with a number of filers regarding the undue
burden that the proposed recordkeeping requirements would place on smaller
webcasters.
In addition, the FMC suggested potential remedies to these problems,
some of which were different than those proposed by various filers in
the comments phase. The FMC believes that, although the proposed recordkeeping
requirements as they stand are onerous and burdensome, there are compelling
reasons for webcasters to maintain accurate records of what is being
played to ensure that musicians and artists will be fairly compensated.
C. Prepared Statement for the Copyright Office Roundtable
On May 10, the US Copyright Office hosted a Public Roundtable on webcasting
rates and reporting requirements. The all-day event, which included
representatives from the webcasters, record labels, unions, and citizen
advocates, was intended to give various stakeholders an opportunity
to publicly state their cases before the Copyright Office.
Both Jenny Toomey and Brian Zisk sat in on the panel discussions. We
also prepared a statement that addressed our interest in participating
in the event, which you can read here.
The FMC filed testimony for this hearing, through which we expressed
our belief that webcasting is emerging as a vital new source for entertainment,
music and news that can provide greater diversity and more choices for
the public, and new revenue streams for musicians.
After highlighting the inherent value of webcasting, we proposed an
alternative licensing structures based on four recognizable "classes"
of webcasters. We urged members to recognize the differences between
the various classes of webcasters and craft licensing and reporting
requirements that are scaled to ensure that the greatest number of webcasters
have the ability to operate.
In particular, we proposed an "incubator" license, under which
small commercial webcasters would pay reasonable licensing fees and
royalty rates and meet realistic reporting requirements for a specified
period of time. If the station is successful in building revenue and
audience size in the time allotted, it will transition to the standard
rates and reporting structures established by the Copyright Office and
the CARP. Second, we encouraged policymakers to establish non-commercial
licenses and reasonable reporting requirements for webcasters who are
not aiming to run a commercial venture through their service. This modified
rate, offered solely to noncommercial/ nonprofit/college/hobbyist webcasters,
should be based on existing precedents that have served non-commercial
radio well for decades.
We encourage you to read our 10-page testimony here.
While we appreciate Musicdish's careful reading of our testimony, we
would point out that Musicdish's assertion that we ignored the terrestrial
broadcasters is a bit misleading. The primary goal of our testimony
was to focus on a proposal for a tiered rate and reporting requirement
structure that would allow for both smaller commercial webcasters and
nonprofit/hobbyist webcasters to flourish.
FMC Files Reply Comments with FCC on Local Markets
On May 8, the FMC submitted reply comments to the FCC on their Notice
of Proposed Rulemaking concerning Multiple Ownership of Radio Broadcast
Stations in Local Markets (Docket 01-317).
Our brief reply comments addressed industry comments claiming that increasing
concentration of radio ownership is compatible with the public interest.
The FMC disagrees. Contrary to ar-guments that economies of scale would
increase the diversity of radio programming, experience demonstrates
that niche formats addressing significant but minority tastes have been
aban-doned as ownership concentration increases.
FMC Participates in Future of New Orleans Music Conference
On April 29-30, the FMC board headed down to New Orleans, not only for
the crawfish and jazz, but also to participate in a two-day affair graciously
hosted by the Louisiana Music Commission and Loyola University.
Jenny Toomey, Walter McDonough, Michael Bracy and Brian Zisk joined
others for the well-attended symposium, which covered a gamut of issues
about music, technology, local grassroots campaigns, and new models
for promotion, marketing and distribution. The overarching goal of the
event was to educate and empower Louisiana's huge and diverse music
community about the new tools available to them to help their community
thrive.
We congratulate the hosts for putting together such a well-organized
and informative event, and look forward to more events in New Orleans!
Health Insurance Survey Continues
The Future of Music Coalition is moving towards figuring out ways to
help more musicians get better health care for less money. Our first
goal is to quantify the musician/insurance landscape so, on March 15,
2002 we launched the first component, a musicians' health insurance
survey. 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 2700 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.
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 in the News
Power to the Peer
You can lead consumers to music, but can you make them pay?
By Judith Lewis LA
Weekly, May 17-23 edition
Forget Love -- All They Really Need is Health Insurance
"The Recording Artists Coalition's fight against the seven-year
contract statute and the music business' losing battle against downloading
may get the headlines. But to thousands of musicians, there's an urgent
issue that could prove the catalyst for organizing into a cohesive body:
health insurance. That's the belief of Jenny Toomey, an independent
musician and executive director of the Washington-based Future of Music
Coalition."
[...]
By Steve Hochman
LA Times, April 28, 2002
Available through LA Times archive
Expert Sound-Off: The Law that Could Kill Webcasting
Brian Zisk discusses the recent Copyright Office licensing and reporting
requirements that have many webcasters up in arms.
by Brian Zisk CNET,
April 24, 2002
Other Great Articles in the Newsstream
Kazaa, Verizon Propose to Pay Artists Directly
By Jefferson Graham USA
Today, May 14, 2002
File Sharing a Hit, Despite Legal Setbacks
By Jefferson Graham USA
Today, May 14, 2002
Ask the Artists: Ian MacKaye and Mike Watt
A fantastic interview with punk/DIY icons Ian MacKaye (Dischord Records/Fugazi/Minor
Threat) and Mike Watt (Minutemen, fIREHOSE) about the current state
of the music industry. Starpolish,
April 2002
Rocking radio's world
Commercial radio may be in its worst shape ever, with listeners tuning
out
and legislators calling for investigation into corporate control of
public
airways.
By Greg Kot Chicago
Tribune, April 14, 2002
Free, but registration required
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!
Also on the calendar:
Jenny Toomey speaking at NXNE - Toronto, June 6-8, 2002 http://www.nxne.com
What We Are Doing
Jenny Toomey
Jenny Toomey has been working on the health insurance initiative and
the CARP filings. She spoke at the Future of New Orleans music conference
and at the Copyright Office Roundtable. Aside from FMC she just mastered
her new record "Tempting" which will be released in October.
Michael Bracy
After surviving a treacherous office move, Michael Bracy is calling
on his summer-job glory days as a summer camp swim instructor to recapture
the art of keeping one's head above water. Momentum is quickly building
on a number of issues near and dear to the FMC's heart, including
radio consolidation, low power FM rollout, webcasting rates and reporting
requirements and copyright reversion rights. The FMC DC staff is working
closely with the policy community, consumer groups, the media and
citizens in our effort to both articulate these issues and work toward
specific remedies to some of the challenges in the space. Finally,
what summer would be complete without some blockbusters? Is it possible
the policy community will start paying attention to the other "Attack
of the Clones" -- this one presented courtesy of the commercial
radio industry? Will artists and music fans be learning more about
the "web" of corporate dominance that has made radio such
a "sticky" mess? You never know how these things will play
out, but the hunch here is that some folks may soon be walking on
walls....
Walter McDonough
Walter McDonough has spent the spring enjoying the surge of Boston
Red Sox while he speaks to parties throughout the United States in
search of possible settlements to the webcasting royalty controversy.
He is also continuing work on his book and an upcoming law review
article of compulsory licensing which should be published before year's
end.
Kristin Thomson
Kristin has been busy as ever, preparing testimony and Copyright Office
documents, keeping the website functioning, managing the health insurance
survey, and overseeing the radio consolidation study. Kristin's Philly
band Ken is preparing to go into the studio in June, while her DC
band Tsunami, which also includes Ms. Toomey, has penciled in practice
weeks in July and August. Is a reunion afoot? Only those smart enough
to attend Ladyfest DC (www.ladyfestdc.org) will know the truth.
Peter DiCola
Peter DiCola has begun his work on the FMC's study of radio industry
consolidation in earnest now that the summer months have begun (if
not the summer weather) in Ann Arbor. His immediate focus is on analyzing
radio station data, to determine the reach of consolidation and to
learn about the new structure of the radio industry. Anyone who can
recommend good books on industrial organization or media economics
should send him an email at pcdicola@umich.edu
Brian Zisk
Brian (with Walter and everyone else) has continued working to attempt
to resolve the webcasting controversy in ways which will work for
all parties. He traveled extensively, speaking on panels, and with
webcasters, artists, elected officials and their staffs, citizens,
recording industry representatives, and the RIAA. These travels have
taken him to such spots as New Orleans, Washington D.C., Boston, and
Benbow. He's communicated through the press with folks who read publications
such as the L.A. Weekly, and has publicly written quite a bit on this
issue, in venues as varied as CNET, and comments submitted to the
Library of Congress.
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
