The various comedians who have sued Pandora over unlicensed jokes have consolidated their lawsuits into one action, while arguing that the fact the streaming firm has removed their comedy routines from its platform since they went legal is an “outright admission that they knew they were infringing the copyrights of the works”.
Month: March 2022
US Copyright Royalty Board rejects proposal to keep mechanical royalty on discs and downloads unchanged
The US Copyright Royalty Board has published a statement on its review of what royalty rate should be paid to songwriters and music publishers when discs and downloads are sold Stateside, concluding that a proposed settlement put forward by the major record companies and the National Music Publishers Association – which would have kept the current rate in force – is not a “reasonable basis” on which to set the rate for 2023 to 2027.
How To Interpret Your TikTok Analytics
Driven by machine learning and a technical algorithm, TikTok thrives on data and metrics. If you want to improve your content’s performance, understanding your profile’s detailed analytics is the first step to improving your efforts. Here’s how to do it…
Swedish Musicians’ Union Calls On Spotify to Investigate ‘Fake Artists’ Amid Playlist Controversy
Yesterday, Swedish newspaper Dagens Nyheter (DN) reported that Firefly Entertainment was allegedly associated with an array of “fake” artist profiles on Spotify – and that the indie label had cashed in on millions of streams, in part by placing the accounts’ tracks on first-party playlists. Now, the Swedish Musicians’ Union is calling on Spotify to launch a full-scale investigation.
Supreme Court Takes Up Copyright Case Involving Andy Warhol’s Prints Of Singer Prince
The Supreme Court announced Monday it will take up a case involving a copyright dispute between the famous late pop artist Andy Warhol and prolific rock photographer Lynn Goldsmith, who claims Warhol violated copyright when he used a photo she took of the deceased singer Prince as the basis for a series of prints.
Writers Guild West, Labor Coalition Push FTC to Challenge Amazon’s MGM Buy (Exclusive)
The Strategic Organizing Center, a coalition of unions that includes the Teamsters and CWA, and WGA West sent a letter to the regulatory agency over the $8.45 billion buy. They warn that Amazon will likely shut down MGM’s Epix, harming competition, filmmakers and audiences.
Is It The Song Or The Singer That Makes It A Hit?
As hot new bands like the UK’s Wet Leg sang songs at South by Southwest in Austin recently, industry players debated whether it’s actually the song or the singer that makes the single swing to the top of the pop charts, and how to split the money.
Belgian performer society welcomes proposed new digital remuneration right
The collecting society that represents performers in Belgium has welcomed proposals by the country’s Council Of Ministers to introduce a new digital remuneration right for artists as part of the implementation of the 2019 European Copyright Directive.
US music industry welcomes proposed SMART Copyright Act
The music industry has welcomed proposed copyright reforms in the US that would basically increase the obligations of safe harbour dwelling digital platforms, mainly by empowering the country’s Copyright Office to identify and approve “standardised technical measures” that platforms should utilise in order to stop the distribution of unlicensed copyright protected content.
Read More: https://completemusicupdate.com/article/us-music-industry-welcomes-proposed-smart-copyright-act/
Lizzo settles Truth Hurts copyright battle with former collaborators
Lizzo has settled her legal battle with former collaborators Justin Raisen, Jeremiah Raisen and Justin ‘Yves’ Rothman over their claim that they contributed to the creation of her hit ‘Truth Hurts’ and should therefore share in the royalties generated by that track. Legal reps for both sides in the dispute informed the court that an agreement had been reached last week.
Animation Guild Members Rally For Fair Contract In Burbank
Several hundred Animation Guild members and their supporters rallied today in Burbank, loudly demanding a fair contract from the Alliance of Motion Picture & Television Producers.
Carrying signs that say “New deal 4 animation” and “Cartoons are serious business,” the rallygoers chanted, “New contract, new deal,” and “TAG United will never be defeated.” Labor and management last met at the bargaining table on March 2, and will resume talks on Tuesday.
Read More: https://deadline.com/2022/03/animation-guild-members-rally-burbank-fair-contract-sought-1234982731/
Senators Introduce the Bipartisan ‘SMART Copyright Act,’ Claiming That the Bill ‘Would Hold Tech Accountable’
The “SMART Copyright Act” has officially been introduced into the U.S. Senate, and the bipartisan legislation “would hold tech accountable by developing effective, widely-available measures to combat copyright theft,” according to its authors.
Max Martin, ABBA’s Björn Ulvaeus, and songwriter and producer Niclas Molinder say they’ve invented the solution to the music industry’s ‘black box’. And it’s free.
Each year, royalties worth an estimated $655 million (£500m) globally are not paid to the correct rightsholders due to bad data.
To address the issue of hundreds of millions of dollars’ worth of royalties landing in the industry’s so-called ‘black box’, rather than in the bank accounts of rightsholders, ABBA’s Björn Ulvaeus launched the ‘Credits Due’ campaign in 2021 to get creators paid for their work.
The Ineffable Tone-Deafness of Spotify’s Daniel Ek
One might think that, just weeks after his company scraped through the biggest crisis of its existence — its stubborn defense of giving a gigantic international platform, not to mention more than $200 million, to Joe Rogan and his destructive, malignant opinions — Spotify’s Daniel Ek might exercise a little caution and humility.
Spencer Davis Group Beats Another ‘Gimme Some Lovin” Copyright Suit
A pair of Tennessee songwriters say the bass riff to the iconic 1966 hit was lifted from their 1965 song.
Dancers move to copyright choreography online
Future. Choreographer JaQuel Knight (Beyoncé, Cardi B, Megan Thee Stallion) and attorney David L. Hecht are stepping out how and why dances deserve copyright, showing that the TikTok era is redefining what is considered professional choreography. If they’re able to continue securing copyrights for creators and raise enough awareness in the industry, TikTok may one day create a feature that ensures the original choreographer is both recognized and compensated for the trends they start.
Katy Perry Gets Appeal Win in ‘Dark Horse’ Copyright Case
Katy Perry prevailed again over a lawsuit alleging copyright infringement in her song “Dark Horse,” after the Ninth Circuit said Thursday that a trial judge was right to set aside a jury verdict against the pop singer.
Read More: https://news.bloomberglaw.com/ip-law/katy-perry-gets-appeal-win-in-copyright-case-over-dark-horse
Why YouTube – With Its Deep Pockets – Isn’t the Perfect Fit for All Creators
Content creators these days have a lot of choices in where to build their business, but it’s not always about the money for some of them.
While YouTube has historically paid out the biggest bucks — some $30 billion in recent years — rivals like Facebook, TikTok and Snap are trying to catch up with various incentives, features and bonus programs aimed at getting creators on their platforms. Over time, these could attract creators who want dedicated platforms and tools designed for commerce or livestreaming, for instance. Ultimately, earning creators’ loyalty will come down to their monetization options, earning flexibility and what advantages they can offer over YouTube.
Film and TV Location Managers Vote to Ratify New Contract
Ninety-five percent of eligible voting members supported the deal, while voter turnout was 75 percent, “the highest in the Local’s recent history” for the contract, the union says.
NATO Launches New Non-Profit The Cinema Foundation Dedicated To Advancing Exhibition Industry
The National Association of Theatre Owners today announced the creation of The Cinema Foundation, a new, donor-supported non-profit organization dedicated to promoting the cinema exhibition industry by developing future diverse workforces and growing moviegoing communities through research, education and philanthropy.
Read More: https://deadline.com/2022/03/nato-launches-new-non-profit-the-cinema-foundation-1234974905/
Copyright case: Kihn v. Bill Graham Archives LLC, USA
Because the artists who would form part of the class had entered into licensing agreements with varying terms, individual issues would prevail over common questions.
Read More: http://copyrightblog.kluweriplaw.com/2022/03/09/copyright-case-kihn-v-bill-graham-archives-llc-usa/
TikTok just launched its own music distribution platform, SoundOn
TikTok is officially a music distributor now.
The ByteDance-owned viral video app has just launched its own promotion and music distribution platform, called SoundOn.
SoundOn is already Live in the UK, US, Brazil and Indonesia, and it lets artists upload their music directly to TikTok and RESSO.
It can also distribute their music to other platforms like Spotify, Apple Music and Instagram.
Ed Sheeran sings Nina Simone during Shape of You copyright case
Ed Sheeran has serenaded London’s High Court in an attempt to prove he did not copy portions of his 2017 hit Shape of You from another artist.
The star is accused of lifting his song’s “Oh I, oh I, oh I” hook from Sami Chokri’s 2015 single Oh Why.
Read More: https://www.bbc.com/news/entertainment-arts-60661895
Another One Bites the Dust: Bandcamp acquired by Tencent’s Epic Games and still no fairness for session musicians
Bandcamp has been a safe haven for independent artists for years and throughout the pandemic. When asked by fans where fans can go to engage in fair commerce with artists outside of the downward centrifugal force of the big pool maelstrom, many said go to Bandcamp.
Now that Bandcamp is acquired by Epic Games, the cats paw of its 40% owner (that we know of) the Chinese surveillance company Tencent, the bloom may be off the rose. Tencent, like its affiliate Spotify, uses music for data scraping in the music-driven streaming data honeypot.
Post Malone has another go at dismissing Circles song theft claim
Post Malone is having another go at dismissing a legal claim made by a former collaborator who reckons he co-wrote the 2019 hit ‘Circles’. This time the rapper is arguing that the contribution made by Tyler Armes during a recording session in 2018 was not sufficiently original to be protected by copyright.
Dua Lipa sued a second time over Levitating
Dua Lipa is facing a second song theft lawsuit over her 2020 hit ‘Levitating’ which, it’s alleged, rips off not one but two songs. Well, three if you also count the allegations made in the first of the lawsuits filed over ‘Levitating’ last week.
Read More: https://completemusicupdate.com/article/dua-lipa-sued-a-second-time-over-levitating/
Musical “magpie” Ed Sheeran in court over Shape Of You song theft claims
Ed Sheeran is a musical “genius” but also a musical “magpie” who borrows from other people’s work when he’s writing his pop songs. Sometimes he borrows from the work of superstars, who get their credits. Other times he borrows from lesser known artists, who do not. Or at least, that’s what lawyers working for musicians Sami Chokri and Ross O’Donoghue claimed in the UK high court on Friday.
Jordi Puy (Unison): ‘ In two years, we have managed to get into the full international digital landscape of authors’ rights’
Jordi Puy had a plan. He knew Europe was ripe for a new type of music rights society, one that would be a digital native, and would work with transparency at its core. He rolled out his plan from 2017 and launched Unison, Europe’s new music rights society, in 2020.
BMI Hires Goldman Sachs to Explore New Ways to Make Boatloads of Money on Songs
BMI has hired Goldman Sachs to consult on potential growth opportunities for its business as one of the US’s largest performance rights organizations (PRO).
In a letter obtained by Variety, BMI President & CEO Mike O’Neill outlines why the organization is making the move. The objective is “growth for our songwriters, composers and publishers,” ostensibly beyond the traditional PRO sector – effectively publishing royalties from music played anywhere in public. That sector grew to record setting levels in the 2021 fiscal year, with BMI among the beneficiaries.
When MGM Ruled Hollywood: The Rise (and Fall) of Amazon’s Next Prize
A curtain closing look at the era and moguls that defined the iconic brand as the e-commerce giant aims to seal a $8.5 billion deal to gobble up the studio to feed its streaming ambitions.
Musicians Organize Around DMCA Law, Time’s Up for Spotify
Music Workers Alliance (MWA), a labor empowerment organization for independent musicians, DJs, and sound engineers, has launched a campaign for streaming justice. They are lobbying congress to change a law that has allowed companies like Google and YouTube to make billions off mass copyright infringement; and which enables streaming services like Spotify to pay musicians starvation wages.
Read More: https://observer.com/2022/03/musicians-organize-around-dmca-law-times-up-for-spotify/
Copyright Office Ruling Exposes Artificial Intelligence and NFT Issues
At what point, if any, can Artificial Intelligence be considered “human?” Who is responsible for the art that’s created by technology? Who owns art predominately created by computers? The U.S. Copyright Office tackled these questions in its latest ruling regarding artificial intelligence that will have implications on art and NFTs going forward.
Guest Column: How Easy Is It to Take Down Music From Streaming Platforms?
When and how a creator can remove music from a streaming service varies based on a number of factors — though performers will generally have an easier time than songwriters.
Read More: https://www.hollywoodreporter.com/business/digital/removing-music-from-spotify-1235093457/
20 Questions: An artist’s checklist for an NFT pitch
If you’ve been pitched to lend your name to an NFT platform or promotion, or if you are an NFT promoter who wants to attract artists to your program, there are some issues that should get addressed. Obviously, discuss all this with your lawyers since this isn’t legal advice, but the following are some issues that you may want to consider before you commit to anything.
Read More: https://musictechpolicy.com/2022/03/02/20-questions-an-artists-checklist-for-an-nft-pitch/
David Israelite (NMPA): ‘DSPs are proposing the lowest rates in history’
David Israelite, President and CEO of the National Music Publishers’ Association (NMPA), has claimed that digital streaming services are proposing the “lowest rates in history” in the current Copyright Royalty Board proceedings, known as CRB IV, which will determine the mechanical rates paid by digital services for the next five years.