“Advancing the Creative Economy” was the theme of the Copyright Clearance Center’s OnCopyright 2012 conference on March 30, and an important first order of business seemed to be defining what, exactly, a creative economy is. For many, it became a matter of semantics: “piracy” and “stealing” vs. “infringement,” “individual” vs. “commercial,” “intellectual property” vs. “creative greater good,” and “copyright” vs. “licensing.” The philosophical implications of these words clearly depended on what roles panelists played in the creative economy, as did the preference as to whether copyright ambiguities be better defined, or remain vague and fungible… read more
Ever find yourself in a situation where a hot court decision drops but you have precious little time for a proper analysis? That was exactly the case this week, when your steadfast FMC’ers found ourselves with an appeals ruling in Viacom’s high-profile case against YouTube. The decision just dropped yesterday, but dammit, we like to be first in analysis! (OK, maybe second; Public Knowledge is pretty quick on the draw.)
The following is the gist of the case and the April 5, 2012 decision by the 2nd Circuit Court of appeals. read more
In July of 2011, several Internet Service Providers (ISPs) announced a “Memorandum of Understanding” with the major content industries. In essence, the ISPs agreed to implement a “graduated response” policy to educate and potentially penalize internet users sharing or downloading unauthorized content. Our initial statment on the Copyright Alert System (CAS) lives here. read more
Next year, a time bomb embedded in the Copyright Act of 1976 starts to detonate, as valuable copyrights fall back into the hands of artists who decide that they would prefer to own their songs, rather than allowing their label and publisher to keep selling them… read more
A couple of weeks ago, NPR’s “Planet Money” broadcast an episode about Katy Perry’s recent success. In case you didn’t know, the pop star has locked down the Billboard charts with five different singles from her album Teenage Dream, selling over two million albums and 24 million songs on iTunes. Besides itemizing these accomplishments, “Planet Money” focused on EMI’s inability make more than eight million bucks from Perry’s popularity. read more
On February 15, 2012, Future of Music Coalition sent a letter to the Federal Trade Commission voicing concerns about the propsed aquisition of EMI Music by Universal Music Group (UMG). In it, we describe how competition allows for more innovation and opportunities for artists, and that the sheer market power of a post-acquisition UMG would inhibit the growth of the legitimate digital music marketplace.
February 15, 2012
Mr. Richard Feinstein, Esq., Director
Mr. Norman Armstrong, Esq., Deputy Director
Office of Policy and Coordination
Bureau of Competition, H-374
Federal Trade Commission
600 Pennsylvania Avenue, NW
Washington, DC 20580
One thing that is clear from the massive blowback is that the “business-as-usual” approach to policymaking is unlikely to produce results (at least not the results desired and expected by major industry trade groups). Unfortunately, some folks seem to be missing that point entirely, and are clinging to the idea that the SOPA/PIPA kerfluffle was simply Big Content vs. Silicon Valley.