The passage of extensive legislation by New York’s City Council on Wednesday, curtailing the previously unchecked powers of Uber and other ride-hailing services, suggests the extent to which the false promises of the sharing economy are becoming better understood and, how much more aggressively they still could be counteracted.
From the beginning, Uber appealed to drivers on the premise that partnering with the company would allow them to do what they really wanted to do, which was not ferrying 24-year-olds to beer halls or actuaries to the airport as a means of full-time employment.
A series of Uber ads that ran in conjunction with the Grammy Awards this year showed some of the artists nominated, in cars, with drivers who were singers and producers themselves. Other ads introduced us to drivers who were nursing students or aspiring businessmen — Uber could fund your creative and professional ambitions, or make it easier to go to Disney World or buy new appliances.
The reality though appears quite different.
SoundExchange’s CEO says it’s time radio starts paying all music creators fairly for their work.
On Monday, a group of radio broadcasters penned a letter in support of the National Association of Broadcasters’ (NAB) push for deregulation of the $14 billion radio industry. Their letter was based on the NAB’s petition to the FCC this past June, in which the NAB sought to allow expanded broadcaster ownership of radio stations (i.e., increased consolidation) throughout the country. The NAB’s justification: broadcasters must adjust their business model to the realities of the new streaming world.
As a representative of the many creative parties who help craft music, we are frequently on the opposite side of issues from the NAB. And while I can’t comment on NAB’s specific requests, I was delighted to find so much common ground in their FCC filing in June….
I agree with the NAB that the law should “finally adopt rules reflecting competitive reality in today’s audio marketplace” and should “level the playing field” for all entities in the music economy.
If radio truly wants to modernize, it can start by taking a giant leap into the 21st century and paying all music creators fairly for their work. Stop treating artists like 17th century indentured servants, just so radio can reap bigger profits. If radio wants to have rules that reflect the music industry of today, then that should apply across the board.
We should resolve this gaping unfairness to artists before we begin talking about allowing radio to consolidate even further.
Some of you may recall the resounding victory scored by BMG Rights against Cox Communications challenging the gaping holes in Cox’s alleged repeat infringer policy as documented by Rightscorp. (Read the hilarious transcript from BMG v. Cox case denying EFF’s amicus brief as quoted in the Supreme Court amicus brief filed by David Lowery, Blake Morgan, East Bay Ray and Guy Forsyth in the current cy pres case brought by Ted Frank.)
In a follow on from the BMG Rights case, a group of record companies are essentially drafting behind BMG on the sound recording side in their own lawsuit against Cox. This, of course, was to be expected since the evidence unearthed by BMG reflected such a cavalier disregard for the company’s repeat infringer policy and what infringes the song also infringes the sound recording.
Why is that repeat infringer policy so important? In an oversimplified (but accurate) interpretation, no repeat infringer policy, no safe harbor. That is enough to send the shredders humming all over the world and explains why the EFF was so interested in trying to influence the outcome of the case. It also explains why Rightsflow’s investigative services are so important to rights holders as they were instrumental in proving the basic case (although Cox did a very good job of measuring the rope and testing their own noose all by themselves).
It also must be said that Cox never participated in the Copyright Alert System (to my knowledge) which could have gone a long way to helping them getting their repeat infringer policy in line with something that existed in the known universe. They had a chance. One final point is that it is an odd thing that BMG is to date the only publisher to enforce their rights against an ISP that I know of, although I’m happy to be educated otherwise.
If you think lions are lying down with lambs, think again.
The plaintiffs allege in their suit that Cox is not effectively policing their subscribers who are violating copyrights, even when those alleged violators are brought to their attention by rights holders.
Per the lawsuit:
“Cox deliberately refused to take reasonable measures to curb its customers from using its Internet services to infringe on others’ copyrights—even once Cox became aware of particular customers engaging in specific, repeated acts of infringement. Plaintiffs’ representatives (as well as others) sent hundreds of thousands of statutory infringement notices to Cox, under penalty of perjury, advising Cox of its subscribers’ blatant and systematic use of Cox’s Internet service to illegally download, copy, and distribute Plaintiffs’ copyrighted music through BitTorrent and other online file-sharing services.”
The lawsuit takes issue with a provision of the DMCA, a law passed in 1998 that creates a safe harbor for online service providers such as Cox against copyright infringement liability, provided that they have an effective plan in place to deal with infringers.
The lawsuit cites a previous suit brought against Cox by a group of labels led by BMG. In that case, BMG Rights Mgmt. LLC v. Cox Communications, Inc. and CoxCom, LLC, BMG made substantially similar accusations against Cox, claiming that the company did little to deter rampant copyright infringement taking place via its service.
In 2015, a jury agreed with BMG Et Al. and awarded them a $25 million dollar judgment in that case. The judgment was later overturned on appeal, but the appeals court largely sided with the label’s challenge to Cox’s implementation of the DCMA rules.
Top songwriters are taking to social media to decry what they believe is an attempt by Blackstone — the owner of SESAC and the Harry Fox Agency — to torpedo the Music Modernization Act by proposing changes they allege will doom the sweeping legislation.
The writers’ tweets and Instagram posts range from asking fellow songwriters to contact SESAC to voice their opposition to suggesting that writers resign from the professional rights organization and that non-SESAC writers not collaborate with their SESAC-signed colleagues.
The campaign comes after both the Nashville Songwriters International Assn. and the Songwriters of North America have criticized Blackstone, which acquired SESAC in 2017 for more than $1 billion, and alleged its suggested changes insert a “poison pill” into the legislation. Private equity firm Blackstone’s SESAC purchase included HFA, which SESAC bought in 2015….
SESAC’s senior VP of creative operations, Sam Kling, says SESAC has heard from a number of songwriters about the issue, adding “Unfortunately, I don’t feel like songwriters have heard a balanced story yet. What we’re seeing is a coordinated campaign against us that’s being led by two messaging centers in Nashville and Los Angeles. The message they are sending out is very specific and one-sided. The changes we’ve suggested won’t hamper songwriters in any way. We’re certainly not trying to damage the MMA. We wholeheartedly are in support of the MMA’s goals.”
[Editor Charlie sez: Here’s a shocker…Trump says he won’t sign “The Amazon Bill”!? Who in the world could have predicted that!]
Amazon is at the forefront of a well-funded, powerful, Silicon Valley-led push to force the federal government to nationalize the music industry, thereby creating a system where the government props up certain companies — such as Amazon — to be beneficiaries of and have control over, while also profiting from, music production….
Sources close to the White House and those in regular contact with President Trump and his closest associates say the president has a serious problem doing anything to help Amazon — especially creating a special government board that would allow the company billionaire Jeff Bezos owns to profit, with government assistance and control, from music royalties.
“The president was irate when he heard about this,” a source close to the president said. “He’s calling it ‘The Amazon Bill.’ There is no chance he will sign that bill that passed the House.”
Who Hacked the EU Copyright Directive Deliberations? The EU parliament just went through a couple of contentious weeks in which they were overwhelmed with tweets, letters, emails and phone calls opposing Article 13 a section of the Copyright Directive that would have forced companies like Google to police their platforms better for copyright infringement. Last […]
On August 3, 2017 the Moab, Utah Times-Independent published an innocuous-looking letter urging support for net neutrality. Moab, in Utah’s 3rd Congressional district, was facing a special election to replace retiring Representative Jason Chaffetz and the writer argued that support for net neutrality and Title II should be an issue:
It’s time for policymakers in Congress to take a firm stand for our access to a fast, free, and open internet. Unfortunately, we in Moab no longer have a congressperson whom we can urge to speak to this issue. We need a congressperson who will come out in support of strong net neutrality protections — specifically the Open Internet Order and Title II.
The letter was completely fake, however. It was generated by a “CyberTurfing” tool marketed by a company that runs fake grass-roots campaigns for any company or cause willing to pay its price. We know this because the company – New/Mode – brags about it on their web site (click on “like this one”). (The mention of Title II is suspicious in its own right since most people have no idea what it entails.)