@davidclowery: Does Sensenbrenner Bill Mean It’s Time for a Grand Jury?

What appears to be a backdated NOI sent to the author. If this was intentionally backdated this is fraud. Note MRI is simply a third party that sent the notice on behalf of the service.  All legal responsibility rests with the service. 

Digital music services are trying to end songwriters ability to ever sue broadcasters and digital music services for copyright infringement with this bill.   In order to sue for copyright infringement you have to mount a case in a federal court.  Not your local district court.  This is extremely expensive.   I would estimate you need about $250,000 to effectively fight a case.   This bill takes away statutory penalties and legal fees, even when the songwriter prevails.  This makes it impossible for independent songwriters to exercise their legal rights. NAB Broadcasters and digital services like YouTube and Spotify can safely ignore songwriters, especially independent songwriters with no resources. Songwriters and publishers would have never been able to achieve the recent settlements against Spotify, without statutory penalties and legal fees.

So this may surprise you but I say “fine!” Take away our ability to mount copyright infringement lawsuits?  We still have plenty of other (sometimes much more severe) remedies available.  Most songwriters don’t really care about the money.  The royalties are pretty paltry to begin with.  This is really about the principle. This is about justice.

I’m no lawyer but the more I learn about the predicament of songwriters in the US, it feels like something more than just copyright infringement seems to be going on.  My layman’s reading of the situation makes me wonder if this isn’t exactly what the authors of the RICO laws had in mind.  [RICO stands for “Racketeer Influenced and Corrupt Organizations Act”.  Copyright infringement has long been one of the RICO “predicates”.]

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