Pick a side BUT don’t call it piracy… — There has been a lot of discussion swirling over the “artists vs. artists” billboard in Times Square this week. Ellen Seidler pins down one of the biggest problems with the promotion. “When artists choose to give their work away, they’re not choosing to support piracy, they’re choosing to offer their creations to the public at no cost.  It’s a distribution decision any artist is free to make, but please don’t call it piracy…”

Associated Press v. Meltwater: Associated Press Scores Significant Copyright Victory — Simon Pulman of Cowan DeBaets Abrahams & Sheppard does a great job analyzing last weeks Meltwater decision upholding the importance of journalism to a free society and the need for commercial services copying significant portions of news articles to seek proper licenses.

Google’s Bonfire of the Vanities: The Human Drones of Google Glass Coming to a Venue Near You — “It appears that Google has finally developed the means to monetize human conversation.” See also “Stop the Cyborgs” launches public campaign against Google Glass.

Copyright Hub gets £150,000 Government funding — 1709 Blog reports on this week’s announcement of the UK government’s funding of a one-stop online shop for licensing copyrighted works.

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A lot of copyright news this week!

Supreme Court reverses in Kirtsaeng — First up, the Supreme Court released its decision in Kirtsaeng on Tuesday.

Copyright Act in the Digital Age — Next, the Register of Copyrights went to Congress to propose a general revision of the Copyright Act. Rob Levine wrote a fantastic preview of her testimony.

Worth the Wait: 9th Circuit Delivers Big Win for Creators in Isohunt Case — Then on Thursday, the 9th Circuit released its opinion in a case that seemed almost forgotten (Isohunt was argued nearly 2 years ago). The Copyright Alliance’s Alexandra Goldstein summarizes the decision, which seems to provide strong support for the common sense notion that those who intentionally profit off infringement don’t get a free pass just because they operate online instead of offline.

Meltwater loses again: the black knight rises — Finally, a NY district court ruled against a digital news clipper on copyright infringement. This is a fascinating case involving fair use and other issues in an online context. Dominic Young provides a good summary of the opinion here, but I may dig into the decision more in a stand alone post next week.

In other news…

Protect rights of artists in new copyright law — This week’s must-read is Sandra Aistar’s op-ed regarding the push for a general copyright revision. “Ensuring that all creators retain the freedom of choice in determining how their creative work is used, disseminated and monetized is vital to protecting freedom of expression.  Consent is at the heart of freedom, thus we must judge any proposed update by whether it prioritizes artists’ rights to have meaningful control over their creative work and livelihood.”

Mirror, Mirror…Why Does the Anti-Copyright Lobby Live in Opposite World? — Ellen Seidler provides some cutting insights. “The talking points echoed by the panel at SXSW reflected the anti-copyright lobby’s disingenuous mantra that content creators seeking to protect their work from theft should be viewed as criminals, while those who brazenly steal (and monetize) the work of others are somehow the ‘innovators.’”

A Step Closer to an Internet that Values Freedom of Expression, Freedom of Information, and the Freedom to Protect the Things We Create and Own — Chris Marcich of the MPAA comments on the recent European Court of Human Rights decision in the Pirate Bay case. “The Internet is a central part of our lives.  Citizens across the world, particularly young people, care about it passionately.  So do we.  We just want to ensure the Internet works for everyone.  We want an Internet where the creative property of artists and creators is protected along with the privacy and security of all users.  An Internet where the values society holds dear in the offline world, shape how we interact online.  And yes, these include freedom of expression, freedom of information and the freedom to protect the things we create and own.”

IFPI slams EU piracy study as ‘flawed and misleading’ — Recently, the EU released a study on piracy’s effects on digital music sales. The study’s conclusions were misreported the study itself suffers some serious flaws.

SXSW: David Lowery and Co. Lash out Against Industry ‘Pimps’ — Last week was the music portion of SXSW. Billboard takes a look at what may have been one of the best panels: David Lowery, Daryl Friedman, East Bay Ray, and Nakia discussing “Who’s Ripping Me Off Now?”

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Explanation of Megaupload Study (or: Econometrics 101) — Brett Danaher, who, along with Michael D. Smith, co-authored the recent study showing the shut down of Megaupload caused a 6-10% rise in digital film sales, explains the study’s methodology in plain English. A thoroughly useful article that should be pointed to by those who criticize the work (apparently without reading the study). As Danaher notes, “The most common critique in comments on blogs and news articles is that ‘sales were increasing anyway because of (digital growth) (new digital channels) (blockbusters released in January) (insert your favorite reason you think sales would have grown here).’ I suppose people think that as economists we would not have thought of this.”

Unlocking Cell Phones Shouldn’t Dismantle Copyright Laws — I have an article over at IP Watchdog this week about recent developments regarding the petition to reverse the decision not to grant a DMCA exemption for unlocking cell phones. Proponents behind the petition are set to get exactly what they asked for but are now complaining that it’s not enough.

Meet the men who spy on women through their webcams — One of the creepiest articles I’ve read in recent memory. Made worse by the fact (not noted in this article until the last page) that the same technology has begun to be used by repressive governments to spy on dissidents.

Derek Khanna & Co. Continue Attack on Artists Rights at SXSWi Panel — The Trichordist reports on another unbalanced panel about copyright, this one at SXSW. Panelists, including Cheezburger CEO Ben Huh, were advocating “permissionless innovation” — that weird new tech buzzword that ignores the fact that things like “permission” and “consent” and “agreement” are at the foundation of any free society. But the ultimate irony, as Tricordist points out, is that for many features of the Cheezburger network of sites, like its API, one can use them only after getting, well, permission.

Word ‘Innovate’ Said 650,000 Times At SXSW So Far — Speaking of SXSW and buzzwords, the Onion nails it.

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Innovation and Piracy — The Wall Street Journal had an excellent article early this week that took a behind-the-scenes look at NBCUniversal’s efforts to minimize the effects of piracy. The piece also discussed Wolfe Video’s experience with piracy. Wolfe is a small, independent distributor of LGBT films and has seen sales drop in the face of piracy despite worldwide distribution on all major platforms and assertive anti-piracy efforts. Here, Sandra Aistars notes, “What’s more, Wolfe serves the LGBT market for films. Beyond entertaining audiences, Wolfe brings realistic and meaningful films to an otherwise underserved community.  When companies like Wolfe who serve niche audiences, are affected by piracy it threatens entire communities. Poor (legal) distribution prospects not only threaten distributors like Wolfe, but adversely impact financing for the film projects to begin with.  Films are not made without financing, so piracy literally threatens to silence the voices of entire communities.”

To Save Everything, Click Here: How to Vanquish Technological Defeatism — Evgeny Morozov has been making the rounds to promote his new book, To Save Everything, Click Here: The Folly of Technological Solutionism, and based on this excerpt in Slate and previous ones, the book has moved to the front of my to-read pile. The book is not about copyright, yet Morozov’s broader critique of “The Internet” (as opposed to just the internet) remains relevant since the same worldview is often shared by those who advance anti-copyright arguments.

Input/Output Podcast: David Lowery and the Future of Artists’ Rights — I’ve been a regular reader of Trust Me I’m a Scientist for a while now, and I was pleasantly surprised to see this podcast with Camper Van Beethoven’s David Lowery pop up this week. Lowery touches on everything from his letter to Emily White to Pandora in this wide-ranging, free-wheeling 45 minute discussion.

Annual Frey Lecture in Intellectual Property 2013 — Duke Law School held its annual Frey Lecture this week, with RIAA Chairman and CEO Cary Sherman. Sherman admits that the RIAA does, in fact, kill kittens, and if you think he is not joking than I recommend watching this video even more.

Please Help Me Welcome Our Newest Writer, Helienne Lindvall… — Songwriter and music journalist Lindvall joins the crew at Digital Music News.

The Fallacy of “Incremental Revenue” Part 1 — Chris Castle tells an engaging (and cautionary) tale about “special markets” in the music biz. Looking forward to part 2.

The Curious Case of Cell Phone Unlocking and Copyright — Finally, over at the Copyright Alliance’s Idea/Expression blog this week, I wrote about the White House’s response to a petition to make cell phone unlocking legal, why this is a copyright issue, and why the Library of Congress plays a role.

 

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March 01, 2013 · · Comments Off

Thom Yorke: ‘If I can’t enjoy this now, when do I start?’ — The Guardian has a great interview with Radiohead frontman Thom Yorke, who offers some surprising reflections on the band’s pay-what-you-will experiment for their 2007 album, In Rainbows. “Having thought they were subverting the corporate music industry withIn Rainbows, he now fears they were inadvertently playing into the hands of Apple and Google and the rest. ‘They have to keep commodifying things to keep the share price up, but in doing so they have made all content, including music and newspapers, worthless, in order to make their billions. And this is what we want? I still think it will be undermined in some way. It doesn’t make sense to me. Anyway, All Watched Over by Machines of Loving Grace. The commodification of human relationships through social networks. Amazing!’”

An Open Letter to CEOs of Brands Advertising on Infringing Sites — Digital Music News picks up on the Copyright Alliance’s petition against brand-sponsored piracy. If you haven’t already, be sure to sign!

The Price of Nothing — Andrew Orlowski drops another insightful critique of copyright skepticism. “The error that characterises so much copyright rhetoric emanating from the utopian camp is one of wishing away value, or pretending it doesn’t exist. There are so many dubious, and at times outright bogus arguments here I won’t dwell on them. There is little disagreement that if we abolished intellectual property tomorrow there would be a huge party – resulting in a welfare benefit. But not for long. Then the trouble would start.”

On Empowering Artists — “Finally, copyright is about freedom. It is core to protecting freedom of expression. But it also gives authors the freedom to thrive. Copyright is a unique form of property because, unlike inherited wealth, it springs from an artist’s own imagination, hard work and talent. Under the right conditions a creator can use its protections to launch a career or build a business, regardless of the economic circumstances she came from. That fact should entitle copyright to more protection than other forms of property, not less.”

Where Has the “Author” Gone in Copyright? — Along a similar vein as the above article, IPKat asks this increasingly important question. “Why is the notion of the copyright “author” held in such low regard? And why is the notion of “users’ rights” so ascendant? At the risk of sounding banal, there is no work to consume, much less to protect, if there is no author to create it.” A good discussion that continues into the comments.

Celebrate The Other Oscar Nominees – You Know, The Ones Ryan Seacrest Likely Won’t Interview — The Oscar ceremonies are nearly a week old, but it’s still worth taking a look at The Credits tribute to the nominees for those who work backstage and out of the spotlight, and whose contributions are just as important to making films as those who walked the red carpet.

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February 22, 2013 · · Comments Off

 But ultimately, it just seemed like having a potentially infinite universe of every album ever released cheapened the inherent value of any single album.

What Happened to Diverse (and Other Questions Answered)?

Hollywood and Censorship in China — The New Yorker revisits MPAA CEO Chris Dodd’s remarks last week at the National Press Club regarding the explosive growth of US films in China, and the at-times contradictory relationship filmmakers have with Chinese censors.

I’m an Indie Music Publisher. Please Don’t Let Them Put Me Out of Business… — Monica Corton of indie music publisher Next Decade Entertainment responds to the article by the Consumer Electronics Association’s Gary Shapiro a few weeks back where he complained about how tech companies like Google are outgunned by songwriters in Congress.

Google’s Move to Demote Pirate Sites – Is It Really Working? — Nope.

Congress Launches Creative Rights Caucus — A very promising move from Reps. Chu (D-CA) and Coble (R-NC). “The launch of this Caucus comes at a critical time for songwriters and composers. Businesses that want to use copyrighted works without paying rightsholders fair compensation have waged a clever, well-funded campaign to delegitimize copyright protection in the public’s eyes. The Creative Rights Caucus could help bring much needed balance to the copyright debate by educating the public, and Congress, that copyright protection serves to protect the human rights, First Amendment rights, and property rights of individual creators, like songwriters and composers.”

How Your Harlem Shake Videos Make Money for the Original Artist — By now, you may have seen the latest internet fad, the Harlem Shake video, which is either really popular right now or so over, depending on how hip you are. Time reports on how recording artist Baauer and record label Mad Decent have been able to profit off the thousands of user-generated videos on YouTube featuring the song because of Google’s Content ID program.

The Vine Should Suffer, Not the Artist — David Newhoff takes on the popular conceit that good artists should suffer, as well as the role of copyright as incentive. “Opponents of copyright like to say that art existed before copyright, and this is technically true and functionally irrelevant. Copyright is not the reason the artist creates, and it by no means guarantees him a career any more than the right to pursue happiness guarantees happiness. But we could say that happiness existed before 1776. So, why is the right to seek this state of being that has no universal definition codified into American law and culture?  Whatever your individual answer may be, you would be on the road to understanding the relationship between the artist and money as well as the role of copyright as incentive.”

Honoring Our Founders, Remembering Our Principles — Former U.S. Rep. Mary Bono Mack pens this great Presidents’ Day piece on the importance of securing the rights of artists and creators. “Like private property rights, intellectual property preserves an individual’s right to the fruits of their intellectual labor. Our founding fathers considered intellectual property to be a fundamental component of property rights – so much so that they specifically protected intellectual property in Article 1, Section 8 of the Constitution, empowering Congress ‘to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.’”

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Stop pretending cyberspace exists — Salon makes the case that “cyberspace” as a metaphor should join “cyberspace” as a term in the dustbin of history. “If you’re not convinced by now that the very notion of cyberspace is silly, try substituting ‘fax’ or ‘telephone’ or ‘telegraph’ for ‘cyber’ in words and sentences. The results will be comical. ‘Activists denounced government criminal surveillance policies for colonizing Fax Space.’ ‘Should Telephone Space be commercialized?’ Again, the point is not that telecommunications should not be structured and governed in the public interest, but rather that the debate about the public interest is not well served by the Land of Oz metaphor.”

Ninth Circuit Poised to Address Torrent Site Liability — Remember Isohunt? Oral arguments were held nearly two years ago in an appeal of the decision holding the BitTorrent site liable for massive copyright infringement, but the Ninth Circuit has yet to issue a decision. Jesse Creed has an analysis of the issues in that case over at the Idea/Expression blog.

He Builds It, Audiences Come: A Q&A With A Good Day to Die Hard Production Designer Daniel Dorrance — An interesting interview over at the Credits, taking a look at some of the behind-the-scenes highlights from Dorrance’s career, which includes films like Hook, Saving Private Ryan, and Collateral. Great copyright-related anecdote at the end too, where Dorrance talks about clearing the rights for graffiti.

Of Brands, Digital Pirates — And Shame — The USC Annenberg Lab has released its latest monthly look at ad-supported piracy. The February edition highlights a number of brands that frequently show up on illicit file-sharing sites. Fox Business has the scoop.

The De Minimis Doctrine Plays an Important Role in Copyright Law — A quick at some of the notable cases exploring the de minimis doctrine in copyright law.

National Recording Preservation Plan aims to protect America’s audio history — The Library of Congress is moving to implement a Congressionally mandated plan to curate and preserve the vast trove of recorded music from the past century plus. “The library’s plan makes 32 recommendations toward preserving the nation’s endangered audio heritage. It calls for a publicly accessible directory of sound collections; a national policy for collecting, cataloguing and preserving neglected recordings; the implementation of best practices for preserving digital audio files; and more.”

The Prop Building Guidebook: For Theatre, Film, and TV — Finally, on a personal note, I’m very happy to point readers toward Eric Hart’s (my brother) new book on building props, which has just gone on sale today goes on sale February 26th. Eric also blogs at Prop Agenda.

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This week at Idea/Expression: Amici urge reversal in GSU digital coursepack case — A look at arguments raised by appellants and their supporters in Cambridge Univ Press v Becker.

Seven copyright principles for the digital era — The World Economic Forum’s Global Agenda Council on the Intellectual Property System has developed a series of principles that they hope will “provide a framework for addressing copyright in light of the many new technologies for creating, disseminating, and consuming content.” Check them out and see what you think.

Ad Networks Face Criticism for Pirate Placements — The Future of Music Coalition picks up on the growing story about brand-sponsored piracy. “It’s crucial that the legitimate digital marketplace continues to grow. It’s clear that in order for this to happen, there needs to be greater cooperation between all players in the online ecosystem.”

Where are the creators? Consider creators in copyright reform? — As part of a series/debate at Cato Unbound about copyright reform, Mark Schultz asks a pivotal question. “I am genuinely puzzled when copyright discussions treat creative works if they are a pre-existing resource that the government arbitrarily allocates. They are not. They aren’t an imaginary regulatory entitlement, such as pollution credits. They aren’t leases or mineral rights on public land handed out to political cronies. Creative works are, instead, the productive intellectual labor of private parties. Real people make this stuff.”

We Need Strong Copyright Laws Now More Than Ever — David Israelite of the National Music Publishers Association responds to Gary Shapiro’s bizarre rant that appeared in Forbes magazine last week.

Sirius/XM VS. A2IM Case Dismissed — The case involving allegations that A2IM wrote a blog telling its members to read Sirius’ contracts before signing them was settled and dismissed.

Compare & Contrast — David Newhoff digs into some of the curious companies advertising on and supporting sites like The Pirate Bay… and contrasts their self-proclaimed “internet freedom” mission with activists who are actually addressing problems in the real world. Very interesting read.

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What If the Great Wikipedia ‘Revolution’ Was Actually a Reversion? — An interesting piece from the Atlantic. Wikipedia may seem different from the Encyclopedia Britannica, but it does not seem so different from EB‘s precursors. “In fact, this seems to be true of so many of the Internet’s innovations’: Blogs look like 18th- and 19th-century publishers more than they do The New York Times or The Washington Post; small crafters selling their wares on Etsy look more like earlier markets than the 20th century’s big chains. We have a tendency to reach for the most recent historical examples as our benchmarks, but when you take a longer view, you see that we haven’t so much as broken with the past as repeated it.”

Over 50 Major Brands Supporting Music Piracy, It’s Big Business! — The Trichordist has a master list of over 50 major brands whose advertisements have ended up on illicit filesharing sites, along with a list of Twitter handles for the companies for artists and creators to call this to the brands’ attention.

Think File Sharing is Sticking it to the Man? Really? — David Newhoff uses the above Trichordist piece as a starting point for a larger conversation. Says Newhoff, “I would challenge the defender of ‘file sharing’ to read the list on The Trichordist site and convince himself that by downloading unlicensed media he’s ‘sticking it to The Man.’ The truth is the ardent file sharer is a corporate puppet that has no idea which companies are pulling its strings.”

Blink 182’S Mark Hoppus: Artists Should Be Paid For Their Creativity — CreativeAmerica points to a video of remarks by Blink 182 bassist Mark Hoppus made recently during Midem. In part, Hoppus said, “I believe that artists should be paid for their creativity. There’s no other industry where people can come in and take what you create for free and give it away for free and that’s acceptable.”

The US Supreme Court Is NOT Going To Revoke Your Right To Sell Stuff On eBay — A rational take on Kirtsaeng from Business Insider: “A group called Owners Rights Initiative – a coalition including eBay, Etsy, and Overstock, among others – claims the case could have ‘far-reaching impacts on all Americans.’ That group even released a video showing ordinary Americans on the street speaking out for their right to be able to resell whatever they buy. The thing is, a victory for John Wiley probably won’t impact the average person who sells a couple of foreign-made items on eBay.”

CAS Will Not Harm Public Wi-Fi — Jill Lesser, Executive Director of the Copyright Alert System, responds to concerns that the educational graduated response program will negatively impact public wi-fi networks. In part, Lesser notes that “The vast majority of businesses, including those like Starbucks that provide legitimate open Wi-Fi connections, will have an Internet connection that is tailored to a business operation and these business networks are not part of the CAS and will never be sent a Copyright Alert.”

Study: Megaupload Shutdown Caused a ‘Significant Increase In Digital Sales…’ — Digital Music News reports on a talk by Carnegie Mellon professor Michael Smith last week at the Digital Book World conference in New York, where Smith presented evidence that digital sales received a bump after Megaupload was taken offline last year. Smith released a paper last year, Assessing the Academic Literature Regarding the Impact of Media Piracy on Sales, that concluded “while some papers in the literature find no evidence of harm, the vast majority of the literature (particularly the literature published in top peer reviewed journals) finds evidence that piracy harms media sales.”

Difficult music — The Futility Closet presents several compositions that fall into the “advanced” category. The sheet music for Faerie’s Aire and Death Waltz is a sheer delight., including directions such as “insert peanuts” and “if there is a 3rd clarinet some violins may go.”

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