Koda.dk Press Release: Google removes all Danish music from YouTube

While the negotiations on a new joint Nordic agreement are in full swing, Google have chosen to leverage their total dominance in the market in the strongest way possible. On the evening of Thursday 30 July, Google announced that they will soon remove all Danish music content on YouTube.

Under the auspices of the Nordic alliance of collecting societies, Polaris, negotiations on a joint Nordic agreement on the use of music on YouTube are currently in full swing. The agreement will replace the local agreements of the Norwegian, Finnish and Danish composers and songwriters’ societies, combining them in a single, joint agreement with Google. In the case of Koda, the national agreement for Denmark expired in April, after which it was temporarily extended – as is standard practice in the industry while negotiating a new agreement.

Now, however, Google have issued a new demand: if the agreement is to be temporarily extended, Koda must agree to reduce the payment provided to composers and songwriters for YouTube’s use of music by almost 70% – despite the fact that YouTube’s use of music has increased significantly since Koda entered into its last agreement with Google.

Of course, Koda cannot accept these terms, and Google have now unilaterally decided that Koda’s members cannot have their content shown on YouTube and that their fans and users on YouTube will be unable to listen to Koda members’ music until a new agreement is in place.

Although the parties involved in the negotiations on the new joint agreement are by no means in concord yet, progress has been made in recent weeks, and Koda is puzzled by the extremely aggressive approach taken by Google in the negotiations this time.

Koda’s media director, Kaare Struve, says:

‘Google have always taken an “our way or the highway” approach, but even for Google, this is a low point. Of course, Google know that they can create enormous frustration among our members by denying them access to YouTube – and among the many Danes who use YouTube every day. We can only suppose that by doing so, YouTube hope to be able to push through an agreement, one where they alone dictate all terms’.

Ever since the first agreement was signed in 2013, the level of payments received from YouTube has been significantly lower than the level of payment agreed to by subscription-based services.

Koda’s CEO, Gorm Arildsen, says:

‘It is no secret that our members have been very dissatisfied with the level of payment received for the use of their music on YouTube for many years now. And it’s no secret that we at Koda have actively advocated putting an end to the tech giants’ free-ride approach and underpayment for artistic content in connection with the EU’s new Copyright Directive. The fact that Google now demands that the payments due from them should be reduced by almost 70% in connection with a temporary contract extension seems quite bizarre’.

Media contact
Head of Communications Eva Hein / eh@koda.dk / (+45) 61893233

@halsinger: As the Revolving Door Swings: Big Tech could be forestalling platform regulation in a stealthy way

Through a LinkedIn email, I learned that a recent staffer on the Senate Judiciary Antitrust Subcommittee was recruited by Amazon’s public-policy arm this month. I took to Twitter to express my dismay, and quickly learned that another staffer on the Senate Judiciary Committee was recruited by Facebook’s competition policy arm in May 2020.

These two staffers are now working for the tech platforms, and presumably against my ideas, after having heard my ideas in a private setting.

It is important to note right here that I have no beef with these fine folks.

But  I do.

Read the post on The American Prospect.

@SchneiderMaria Comes for YouTube With Class Action

We are thrilled to report that composer and big band leader Maria Schneider has sued YouTube in the prelude to a class action.  It’s worth pointing out that this is the first time since the Viacom case that the creative community has taken on the Leviathan of Mountain View.  It’s also worth pointing out that Google won’t be able to buy their way out of this one the way they have the others, they can’t give a job to somebody’s child, it’s just not going to go the usual way that Google thrives on corruption.  The complaint is really well-written (as we would expect) and tells the all-too-familiar compelling story of the struggle of artists to deal with YouTube’s “whack-a-mole” business model (or what Chris sometimes calls the “ennui of learned helplessness”:

This case is about copyright piracy. YouTube, the largest video-sharing website in the world, is replete with videos infringing on the rights of copyright holders. YouTube has facilitated and induced this hotbed of copyright infringement through its development and implementation of a copyright enforcement system that protects only the most powerful copyright owners such as major studios and record labels.

Plaintiffs and the Class are the ordinary creators of copyrighted works. They are denied any meaningful opportunity to prevent YouTube’s public display of works that infringe their copyrights—no matter how many times their works have previously been pirated on the platform. They are thus left behind by YouTube’s copyright enforcement system and instead are provided no meaningful ability to police the extensive infringement of their copyrighted work. These limitations are deliberate and designed to maximize YouTube’s (and its parents Google’s and Alphabet’s) focused but reckless drive for user volume and advertising revenue.

Moreover, the Plaintiffs and the Class are not only prevented from using any meaningful enforcement tool, but the system in place actually exacerbates the harms caused to them including in a manner that bars Defendants from the protections of any safe harbors under applicable copyright laws such as the Digital Millennium Copyright Act (“DMCA”).

Read the complaint here.

@YashaLevine: Shahid Buttar, the cheesy Silicon Valley astroturfer challenging Nancy Pelosi from “the left”

As someone who grew up in San Francisco and wrote the book on the shady history of Silicon Valley — I simply can’t let this go. I mean, check it out: Turns out that the guy running to unseat Nancy Pelosi from “the left” is a corporate Silicon Valley astroturfer from the Electronic Frontier Foundation.

His name is Shahid Buttar.

Why is this significant? EFF is America’s oldest and most influential internet business lobby — an organization that has played a pivotal role in shaping the internet as it exists today. That privatized telecommunication system that’s owned by giant monopolies, powered by for-profit surveillance and influence ops, dominated by spies, and lacking any democratic oversight? Yep, that one. EFF is directly responsible for bringing it into being — and for making sure it stays privatized, shitty, and oligarchic.

As I wrote in my massive investigation into EFF’s shady history and it’s pro-Silicon Valley astroturf tricks for The Baffler a few years back, this organization has done an amazing job convincing us that it’s one of the good guys on the Internet — that it’s grassroots and on the side of the people. In reality, EFF has always been on the side of corporations, fighting against democratic control of Silicon Valley — from making sure ISPs could grow into giant monopolies to blowing up the first (and only) attempt to regulate Google’s surveillance business model back in 2004.

Read the post on Yasha Levine’s blog

We’re All in it Together: @USSupreme_Court Friend of Court Brief in Google v. Oracle by @helienne, @davidclowery, @theblakemorgan and @SGAWrites

[Editor Charlie sez:  The Oracle v. Google case is going to be the most important copyright case in a very, very long time.  Oracle won the case on appeal twice and Google got the Supreme Court to review.  The case is about two issues being copyright in software and whether Google’s taking of Oracle’s code is fair use and permissionless innovation.    Because of the fair use argument, this is not just some battle of tech companies because no one knows better than us that Google will take any win on fair use and push it even farther.

So all artists, songwriters, photographers, film makers, authors–all of us–are in the same boat with Oracle on this point.  Sure Oracle is a big company, but Google is an even bigger company with a trillion dollar market cap and Google is trying to roll over Oracle the same way they roll over us.

In a must read “friend of the court” brief, Helienne Lindvall, David Lowery, Blake Morgan and the Songwriters Guild of America make this case as independent artists, songwriters and labels all harmed by Google’s policies that are out of touch with the market starting with YouTube.

SCOTUS Brief Cover Page

As Beggars Group Chairman Martin Mills put it, “[P]olicing the YouTubes of this world for infringing content is a herculean task, one beyond all but the largest of companies. For my community, the independents, it’s a game of whack-a-mole they can only lose.”

Helienne, David, Blake and the SGA put that case squarely before the U.S. Supreme Court in this must-read friend of the court brief.]

Independent creators rely on copyright protection to safeguard their works. This is true not just of songwriters and composers, but of countless creators, including recording artists, photographers, filmmakers, visual artists, and software developers. Copyright is, in fact, of existential importance to such creators, who would be utterly lacking in market power and the ability to earn their livings without it.

Google’s business model is a prime example of the need for strong copyright protection. Since Google’s founding, Amici have experienced, observed and believe that Google has used its unprecedented online footprint to dictate the terms of the market for creative works. By tying together a set of limited exceptions and exclusions within the U.S. Copyright Act and analogous laws in other countries, and then advocating for the radical expansion of those exceptions, Google has amplified its own market power to the great detriment of copyright owners. Thus, where fair use is meant to be a limited defense to infringement founded on the cultural and economic good for both creators and the public, Google has throttled it into a business model.

Read the brief on the Supreme Court of the United States.