[UPDATE: Read our written testimony before the committee here.]
On Wednesday September 18, The House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet held a hearing to discuss “The Role of Voluntary Agreements in the U.S. Intellectual Property System.”
Uh-oh, did we lose you already? Hearings always sound boring; they don’t have punchy names like SXSW panels, but we promise this one was relevant to musicians, fans, and Internet users. Keep reading. read more
Same issue, new lawsuit. The big three record labels (Sony, Universal and Warner Bros), along with indie ABKCO, are the latest to sueSiriusXM for underpayment of royalties for pre-1972 sound recordings.
“The making of a good compilation tape is a very subtle art—many dos and dont’s.” – High Fidelity
This is the essentially the argument made by dance record label Ministry of Sound in their lawsuit against Spotify in the United Kingdom. Most of the label’s profits come from selling compilations featuring artists they haven’t signed—albums with names like Running Trax 2013, Clubbers Guide and Chilled House Classics.
“We painstakingly create, compile and market our [compilation] albums all over the world,” wrote Ministry of Sound chief executive Lohan Presencer in his Guardian Op-Ed.“Millions trust our brands, our taste and our selection.” (Note: Lohan Presencer is only a slightly-less awesome name than Benedict Cumberbatch.)
According to Presencer, the effort that goes into this curation process is intellectual property that needs to be protected.
Having had time to digest a 100+ page report on digital copyright policy, we can report back that this “green paper” covers a range of issues around copyright and technology with an understanding of the complexities for creators. The report is a product of the Department of Commerce’s Internet Policy Task Force (IPTF) with input from the U.S. Patent and Trademark Office (USPTO) and the National Telecommunications and Information Administration (NTIA). We wouldn’t say that the green paper is a good beach read — and not just because it’s after Labor Day — but it does lay out very clearly the challenges and opportunities of the digital marketplace.
Of course, we’re mostly concerned about how these issues impact musicians and composers. This is why we’re also delighted to announce that one of the contributors to this report, Shira Perlmutter, Chief Policy Officer and Director of International Affairs at USPTO, is going to give a keynote at the Future of Music Summit (Oct. 28-29, Georgetown University, Washington, DC). Don’t miss the chance to hear from the horse’s mouth about how executive branch agencies are dealing with the issues that impact YOUR livelihood — registration is open now (with a limited number of musician scholarships available)!
It seems another rash of Bieber Fever is breaking out across the internet as a new “green paper” from the Department of Commerce’s Internet Policy Task Force goes public. This report [PDF], published in July, takes the position that it should be a felony to stream copyrighted works, echoing a bill introduced by Senator Amy Klobuchar (D-MN) back in 2011. Two years ago, passions were ignited with an online campaign to “Free Bieber” from prison, where he was supposedly sent for posting the cover songs on YouTube that launched his career. The too-cute-to-be-accurate campaign even inspired The Bieb himself to come out against Klobuchar’s Commercial Felony Streaming Act.
Well, don’t “belieb” the hype. It wasn’t true then and it’s even less true today. The Task Force is not recommending that cover artists—or even the fans streaming potentially infringing videos—be sent to jail. Rather, the report merely recognizes an anomaly in copyright enforcement in which the unauthorized reproduction and distribution of copyrighted works—such as illegal downloads—can be punished as a felony, but public performance—such as streaming—is currently a misdemeanor. In other words, the Task Force thinks it makes sense to harmonize digital and streaming standards. (This outlook is also shared by the Obama administration and the Copyright Office.) The reasoning, according to the report, is that “the lack of potential felony penalties for criminal acts of streaming disincentivizes prosecution and undermines deterrence.”
As recent news reports reveal, the Intellectual Property Enforcement Coordinator for the United States, Victoria Espinel, has stepped down. Appointed by President Obama in September 2009, Espinel coordinated the various federal agencies’ approach to intellectual property (IP) enforcement, serving in this post until August 9, 2013.
FMC is deeply appreciative of Espinel’s service, as we understand how complex this space can be. Digital technology has transformed the marketplace for intellectual property — providing global reach to creators, innovators and entrepreneurs, but also creating real challenges to the enforcement of rights. For the music community, this chiefly means copyright protections, but Espinel’s job also included other aspects of intellectual property, such as patents, trademarks, trade secrets and industrial design.
by Communications Associate Kevin Erickson and Policy Intern Cody Duncan
Last week, the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet wrapped up the second of a pair hearings focusing on innovation and copyright. Both of these hearings were part of the subcommittee’s ongoing review of existing copyright law; the latest was titled Innovation in America: the Role of Technology. read more
Acclaimed singer-songwriter Aimee Mann is the latest artist to enter the digital royalties battle. Mann recently filed a lawsuit against the company MediaNet, demanding statutory damages for copyright infringement of around 120 songs. If she wins, Mann could be awarded up to $18 million dollars in damages.
Mann’s lawsuit alleges that around 120 of her songs are being provided to various online radio sources by MediaNet, but the company does not have the rights to her songs, and has not compensated her for plays since September, 2005. Mann admits that in 2003 she entered into a license agreement with MediaNet, but she sent a termination notice in 2005. After her attempt to terminate the agreement, MediaNet allegedly continued to distribute her music, sending only a $20 advance in March 2013 for the last eight years, which Mann promptly returned.
Earlier today, major companies Conde Nast, AOL, Google, Microsoft, Yahoo! and others committed to a set of best practices aimed at reducing so-called “ad-supported piracy” online. The White House Office of the U.S. Intellectual Property Enforcement Coordinator (IPEC) and the Interactive Advertising Bureau (IAB) released best practices guidelines that aim to reduce the flow of advertising revenue to operators of sites that are principally dedicated to selling counterfeit goods or engaging in copyright infringement.