FMC Files Orphan Works Comments at Copyright Office
Supreme Court Hears MGM v Grokster
April 8: FMC members at Harvard’s Signal/Noise
Senate Takes Up Indecency
In the Newsstream
------------------------------------------------------- 1.
Join us for a Music/Policy Mashup in DC: April 12, 2005
-------------------------------------------------------
On Tuesday, April 12, FMC is hosting a one-day DC Policy Day, where we
will apply a laser-beam focus on four critical topics emerging in the Courts,
Congress, and at the Copyright Office: digital audio broadcasting and the
future of radio, low power FM and community voices, health insurance and
musicians, and Copyright in the Courts and Congress including the discussions
about the Grokster case and orphan works. Please join us if you can,
and spread the word!
What: Future of Music DC Policy Day
Where: Kaiser Family Foundation’s
Barbara Jordan Conference Center
1330
G Street NW, Washington, DC
When: Tuesday, April 12, 2005,
10 AM to 6 PM
The
Policy Day will feature keynote speakers FCC Commissioner
Jonathan Adelstein and Representative
Diane Watson (D-CA) as well as a diverse selection
of panelists, including:
Claudia Bach AdvisArts Consulting Ann Chaitovitz National Director of
Sound Recordings, AFTRA Jeffrey Cunard Partner, Debevoise & Plimpton,
LLP Berkley Etheridge Vice President, National Music Publishers Association Adam
Forest Executive Director, Fractured Atlas Mitch Glazier Senior VP, Government
Relations, RIAA Jim Griffin CEO, Cherry Lane Digital Joseph Kluger President, Philadelphia
Orchestra Mila Kofman Assistant Research Professor, Georgetown University
Health Policy Institute Alex Maiolo Partner, Lee-Moore Insurance Chris Mays VP and Program Director,
KMTT Seattle Matt McConville musician, Annapolis Musicians' Fund Margot Nassau Royalties
and Licensing Manager, Smithsonian Folkways Nan Rubin Community Media Services Hannah Sassaman Organizer, Prometheus
Radio Project Jule Sigall Associate Register for Policy & International
Affairs, US Copyright Office John Simson Executive Director, SoundExchange Gigi Sohn President, Public
Knowledge Dave Ulmer Director of Marketing, Media Solutions, Motorola
Food! Drink!
------------------------
As has become tradition with our Policy Summits,
we’re working
on arranging a pre-panel Pho dinner at Nam Viet in Arlington, VA on Monday,
April 11. This is a great chance to meet panelists and other attendees
while eating delicious Vietnamese fare. We’re also expecting
to walk over to the bar/restaurant Red Sage after the panels conclude
on Tuesday for a few drinks. Details
for your social calendar will be posted to the website as we confirm
them.
Music!
-------------------------
If you’re in DC a few days early, be sure to check out the festivities
associated with the Six
Points Music Festival, being held April 7 – 11
and showcasing over 40 artists at 13 venues in Virginia, DC, and Maryland.
------------------------------------------------------- 2. FMC @ Tribeca Film Festival: April 27 and 28, 2005
-------------------------------------------------------
FMC is also proud to be working in collaboration with the prestigious
Tribeca Film Festival to produce two panels that focus on the issues
at the intersection of music and film: one on soundtracks and one on
rights clearance for creative works used in documentaries and films.
Confirmed panelists include:
Rick Karr Cultural Correspondent, NPR News Orlando Bagwell filmmaker
and Program Officer, Media, Arts and Culture, The Ford Foundation Peter
Jaszi Professor, American University School of Law Rena Kosersky Music Supervisor
for documentaries Jeff Tuchman Documentary producer/director/writer, Documania
Films
Our signature event will be held in September this year, putting us
in just after Bumbershoot and just before CMJ. We already have
many panel and panelist ideas percolating, as well as new opportunities
to expand the programming and bring in more musical components. At
this point, we hope you will mark your calendars and make plans to attend.
------------------------------------------------------- 4. FMC on Orphan Works
-------------------------------------------------------
On March 25, 2005, FMC, AFTRA and AFM filed joint comments in the Orphan
Works proceeding at the US Copyright Office. Our comments said
that the US should adopt a modified version of the Canadian Unlocatable
Copyright Statute to allow creators and the public to use copyrighted
works that are unavailable because the Copyright owner is either unidentifiable
or unlocatable. We also suggested that uncollected royalties should
be used to finance a Heritage Fund that will advance the preservation
of copyrighted materials for the cultural and public good. In addition,
we asked the Copyright Office to issue a notice of inquiry examining
the status of out-of-print sound recordings, something that’s particularly
important for musicians whose prior albums may not be available for sale.
The entire document is here
We will also be submitting reply comments before the May 9 deadline.
700+ Orphan Works Comments Filed at the Copyright Office The U.S. Copyright Office has posted the orphan works comments that
were submitted. Over 700 comments were submitted in total. The CO will
be accepting comments in direct reply to these through May 9. By Gavin
Baker, BoingBoing, March 30, 2005
Lessig Blog
The 711 unique comments submitted to the Copyright Office
on the "Orphan
Works" question have been posted.
This is a fantastic response. By Larry Lessig, March 30, 2005
Joe Gratz Blog
Joe has posted several entries documenting the filing
process. He has even corrected the Copyright Office’s link
system on his site. By Joe Gratz, March 30, 2005
------------------------------------------------------- 5. Supreme Court Hears MGM v Grokster
-------------------------------------------------------
If
you haven’t already heard, on Tuesday, March 29, the Supreme
Court heard oral arguments in MGM v. Grokster. The major record
labels claimed that peer-to-peer file-sharing technologies (P2P) should
be liable for the copyright infringement of their individual users. The
P2P companies argued that if they were to be held liable for infringement,
the currently open door of technological innovation would be left barely
ajar.
By all accounts, the Justices were prepared and familiar with the
complex issues at stake in the case and asked probing questions of
both sides. According to a number of folks in attendance, Justices
were particularly concerned about the hypothetical inventor – the “guy
in the garage” – who may not move forward with an
invention if he/she might be sued for its use in infringing copyrights,
no matter the intent of the invention.
FMC has avoided taking a side in this case because we recognize that
musicians hold a whole range of opinions about copyright, file-sharing
and the internet. Look no further than the online survey that
we did in 2004 with the Pew Internet and American Life Project, in
which 2,700 musicians were asked a range of questions on these issues. It
was clear that musicians have embraced the internet as a way to create,
promote and distribute their work. But when it came to file-sharing,
about a third of artists were supporters of P2P, about a third were
opposed to P2P, and about a third were unsure.
Clearly, this case has generated a lot of news, as well as some predictions
about the outcome:
Lively Debate as Justices Address File Sharing
The much-heralded Supreme
Court showdown in the Grokster case between old-fashioned entertainment
and newfangled technology found the justices surprisingly responsive
on Tuesday to warnings from Grokster…that
a broad definition of copyright infringement could curtail innovation. By
Linda Greenhouse, New York Times, March 30, 2005
The Grokster Case’s Silent Majority Using no more than my laptop and any one of a hundred cheap or free
online services, I can be recording studio, record label, music store
and marketing machine. By Chris Anderson, LA Times, March 30, 2005
Camping Out for the Grokster Case Forget Star Wars premieres. A seat at the MGM Studios v.
Grokster Supreme Court hearing Tuesday morning was the hottest
ticket in town. By Katie Dean, Wired, March 29, 2005
My Day with the Supremes
Bottom line on Grokster: I think the Court
is likely to affirm the basic idea of Sony – that you can't sue a manufacturer or distributor
of a technology for copyright infringement if the technology has non-infringing
uses. But I also think they will remand and allow the RIAA to pursue
a claim for "active inducement" to infringe based on Grokster's
conduct. By Harold Feld, WetMachine Blog, March 30, 2005
Not an iPod
Grokster and StreamCast Networks are two of the latest
Napster-like file-sharing companies to send copyright holders into
a tizzy -- and with good reason. Editorial, Washington Post, March 30,
2005
------------------------------------------------------- 6. Birth of FMC Recreated at Harvards' Signal/Noise 2: April 8
-------------------------------------------------------
It was back in February 2000 when Jenny and Kristin took the overnight
train to Boston to attend the first Signal or Noise conference. When
they arrived they wrote “I know Ben Morgan” on their nametags,
which they hoped would assist them in meeting two people they only knew
from their postings on Ben’s Musictech email list: Brian Zisk and
Walter McDonough.
Brian was easy to find. In attendance with his father, he cheerfully
introduced himself and we had a lively discussion about his webcasting
company Green Witch. But it wasn’t until the end of the first
round of panelist presentations that we figured out who Walter was. After
what sounded like informed statements from various record industry folks,
moderator Charles Nesson looked around the room for questions from the
audience. A tall redhead asked for the microphone, who then delivered
a blistering critique. Then, instead of dismissing his argument,
Professor Nesson invited this provocateur to JOIN the panel, where he
then proceeded to shred the other panelists to pieces with his legal
knowledge. It was none other than Walter McDonough.
Fast-forward five years to Signal/Noise 2, which will be held on Friday,
April 8 at Harvard where both Jenny Toomey and Walter McDonough will
serve as panelists. Also in attendance will be FMC’s Research
Director Peter DiCola, Technologies Director Brian Zisk and Shoshana
Samole Zisk. If you want to get their attention, try writing “I
know Ben Morgan” on your nametag and see what happens.
------------------------------------------------------- 7. Senate Takes Up Indecency
-------------------------------------------------------
As mentioned in the past few newsletters, Congress has been very busy
trying to curb “indecency” on broadcast TV and radio. On
February 16, 2005, the House overwhelmingly passed legislation that sharply
raised fines on TV and radio stations and entertainers who violate
decency limits on air. Penalties had been $32,000 for a station and $11,000
for a performer. That has now been lifted to $500,000 for the station and the
performer.
The Senate is poised to consider its own version of legislation, the
Broadcast Decency Enforcement Act (S. 193). Introduced by Sen. Brownback
(R-KS) and co-sponsored by Sen. McCain (R-AZ) the bill currently does
not contain fines on individual performers and announcers.
Many music organizations, including FMC, have been working hard to ensure
that the Senate does not pass a bill with fines on individuals and
maintains that position if the bill goes to conference with the House. On
March 9, FMC sent a letter to the Senate articulating our concerns about
the unintended consequences of indecency legislation.
Now it’s your turn. AFTRA has set up a letter-writing campaign that urges
the Senate not to include fines on performers in this bill. Go
to this website to customize a letter and it will be delivered post-haste to your representatives.
Related:
Congressman Counters Anti-Indecency Legislation Rep. Bernie Sanders has introduced the Stamp Out Censorship Act of
2005, a bill aimed at curtailing efforts to extend indecency regulations
to satellite and cable providers. By
R&R, March 28, 2005
------------------------------------------------------- 8. In the Newsstream -------------------------------------------------------
Cell Phone Songs Prompt Control Questions
The rush is on to deliver
music and video to mobile phones, with wireless providers and device
makers jockeying for position to grab their share of the payday, all
parties mindful of the surprising billions being spent on musical ringtones. By
Bruce Meyerson, Associated Press, March 27. 2005
LPFM Station Welcomes Voices Not Often Heard
Its organizers hope to
allow access to the media to those who might not be given such access
by a commercial station. By
Pamela Martineau, Sacramento Bee, March 29, 2005 (registration reqd)
Rockers Flex BitTorrent’s Muscle With MTV and VH1 now crowded with programs like Date My Mom, The
Ashlee Simpson Show and Celebrity Fit Club, there's little
room for music videos, especially from independent artists. By Katie Dean,
Wired, March 23, 2005
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
