@repjerrynadler: Reps. Nadler, @DarrellIssa Pre-1972 Copyright Fix with Introduction of CLASSICS Act

[Editor Charlie sez:  Here’s a link to the bill on Rep. Issa’s page.]

[PRESS RELEASE]

WASHINGTON, D.C. — Today, Ranking Member Jerrold Nadler (D-NY) and Chairman Darrell Issa (R-CA) of the House Judiciary Subcommittee for Courts, Intellectual Property and the Internet introduced bipartisan legislation to close a long-standing gap in federal copyright law. The Compensating Legacy Artists for their Songs, Service, and Important Contributions to Society Act (the CLASSICS Act), H.R. 3301, resolves uncertainty over the copyright protections afforded to sound recordings made before 1972 by bringing these recordings into the federal copyright system and ensuring that digital transmissions of both pre- and post-1972 recordings are treated uniformly.

The CLASSICS Act serves as an update to the “pre-72 treatment” of the Fair Play Fair Pay Act – a broader music licensing bill introduced by Chairman Issa and Ranking Member Nadler earlier this Congress – and represents a broad consensus from a variety of stakeholders across the music landscape.

Congressman Jerrold Nadler: “For years, we have been working to ensure royalty payments for artists who recorded many of our great musical classics before 1972. The Fair Play Fair Pay Act set down a clear marker on the need to resolve the dispute over pre-72 music, as we worked toward a long-term solution that benefits multiple stakeholders. The bill we are introducing today updates this Pre-72 provision, once and for all guaranteeing royalty payments for our great legacy artists while providing certainty for digital music services. Hopefully, this new measure will serve as an example of the consensus that can be reached between the creators and distributors of music as we work to comprehensively update our music licensing laws. Many of these older musicians are past their working years and have no other way to make ends meet. I’m thankful to the supporters of this bill for recognizing that pre-72 recordings have value and that those who create it should be paid regardless of their age.”

Congressman Darrell Issa: “This an important and overdue fix to the law that will help settle years of litigation and restore some equity to this inexplicable gap in our copyright system. It makes no sense that some of the most iconic artists of our time are left without the same federal copyright protections afforded to their modern counterparts. This bill is the product of a great deal of work to build consensus across party lines and varying interests all-over the music and entertainment landscapes on how to best resolve this long-standing problem. I’m very proud of the work we’ve done here. It will go a long way helping bring music licensing laws into the twenty-first century.”

The bill is introduced with the support of stakeholders across the music and entertainment industry including American Association of Independent Music, the Recording Industry Association of America, Pandora, musicFIRST, the Internet Association, the GRAMMYs, SoundExchange, Screen Actors Guild‐American Federation of Television and Radio Artists, American Federation of Musicians, the Content Creators Coalition, the Future of Music Coalition, the Rhythm and Blues Foundation, and the Living Legends Foundation. The bill is also supported by several noted artists, many of whom spoke out in support of the CLASSICS Act.

In addition to Chairman Issa and Ranking Member Nadler, Representatives John Conyers (D-MI), Marsha Blackburn (R-TN), Tom Rooney (R-FL), and Ted Deutch (D-FL) joined as original co-sponsors to the legislation.

BACKGROUND INFORMATION AND ADDITIONAL RESOURCES:

Congress made sound recordings eligible for federal copyright protection with the Sound Recording Amendment of 1971, but the law as passed only applied to works created on or after February 15, 1972. Sound recordings made before 1972 were excluded from federal copyright protection

This gap has meant that different recordings made before 1972 have been subject to an inconsistent patchwork of different laws, creating significant uncertainty for rights holders music creators, and distributors, including digital streaming services, who wish to be able to fairly compensate artists and utilize these recordings.

The differing treatment of pre and post 1972 was an inexplicable and arbitrary oversight on the part of Congress. The U.S. Copyright Office has expressed their bewilderment with the decision, writing in their recent report on federal copyright protections for pre-1972 sound recordings that “Congress did not articulate grounds for leaving pre-1972 sound recordings outside the federal scheme and there is very little information as to why it did so.”

This gap has meant that updates to copyright law and new protections extended to sound recordings under the Copyright Act of 1976 and the Digital Millennium Copyright Act have excluded pre-1972 recordings. The most significant of these being the ‘safe harbor’ provisions for online piracy and ‘compulsory licenses’ made available for internet and satellite radio streaming.

Quotes of praise for the CLASSICS Act:

“This is a great step forward for legacy artists. Thank you to Representatives Issa and Nadler for recognizing that music made before 1972 is just as important and valued as post-1972 music.” — Mary Wilson, The Supremes

“I am overjoyed and extraordinarily grateful for Congressmen Issa and Nadler’s bipartisan relentless efforts to correct an inequality in the law that discriminates against myself and my peers– the legacy artists who recorded our hit records prior to 1972. It is has been unfair and outrageous that the artists, such as myself, who recorded some of our country’s most iconic music, have been forced to resort to lawsuits in order to get paid for the commercial use of their recordings. It is phenomenal that finally there is light shining at the end of this very long tunnel we’ve been looking at for so long. Knowing there is a consensus agreement to resolve any portion of this outrageous problem makes me proud and furthers my hope that I will still be alive to see the other issues Reps. Nadler and Issa have championed in the Fair Play Fair Pay Act come to similar positive bipartisan resolution and conclusion.” — Sam Moore

“I have found so much inspiration in the songs of the past, the songs I grew up with. The least – the very least – I could do is show them respect and honor them by urging Congress to fix the law so that they can get paid by digital radio. That’s why this bill is so important.” — Melissa Etheridge

“Every artist making music today stands on the musical shoulders of those who came before them. I would not be doing what I do if it weren’t for the heritage acts I grew up listening to, idolizing and trying to emulate. The fact that these amazing artists are not getting compensated for their indelible work and profound influence is simply unfathomable to me, and must be fixed. I am grateful to the sponsors of this bill for finally trying to even the scales, as there is no future in music without honoring the past.” — Dave Koz

“It’s a travesty that artists who shaped our creative minds and inspired us to want to play music in the first place are not being  acknowledged and compensated for the music they gave us.  I’m hopeful this important legislation will address this issue for all time.” — Carlene Carter, Singer-Songwriter, Daughter of country music legends June Carter Cash and Carl Smith, stepdaughter of Johnny Cash, and granddaughter of “Mother” Maybelle Carter of the original historic Carter Family

“The fact U.S., copyright protection does not apply sound recordings made prior to February 15, 1972 makes absolutely no sense.   Early rockers like me and my peers are on heavy rotation these days on popular oldies channels and on digital radio services.  And unlike many other platforms, we’re not compensated for it. How is that fair? It’s our music that attracting listeners and thus we should be paid.   I’m grateful for the leadership of Reps. Issa and Nadler and their efforts to fix this enormous injustice with this important bill.” — Steve Cropper, legendary guitarist, songwriter and producer

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@musictechpolicy: Hey Alexa, Where’s My Money? Address Unknown Update Courtesy of Paperchain

We get an update this week on the total “address unknown” mass NOIs filed with the Copyright Office for the royalty-free windfall loophole.  This time we have to thank our our friends at Paperchain in Sydney for doing the work of decompressing the massive numbers of unsearchable compressed files posted on the Copyright Office website.  As you can see, there’s been an increase of approximately 70% since January 2017.   (For background, see my article.)

As you can see, Amazon is still far and away the leader in this latest loophole designed to stiff songwriters, followed closely by Google.  However, Spotify is moving on up.  Spotify does get extra points for starting late in March 2017, but they are catching up fast filing over 5,000,000 as of last month.

Read the post on MusicTechPolicy

@andreworlowski: Academics ‘funded by Google’ tend not to mention it in their work

A network of academics on Google’s payroll just so happens to churn out “independent research” friendly to their sugar daddy’s corporate goals. But two-thirds of the time you wouldn’t know it, according to the Campaign for Accountability….

Instead of providing a dispassionate critique of Silicon Valley, academics viewed it as a chance to expand their domains. The early noughties saw a proliferation of “cyberlaw” departments and “internet institutes” only too keen to take corporate funding from technology companies. This was a shrewd investment – it has helped now-dominant internet platforms set the agenda.

Academics prominent in today’s corporate-backed net neutrality protest include Stanford Law School’s Barbara van Schewick and lawyer Marvin Ammori, who runs “Fight For The Future”. Both, the GTP said, are indirectly funded by Google….

Although all large corporations lobby and fund academic research, Silicon Valley is unique in funding not only thinktanks but also ersatz “civil society” groups (such as Fight For The Future), which then manufacture a synthetic “grassroots” legitimacy for a policy issue. The phenomenon of “slacktivism” or “clicktivism” makes use of low-cost, low-risk tools to generate apparent support for lightweight causes (“save the internet”).

This means that the corporate puppet master can work academics to create and promote an issue, and then deploy fake “citizen” groups to generate the impression of popular support for its position. Although sometimes it’s hard to tell the slacktivists from the academics.

Read the post on The Register

Must Read Post by @adamkraymond: The Streaming Problem: How Spammers, Superstars, and Tech Giants Gamed the Music Industry

[Editor Charlie sez: When you read Adam Raymond’s post about Spotify, you’ll probably wonder how these scummy tracks get onto Spotify in the first place.  Who thinks of this stuff?

Remember this from Tunecore’s “Music Industry Survival Guide” circa 2009?

TIPS TO SELL MORE MUSIC ONLINE
You’re an artist, composer, performer, you make music: you used TuneCore to distribute your music into iTunes and other stores. Here are some easy ways to get discovered and sell more music.

Cover Popular Songs
Cover versions of songs sell well. Known songs have a built-in audience already. People looking for “Let It Be” or “America the Beautiful” know what they want. If you “cover” (record your own original version) of these songs you create a way to get discovered and make money. And once someone buys a song of yours they are more inclined to listen to and buy other songs you have recorded.

Also, naming your song the same name as a more popular song allows it to surface when people search.  With one click to listen to a 30 second stream within the digital stores, you can increase getting heard.  However, you do want to be careful as to not make a potential fan angry at you for tricking them into listening.

Record Holiday-Themed Music
Music tied into or about a holiday sells well. For example, “spooky” Halloween sound effects or “scary” themed music (i.e. “Tubular Bells”, the theme song to the movie the The Exorcist) sells enormously around Halloween. Christmas music sells really well around the Christmas season. This ties back to covers: a cover of “White Christmas” or “Jingle Bell Rock” can fund you through the rest of the year. Don’t forget other, perhaps neglected holidays throughout the calendar-there is no doubt the world needs a great Groundhog Day or Columbus Day anthem. Be sure to name your songs with easily searchable words.

Searchability
Stores like eMusic, iTunes and Amazon Music have millions upon millions of songs in their stores. Most customers use the “search” function in the store to find music, so take advantage of it: put words in your album, artist/band and song titles that will help you show up when people search. Are you a mariachi band? Put the word “mariachi” in your name. Is your album a collection of nature sounds? Consider words like “forest” and “natural,” and so on. This is a gray area: if your music sounds like Bob Dylan, don’t necessarily use his name, but you could use words with association, like “folk.” It’s your music, but ask yourself, what words can I use in my band name, album name and/or song name that will cause my music to appear when people search?

Keep this in mind when you read Raymond’s post!]

Excepts from The Streaming Problem: How Spammers, Superstars, and Tech Giants Gamed the Music Industry [and Spotify]

On a website with more than 100 million active daily users, there are plenty of ways to game the system, be it for attention, or, if the streams pile up enough, profit. And the frauds cashing in on the latest hot single are hardly alone. A bevy of unknown artists have found ways to juice their streaming totals, whether it’s covering songs from artists who don’t allow their songs on Spotify, or uploading an album of silent tracks, each precisely long enough to generate a fraction of a cent for the artist.

Gaming Spotify does not rely strictly on deception. Some artists, a term used very loosely here, are providing people exactly what they want. It just so happens that what they want is ephemeral nonsense. Take, for example, the artist Happy Birthday Library, whose Spotify catalogue consists of hundreds of personalized versions of “Happy Birthday” streamed more than a million times.

The success of this gimmick — obvious by the sheer number of “Happy Birthday” artists — provides a handy illustration of how much on-demand streaming has changed the way we use music. Twenty years ago, finding a personalized version of “Happy Birthday” for your towheaded son Grover required a trip to the novelty-music kiosk at your local mega mall. Now, you just have to ask Alexa and seconds later the song’s blasting throughout the playroom. The seamless integration of streaming music into our daily lives has encouraged the creation of disposable songs that, years ago, no one would have imagined listening to through speakers. But now that a jazz version of the Gilligan’s Island theme is easily available, why not?….

A cynic might look at all of this and shrug his shoulders. Craven opportunism has been a part of the music industry since the first concert ticket was sold. But even if the money-grubbing isn’t new, the manner in which it’s grubbed is. And no matter who’s doing it, the effect is the same: Music is devalued.

Never before has a song title or artist name been more important than the actual songs themselves. There are no consequences for deception, either. Every day there’s a new mark searching for “Lucky for You That’s What I Like,” and listening to a song by Franz Horrman before realizing his error. Never before have so many songs existed just so an album can have a 20th, 30th, or 40th track. Now, major artists hoping for quick success on the charts can perfect ten songs, or they can just churn out three dozen. The streaming numbers could be the same either way.

Read the post on Vulture [EVERY WORD!!]

@andrewkwoods: No, The Canadian Supreme Court Did Not Ruin the Internet

Global takedown orders with no limiting principle are indeed scary.  But Canada’s order has a limiting principle.  As long as there is room for Google to say to Canada (or France), “Your order will put us in direct and significant violation of U.S. law,” the order is not a limitless assertion of extraterritorial jurisdiction.  In the instance that a service provider identifies a conflict of laws, the state should listen. Under longstanding conflicts of laws principles, a court would need to weigh the conflicting and legitimate governments’ interests at stake.  The Canadian court was eager to undertake that comity analysis, but it couldn’t do so because the necessary ingredient was missing: there was no conflict of laws.

Google’s response to this sort of regime, as Daphne Keller points out, is that it would require them to identify potential conflicts of laws.  I’ll leave it for another time to address whether such an extraordinarily wealthy company can manage the heavy burden of determining whether it can comply with a given legal order… but I suppose you can guess what I think.

Read the post on Lawfare

 

@davidemery: Fake Hits

One of the internet’s core strengths is its ability to create communities on a scale that were never possible before. People from around the world can loosely group together around a topic remarkably easily. What used to be a niche interest can suddenly be shared with millions of other people.

This has obviously had something of an impact on the music industry….

These “fake hits” are fascinating because they are hits. They have millions upon millions of streams, coming from a huge global audience. And those streams equal a very significant revenue stream. For example, if you get on “Today’s Top Hits”, the biggest playlist on Spotify, you can expect to get at least a couple of hundred thousand streams a day – more if you’re near the top of the playlist – and that adds up to a decent amount of money if you do the math. From one playlist, on one platform.

But they’re still fake. Outside of the bubble, there seems to be very little resonance or connection. You can’t sell out shows based on big streaming numbers alone. These numbers represent attention and revenue, which is great, but the engagement is transitory, at least to the scale that the numbers would suggest. They’re the start of a fan’s journey with an artist rather then the end. The fans listening to tracks on Today’s Top Hits are listening to exactly that – they’re listening to the playlist, not the tracks. There’s nothing inherently wrong with this – in fact, quite the opposite, it’s an amazingly powerful new mode of music discovery. Where things come unstuck is where this new pattern of engagement – curation bubbles and echo chambers – slams into the traditional record industry.

Read the post on de-online

Chantel McGee: Google, Facebook are super monopolies on the scale of Standard Oil, says VC Roger McNamee

And the EC find doesn’t even include a penalty for YouTube’s monopoly…

Google shareholders won’t be phased by the EU’s $2.7 billion fine against the company for competition abuses related to its shopping business, Elevation Partners co-founder Roger McNamee told CNBC on Tuesday.

“As a shareholder of Google you’re looking at this and saying: ‘We won again,'” McNamee said.

The venture capitalist spoke hours after EU regulators fined Google a record 2.4 billion euros ($2.7 billion), ruling that the search-engine giant violated antitrust rules for its online shopping practices.

Google said it will consider appealing the decision to the highest court in Europe.

“Google, Facebook, Amazon are increasingly just super-monopolies, especially Google and Facebook. The share of the markets they operate in is literally on the same scale that Standard Oil had … more than 100 years ago — with the big differences that their reach is now global, not just within a single country,” he said on “Squawk Alley.”

The fine is not large enough to change Google’s behavior, he added. “The only thing that will change it is regulations that actually say you can or can’t do something.”

Read the post on CNBC