[…] McLeod and DiCola believe that people, not corporate entities define society and that even wonderfully radical art or technology is still beholden to that society. They supplement this sentiment with a proposal to reform sample clearance laws, under which artists are free to sample within reason, and rights holders can pay a fee to a third, possibly governmental, party to stop the sampling artist. It’s an interesting idea that requires all parties to create a shared perspective on the new digital reality. But given the political dimension of our society’s inability to be proactive about anything, their proposal is largely an academic exercise. read more
It’s hard to believe we’re getting so close to the 2011 Future of Music Policy Summit (Oct. 3-4, Georgetown University, Washington, DC). If you aren’t alrady registered, don’t wait — space fills up fast, and we’d love to have you be a part of the conversation.
In the last thirty years, technology has transformed the conversation between past and present musicians: it is now possible to quote a previous work not only note for note, but byte for byte. The turntable and the sampler are the hip-hop artist’s quintessential instruments. The culture of hip-hop bricolage, coupled with intense commercial pressures in the recording industry and an inevitable proliferation of rip-off artists, has created difficult challenges for copyright law and for the concept of licensing. Several cultures must adapt to each other, and often they are doing so in the courtroom. read more
New York has made the cover of plenty of albums, from The Freewheelin’ Bob Dylan (161 W. Fourth St.) to Led Zeppelin’s Physical Graffiti (96 St. Mark’s Place) to the first New York Dolls album (131 Second Ave.). The corner of Rivington and Ludlow is home to another: Paul’s Boutique, the landmark 1989 album by the Beastie Boys.
Over the past few weeks, the wonkier neighborhoods of the internet have been buzzing about a new bill introduced by Senator Amy Klobuchar (D-MN) that would make illegal streaming of copyrighted works a felony. Most of the bill’s critics worry that the amendments would allow the government to throw YouTube users, online video game tournament streamers and other seemingly minor infringers in jail. We at FMC feel that even though the bill would likely have less impact on musicians than it would on fans internet users in general, it’s important to describe what’s actually, you know, in the bill. Because not all of what you might hear is accurate. read more
You may have heard about a new bill introduced by Senator Amy Klobuchar (D-MN) that would make illegal streaming of copyrighted works a felony. If not, you can take our word for it when we say that it’s produced some strong reactions on blogs, message boards and social networks.
And there was a feeling the deal struck the right balance between rights holders’ needs and the rights of Internet customers. “While it is too early to tell whether a graduated response policy will have any measurable effect on the unauthorized distribution of music files, the framework does seem to strike an appropriate balance between access to a crucial communications platform and the need to protect the rights of artists,” said Future of Music Coalition Deputy Director Casey Rae-Hunter.
In an attempt to curb the unauthorized file sharing that has bedeviled the entertainment industry for over a decade, several major Internet Service Providers have agreed to implement a “graduated response” policy to educate — and potentially penalize — users caught illegally sharing copyrighted material online. To do this, ISPs will seek out hotbeds of peer-to-peer activity and target offending IP addresses. The policy is the result of collaboration and negotiation between ISPs and major content companies (think film studios and major labels).
“Creative License” is recommended not just for music geeks or music business geeks, but for anyone interested in law, the arts or both. Well written and treated with care, McLeod and DiCola’s work should be read on college campuses around the country.