Google’s Muscle-Based Defacto Compulsory License: What About We Don’t Like You Don’t They Understand?

2 Jan

Originally posted on MUSIC • TECHNOLOGY • POLICY:

The wisest among you learn to read your portents well
You know there’s no need to hurry, it’s all downhill to hell…

Don’t Stand Still, written by The Original Snakeboy, performed by Guy Forsyth on Unrepentant Schizophrenic Americana.

GMR Formed Out of Pandora Lawsuits Against Songwriters Affiliated with ASCAP and BMI

Yes, the portents are in the water–there will eventually be a showdown with Google (and probably Pandora, too) over the songs they routinely infringe in the name of “permissionless innovation.”  Whether it is today or tomorrow, that day is coming, and by the looks of it the first collision will be between Google’s bully boys and songwriters represented by Global Music Rights, the new PRO backed by Irving Azoff.

The why of all of this is pretty simple:  The unelected ASCAP and BMI rate court judges have decided that the government’s consent decree says that the only way…

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#irespectmusic Turtles Win in New York pre-72 Case Against SiriusXM

14 Nov

Originally posted on MUSIC • TECHNOLOGY • POLICY:

More to follow, but the Turtles win another one for all pre-72 artists in federal court in New York applying New York state copyright law.  Brown shoes don’t make it, baby.

Turtles NY Memorandum and Order Denying Defendant’s Motion for Summary Judgement

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Music Listening Survey

12 Nov

Originally posted on MUSIC • TECHNOLOGY • POLICY:

One of our friends created this survey to get some information on how you hear about, listen to and enjoy music.  Given that Taylor Swift has focused the world’s attention on this issue, we thought it would be a good time to post this survey.   Click here to take the survey on Survey Monkey!

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Bit Torrent Logic: How Spotify Brought on Their Own @TaylorSwift13 Problems

10 Nov

Originally posted on MUSIC • TECHNOLOGY • POLICY:

Is he mad? Anyway, there’s something on his mind, as sure as there must be something on a deck when it cracks.

Moby Dick, by Herman Melville

When you look at all the sanctimony that Spotify has ginned up about Taylor Swift’s withdrawal from the service, only the erudite Ben Sisario has put his finger on the real reason:

In the past, Ms. Swift has employed a “windowing” strategy for streaming services, withholding new material for a while to spur CD and download sales; Adele, Coldplay and Beyoncé have done the same. With “1989,” however, Ms. Swift and her label, Big Machine, went further, removing her entire catalog from Spotify and putting the streaming service on the defensive.

The dispute with Spotify — whose pitch to subscribers is largely based on its ability to deliver the music people want to hear — appeared to have arisen from a disagreement…

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Pre-72 Red Herrings from Pandora’s Chris Harrison (and that’s not the IPO kind)

4 Sep

Originally posted on The Trichordist:

Pandora executives are still prancing around cashing out stock options while telling their stockholders that they are intentionally stiffing American artists on recordings released after 1972–well…sort of telling their stockholders.  If their stockholders are also copyright experts.  Because what Pandora doesn’t tell their stockholders is that not only is Pandora not paying royalties, Pandora’s position actually acknowledges that Pandora is still exploiting these pre-72 recordings without any rights.  This is exceptionally bizarre because if Pandora just paid the statutory webcasting royalties under the U.S. Copyright Act, they would at least have a fig leaf that they actually had some kind of license.  

By saying that the recordings are not subject to the compulsory license like all the other recordings Pandora exploits, they essentially have no license for the pre-72 recordings (but do have the compulsory license for the post-72 recordings).  So then they have to prove that when the…

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Help Project 72 Close the Pandora Loophole and #respectallmusic

18 Jul

Originally posted on MUSIC • TECHNOLOGY • POLICY:

Pandora and Sirius have decided to stop paying performance royalties to artists, producers and background performers who recorded before 1972–in other words, the creators (and their heirs) of the greatest music that influenced us all.  Billie Holiday, Duke Ellington, Louis Armstrong, Miles Davis, Aretha Franklin, Willie Nelson, Buddy Holly, Jack Teagarden, Johnny Winter and everyone in 20 Feet from Stardom. Just to name a few.  The Pandora loophole hurts American artists the worst (because Pandora’s pals at the NAB keep US artists from being paid overseas).

The Pandora loophole is due to a gotcha in the US copyright law–the Pandora loophole–that supposedly does not extend the SoundExchange royalty to recordings made before 1972 because the U.S. did not adopt federal copyright protection for sound recordings until 1972.  The only problem with Pandora’s position is that there are lots of Members of Congress still in office who passed the 1995…

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A Useful Database from @musically

7 Jul

Originally posted on MUSIC • TECHNOLOGY • POLICY:

Another example of a private industry solution to information on the digital music market.  MusicAlly demonstrates their directory of online music services.

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