Using forks and knives to eat their bacon
Piggies, written by George Harrison
The well-known royalty deadbeat Vimeo is screwing artists over yet again. This time it’s pre-72 artists whose recordings the deadbeat wants to exploit on a “DMCA license” when the same courts deny justice to those very artists for the performance of their recordings by these very deadbeats.
Remember, the loophole these deadbeats exploit is the lack of federal copyright protection for sound recordings made prior to February 15, 1972, a totally arbitrary date. In 1998 the Congress passed the horrendous DMCA safe harbor that The Man 2.0 lobbied for to allow them to claim they have no knowledge that they are infringing–despite the fact that their entire business is built on stealing other people’s music.
At the same time, the Congress finished up the work it started in 1995 to establish a full-blown royalty system for the performance of sound recordings, paying hundreds of millions to recording artist who were previously ripped off. But–seizing an opportunity to save 30 pieces of silver, Sirius and Pandora fought to keep from paying pre-72 artists because The Turtles sued. While nobody ever thought Sirius cared about anything but money, this is why Pandora’s pro-artist bullshit is bullshit, leading to the musical question, how do you sleep at night?
So are you catching the theme here? The courts protect Big Tech in both cases. First, by allowing them safe harbor protection under the “DMCA license” according to the Supreme Court. Is it any accident that Lessig pal Justice Elena Kagan is on the court?
Second, by protecting them from paying on pre-72 recordings in New York where the Vimeo case was filed.
U.S. courts just want to crush the old guys and dead cats at every opportunity.
The Supreme Court won’t hear an appeal from record companies that want to pursue copyright infringement claims against music site Vimeo for hosting unauthorized recordings from the Beatles, Elvis Presley and other classic artists.
The justices on Monday left in place a federal appeals court ruling that said websites are protected from liability even for older music recorded before 1972.