Tuesday, March 29, 2011

Tunes for Change

This is an interesting website I have just come across it is called Tunes for Change. The about section reads something like this:

TunesForChange.org is a registered not for-profit organisation that promotes peace, human-rights, free-speech, environmental sustainability, artistic-excellence, media accountability and responsibility, and physical and mental well-being for all! We offer much needed support to people from all walks of life and from every corner of the globe.


How??

1. 
Firstly, critically acclaimed, high-profile, and outstanding musicians donate a single song for download at TunesForChange.org. The songs are donated for a three month period only.

2.
 The songs donated are then compiled by the TunesForChange.org programmer into a seasonal album to download for a donation of one dollar or more, (it’s up to you how much you give for the album). There will be 4 x albums per year. Our first album launched on 28 March 2011.

3.
 Finally, at the end of every month, TunesForChange.org pays 100% of profits from the voluntary donations (from music-lovers like yourself), to a pre-selected charity. That's right -- every profit from every donation is donated to the selected charity. See the FAQ section for more detailed info.


Tunes For Change is a registered non-profit organisation and is a Public Company Limited by a Guarantee (Tunes For Change Ltd ABN 29 149 516 192).

Proceeds from the first album will go to assist with the Australian flood recovery with profits from the second seasons album going to The Seed fund. The site uses a pay what you want model and is well worth checking out.

Further Information
Tunes for Change < http://www.tunesforchange.org/ > at 29 March 2011

John Butler and The Seed



I wrote about this back in February. The categories for this year are:
  • Management Workshop - 25x
  • Publicise It - 3x grants of up to $5000
  • Art for the Public - 1x grant of up to $5000
  • SkinnyFish - $18,750 in performance fees for remote Indigenous musicians
If you are interested in any of these grants you can read more about applying here and here. Applications close Friday 8th April 2011 with successful applicants being notified by the 16th May 2011.

Saturday, March 26, 2011

The latest on Limewire

Recent statistics suggest a drop in file sharing in the United States following the closure of Limewire. NPD report a drop from 16% in 2007 to just 9%. All this for something that should have been monetised from the start. TechDirt suggest quite rightly that the drop in file sharing is unlikely to correlate to an increase in music purchasing during the quarter with people likely to move to other services to get their music. Frostwire and BitTorrent remain viable alternatives and are likely to gain users over time.

This comes after a judge recently ruled that Limewire could not be held liable for statutory damages for each time a file was shared stating that this would lead to damages amounting to "more money than the entire music recording industry has made since Edison’s invention of the phonograph in 1877.”

Limewire has already settled its case with music publishers and it shouldn't be too long before a decision is made with respect to the damages for the recording industry. Limewire was seeking data from retailers such as Amazon and Apple to help establish the quantity of damages payable but so far it appears that this information has not been revealed.

Further Reading
TechDirt, Drop In P2P File Sharing Due To Limewire Shutdown A Pyrrhic Victory For The Recording Industry (25 March 2011) < http://www.techdirt.com/articles/20110324/16194713614/drop-p2p-file-sharing-due-to-limewire-shutdown-pyrrhic-victory-recording-industry.shtml > at 26 March 2011

ZeroPaid, Post LimeWire, P2P Usage Plummets 50%! (24 March 2011) < http://www.zeropaid.com/news/92907/post-limewire-p2p-usage-plummets-50/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+zeropaid+%28Zeropaid+File+Sharing+P2P+News%29 > at 26 March 2011

ZeroPaid, Judge to RIAA: Limewire Liable for Billions Not Trillions (11 March 2011) < http://www.zeropaid.com/news/92783/judge-to-riaa-limewire-liable-for-billions-not-trillions/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+zeropaid+%28Zeropaid+File+Sharing+P2P+News%29 > at 14 March 2011

TechDirt, Judge Rejects RIAA's Attempt To Claim 'Trillions' In Damages From Limewire (11 March 2011) < http://www.techdirt.com/articles/20110311/06521713462/judge-rejects-riaas-attempt-to-claim-trillions-damages-limewire.shtml > at 14 March 2011

ZeroPaid, LimeWire Settles Music Publishers Case, Still Faces Labels (10 March 2011) < http://www.zeropaid.com/news/92763/limewire-settles-music-publishers-case-still-faces-labels/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+zeropaid+%28Zeropaid+File+Sharing+P2P+News%29 > at 11 March 2011

ArsTechnica, LimeWire seeks data from Amazon in bid to avoid big payout to RIAA (3 January 2011) <http://arstechnica.com/tech-policy/news/2011/01/limewire-seeks-data-from-amazon-in-bid-to-avoid-big-payout-to-riaa.ars> at 18 January 2011

ZeroPaid, LimeWire Wants Data From Amazon, Apple to Determine RIAA Payout (4 January 2011) < http://www.zeropaid.com/news/91849/limewire-wants-data-from-amazon-apple-to-determine-riaa-payout/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+zeropaid+%28Zeropaid+File+Sharing+P2P+News%29 > at 17 January 2011

TechDirt, Limewire Seeking All The Recording Industry's Secrets (4 January 2011) < http://www.techdirt.com/articles/20110104/02223912507/limewire-seeking-all-recording-industrys-secrets.shtml > at 17 January 2011

EFF on file sharing

The EFF have a new post out about two recent reports that highlight the fact that the music industry is growing in the digital environment and that the recording industry should not blame file sharing as the sole cause of losses. This is an interesting read and worth a moment to take a look at.

Further Reading
EFF Deeplinks, It’s Time for the Recording Industry to Stop Blaming "Piracy" and Start Finding A New Way (25 March 2011) < https://www.eff.org/deeplinks/2011/03/it-s-time-recording-industry-stop-blaming-piracy > at 26 March 2011

Friday, March 25, 2011

Mimi & Eunice



Available here.

Sound Cloud

I have just read on Techdirt that apparently Sound Cloud has a content filter installed on it blocking people from uploading infringing works. I was unaware of this when I wrote about the site recently. This makes some difference to their potential liability for copyright infringement depending on whether the filter is effective or not. I wonder if there have been DMCA take down notices since the filter was first installed or whether it does the job. As Techdirt points out filters are unable to detect fair use or fair dealing and the likely outcome is that much more content is blocked than needs to be. It is such a shame that these types of tactics are necessary in the digital age when much creativity depends on building on the works of others. I guess the site however is far more likely to be around in the long run which is good news.

Further Reading
TechDirt, How Copyright Filters Present A Serious Challenge To DJ Culture (21 March 2011) < http://www.techdirt.com/blog.php?d=21&m=3&y=2011> at 25 March 2011

TechDirt, Permission Culture And The Automated Diminishment Of Fair Use (27 December 2010) < http://www.techdirt.com/articles/20101227/09520712421/permission-culture-automated-diminishment-fair-use.shtml > at 25 March 2011

Thursday, March 17, 2011

WIPO Director General Addresses the Future of Copyright

Francis Gurry on the future of copyright policy and the need to take an active role in seeking a balance in the digital environment rather than seek to resist technological change. Hosted by the ARC Centre of Excellence for Creative Industries and Innovation and the QUT Faculty of Law’s Intellectual Property: Knowledge, Culture, Economy in Sydney, 25 February 2011.


Professor Lawrence Lessig's keynote speech to WIPO conference

Lessig's keynote speech to WIPO conference November 2010

US Copyright Changes

I have been reading about some proposed changes to US copyright law and though to mention them here.

The first is the introduction of a performance royalty right for music played on the radio. At present many countries including Australia pay both the composer and the recording artist a royalty each time a song is played on radio. When I was presenting my radio show a few years ago I was required to complete a log each time I was on air so that the appropriate records were available for reporting what songs were played. In the US this has never been the case. Until now only the composer of the song or more accurately the holder of the publishing rights has received payment. Radio stations in the USA while in the past have been happy to take kick backs from record labels in exchange for playing songs on the radio, have resisted paying a royalty to recording artists - or more accurately the copyright holder of the recording (usually a record label). Their argument has been that radio serves as a promotional vehicle for the artists music and therefore they should not be required to pay a royalty. As ArsTechnica points out this means also that as many countries rely on reciprocal copyright arrangements, it is often the case that American artists dont get paid a royalty in other countries because US radio stations dont pay a royalty to overseas artists either. This looks like it is about to change. I personally dont have a problem with recording artists receiving a royalty for air play - it has long been the case in Australia and our radio stations appear to cope okay - it does matter what the rate is and this could be a point of much ongoing tension with constant pressure to increase or decrease it.

The second change, and one that I am a little more concerned about, is the decision to make illegal streaming of content a felony offense. I wonder where this leaves many YouTube users and facebook sharers. This could potentially open up everyday activities to criminal prosecution instead of civil liability. Furthermore it presents as a potential drain on the public purse with law enforcement agencies being required to investigate, charge and participate in prosecution. I am not sure whether there is a commercial scale infringement requirement in the scheme but the reading I have done so far suggests that it is open to all illegal streaming. While fan based streaming can on the odd occasion detract from what a band is seeking to achieve, for the most part it is positive promotion for an artist with many uploads to YouTube left up for others to see without artists exercising their DMCA take down options. It seems to me that this is dangerous territory for the average person and one likely to detract from the positive uses of the internet. I hope this law is not passed in a hurry.

Further Reading
ArsTechnica, Obama "IP czar" wants felony charges for illegal Web streaming (15 March 2011) < http://arstechnica.com/tech-policy/news/2011/03/obama-ip-czar-wants-felony-charges-for-illegal-web-streaming.ars > at 17 March 2011

ZeroPaid, Obama Admin Wants to Make Illegal Streaming a Felony (15 March 2011) < http://www.zeropaid.com/news/92831/obama-admin-wants-to-make-illegal-streaming-a-felony/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+zeropaid+%28Zeropaid+File+Sharing+P2P+News%29 > at 17 March 2011

TechDirt, Administration's New IP Enforcement Recommendations Will Only Serve To Make IP Less Respected (15 March 2011) < http://www.techdirt.com/articles/20110315/08424413499/administrations-new-ip-enforcement-recommendations-will-only-serve-to-make-ip-less-respected.shtml > at 17 March 2011

Digital Music News, Obama Officially Backs Performance Radio Royalties... (16 March 2011) < http://digitalmusicnews.com/stories/031511whitehouse > at 17 March 2011