Repost: The MTP Podcast: The Consequences of DOJ’s New Rule on 100% Licensing with David Lowery, Steve Winogradsky and Chris Castle

The Department of Justice–once again doing its best to crush small business–has appealed the BMI ruling (copy of DOJ appeal here).  Yes…she’s baaack….Remember DOJ Antitrust lawyer and ex-Googler Renata Hesse?  (aka “Defendant“)

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Hesse

Hesse’s reward for sticking the shiv into songwriters was a partnership with big bucks at the DC Office of Sullivan & Cromwell, aka the gold plated revolving door waiting room where she proudly lists her expertise in “Intellectual Property”.  She left out “Destroying Lives of People Who Can’t Fight Back”.

House-Bolton-heraldry

And then of course there’s shiv meister David C. Kully, his bad self, now a partner at Holland & Knight who did Hesse’s dirty work and really did the day to day on fufilling Hesse’s inexplicable obsession with screwing songwriters to the wall.  Kully encouraged songwriters to leave ASCAP if they didn’t like the DOJ’s ruling on 100% licensing.

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Why is this man smiling?

Originally posted on MUSIC • TECHNOLOGY • POLICY: David Lowery, Steve Winogradsky and Chris Castle discuss the implications of the new rule by the U.S. Department of Justice re-interpreting the ASCAP and BMI consent decrees to require 100% licensing and prohibiting partial withdrawal. David Lowery is the founder of Cracker and Camper van Beethoven, leading artist rights…

via The MTP Podcast: The Consequences of DOJ’s New Rule on 100% Licensing with David Lowery, Steve Winogradsky and Chris Castle — MUSIC • TECHNOLOGY • POLICY

 

Internal Warner Music Memo Shows Google’s Notice and Shakedown Business as Usual

Music Business Worldwide posted this internal memo from Warner Music chief Steve Cooper about Google’s DMCA abuse and the effect of YouTube’s notice and shakedown negotiation tactics:

Hi everyone,

I wanted to let you all know that, following months of tough negotiations, we’ve extended our deals with YouTube, separately for music publishing and recorded music.

On the publishing side, Warner/Chappell tirelessly championed songwriters’ rights, and equally, our recorded music team was relentless on behalf of our artists and our music. We secured the best possible deals under very difficult circumstances. Our new deals are also shorter than usual, giving us more options in the future.

Nevertheless, our fight to further improve compensation and control for our songwriters and artists continues to be hindered by the leverage that ‘safe harbor’ laws provide YouTube and other user-uploaded services. There’s no getting around the fact that, even if YouTube doesn’t have licenses, our music will still be available but not monetized at all. Under those circumstances, there can be no free-market ‘willing buyer, willing seller’ negotiation.

YouTube has a bigger audience than any other streaming service, which presents huge opportunities for the creative community, and we’re always hopeful about the future. But our experiences during these negotiations were proof positive of the acute need to clarify ‘safe harbor’ provisions under US and EU copyright legislation. That’s the only way to conclusively close the gap between the revenue YouTube generates and what songwriters, artists, publishers and labels make in return.

Our sustained investment in new music and the pace with which we embrace emerging technologies, is resulting in some promising growth. However, ‘safe harbor’ laws that don’t protect artists, songwriters and rights-holders remain the weak link in the music ecosystem. We’re now calling for change more loudly than ever.

In the meantime, we’re all focused on doing truly original, imaginative and exciting work across all platforms, in order to bring our artists and songwriters the biggest opportunities, both creative and commercial. It’s already been an incredible year, and there’s an outstanding array of new music still to come.

Steve

Please note, this email has gone to a limited distribution list, so please do not forward, but I wanted to keep you informed in case you get any questions.

@musictechsolve: Five Things Congress Can Do to Stop Tens of Millions of “Address Unknown” NOIs

 

March Spotify NOI Filings

Amazon, Google, Pandora, Spotify and other tech companies are taking advantage of their influence in the Library of Congress to leverage a loophole in the Copyright Act to their great benefit and to songwriters great harm. Congress can stop them overnight if the Congress will act.

via Five Things Congress Can Do to Stop Tens of Millions of “Address Unknown” NOIs — Music Tech Solutions

@ryanlcooper: Google is a monopoly — and it’s crushing the internet

Five to 10 years ago, independent bloggers used to be able to getby on internet advertising, like the broadsheets of yore. But that changed quite quickly, and for two big reasons: Facebook and Google. They now gobble up the vast majority of internet advertising dollars — about 85 percent, as my colleague Jeff Spross writes — and a great many media outlets have been forced to move to direct subscriptions or other business models.

Google and Facebook manage this because they are platform monopolists. They can exert tremendous influence through their control of how people use the internet — and crush productive businesses in the process. Like any monopoly, it is long since time that the government regulated them to serve the public interest….

The upshot here is that both Google’s overwhelming search dominance and their profitable exploitation thereof are almost wholly unmerited in terms of their actual product. Google is a fine tool, but what defines the company is luck. Its profits come from a largely unearned strategic position within a socially-created communication medium. Devouring a small business that provided Google and the internet writ large with quality research simply to keep people fenced onto their own portion of the internet is just one particularly egregious example how this position can be abused.

Read the post on The Week

@musictechpolicy: Why Can’t Pandora Find Over One Million Songwriters for its Spotify Competitor?

Pandora Media, Inc. has launched its long-awaited Pandora Premium on-demand competitor to Spotify according to reports from journalists who previewed the platform.

Pandora built Pandora Premium on top of its 2015 acquisition of RDIO’s assets in a controversial bankruptcy and is reportedly leveraging its Music Genome technology that allows Pandora to build on-demand playlists based on an artist’s name or work. Premium evidently transposes Pandora “stations” to Premium “playlists” with what sounds like largely the same functionality, including transferring “thumbs up” ratings in the historical interactive/noninteractive webcasting service. The Premium service evidently uses prior choices to recommend future music in the known-unknown dichotomy. And of course it sounds like you can download all the tracks.

What is different about Pandora’s on-demand service is that it implicates a license for songs that Pandora did not have to obtain for its webcasting service—the mechanical license for on-demand services and downloads. Pandora is evidently negotiating direct deals with major publishers and also is trying to encourage other songwriters to sign up to a “standard” mechanical license.

According to Rightscorp CEO Christopher Sabec, Pandora has filed approximately 1,193, 346 “address unknown” NOIs with the Copyright Office between April 2016 and January 28, 2017. I have been informed by other sources that representatives of Pandora have stated that the company intends to pay statutory royalties retroactively for any songwriter who comes forward and complies with the formality of registration, but I have yet to see a public statement by Pandora of this intention.

@jonesjourno: SONGWRITERS FIGHT APPLE, SPOTIFY, GOOGLE, AMAZON AND PANDORA OVER STREAMING RATES

Over 2,000 songwriters have signed a petition demanding better mechanical royalties for interactive streaming from Google, Apple, Amazon, Spotify and Pandora.

The campaign has launched ahead of a court hearing in Washington today (March 8) where the Copyright Royalty Board (CRB) will determine rates for the next five years.

The tech giants are expected to argue to reduce the amount they pay, while the National Music Publisher’s Association and the Nashville Songwriters Association International will lobby for an increase.

Read the post on MusicBusinessWorldwide

@danacimilluca: Sullivan & Cromwell Hires Former Justice Department Antitrust Head Renata Hesse [aka Songwriter Enemy #1] as Partner in D.C.

Remember the ex-Googler Renata Hesse who managed to get both herself and the Department of Justice sued by SONA over Hesse’s grotesque mishandling of 100% licensing?  Like a good little bureaucrat, she leaves the songwriters to clean up her mess while she skips out to the big money.  Don’t let the revolving door hit you.

And good job avoiding a confirmation hearing…that won’t happen again.

Sullivan & Cromwell LLP is hiring Renata Hesse, formerly head of the antitrust division at the Justice Department, as the law firm prepares for a continued wave of complex, cross-border mergers and other deals.

Ms. Hesse, 52 years old, will join Sullivan & Cromwell as a partner in Washington, D.C., the firm plans to announce Monday. The move is noteworthy not just because of Ms. Hesse’s stature in legal circles, but also because it is rare for Sullivan & Cromwell and other elite law firms to bring in partners from the outside. Until January, Ms. Hesse was acting assistant attorney general in charge of the antitrust division at the Justice Department, a position she has held twice.

Read the post on the Wall Street Journal