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Greetings from Washington, DC - where the magnolia trees are about to bloom, baseball's opening day is nearly upon us, and change is afoot in the worlds of music, technology and policy. Read on for the latest!
1. FMC Launches Rock the Net Campaign for Network Neutrality
2. FMC Announces Policy Day: May 2, 2007
3. FMC Responds to New Webcasting Rates
4. Cautious Optimism About FCC Payola Settlement
5. FMC Welcomes Justin Jouvenal as Communications Director
6. SXSW & Canadian Music Week Roundups
7. Newsstream
1. FMC Launches Rock the Net Campaign for Network Neutrality
R.E.M., Pearl Jam, Boots Riley of The Coup, Ted Leo, Death Cab for Cutie, OK Go, the Kronos Quartet, Sarah McLachlan, Barenaked Ladies, Calexico, The Donnas, Kathleen Hanna and many other musicians and independent record labels have joined Rock the Net, a nationwide campaign to recruit thousands of artists to support the fight for net neutrality. http://rockthenet.futureofmusic.org
Three years ago, 4,000 musicians signed an FMC letter opposing radio consolidation. With Rock the Net, we intend to get thousands of musicians, independent labels and music services to become part of the effort to keep a 'payola' system from being established on the Internet.
At the Rock the Net website you can sign on to the campaign, then add your upcoming shows to the Rock the Net database, which will display on our interactive map cataloging events around the country. You can also invite other bands to join, sign a petition and send a letter to Congress. Our goal is to demonstrate the music community's nationwide support for the principle of net neutrality.
We're holding a Rock the Net kick-off press conference just before Ted Leo's March 29 show at the 9:30 Club in Washington, DC. If you're at the show, be sure to stop by and say hello! FMC is organizing Rock the Net with Noise Pop and Zeitgeist Artist Management.
R.E.M., Pearl Jam, Boots Riley of The Coup, Ted Leo to join launch of major nationwide campaign for net neutrality FMC press release, March 23, 2007
FCC to Examine Network Neutrality
Rock the Net has the chance to have a real impact on policy. Late last week - on March 22 - the FCC announced that it would open a Notice of Inquiry on broadband industry practices, including the principle of network neutrality. While all five commissioners agreed to the NOI, Copps and Adelstein both noted that this course of action was too tepid for their liking.
"I want an FCC that unconditionally states its preference for nondiscrimination on the Internet," Copps said.
We want to quote Copps at length below because his statements are so strong that it just makes you want to grab a bullhorn and march right next to him:
"We should be building on what we have already approved and going with at least a Notice of Proposed Rulemaking with a commitment to move to an Order within a time certain. These are not esoteric, inside-the-Beltway issues - they go to the very core of what kinds of opportunities are going to be available to all of us in this digital age. We're being left behind in broadband globally, the country is paying a steep cost, and we face the stark challenge to decide if we are going to do something about it or not. We're talking here about the greatest small "d" democratic technology platform that has ever existed. Taking another year or two to decide if we want to keep it that way shortchanges the technology, shortchanges consumers and shortchanges our future. I will not dissent from the one small step forward we take today, but I do lament our not making a Neil Armstrong giant leap for mankind."
We applaud Commissioners Copps and Adelstein for their understanding of and their commitment to the principle of net neutrality. Let's all work together and show that the music community supports it as well. Rock the net. http://rockthenet.futureofmusic.org
As we expected, action on issues at the intersection of music, law, technology and policy has reached a fever pitch.
In February, Steve Jobs' open letter calling for an end to DRM kicked off a passionate, high-level debate about whether digital rights management on music is necessary. Meanwhile, European countries continue to challenge Apple on the lack of iTunes and iPod interoperability with other devices. Stateside, legislation has been introduced to amend Section 115 of the Copyright Act, which would drastically change how music is licensed on the digital platform.
Satellite and internet radio issues have been particularly hot. XM Radio has been sued by the RIAA and, most recently, the music publishers over its portable music player, both suits charging that the company is not licensed to allow its subscribers to download music. Legislators have also re-introduced the PERFORM Act, which would require a digital broadcast flag intended to stop listeners from downloading specific songs from satellite radio or webcast stations. Most recently, small webcasters have filed for a re-hearing of the Copyright Royalty Board's royalty rates, all while XM and Sirius work on their proposed merger.
With so many burning issues, FMC is organizing a one-day event that will allow for a robust but balanced discussion of the music/technology issues that are emerging in the courts, Congress and at the Copyright Office.
FMC is collaborating with the American Constitution Society for Law and Policy (ACS) on programming this event, which will be held at the Center for American Progress at 1333 H Street NW, Washington, DC. ACS is one of the nation's leading progressive legal organizations, with student and lawyer chapters all across the country, and hosts programs and projects at both the national and local level.
Programming, keynotes, and conversations will include panel discussions on emerging issues like:
Copyright-related bills including Section 115 reform
3. FMC Responds to Copyright Royalty Board's Decision on Webcasting Rates
All of us here at FMC love our internet radio stations, where we can listen to the new and popular, the obscure and old, and everything in between.
That's why we were troubled by the Copyright Royalty Board announcement of higher royalty rates for small webcasters. If the financial impact is as severe as stated by some small webcasters, these new rates could mean less music and more advertising or, even worse, stations going off the air altogether because they can't afford to pay the new rates.
We fully support the digital performance royalty, which are the royalties paid by webcasters and satellite radio to SoundExchange, which then pays them to performers and sound recording copyright owners (usually the record label). However, we also believe that this "one size fits all" approach to webcasting rate calculation can be harmful to the small and non-commercial webcasters. Online radio and webcasting as a medium can't develop if the small, non-commercial and hobby webcasters are saddled with the same rates and reporting requirements as the large commercial webcasters that can afford to pay.
For the good of the listeners and artists, FMC hopes that the webcasters and SoundExchange can work together to strike a balance that recognizes the value of webcasting to creators and listeners, but also properly compensates artists, performers and labels for uses of their work.
4. FMC Cautiously Optimistic about FCC Payola Settlement
On March 5, 2007, the FCC released the details of an agreement they had struck with the major radio broadcasters regarding payola.
This was a long time coming. FMC has been following the payola scandals for years, starting with our increased awareness of the "indie promoter" system, which luckily also reached the ears of former NY attorney general Eliot Spitzer. An aggressive prosecutor, Spitzer's crack team of attorneys used the subpoena power of his office to unearth thousands of pages of evidence that showed that payola was a pervasive practice in the radio industry. Throughout 2005 and 2006, Spitzer collected millions of dollars in settlements with all the major labels. He also urged the FCC to use his compiled evidence to take action against the broadcasters that were engaging in this illegal practice.
After nearly two years of consistent pressure from musician advocacy groups and the public, the FCC finally brokered an agreement with the broadcasters. In addition to a $12.5 million fine, the broadcasters accepted "Rules of Engagement" which outline how radio companies and record companies and artists should interact.
The agreement also includes an "Independent Music Content Commitment" that equates to 8,400 half-hour blocks of airtime dedicated to independent label or unsigned artist music.
FMC was very active on this issue behind the scenes, working with both the FCC and A2IM on crafting acceptable language. We feel confident that this is the strongest deal that we could get from this current Commission, which is one that has been avoiding taking any action on payola. It is important to stress that this is not the "end" of the payola issue, but rather an important step in the effort to ensure that local and independent artists have a legitimate opportunity to receive commercial airplay.
5. FMC's New Communications Director: Justin Jouvenal
We're thrilled to introduce you all to Justin Jouvenal, FMC's first Communications Director. Justin comes to us from the world of journalism. While on the west coat, he covered San Francisco City Hall, the U.S. Congress and the California state legislature for the SF Bay Guardian, the Oakland Tribune and the LA Times Magazine, writing numerous stories that exposed abuses of power and corruption by government officials. He's only been on the job for two weeks but already doing a spectacular job spreading the word about our pile of projects. Welcome, Justin!
6. South by Southwest and Canadian Music Week Roundup
Earlier in March, FMC's Jenny Toomey, Kristin Thomson and Walter McDonough headed north for Canadian Music Week in Toronto. Besides moderating panels on new business models and copyright issues, we saw many folks that we'd first met at our Policy Summit in Montreal in October 2006.
The following week, Michael Bracy, Walter McDonough and Brian Zisk headed to Austin for the annual SXSW conference. In addition to hearing lots of great music, they also appeared on panels addressing the global marketplace, how to take advantage of digital opportunities, and business models for digital music.
FMC's HINT project coordinator Alex Maiolo was also in Austin, meeting with dozens of musicians, managers and labels folks to discuss health insurance options for musicians. Alex will be traveling to more conferences this year including Tape Op, Bumbershoot, FMC's Policy Summit, where he's eager to meet in person with anyone who has questions about health insurance. If you'll be attending any of these events, or want to invite Alex to another conference, email him at hint@futureofmusic.org.
But also remember that you don't need to wait until then: visit HINT's web portal at http://www.futureofmusic.org/hint/ to learn more about health insurance for musicians or to make a telephone appointment with our HINT consultants, all at no charge.
7. Newsstream
You asked for a blog - and we're thrilled to announce that we have one now!
It's still in its infancy, but once it's up and running we want our blog not only to educate you on a daily basis on all the music and technology issues, but also to give you a fresh take on the news, to amuse you, and to inspire you to learn more. If you have suggestions on how we can make our blog better, please send your suggestions along to suggestions@futureofmusic.org.
Turtles on YouTube
Members of 1960's band The Turtles use a hilarious whiteboard flowchart to show their chain of managers and lawsuits from 1966-1974. http://www.youtube.com/watch?v=5JHN5HaUg28
Publishers Sue XM Satellite Radio
In other news, publishers file a suit similar to the RIAA suit of 2006, charging that XM's MP3-like player acts as a recorder rather than as a radio Susan Butler, Billboard, March 22, 2007
The Album, a Commodity in Disfavor
The music industry struggles to cope with the transition from an album-oriented to a singles-oriented culture. Jeff Leeds, New York Times, March 26, 2007
Too Perfect Harmony: How Technology Fostered, and Detected, a Pianist's Alleged Plagiarism
Classical pianist Joyce Hatto is accused of plagiarism posthumously when technologies show that her performances match those of another pianist too closely. By Mike Musgrove, Washington Post, February 22, 2007
Perhaps the Coolest Moment in the History of Congress and Why It Matters
Rep. Mike Doyle (D-PA) name checks DJ Drama and Girl Talk during congressional hearing on satellite radio. 463 Blog, March 11, 2007
Thanks,
Jenny Toomey
Michael Bracy
Walter McDonough
Brian Zisk
Kristin Thomson
Jean Cook
Justin Jouvenal
Chhaya Kapadia
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
