Shep Pettibone Wins Appeal on Recoupment of Legal Fees over Madonna’s “Vogue”

[The 2nd Circuit provides a tutorial on drafting indemnity clauses.]

The producer of Madonna’s iconic song “Vogue” isn’t responsible for paying the publisher’s legal fees in connection with a copyright fight they won, a federal appeals court on Wednesday ruled.

Following a lengthy copyright dispute over a sample Robert “Shep” Pettibone used in “Vogue,” which the producer and Warner Music defeated, another fight broke out over who had to foot the bill for attorneys’ fees.

Read the post on the Hollywood Reporter

Must Read: @RobertBLevine_: Karyn Temple Appointed United States Register of Copyrights @CopyrightOffice

[This is great news in a week of great news for copyright.  You couldn’t ask for a better person in the job.  My cup runneth over…]

Karyn A. Temple has been appointed Register of Copyrights, a job she has held on an acting basis for two and a half years. The announcement, made March 27 by Librarian of Congress Carla Hayden, will end years of debate about the appropriate way to fill the country’s top copyright job — at least for now.

Temple, who worked as Associate Register of Copyrights from 2013 until she became Acting Register, is generally seen as being evenhanded on the kinds of intellectual property issues that have become contentious in the digital age. She steps into the Register job at a time when the Copyright Office, which she will run, is in the midst of a pair of important studies and will soon choose who will run the licensing collective mandated to collect mechanical royalties under last year’s Music Modernization Act.

Read the post on Billboard

@adamlashinsky: Time for the Internet to Grow Up

[Apple gets it–it’s about the reporting…it’s time for Spotify to raise prices and dump the free service.  Netflix has done it a bunch.]

The news business hasn’t shown so much promise in years—and not because of the specifics of Apple’s offering or anyone else’s. Leading publications like The Journal, The Times, and The Post all already have robust subscription offerings. Whether or not they enhance their business models by participating with Apple is neither here nor there from an existential perspective. The point is the industry is surviving, maybe even thriving, by charging its customers for their high-quality product. Finally.

Read the post on The Data Sheet from Fortune and subscribe here

@GTP_Updates May Explain Concentrations of Article 13 Astroturf

There probably has never been as revealing an insight into Google’s short, loathsome and treacherous lifespan as the Article 13 legislative process in the European Parliament.  It has put a microscope on Google’s fake lobbying campaign, but it also shows the extent of Google’s influence peddling to protect its profits from the European version of what we call the DMCA safe harbor.

The concentration of the Article 13 astroturf campaign seems to be centered in Germany and Poland.  No surprise there–Google has been investing in European academics for a decade.  Thanks to the Google Transparency Project, we know considerable detail about the extent of that investment.

Google has spent millions of euros funding European academics to write papers on digital policy, bankrolling university institutes and think-tanks in London, Berlin, Brussels, Paris and Warsaw

Over the past decade, Google has invested heavily in European academic institutions to develop an influential network of friendly academics, paying tens of millions of euros to think tanks, universities and professors that write research papers supporting its business interests.

Those academics and institutions span the length and breadth of Europe, from countries with major influence in European Union policymaking, such as Germany and France, to Eastern European nations like Poland….

For example, Google has paid at least €9 million to help set up the Alexander von Humboldt Institute for Internet and Society (HIIG) at Berlin’s Humboldt University. The new group launched in 2011, after German policymakers voiced growing concerns over Google’s accumulated power.

The Institute has so far published more than 240 scholarly papers on internet policy issues, many onissues of central importance to Google’s bottom line. HIIG also runs a Google-funded journal, with which several Google-funded scholars are affiliated, to publish such research….

And in Poland, Google has funded the Digital Economy Lab (DELab) at the University of Warsaw, similarly described as an interdisciplinary institute that will research and design policies governing technology issues. Second, Google has created and endowed chairs at higher-learning institutions in European countries including France, Spain, Belgium, and Poland. Those chairs have often been occupied by academics with a track record of producing research that closely aligns with Google’s policy priorities….

Europe’s importance for Google cannot be overstated. It is both a key market, with usage rates above 80 percent in many countries, and the most organized source of opposition to its expansion plans. The European Commission is arguably the only regulator beyond the U.S. with sufficient clout to cause Google to alter its conduct. European officials have levied billions of dollars in fines for antitrust violations and have enacted some of the most stringent laws in the world to protect consumer privacy.

Strangely enough–sarcasm alert–the countries where Google has made its most significant purchase of academic mind share are also the countries where opposition to Article 13 seems the greatest, especially Germany and Poland.

But the larger point is that there should be no doubt in the mind of any artist anywhere in the world that Google and its fellow travelers are not your friends, never were and never will be.

Read the report here.

What’s Good for the Goose: Europe for Creators Asks for Equal Time on YouTube for Their Pro-Article 13 Messages

In case you had any doubts, YouTube’s antics in pushing its messaging on copyright reform in Europe should dispel the idea that it is a neutral platform.

When safe harbors for companies like YouTube were created in the US and in Europe 20 years ago, it was with the idea of providing a little latitude to reasonable people acting reasonably on the condition of being a neutral platform–for not creating an app for Room 101 where 2+2=5.

Not only is YouTube not a neutral platform, but YouTube and its parent Google are using YouTube to do the very thing with public discourse that Google is being prosecuted for with commercial transactions–using its monopoly position to crowd out competition.

This press release from Europe for Creators sums it up with this statement to YouTube: “You advocate freedom of expression but what we have seen is a media service dedicated to the promotion of its own views, based on false information and scare tactics.”

A cautionary tale for artist advocates around the world.

PRESS RELEASE

Brussels, 15 March 2019

Europe For Creators is asking YouTube for access to the same tools YT has used to promote its own messages on the EU’s copyright directive and article 13. The request is to allow Europe For Creators to message YouTubers and place banner ads on YouTube’s network, in the same way YT has done. An open letter has been sent by Europe For Creators, a coalition of professional organisations of writers, musicians, producers, comedians, films makers coming from all over Europe and representing 12 million jobs across the European cultural and creative sectors. YouTube’s behaviour in using its own network and advertising has been the subject of much debate about the platform’s dominance. Read the full letter below and on Article13.org.
An Open Letter to Susan Wojcicki, CEO of YouTube

Dear Ms Wojcicki,

After almost three years’ worth of in-depth examinations and negotiations involving the three EU Institutions, 28 Member States, 751 MEPs, and thousands of experts and stakeholders, the European Parliament is about to take a formal decision on the directive on Copyright in the Digital Single Market.

The aim of one of the main provisions of this directive – Article 13 – is to ensure that platforms such as YouTube fairly compensate the creators whose works are made available through their services. In other words, to play fair and respect the creators who made YouTube what it is today.

We believe that the Copyright Directive will create a level playing field for the European Digital Single Market, with fair and equal rules for all.

There is ample public debate around this directive and your right to defend your position, as a concerned party, is not in question. Indeed, the positions you have taken in the media or through your own videos against Article 13 are well known and nourish the public debate.

However, since the European Parliament voted overwhelmingly on Sept. 12 to approve its version of the Copyright Directive, YouTube has been actively using its own services to influence public opinion, often with misleading or false information.

You have taken advantage of your considerable influence over 1.8 billion monthly users as the biggest media entity in the world to:

  • Circulate your own message to video makers and YouTubers
  • Create a uniquely formatted page, similar to SaveYourInternet, on Youtube.com
  • Create a portal comprising all videos defending your position on Article 13
  • Run banners, pop-ups and push notifications on YouTube defending your point of view and directing traffic to your unique YouTube.com webpage

This is unprecedented and raises ethical questions.

Moreover, YouTube enabled the propagation of misinformation – such as the claims that Article 13 would lead to the shutting down of YouTube channels, kill European startups, put an end to memes and gifs and harm freedom of speech. In other words: change the Internet as we know it. Such scaremongering deliberately ignores the special protections provided in the text and misleads public opinion.

It interferes with the democratic and balanced debate that all European citizens are entitled to. We believe it is totally unfair and unacceptable that your service, which dominates the online market, is exclusively used as a media service to promote your own commercial interests in a debate over European legislation.

You advocate freedom of expression but what we have seen is a media service dedicated to the promotion of its own views, based on false information and scare tactics.

We believe in pluralism and open, democratic debate. We believe our views also need to be voiced to your audience. That is what freedom of speech is all about.

This is why we are asking you to let us, over the week of March 18-24:

  • send a message to the same YouTubers so we can share with them our vision of article 13 – the one we promote on our website, www.article13.org.
  • publish banner ads on YouTube as you did for the “saveyourinternet” campaign

Acting as a media service requires responsibility and accountability to ensure democratic debate.

Best regards,

EUROPE FOR CREATORS

About Europe For Creators:
A gathering of professional organisations of writers, musicians, producers, comedians, films makers coming from all over Europe…. We represent some 12 million jobs across the European cultural and creative sectors. We are people, not bots. And we are protesting against the false divide that has been put between citizens and us.

About IMPALA:
IMPALA – IMPALA is the European association of independent music companies. Its mission is to grow the independent music sector, return more value to artists, promote cultural diversity and entrepreneurship, improve political access and modernise perceptions of the music sector.

Facebook and the Enemy Within: T-Bone Burnett’s Keynote at SXSW 2019

As usual, Henry gives an extremely relevant and literate dissertation on the loss of humanity imposed on us by Big Brother’s youngest sibling, Mark Zuckerberg–the boy who wouldn’t grow up, but who instead created an app for Room 101.

Please listen to T Bone when you have a quiet hour to yourself.

@crispinhunt: Critics of Article 13 are Weaving a Narrative with No Relationship to Fact

[An excellent post by songwriter and BASCA chair Crispin Hunt on the remarkable disinformation campaign being waged by legacy tech companies against safe harbor reform in Europe.]

A recent article by Rhett Jones, which appeared in Gizmodo, perfectly encapsulated the feverish disinformation campaign around Article 13 being undertaken by US tech companies and their minions. So I thought it would be worth taking a few minutes to help Parliamentarians to closely examine it.

Let’s start with the title: The End of All That’s Good and Pure About the Internet.

One might be forgiven for thinking that was written ten years ago when the promise of the internet was still bright – and not blighted by things like revenge porn, doxing, phishing, sex trafficking of minors, rampant theft, fake news, interference in elections, massive privacy violations, etc.

But no, Rhett Jones, and the entire campaign against Article 13, is very much premised on this idea that the internet as we know it is “good and pure,” and that any change to its governance would end this wondrous medium.

Read the post on Music Business Worldwide