@hypebot: Industry Calls For Gov’t Investigation Of PledgeMusic As Crowdfunder Enters Administration

[Editor Charlie sez:  Since no US-based artist rights organization has stepped up, the subheadline could easily be “Where is the US response?”]

UPDATED: UK Music CEO Michael Dugher is leading a music industry campaign demanding that Small Business and Consumer Minister Kelly Tolhurst refer PledgeMusic to watchdogs at the UK’s Competition and Markets Authority.

“UK based PledgeMusic is entering Administration, the UK equivalent of bankruptcy. The company suspended all crowdfunding campaigns on February 4th, leaving hundreds of musicians globally owed between between $1 and $3 million….

The UK Musicians Union is asking musicians who are owed money through the platform to contact them.

Read the letter here

Read the post on Hypebot


[Editor Charlie sez: Nicholas Thompson recounts Wired’s largely successful experience with “paywalls”–also known as subscriptions or getting paid for your work.]

A LITTLE OVER a year ago, we introduced a paywall at WIRED. The idea, as I wrote back then, was largely about us. To start, we wanted to give ourselves stronger structural incentives to do great reporting. When your business depends on subscriptions, your economic success depends on publishing stuff your readers love—not just stuff they click….But the idea was also broader. At WIRED we genuinely believe that journalism as a whole needs to diversify its revenue streams. The advertising business has supported this business for decades—but digital advertising is unruly, unpredictable, and slowly being swallowed by the social media platforms.

Read the post on Wired




May 1, 2019, Washington, DC. The Songwriters Guild of America, Inc. (SGA), America’s largest and longest established songwriter and composer organization run solely by creators themselves, today applauded Reps. Hakeem Jeffries (D-NY), Doug Collins (R-GA), Jerry Nadler (D-NY), Hank Johnson (D-GA), Martha Roby (R-AL), Judy Chu (D-CA), Ben Cline (R-VA), Ted Lieu (D-CA) and Brian Fitzpatrick (R-PA) for their introduction of the “Copyright Alternative in Small Claims Enforcement (CASE) Act of 2019”.

“SGA has been actively advocating for this important legislation for well over a decade,” states hit songwriter and SGA president Rick Carnes, “and we are gratified and thankful that the CASE Act co-sponsors have taken the lead in pushing to make the crucial protections this bill would provide for music creators a reality.”

It has long been SGA’s position, dating back to active advocacy which began prior to 2008, that a small claims system is an indispensable step toward helping music creators and other authors to regain the ability to enforce their rights against infringers in a cost-effective way. The organization believes that the new bill strikes the proper balance between consumers and creators, establishing an alternative, opt-in arbitration system to resolve copyright infringement cases, without necessitating the time and expense to creators of filing a formal lawsuit.

“How many times,” Carnes continued, “have you heard someone say, ‘let’s not a make a Federal case out of this’? Everyone knows that the enormous cost and energy it takes to prosecute a case in Federal Court is beyond the means of most citizens, and rarely makes financial sense, except as to those rare claims for damages in the millions of dollars. But ‘making a Federal case of it’ is exactly what an individual songwriter must currently do under the law if his or her song is used without permission and infringed.”

Carnes recalled with great dismay the day he first saw his songs being streamed on YouTube, Spotify and other digital distribution networks without consent, and realized the futility of sending take-down notices to protect his rights. According to him, when he sent the notices, another unlicensed copy appeared within minutes of the first one being taken down. And then another. And another.

Faced with playing an unwinnable game of ‘Whack-a-mole’ with infringers, Carnes stated, “I realized that my only other recourse was to file an infringement case in Federal Court which would, ages later, likely end up costing massively more than I could ever collect in damages. The average cost to bring a single, full-blown copyright infringement claim today is estimated to approach $350,000 in legal fees.

At the same time, statutory damages for such infringements are currently capped under the U.S. Copyright Act at less than half that amount per title! The Copyright law is useless to songwriters when the cost of enforcement of our rights far exceeds the compensatory damages able to be recovered against infringers. Every American should have the right to protect his or her property, whether a lawnmower, a bicycle, a photograph, or a song.”

SGA believes it is long past time for Congress to give music creators a viable way to seek fair remedies when the rights of songwriters, composers and authors are violated, and thanked Representatives Jeffries and the other co-sponsors for standing up for the smallest of small US business people: American Songwriters. SGA also expressed thanks and support for the US Copyright Office, which will oversee the implementation of the Act upon its enactment.

“The modernization process that is taking place at the Copyright Office is what makes possible the fair benefits this bill will provide to the American creative community,” concluded Carnes. “We need to get behind the message that a strong US Copyright Office, with proper resources to manage all of its programs, is something that benefits both every American, and the advancement of American culture itself. We hope it will never be necessary for the Copyright Office to limit the scope and size of the small claims system due to underfunding or otherwise, and we intend to work on that issue with the Register and on Capitol Hill as a regular part of SGA’s legislative activities and initiatives in Washington, DC.”

The Songwriters Guild is @SGAWrites and Rick Carnes is @RickCarnes

@devlinhartline: Twenty Years Later, DMCA More Broken Than Ever

With Section 512 of the DMCA, Congress sought to “preserve[] strong incentives for service providers and copyright owners to cooperate to detect and deal with copyright infringements that take place in the digital networked environment.”

Given the symbiotic relationship between copyright owners and service providers, Congress meant to establish an online ecosystem where both would take on the benefits and burdens of policing copyright infringement. This shared-responsibility approach was codified in the Section 512 safe harbors.

But rather than service providers and copyright owners working together to prevent online piracy, Section 512 has turned into a notice-and-takedown regime where copyright owners do most of the work. This is not what Congress intended, and the main culprit is how the courts have misinterpreted Section 512’s red flag knowledge standards.

Read the post on CPIP

Must read by @mr_trick: Music Streaming Services Are Gaslighting Us

…[W]e have a chronic abundance problem — one that dovetails into a much broader societal issue. Silicon Valley recognised that in a digital realm, you can have everything of everything. This is why we are all glued to our phones, because with infinite content — however facile — to hoover up, we gorge away; a fairly literal representation of Huxley’s “amusing ourselves to death”. This end result is not a positive step; we are burning ourselves out and mental health issues are constantly on the rise. Quite simply, we as humans were not made for an “always on” lifestyle.

With music, the same thing has happened. By giving us everything of everything, we overload and take nothing of anything, overwhelmed in the face of it all.

Read the post on Medium.

@edchristman: Competing Groups Vying to Form Mechanical Licensing Collective Slam Each Other’s Proposals

[Editor Charlie sez:  Food fight in the cafeteria…]

While the two applicants vying to be named the group that will build the Mechanical Licensing Collective created by the Music Modernization Act (MMA) have thus far engaged in mudslinging at their competitors, in the comments to the Copyright Office filed Monday and posted Tuesday evening, each group let loose with both barrels in appraising the other’s proposal.

Read the post on Billboard