News

Spotify remains entrenched in legal battles across three continents. Will this ultimately hurt the company’s negotiating position? Read more: https://www.digitalmusicnews.com/2019/03/22/spotify-licensing-talks/

YouTube has come under fire for its vague requirements for Content ID claims. Critics says the system has been getting abused for years. Read more: https://www.digitalmusicnews.com/2019/03/21/youtube-contentid-changes/

With nine days before CinemaCon, the Motion Picture Association of America released its 2018 annual report today. And amidst the cheering for increased revenues, a new note stood out: Almost all of the growth lies outside cinemas. Read more: https://www.indiewire.com/2019/03/mpaa-report-2018-box-office-1202052441/

YouTube continues to pay less than most other streaming platforms, according to the BPI (along with every other music industry trade body). But that’s not the only category that’s beating YouTube. Read more: https://www.digitalmusicnews.com/2019/03/21/bpi-full-year-2018-report/

The WGA is deputizing managers and attorneys to procure employment for writers and negotiate their over-scale terms – essentially taking the place of agents. The move comes as the guild prepares for the possibility that it might ask all writers to fire their agents en mass if it can’t come to terms with the Association of Talent … Continue reading "WGA Deputizes Managers And Lawyers To “Fill The Gap” If Agents Are Fired En Masse"

UTA CEO Jeremy Zimmer told his writer-clients Wednesday night that they won’t be the only artists affected if the WGA gets its way and puts the agencies out of the packaging business. “These decisions impact a broad section of the TV ecosystem,” he wrote on Tuesday in a message to the agency’s writers. “Lots of people will be affected. The … Continue reading "UTA’s Jeremy Zimmer Warns That Actors And Directors Also Will Be Impacted If Agents Stop Packaging"

In a small sign for negotiations between the Writers Guild of America and the talent agencies, the guild has compromised on a subsidiary issue that’s nonetheless important for moviemakers and screenwriters: talent agency involvement with financing and sales of independent films. Read more: https://www.hollywoodreporter.com/news/writers-yield-agencies-indie-film-financing-sales-not-packaging-fees-1196081

A UTA study released Wednesday shows that television writers earn more on packaged shows than non-packaged shows, the talent agency said, directly countering with data the Writers Guild’s so-far anecdotal claims to the contrary. Read more: https://www.hollywoodreporter.com/news/uta-reveals-tv-writer-pay-details-effort-counter-guild-claims-1195991

As creators from all corners of the globe, we ask you to adopt the EU copyright directive and thus lay the foundation of a fairer environment for millions of creators worldwide. Read more: https://www.cisac.org/Newsroom/News-Releases/Creators-around-the-world-ask-for-the-adoption-of-the-EU-Copyright-Directive

Last Wednesday, Google confirmed a major rollout for its third floundering streaming music service. In a blog post, the search giant unveiled the introduction of YouTube Music, Music Premium, and Premium in India. Read more: https://www.digitalmusicnews.com/2019/03/19/google-iprs-india-deal/

Calling President Donald Trump’s proposed elimination of the National Endowment for the Arts “short-sighted at best,” Actors’ Equity Association has vowed to continue fighting what has become an annual Trump tradition. Read more: https://deadline.com/2019/03/actors-equity-nea-donald-trump-proposed-budget-elimination-1202578156/

Just over a quarter century ago, when I was a young scribbler traipsing around the metro desk of the Baltimore Sun, I had an early opportunity to learn a lesson about money, about ethics, about capitalism and, in particular, about the American entertainment industry. And Dorothy Simon, she raised no fools. I only needed to … Continue reading "‘The Wire’ Creator David Simon Rips “Greedhead” Agencies Over Packaging, Urges Lawsuit Against ATA"

A US court has ruled that American internet service provider Grande has no safe harbour protection in its ongoing legal battle with the Recording Industry Association Of America. Which firstly means that the net firm will be held liable for its users alleged copyright infringement, but also that the previous BMG v Cox case has … Continue reading "Court denies ISP safe harbour protection in record label legal battle"

Just over a quarter century ago, when I was a young scribbler traipsing around the metro desk of the Baltimore Sun, I had an early opportunity to learn a lesson about money, about ethics, about capitalism and, in particular, about the American entertainment industry. And Dorothy Simon, she raised no fools. I only needed to learn it … Continue reading "“But I’m not a lawyer. I’m an agent.”"

Texas-based Internet provider Grande Communications has no right to a safe harbor defense in its case against several RIAA backed record labels. The ruling from the Texan federal court puts the ISP at a severe disadvantage for the upcoming trial, where it’s accused of being liable for copyright infringements allegedly committed by its users. Read … Continue reading "ISP Grande Loses Safe Harbor Over ‘Utter Failure’ to Terminate Pirating Customers"

Last month, in a split decision, the U.S. Copyright Royalty Board (CRB) ruled in favor of a 44% songwriter royalty increase on streaming music services. Read more: https://www.digitalmusicnews.com/2019/03/18/warner-chappell-v-spotify-crb-appeal/

A new WGA report, titled “Agencies For Sale,” claims that $3 billion in private equity investments in WME and CAA “is upending Hollywood talent representation” and “threatens to overwhelm the major agencies’ core purpose as agents – to represent their clients.” The guild released the report just hours before it’s set to resume negotiations with the Association … Continue reading "WGA Report: Private Equity “Upending” Agencies’ Duty To Writers"

The WGA and the Association of Talent Agents have concluded their fifth day of bargaining for a new franchise agreement, with the ATA saying there’s a “dark cloud of uncertainty” hanging over Hollywood as the two sides again made little progress toward resolving the two key issues: the guild’s demands that the agencies stop collecting packaging fees and sever … Continue reading "ATA Sees “Dark Cloud” Hanging Over Hollywood As Day 5 Of WGA Talks Concludes"

As IPKat readers know, next week the European Parliament will vote on the draft Directive on copyright in the Digital Single Market. This blog is happy to host the following analysis of one of the most debated provisions in that draft legislative instrument, ie Article 13, as offered by Katfriend Prof Dirk Visser (Leiden University). The text of … Continue reading "Trying to understand Article 13"

As usual, Henry gives an extremely relevant and literate dissertation on the loss of humanity imposed on us by Big Brother’s youngest sibling, Mark Zuckerberg–the boy who wouldn’t grow up, but who instead created an app for Room 101. Read more: https://artistrightswatch.com/2019/03/18/facebook-and-the-enemy-within-t-bone-burnetts-keynote-at-sxsw-2019/

There probably has never been as revealing an insight into Google’s short, loathsome and treacherous lifespan as the Article 13 legislative process in the European Parliament.  It has put a microscope on Google’s fake lobbying campaign, but it also shows the extent of Google’s influence peddling to protect its profits from the European version of … Continue reading "@GTP_Updates May Explain Concentrations of Article 13 Astroturf"

In case you had any doubts, YouTube’s antics in pushing its messaging on copyright reform in Europe should dispel the idea that it is a neutral platform. Read more: https://artistrightswatch.com/2019/03/18/whats-good-for-the-goose-europe-for-creators-asks-for-equal-time-on-youtube-for-their-pro-article-13-messages/

For a long time, China has been the largest FDI (global foreign direct investment) recipient among developing countries, and the second largest in the world, right after the United States (see below the Figure fromUNCTAD.org). According to the UN in 2018 when, the FDI flows continued their slide, China, however, “bucked that trend and was the largest … Continue reading "A brief introduction of the new Chinese Foreign Investment Law and its protection for IPR"

As the very final vote on the European Copyright Directive gets ever closer, music industry campaigners have sent an open letter to YouTube boss Susan Wojcicki. In it they suggest that – given her company is so keen on freedom of expression – she should deliver the music community’s position on the incoming copyright reforms … Continue reading "Campaigners say free-speech loving YouTube should pass on the music industry’s article thirteen arguments too"

The debate on the reform of EU copyright law has many facets and a considerable part of the discussion takes place on Twitter. Read more: https://thetrichordist.com/2019/03/17/grassroots-or-us-cyberturf-who-tweets-on-eu-copyright/

Music streaming has always been a cutthroat market, with the leading companies not having many positive things to say about one another. But things became particularly heated this week when a small tweak to U.S. copyright rules — which actually happened a whole year ago and is resurfacing now because of a new development — set … Continue reading "Apple and Spotify Are Dueling Over How Much to Pay Songwriters"

A row between Equity and Virgin Trains concerning voice-over artists has intensified after the head of the actors’ union accused the rail operator of having an “offensive” lack of understanding for the entertainment industries. Read more: https://www.thestage.co.uk/news/2019/equity-calls-meeting-virgin-trains-following-ill-judged-offensive-defence-voice-competition/

The American Federation of Musicians — at a press conference prior to holding negotiations for a new contract with movie studios — indicated that they are seeking fair streaming media residuals for content created for the Internet. Read more: https://www.digitalmusicnews.com/2019/03/15/american-federation-of-musicians-streaming/

UPDATED with new information: The WGA’s efforts to “divide and conquer” the talent agencies by forcing them to sign its new Code of Conduct isn’t gaining much traction with the Association of Talent Agents. Of the ATA’s 113 member-agencies, only one has signed its new code, according to the guild. That agency, Deadline has learned, … Continue reading "One ATA Agency Breaks Ranks & Signs WGA’s Proposed Code Of Conduct – Update"

Cloud Services are often used for communicating, distributing and reproducing digital content, since IP based devices are nowadays a common means for exploiting such content and the IP connection between client devices and servers is made simpler with the use of virtualized resources in Cloud. We noted in a previous post (see here) that some Member … Continue reading "Digital Single Market and Cloud Services: the legal implications of the Cloud on copyright laws and CSPs’ liability"

The Recording Industry Association of America (RIAA) is now blasting a federal judge that ruled in favor of YouTube stream-rippers FLVTO.biz and 2conv.com in January.  In a sharply-worded appeal, the RIAA’s hired attorneys sharply criticized U.S. District Court judge Claude M. Hilton, who ruled that the RIAA and its major label clients simply lacked proper jurisdiction in … Continue reading "Following Its Stream-Ripper Defeat, RIAA Blasts a Federal Judge for Giving ‘Carte Blanche to Internet Pirates’"

Less than two months after AMC and Fear The Walking Dead producers were burned in their desire to see Melvin Smith’s copyright lawsuit dismissed, both sides have struck a deal. Read more: https://deadline.com/2019/03/fear-the-walking-dead-copyright-lawsuit-settlement-1202575886/

Chad Hurley and Steven Shih Chen, two former PayPal colleagues who co-founded YouTube in 2005, were once so reviled in traditional-media circles that their company elicited a billion-dollar lawsuit by Viacom. Read more: https://deadline.com/2019/03/youtube-founders-get-emmy-awards-lifetime-achievement-1202576002/

UPDATED with post-talks statement by ATA executive director and opening statement by WGA West president: The WGA and the Association of Talent Agents met today for the second time this week to hammer out a new franchise agreement ahead of the April 6 deadline for a deal. Little progress was made, but the two sides … Continue reading "No Progress In WGA Talks With ATA As Guild’s Latest Offer Deemed “Lipstick On A Pig”; Read Both Sides’ Statements – Update"

Japan wanted more restrictions on piracy. The local creative content community unequivocally said, “No.” Read more: https://www.digitalmusicnews.com/2019/03/13/japan-scraps-anti-download-bill/

Streaming music giant Spotify has filed an anti-competition complaint against Apple with the European Commission, the regulatory body of the European Union. Read more: https://www.hollywoodreporter.com/news/spotify-files-european-anti-competition-complaint-apple-1194352

Hong Kong (CNN Business)- Rupert Murdoch’s Australian media company is calling for the breakup of Google, saying the US tech company wields too much power over news outlets and online advertisers. Read more: https://edition.cnn.com/2019/03/12/tech/news-corp-google-break-up/index.html

In a culturally adventuresome legal dispute, ComicMix has successfully defended its mashup of Star Trek and Dr. Seuss against a lawsuit brought by Dr. Seuss Enterprises. Read more: https://www.hollywoodreporter.com/thr-esq/star-trek-dr-seuss-mashup-deemed-a-fair-use-by-judge-1194166

A two-hour meeting Tuesday afternoon between the Writers Guild of America and the talent agencies was a “constructive” and “respectful” session, according to agency sources, during which the Association of Talent Agencies presented a set of counterproposals to the WGA titled “Statement of Choice.” Read more: https://www.hollywoodreporter.com/news/agents-present-counteroffer-wga-constructive-meeting-1194284

We’re told that Article 13 will ‘break the internet’, and one of the ways it would cause that is by forcing YouTube and similar sites to shut down, or block EU users from uploading or accessing the site, or impose some other draconian resolution. This would supposedly happen because there is far too much content … Continue reading "Is There Really A Problem?"

Yesterday, Spotify issued a statement clarifying why it appealed the Copyright Royalty Board’s songwriter royalty increase. That prompted a point-by-point, furious response from the president of the National Music Publishers’ Association. Read more: https://www.digitalmusicnews.com/2019/03/12/nmpa-spotify-falsehoods/

Just hours before resuming negotiations with the Association of Talent Agents for a new franchise agreement, the WGA released a 16-page report this morning that accuses the major agencies of running a vertically integrated “cartel” that has cornered the market on Hollywood’s talent. Read more: https://deadline.com/2019/03/wga-report-talent-agencies-cartel-talks-resume-today-1202574058/

UPDATED with talks ending for day, new talks scheduled: The WGA and the Association of Talent Agents have scheduled another meeting for Thursday after concluding negotiations today, the first meeting between the two sides since February 19. The talks come in advance of the April 6 expiration of their current franchise agreement. Read more: https://deadline.com/2019/03/talent-agents-wga-talksata-offers-transparancy-and-disclosure-but-wont-give-up-packaging-and-production-ties-1202574691/

Spotify has responded to the barrage of criticism that has followed its decision to appeal the ruling made by the US Copyright Royalty Board regarding the royalty rates streaming services should pay to songwriters and music publishers. It insists that it is fine with the top-level revenue share rate increase, but says that the devil is in … Continue reading "Spotify defends its appeal of the new US songwriter royalty rate"

Maybe passing the Music Modernization Act (MMA) was the easy part. What? It was a momentous achievement for a previously fractured music industry. The Music Modernization Act, signed into law by President Trump in October of last year, signaled a brand-new level of cooperation between music publishers, streaming platforms, the radio industry, and the broader … Continue reading "Our Latest Podcast: Now That the Music Modernization Act Has Passed, Who’s Gonna Run the Damn Thing?"

Last week, a Los Angeles Superior Court jury got to hear a new Columbo mystery and came to the conclusion that Universal City Studios wasn’t allowed to deduct $160 million in distribution fees for the 1970s detective series. The verdict amounts to a big initial win for series co-creator William Link and the heirs of co-creator Richard … Continue reading "‘Columbo’ Creators Win First Phase of $135M Profits Trial Against Universal"

WarnerMedia CEO John Stankey, who is overseeing AT&T’s takeover and integration of Time Warner, made $16.55 million in 2018, up 64 percent from $10.01 million a year before. Read more: https://www.hollywoodreporter.com/news/warnermedia-ceo-john-stankeys-salary-jumps-1655-million-1193855

As the clock ticks down to what may be an April 7 showdown between the talent agencies and the Writers Guild of America, the fight for scribes’ loyalties continued Monday afternoon with an email from United Talent Agency CEO Jeremy Zimmer to the firm’s writer clients. Ranging from the personal to the business-like, the email covered a … Continue reading "Fight for Writers’ Affections Continues With UTA Letter"

The WGA has released another batch of horror stories its members are sharing about being screwed over by their agents because of packaging deals. “My agent tried to talk me out of taking a job as a writer on a show that is now on lists of all-time greatest TV shows because it wasn’t packaged by them,” … Continue reading "WGA Airs More Complaints From Writers About Agents’ “Conflicts Of Interest”"

Less than a day before the Writers Guild of American and the Association of Talent Agents are set to have their first formal meeting in nearly a month, and two weeks before a big Code of Conduct vote that could see scribes exiting their agencies in droves, UTA’s Jeremy Zimmer has admitted to clients that “we aren’t saints.” Read more: https://deadline.com/2019/03/hollywood-agents-we-arent-saints-jeremy-zimmer-uta-writers-contract-1202573929/

Early last month, the US Copyright Board (CRB) officially ruled in favor of a 44% increase on streaming music royalties for songwriters and publishers. Read more: https://www.digitalmusicnews.com/2019/03/11/spotify-amazon-google-pandora-backlash/

The Music Modernization Act, signed into law by President Trump in October of last year, signaled a brand-new level of cooperation between music publishers, streaming platforms, the radio industry, and the broader tech industry. Read more: https://www.digitalmusicnews.com/2019/03/11/music-modernization-act-mma-mlc-amlc/

Last week, Spotify — along with Amazon, Google, and Pandora — started the process of appealing a Copyright Royalty Board ruling that would ultimately increase songwriter and publisher royalties by 44%. Read more: https://www.digitalmusicnews.com/2019/03/11/spotify-suing-songwriters-statement/

For author Kevin Kwan, there wasn’t a better place to premiere the film adaptation of his book, “Crazy Rich Asians,” than Los Angeles’ Chinese Theatre. For more than 90 years, it has stood as a symbol of the dreamy elegance of Hollywood. With its Chinese artifacts and architecture, the building is also a symbol of … Continue reading "This is the man who said ‘No’ to Netflix"

On Thursday, music publisher EMI executed the second part of its plan to hold onto Kanye West by hitting the hip-hop star with a breach-of-contract lawsuit in New York. Read more: https://www.hollywoodreporter.com/thr-esq/emi-claims-kanye-west-breached-deal-by-suing-freedom-california-1193247

The WGA said Friday that it will release a new report Tuesday “detailing the Big Four talent agencies’ conflicted business practices that harm Hollywood’s writers.” Read more: https://deadline.com/2019/03/wga-says-it-will-release-report-on-big-four-agencies-conflicted-and-illegal-practices-1202572386/

U.K. culture secretary Jeremy Wright, at an industry conference in London on Thursday, lauded streaming giants Netflix and Amazon for their growing role in Britain’s media landscape but also signaled that they could face some form of regulation in the future. Read more: https://www.hollywoodreporter.com/news/uk-culture-secretary-hints-at-netflix-amazon-regulation-1192602

With just a month to go before the April 6 expiration of the WGA’s franchise agreement with the Association of Talent Agents, David Shore, the co-chair of the guild’s negotiating committee, says he has first-hand knowledge that the ATA is “either naïve or disingenuous” about one of its key arguments about packaging deals. Read more: https://deadline.com/2019/03/wga-ata-david-shore-packaging-fees-1202571553/

Spotify and Amazon have now officially come out in opposition to the ruling, in what the National Music Publishers Association (NMPA) has called a “shameful” move which equates to “suing songwriters”. Read more: https://www.musicbusinessworldwide.com/spotify-and-amazon-sue-songwriters-in-appeal-against-royalty-rise-in-the-united-states/

Let’s face it.  ReDigi never had a viable business model to start with. Founded in 2011, users on the online marketplace could buy and sell ‘verified’ used MP3s.  Once subscribed, users could download and install the ReDigi marketplace application. Unfortunately, the music industry didn’t agree with the company’s business model.  So, taking the online marketplace … Continue reading "After Six Years and Two Court Defeats, ‘Used MP3’ Service ReDigi Appeals to the Supreme Court"

Although Walking Dead creator Robert Kirkman is still in the early stages of his profits lawsuit over the mega-hit zombie franchise, his attorney is frustrated by a lack of immediate explanation from AMC about how the company has come to some of its decisions on the accounting front. In a status conference report filed in Los Angeles … Continue reading "‘Walking Dead’ Producers Say AMC Won’t Explain Basis for Denying Hundreds of Millions in Profits"

The Association of Talent Agencies on Wednesday fired back at the Writers Guild of America in a letter declaring that the ATA, on behalf of the agencies, was “ready, willing, and able to meet with WGA leadership and members at any time” and disagreeing with WGA contentions that the parties were at an “impasse” and … Continue reading "Agencies Sign Joint Letter as Writers Guild Labels System “Corrupt”"

The WGA is taking on Netflix over the residuals it owes guild members. Deadline has learned that the union has filed an arbitration claim against the streaming giant over residuals owed to the writers of 33 of its original films that were released in theaters for awards consideration at or near the same time that they were made available … Continue reading "WGA Files Arbitration Claim Against Netflix Over Residuals From 33 Original Films"

The Association of Talent Agents notified the WGA today that it remains “ready, willing and able” to resume negotiations for a new franchise agreement “at any time” – taking issue with WGA West president David A. Goodman’s claim that the talks have hit an “impasse” and that he expects the agencies “to break off talks” … Continue reading "ATA Says It Remains Ready To Resume Talks “At Any Time”; WGA Response: “We Hope To Reach A New Agreement” – Update"

Donald Glover – better known as Childish Gambino – has finally settled his long-running legal battle with former indie label, Glassnote Records. Read more: https://www.digitalmusicnews.com/2019/03/04/gambino-v-glassnote-settlement/

Almost a year ago, Kanye West appeared at TMZ headquarters and said, “When you hear about slavery for 400 years … that sounds like a choice … It’s like we’re mentally imprisoned.” Read more: https://www.hollywoodreporter.com/thr-esq/kanye-west-is-contractually-barred-retiring-1191995

The U.S. Supreme Court unanimously ruled on Monday that copyright owners must wait for registration before pursuing infringement claims in court. The decision settles a circuit split wherein certain courts had previously held that merely applying for registration was enough to satisfy the statutory prerequisite for a lawsuit. Read more: https://www.hollywoodreporter.com/thr-esq/supreme-court-holds-copyright-owners-wait-registration-sue-1192061

Several days ago, De La Soul published the news of an ugly ongoing feud with their label, Tommy Boy Records. Amidst a potentially complex legal dispute over sample clearances from their debut album, the hip-hop trio’s label dropped De La Soul’s extensive catalog from all streaming music platforms last night. The date coincided with the … Continue reading "De La Soul’s Catalog Pulled from Streaming Services at the 11th Hour"

ASCAP and BMI say they’re stodgy, antiquated laws. But a consortium of radio stations, restaurants, hotels, and major tech giants like Spotify and Google/Alphabet are defending the Department of Justice’s long-running Consent Decrees as necessary safeguards.

SAG-AFTRA has taken its ongoing strike against the Bartle Bogle Hegarty ad agency to a quiet neighborhood street in Brentwood, picketing outside a house there where BBH is shooting a non-union commercial for Samsung. The agency had been signatory to SAG-AFTRA’s contract for nearly 20 years but said in September that it was going non-union. Read more: https://deadline.com/2019/03/sag-aftra-pickets-bbhs-non-union-samsung-ad-shoot-1202568347/

The WGA pitched dozens of Hollywood’s top talent attorneys today on its plan to order guild members to fire their agents if the guild doesn’t get what it wants at the bargaining table. Some 35-40 lawyers attended one of the two meetings, and a like number is believed to have attended the other. The deadline for a … Continue reading "WGA Makes Its Pitch For A Walkout To Hollywood’s Lawyers"

The Writers Guild of America met Thursday morning with upwards of a hundred talent managers to seek their support in the guild’s battle against talent agents, but the meeting went badly for the WGA, according to multiple attendees. The guild was unable or unwilling to answer basic questions of strategy or goals or to reassure … Continue reading "Writers Guild Stumbles as It Attempts to Enlist Managers in Fight Against Agents"

The U.S. music industry grew 11.9 percent to $9.846 billion in 2018 from the $8.797 billion tallied in 2017, thanks to continuing explosive growth from streaming, which jumped 30.1 percent to $7.37 billion from the prior year’s total of $5.66 billion. Read more: https://www.billboard.com/amp/articles/business/8500502/

The U.S. Department of Justice is seriously considering the removal of 1941-dated performance royalty consent decrees.

On-again off-again negotiations between the WGA and the Association of Talent Agents for a new franchise agreement have hit another snag. Read more: https://deadline.com/2019/02/writers-guild-talent-agents-talks-stall-again-1202567620/

That’s according to a new report from Distil Networks.  The report analyzed 26.3 billion requests from 180 domains between September and December of 2018. Distil, which specializes in tracking bot migration, revealed a study analyzing the impact of bots in the ticketing industry. Read more: https://www.digitalmusicnews.com/2019/02/28/bots-ticketing-traffic/

De La Soul isn’t too happy right now. The hip-hop trio’s catalog will soon drop on all major streaming music services – except TIDAL.  That’s great news for fans.  Unfortunately, not for the group. The release of De La Soul’s classic catalog concludes a lengthy dispute between the trio and their label, Tommy Boy Records, over … Continue reading "De La Soul Says They’re Only Getting 10% of Their Streaming Revenues"

In a decision from 12 September 2018, the French Court of Cassation (hereafter: “the Court”) defines the notion of fixation of the performance of a performer in order to determine the date of such fixation for several works. This decision is particularly interesting as it deals with an issue that has mostly been disregarded so far … Continue reading "French Court of Cassation Defines Notion of “fixation” of the performance"

It’s been decades since the talent agencies were exclusively “tenpercenteries,” making their living by charging clients a set commission. Now, particularly in television, key agencies rely heavily on packaging fees paid not by clients but by the studios that employ their clients. That’s been the practice for about 60 years. And more recently, the three … Continue reading "What’s at Stake as Hollywood Writers Go to War With Their Agents"

In December 2017, Rupert Murdoch stunned Hollywood by announcing the sale of most of 21st Century Fox to Disney. “A momentous occasion,” Murdoch called the $71.3 billion deal, which came as digital streamers were disrupting the entertainment status quo. Netflix and Amazon Prime may now be just as important as broadcast television ever was. Meanwhile, the old studio … Continue reading "Fox Rocked by $179M ‘Bones’ Ruling: Lying, Cheating and “Reprehensible” Studio Fraud"

The Canadian Musical Reproduction Rights Agency, Ltd. (CMRRA), Canada’s leading music reproduction rights collective, has announced a new service allowing publishers and songwriters to search for unmatched uses of their material and pursue payments for that work. Read more: https://www.billboard.com/biz/articles/8500117/cmrra-unveils-new-service-helping-canadian-publishers-songwriters-search-for

A pivotal law for screenwriters and directors in Colombia, the Pepe Sanchez Law, was reaffirmed on Friday, February 22nd in a court challenge. The Pepe Sanchez Law set a precedent for audiovisual sectors worldwide when it was adopted in May 2017 with support from CISAC, Writers & Directors Worldwide, the Latin American Audiovisual Directors Alliance (ADAL), DASC, REDES and DAC. The law established for … Continue reading "CISAC welcomes court decision validating Pepe Sanchez Law in Colombia"

Amid pressure from the digital media company’s staff union, Vox Media CEO Jim Bankoff on Tuesday told employees that the company will not enforce existing mandatory arbitration clauses in employment agreements and will not include them in future contracts. Read more: https://www.hollywoodreporter.com/news/vox-media-drops-mandatory-arbitration-clauses-union-push-1190939

Today, the European Parliament’s Legal Affairs committee adopted the provisional agreement on the Copyright Directive by 16 votes in favour and 9 against. As representatives of hundreds of thousands of authors, including film/TV directors, writers, literary translators, composers, songwriters, and screenwriters in Europe, we welcome this strong, cross-party support leading to the final adoption of … Continue reading "PRESS RELEASE – EUROPEAN PARLIAMENT’S LEGAL AFFAIRS COMMITTEE VOTE ON THE COPYRIGHT DIRECTIVE"

Now that the Music Modernization Act (MMA) is law, who should be implementing it? Maybe passing the Music Modernization Act into law was the easy part. Now, attention has shifted towards critical implementation details, with major publishers arguing that a selection process is unnecessary to fulfill the duties of the Mechanical Licensing Collective, or MLC. … Continue reading "NMPA Urges Members to Support the ‘Industry Consensus’ MLC — ‘We Urgently Need Your Help’"

The 116th U.S. Congress and Democratic majority in the House of Representatives are barely two months old, yet special interest groups working against the interests of music creators are already up to their old tricks. Read more: https://www.billboard.com/articles/business/radio/

Across the whole of 2018, the three major recorded companies combined generated an average of $19m each day – or just under $800,000 per hour – from streaming services. Read more: https://www.musicbusinessworldwide.com/the-major-labels-generated-over-1-5bn-more-from-streaming-in-2018-than-they-did-in-the-previous-year/

The Society of Composers, Authors, and Music Publishers of Canada (SOCAN) has published its preliminary year-end results for 2018. Read more: https://www.digitalmusicnews.com/2019/02/22/socan-2018-preliminary-financials/

Striving to maintain unity in the face of a Writers Guild of America “divide and conquer” attack, the Association of Talent Agents sent a memo flagged “High Priority” on Friday afternoon urging its members not to be misled by WGA “misinformation and myths” intended to cleave off the smaller agencies and leave the big four … Continue reading "Talent Agency Association Sends Urgent Notice to Members as Writers Guild Battle Escalates"

For the first time under Italian law a platform (Facebook) has been found liable for hosting third-party links to unlicensed content. The decision was issued by the Rome Court of First Instance a few days ago: it is Tribunale di Roma, sentenza 3512/2019. Read more: http://ipkitten.blogspot.com/2019/02/facebook-found-liable-for-hosting-links.html

The war between the Writers Guild of America and the talent agencies escalated Thursday evening with an email from the WGA to all talent agencies providing them with a copy of the WGA’s proposed code of conduct and a letter of adherence to sign if they desired. Meanwhile, The Hollywood Reporter has learned that WME — one … Continue reading "Writers Guild, Talent Agent Battle Heats Up as WGA Sends Out New Agency Code of Conduct"

Radio lobbyists and a bipartisan coalition of lawmakers in Washington D.C. are backing the latest iteration of the Local Radio Freedom Act, which would limit royalties radio stations have to pay on recordings. Read more: https://www.billboard.com/biz/articles/news/legal-and-management/8499536/radio-royalty-bill-introduced-in-congress-again

While Alexander Shuckburgh co-wrote “All the Stars” from “Black Panther” alongside Kendrick Lamar & SZA, he won’t get up onstage if the song wins Sunday night. Read more: https://www.billboard.com/biz/articles/8499521/oscar-best-original-song-rules-leave-some-songwriters-out-in-the-cold

This op-ed is by the American Music Licensing Collective (AMLC), one of two announced groups so far planning to submit an application to the U.S. Copyright Office to form the mechanical licensing collective (MLC) that was created by the Music Modernization Act to oversee the blanket mechanical license that the law also establishes. The U.S. Register of … Continue reading "American Music Licensing Collective Says ‘Competition Is Needed’ In Forming Music Modernization Act’s MLC (Guest Op-Ed)"

Just a day after the Writers Guild of America and Association of Talent Agents held a meeting that an agency-oriented source described as “a step in the right direction” towards a negotiated renewal of the WGA-ATA agreement, the guild posted video, audio, and text of a Feb. 13 speech to members by the organization’s president that makes clear the … Continue reading "Writer Guild Sets Vote Targeting Talent Agents: “We Are Making a Power Grab — Divide and Conquer”"

YouTube today announced new penalties for creators who violate its Community Guidelines. Read more: https://www.pcmag.com/news/366615/youtube-introduces-one-time-warning-new-strike-penalties?utm_source=email

Almost three years after the law firm Michelman & Robinson filed a putative class-action lawsuit against Rhapsody International on behalf of David Lowery and fellow songwriters Victor Krummenacher and David Faragher for infringing their mechanical rights, a deal to end the case is moving forward. Read more: https://www.billboard.com/biz/articles/8498799/settlement-approval-motion-filed-in-rhapsody-class-action-case

Earlier this year, in the first major strategic move from recently appointed CEO Kenichiro Yoshida, Sony bought Mubadala’s 60% stake in EMI Music Publishing.  The Japanese conglomerate agreed to pay $2.3 billion.  Several months later, Sony purchased the remaining 10% from the Michael Jackson estate for $287.5 million, making EMI Music Publishing a wholly-owned entity. … Continue reading "Sony/ATV CEO Martin Bandier Scores $100 Million Alone from EMI Music Publishing Acquisition"

Kat friend Fredy Sánchez Merino brings us another review of recent IP developments in Latin America, this time with a focus on the Southern Cone. Read more: http://ipkitten.blogspot.com/2019/02/ip-news-from-southern-cone.html

Senate Judiciary Committee chair Sen. Lindsey Graham (R-S.C.) has asked the Justice Department to hold off on lifting the consent decrees on music licensing groups ASCAP and BMI until he has had a chance to discuss them with antitrust chief Makan Delrahim. Read more: https://www.broadcastingcable.com/news/graham-seeks-doj-meeting-before-decision-on-ascap-bmi-consent-decrees

The EU has finally settled on the wording of its Digital Single Market copyright reform package, a three-years-in-the-making effort, greeting the agreement with a sizzling rebuke of the “misinformation campaigns” around the measures. Read more: https://www.theregister.co.uk/2019/02/14/

For those of you, who don’t know nor care about what the Copyright Directive is nor any of the articles within it, look away now. Take this test: Type in ‘EU Copyright Directive’ into the search box in Youtube. The majority of results in the top 20 will be passionately against it. Here’s some of … Continue reading "The Copyright Directive: how the mob was told to save the dragon and slay the knight"

The text was finalised this evening (February 13) after the final phase of talks started on Monday (February 11). The latest development is a major step toward the final adoption of the bill by the European Parliament. Read more: https://www.musicbusinessworldwide.com/final-article-13-text-approved-as-european-copyright-directive-talks-conclude/

At last, after several weeks, several discussions, and after France and Germany achieved a compromise on some key provisions in the draft Directive on copyright in the Digital Single Market [Katpost here], tonight an agreement has been reached between the European Parliament and Council negotiators on the content of this new piece of legislation. Read more: http://ipkitten.blogspot.com/2019/02/breaking-agreement-on-dsm-directive.html

As conversations resume to try and agree a final, final draft of the European Copyright Directive, another flurry of groups representing the creative industries issued a statement yesterday urging the European Commission, European Parliament and EU Council to plough on and get the copyright reforming directive to the finish line. Read more: https://completemusicupdate.com/article/artists-and-songwriters-urge-eu-to-bring-copyright-directive-to-a-successful-conclusion/

Last week, when the Copyright Directive – most notably, Article 13 – appeared to fade into obscurity, France and Germany reached a new agreement. Under the compromise, the bill would now apply to all European for-profit platforms. Read more: https://www.digitalmusicnews.com/2019/02/11/article-13-copyright-directive-eu-music-industry/

Championed by Ed Sheeran and signed by Island Records, her smart, straight-talking lyrics and catchy pop hooks earned her a top 20 album and a dedicated group of fans cringingly dubbed “The Nesbians”. Read more: https://www.bbc.co.uk/news/entertainment-arts-47147888

With just two months to go before a key contract between the Writers Guild of America and the Association of Talent Agents terminates, the two organizations are nowhere near resolving fundamental differences over how agencies function and get paid in a rapidly evolving entertainment industry. The two organizations finally met on Tuesday, 10 months after … Continue reading "Talent Agents, Writers Guild at Odds as Contract Expiration Nears"

Spain’s Ministry of Culture has blocked the distribution of royalty advances of more than 2.5 million euros (over $2.8 million) by SGAE, the embattled Spanish rights society. The move comes after the Spanish Minister of Culture announced he was seeking a partial government takeover of the embattled rights society. Read more: https://www.billboard.com/biz/articles/news/legal-and-management/8497256/spains-ministry-of-culture-blocks-sgae-authors

In an open letter issued to the press today (February 7) the group of organizations said that they “are not able to support [the Directive] or the impact it will have on the European creative sector”. Read more: https://www.musicbusinessworldwide.com/article-13-disaster-for-music-biz-joy-for-youtube-as-labels-call-for-eu-copyright-bill-to-be-cancelled/

Five years ago, Nick Holmsten was on a mountain, skiing with his wife and teenage son and daughter, when he got the phone call that would shape his life. Spotify CEO Daniel Ek wanted a meeting. A week later, Holmsten realized Ek’s purpose: Spotify was interested in acquiring Tunigo, the music discovery app that Holmsten … Continue reading "Spotify Music Head on Muting Artists and That R. Kelly Debacle: “Our Intentions Were Good”"

Woody Allen says Amazon has no right to terminate a deal for the production and distribution of films. In 2014, Amazon was looking to make a big move into original content and entered into a deal with the filmmaker for a series titled Crisis in Six Scenes. Then came a series of more agreements for four … Continue reading "Woody Allen Sues Amazon for Terminating Movie Deal"

A New York appellate court on Thursday reversed a ruling that previously allowed the company that first signed musical superstar Drake to pursue profits claims against Universal Music. Read more: https://www.hollywoodreporter.com/thr-esq/universal-wins-appeal-profits-dispute-drake-albums-1183793

The level of anxiety on the 20th Century Fox lot in West Los Angeles spiked on a recent Thursday afternoon when employees received a mass email advising that parking lots would be at capacity the following day. Was the Walt Disney Co. purchase of the storied studio finally done? Had an army of human resources … Continue reading "Anxiety, AWOL Executives and “Bloodshed”: How Disney Is Making 21st Century Fox Disappear"

Last year, songwriters and publishers scored a major increase in streaming royalty rates.  Now, that 44% rate bump has been officially published by the U.S. Copyright Royalty Board, though streaming services have 30 days to challenge the increase. Read more: https://www.digitalmusicnews.com/2019/02/06/u-s-copyright-royalty-board-crb-war/

It’s been more than five years since Frank Darabont and Creative Artists Agency sued AMC over profits to The Walking Dead. So what’s one more? Read more: https://www.hollywoodreporter.com/thr-esq/walking-dead-trial-set-may-2020-1183062

For the past decade, a number of prominent musicians including Tom Petty and Bob Dylan have quietly attempted to reclaim rights to songs by serving notices of termination to publishers and record labels. Often, like in the case of Prince, these notices become invitations to renegotiate deals for more favorable royalty arrangements. But according to … Continue reading "Musicians Attempt Class Actions Against UMG, Sony to Reclaim Rights to Recordings"

Last year’s Music Modernization Act in the US had a grand plan to sort of the mechanical rights mess that has fucked up the American streaming sector so much in recent years. And that grand plan was to set up a proper mechanical rights collecting society Stateside for the first time. But the question is: … Continue reading "Group bidding to run new US mechanical rights society claims “overwhelming” industry support"

The International Confederation of Societies of Authors and Composers (CISAC) plans to ‘overhaul’ the global information system of the International Standard Musical Works Codes (ISWC). Read more: https://www.musicbusinessworldwide.com/cisac-to-carry-out-major-upgrade-to-international-musical-work-identifier-system/

Paris, France – February 4th, 2019 – The International Confederation of Societies of Authors and Composers (CISAC) has enlisted Dublin-based software company Spanish Point Technologies to upgrade the global information system of the ISWC (International Standard Musical Works Codes), the unique code that identifies musical works and links them to their creators. Read more: http://www.cisac.org/Newsroom/News-Releases/CISAC-launches-major-project-to-upgrade-the-international-musical-work-identifier

Well, at least we’re not arguing over a wall.  Let’s just hope a government exists in the coming months to help arbitrate the industry’s latest scuffle. Earlier today (Monday), a large coalition of major publishers and industry groups submitted their initial plans to take over the Mechanical Licensing Committee, or MLC, a group designated under … Continue reading "The NMPA Submits Their Mechanical Licensing Committee (MLC) Proposal — And Calls for a No-Bid Contract"

Facebook makes you sit up and take notice. The British former Deputy Prime Minister Nick Clegg, a new Head of Global Affairs for Facebook, was barely introduced when he made his first interesting public statements. “Regulation is not so bad,” Clegg told the Financial Times. As a former senior member of the government, presumably this … Continue reading "EU Tech Lobbying: Tricks-Camouflage-Deception"

CISAC has welcomed the decision by the Czech Republic Chamber of Deputies to reject an amendment to the country’s copyright law that would have set back fair remuneration for creators and rightsholders. The rejection came after a joint submission opposing the measure by ICMP, CISAC, GESAC, IFPI, IMPALA, and other international rights holder representative organisations. Read more: http://www.cisac.org/Newsroom/Articles/CISAC-and-international-organisations-hail-Copyright-Act-vote-by-Czech-Republic

There is an emerging concern around a group we call our shadow regulators. These are not for profit organisations that have a monopolistic control over the business community on some niche issue. Read more: https://www.smh.com.au/business/small-business/a-law-unto-themselves-shadow-regulators-must-be-reviewed-20190129-p50ue0.html

Looks like ‘hugging it out’ isn’t an option in this ugly legal war. Just this week, performance rights organization Global Music Rights (GMR) and terrestrial radio group Radio Music Licensing Committee (RMLC) continued to spar over royalty obligations in U.S. District Court.  RMLC says GMR is trying to bully major radio broadcasters into paying higher performance … Continue reading "Irving Azoff’s GMR Accused of ‘Deliberate Witness Intimidation’ In Radio Licensing Dispute"

With the UK due to leave the EU in less than two months, we are still no closer to clarity on the basis on which this will take place.  Earlier this month, Parliament voted against the deal proposed by the Prime Minister, with the deal only finding support from around 31% of members of parliament. … Continue reading "What would a no-deal Brexit mean for copyright in the UK?"

US-based collection and licensing society SoundExchange paid $952.8m to artists and record labels in 2018. That figure was up 46.2% on 2017, when the organization distributed $652m to its recorded music members. The 2018 payout would have included a $150m settlement agreed with Sirius XM, which was passed to SoundExchange on or before July 7 last year. … Continue reading "SOUNDEXCHANGE PAID $953M TO ARTISTS AND LABELS LAST YEAR – AN ALL-TIME RECORD"

For a small but committed band of activists strongly opposed to copyright reform, Jan. 19 was supposed to be a day of protest across Europe. Uniting under the slogan #StopACTA2 — a reference to the Anti-Counterfeiting Trade Agreement that was defeated in 2012 — and backed by numerous open rights groups, demonstrations were scheduled to … Continue reading "Article 13, YouTube and What’s Really Going on in Brussels (Column)"

Late last month, Digital Music News updated its list of what streaming music services pay. Thanks to information from third-party websites and actual artists, we ranked these services according to their per-stream rate. Read more: https://www.digitalmusicnews.com/2019/01/30/2018-streaming-music-price-bible/

Back in the late 80s and early 90s, Jesus Jones were a successful indie band, with hits like International Bright Young Thing and Right Here, Right Now. Now older, the band have other jobs but are still keen to keep on playing to the legion of fans who remain loyal to the group. Read more: https://www.bbc.co.uk/news/technology-47015855

When the deal is officially finalized, it will bring to an end the short tenure of current Pandora CEO Roger Lynch. After Lynch’s exit, Spotify rival Pandora will come under the direct purview of Jim Meyer, CEO of Sirius. Read more: https://www.musicbusinessworldwide.com/why-is-siriusxm-buying-pandora-in-a-3-5bn-deal-and-whats-it-going-to-do-with-a-music-streaming-platform/

This data set is isolated to the calendar year 2018 and represents a mid-sized indie label with an approximately 250+ album catalog now generating almost 1b streams annually. 2018 is the year we saw streaming truly mature as the dominant source of recorded music revenues. Read more: https://thetrichordist.com/2019/01/29/2018-streaming-price-bible-per-stream-rates-drop-as-streaming-volume-grows-youtubes-value-gap-is-very-real/

French collecting society SACEM has announced a rejig that will see its licensing, international and operational divisions integrated to “create a streamlined end-to-end solution to the identification, collection and distribution of royalties in order to ensure greater levels of transparency and value for its members”. The new combined unit will be headed up by Cécile … Continue reading "French society SACEM announces new division to streamline complex royalty process"

The marketing teams for the major upcoming competitors to Netflix have some more work to do: Despite a plethora of news stories about them, about 40 percent of American adults still don’t know that WarnerMedia and NBCUniversal have subscription services in the works, while 30 percent are unaware of a Disney product dubbed Disney+, according … Continue reading "How Much Are Consumers Willing to Pay for Streaming Services?"

At a special meeting of Pandora stockholders today (January 29), holders of approximately 75% of the outstanding voting power of Pandora voted, with approximately 97% of the votes cast in favor of the transaction. Read more: https://www.musicbusinessworldwide.com/pandora-ceo-roger-lynch-out-as-shareholders-approve-sale-to-sirius-xm/

Los Angeles-based indie startup Create Music Group unveiled a new function on Monday (Jan. 28) for its distribution platform that allows clients to access streaming revenue figures from YouTube, Apple Music/iTunes and Spotify on a daily basis. Read more: https://www.billboard.com/biz/articles/8495396/create-music-group-to-offer-clients-daily-youtube-apple-musicitunes-spotify

Perhaps aware that most of his recent litigation has related to the live side of his business, Kanye West has got 2019 underway by suing his record company, his music publisher and his merchandiser. And why the hell not, I say. Read more: https://completemusicupdate.com/article/kanye-west-sues-both-sony-and-universal/

The right of communication to the public (Article 3 Information Society Directive) is well-established in the Court of Justice of the European Union’s (“Court”) case-law: it no longer only encompasses more physical matters, such as broadcasting of television in hotels (SGAE, C-306/05), but also digital matters, such as linking to copyright infringing content (GS Media, C-160/15) and operating a platform … Continue reading "German BGH – Does YouTube Perform Acts of Communication to the Public?"

Open access advocates in the United States are celebrating the expiration, and non-renewal, of the Copyright Term Extension Act, which introduces into the public domain all works from 1923, and signals an end of the practice by US lawmakers to continually extend the terms of copyright protection. Read more: http://www.ip-watch.org/2019/01/25/open-access-advocates-see-end-us-copyright-term-extension-act-win-commons/

Spotify is currently hosting a pricey offsite meeting in Cancun, Mexico, with dozens or more executives and employees participating. Of course, Cancun isn’t usually associated with getting work done — unless that work involves repeatedly lifting rum cocktails.  But this offsite is reportedly focused on assembling content groups from various global offices.  Beyond that, we’re not sure … Continue reading "Spotify Can’t Find Songwriters Performing at Spotify High Roller Party in Cancun"

Mysterious musicians have cropped up on Spotify, racking up thousands of listens and (perhaps) hundreds of pounds. It’s a phenomenon that experts say could indicate a security flaw. But while Spotify denies that accounts have been hacked, the music streaming site has not explained how the playlists of some users indicate they’ve “listened to” musicians … Continue reading "The mystery tracks being ‘forced’ on your Spotify"

For the past few years, Apple has come to the Sundance Film Festival to wine and dine actors and filmmakers, host exclusive lounges, and stoke the mystery that has built up around the technology company within Hollywood. This year, the industry is counting on Apple finally coming to Park City with a more traditional mission … Continue reading "Sundance: Will New Streamers Create a Seller’s Market?"

A meeting planned for later today where European Union officials and law-makers would have had a good go at agreeing a final draft of the bloody European Copyright Directive was called off at the last minute on Friday, after the EU Council couldn’t agree on the most recent efforts at a compromise. The music industry’s … Continue reading "Article thirteen talks postponed because of disagreements in EU Council"

In an article recently published in the JIPITEC (and available here), I examined parts of the ongoing copyright reform process drawing on a case study on the Fair Internet for Performers Campaign. This process has been characterised by strong discourses centred on ‘fairness’. Using discourse analysis, I found the concept of fairness to be mostly dependent … Continue reading "Unwaivable equitable remuneration rights for performers: disruption or balancing of interests?"

In November, the firm was required to improve the information it gives to consumers, including details of the seller and seat numbers. The company now insists it is compliant with the legal requirements. Read more: https://www.bbc.co.uk/news/uk-46934015

Ed Sheeran is asking a New York federal judge to reconsider his bid to avoid a copyright infringement trial over his 2014 song “Thinking Out Loud.” Read more: https://www.hollywoodreporter.com/thr-esq/ed-sheeran-asks-court-reconsider-decision-thinking-loud-copyright-case-1172446

Directors UK and Bectu have slammed “sexist and intrusive” health insurance forms that force freelancers to disclose details of pregnancy, menstruation and mental health history to secure work. Read more: http://www.fairnessrocks.com/wp-content/uploads/2019/01/PDF-Unions-cover.pdf

Executives at non-profit organizations are routinely caught paying themselves lavish salaries.  Now, it looks like SoundExchange, which enjoys tax benefits as a 501(c)(6) non-profit entity, is also guilty of some questionable self-enrichment. Read more: https://www.digitalmusicnews.com/2019/01/17/

The Committee of Ministers of the Council of Europe issued a decision in December that constitutes an important recognition of the collective labour rights of self-employed persons, clearly recognising that their fundamental right to collective bargaining may not be restricted simply by virtue of their employment status. Read more: https://fia-actors.com/no_cache/media/news/news-detail/article/fia-warmly-welcomes-the-council-of-europe-recognition-of-bargaining-rights-of-self-employed-workers/

As signatories of this appeal, we fully support the combat of our friends in Create Denmark, which gathers a large number of organizations representing cinematographic and audiovisual creation in Denmark, and demand that all broadcasters, media service providers, and producers operating in Europe be required to comply with applicable laws, union rules, and collective agreements, … Continue reading "CALL FOR COMPLIANCE WITH APPLICABLE LAWS, COLLECTIVE AGREEMENTS AND REGULATIONS"

The joint FIA, FIM, UNI MEI and EFJ project on atypical work and social dialogue in our sector is reaching the end of its first year. It has been a productive year, with progress made towards the project ambition of developing and expanding experience and know-how on trade union organising of freelancers, self-employed and other … Continue reading "Reaching the Full Potential of Social Dialogue for Atypical Workers: Project Update"

Today, screenwriters and directors in Europe are often disconnected from the success of the works they create: many of us do not receive royalties from the exploitation of their works, while these are essential to bring more stability to mostly freelance and self-employed professional lives. Weak bargaining power in individual contract negotiation and uneven implementation … Continue reading "EU authors need a principle of proportionate remuneration to be enshrined in the Copyright Directive (Article -14)"

Brussels, 16 January – EUROPE FOR CREATORS is launching a new website and a newsletter, as part of a renewed effort to counter Google’s massive disinformation campaign around Article 13 of the European Copyright Directive. Read more: http://www.cisac.org/Newsroom/Society-News/Europe-for-Creators-launches-new-tools-to-counter-Google-s-unprecedented-lobbying

These forms are a staple for freelance production staff and too often require overly intrusive or gender-specific information, including details of mental health issues, pregnancy or menstruation. Directors UK, alongside BECTU, are worried that this can have a stigmatising effect – making it harder for people with mental health issues or pre-existing conditions to find … Continue reading "Directors UK calls for an end to intrusive insurer practices"

LOS ANGELES (Reuters) – A lawsuit brought by Beyonce over the sale of “Feyonce” items to engaged couples has been dismissed at the singer’s request, court documents showed on Wednesday. Read more: https://www.reuters.com/article/us-music-beyonce-lawsuit/beyonce-drops-lawsuit-over-feyonce-items-idUSKCN1PA2R4?feedType=RSS&feedName=entertainmentNews

Singer Rihanna has taken her father to court in the US, accusing him of exploiting her name to further his entertainment business. Read more: https://www.bbc.co.uk/news/business-46886311

Netflix is set to make its biggest subscription price increase ever Jan. 15 as programming and talent costs climb, which sent its stock soaring Tuesday morning up by $20.91, or just over 6 percent to $353.85. Read more: https://www.hollywoodreporter.com/news/netflix-sets-biggest-subscription-price-hike-report-1176148

You can’t make this shit up. In cabinet shakeup Justin Trudeau has appointed David Lametti as Minister of Justice and Attorney General. We are very familiar with Lametti and this dude is very bad news for artists, authors, filmmakers and performers. Read more: https://thetrichordist.com/2019/01/14/pro-piracy-law-professor-appointed-justice-minister-of-canada-attorney-general/

Paris, January 14th, 2019 – India’s music authors copyright society, the Indian Performing Right Society Limited (IPRS), has been welcomed back as a CISAC member after two of years of reform. Read more: http://www.cisac.org/Newsroom/News-Releases/CISAC-announces-re-admission-of-India-authors-society-IPRS

SAG-AFTRA and IATSE threw their support behind a strike called Monday by Actors Equity, telling The Hollywood Reporter that they supported the stage performers’ union action against the lab process used to develop new Broadway shows, particularly musicals. Read more: https://www.hollywoodreporter.com/news/sag-aftra-iatse-declare-support-actors-equity-strike-as-union-warns-strikebreakers-1175386

Storyboard artist Jorgen Klubien looks back fondly on his contribution to Disney’s hit 1994 film The Lion King and is proud that producers acknowledged his conceptualization of a key scene by awarding him a coveted “story” credit. That’s why it stung when he learned that his credit may not appear on this summer’s CGI-enhanced remake, due out … Continue reading "Why Original ‘Lion King’ Writers Are Losing Out With This Year’s Remake"

President Trump may have signed the Music Modernization Act (MMA) into law.  But he’s also throwing a gigantic monkey wrench into process required to transform the MMA into reality. Read more: https://www.digitalmusicnews.com/2019/01/10/american-music-licensing-collective-amlc-modernization-act-bid/

Antitrust agencies see copyright protection as a key driver of a competitive, innovative economy. But musicians, record labels and other copyright holders say that Google degrades their intellectual property rights through a combination of market power, regulatory capture and political sway. Should antitrust enforcers step in? Ron Knox reports Read more: https://globalcompetitionreview.com/article/1179029/the-copyright-killer

As the streaming arms race continues, with companies continuing to splinter into their own service, a new battleground seems to have opened up: free content. Read more: https://www.polygon.com/2019/1/10/18177252/imdb-streaming-service-freedive

On Jan. 6, 2016, Netflix CEO Reed Hastings stood onstage at CES in Las Vegas and declared that the audience was “witnessing the birth of a global TV network.” Now, three years later, the streaming behemoth is learning the unique challenges that come with being a content provider in more than 190 countries. Read more: https://www.hollywoodreporter.com/news/as-netflix-goes-global-saudi-arabia-isnt-trouble-spot-1174717

The New York branch of the musicians’ union threw its support behind a strike called Monday by Actors Equity, announcing Wednesday that it supported the performers’ union action against the lab process used to develop new Broadway shows, particularly musicals. Read more: https://www.hollywoodreporter.com/news/musicians-union-declares-support-actors-strike-1175024

Germany’s box office is coming off a bad year — preliminary figures suggest a double-digit drop in admissions and revenue — but the country’s home entertainment market is stronger than ever. Read more: https://www.hollywoodreporter.com/news/german-home-entertainment-market-soars-past-10-billion-2018-1174821

Squabbling between the US radio industry and Irving Azoff’s boutique collecting society Global Music Rights continues. Though this squabbling relates to an entirely different squabble between the US radio industry and big collecting society BMI. Fun times. Read more: http://www.completemusicupdate.com/article/american-radio-industry-and-global-music-rights-spar-over-subpoena-in-bmi-case/

Actors Equity declared a strike Monday against the lab process used to develop new Broadway shows, particularly musicals. The union, which represents performers on stage, said it had been trying for two years to negotiate a new contract with the Broadway League, which represents theater owners, producers and others. Read more: https://www.hollywoodreporter.com/news/actors-equity-strike-share-record-broadway-profits-1174489

Olivia de Havilland, the 102-year-old actress known for roles in Gone With the Wind and The Adventures of Robin Hood, won’t get another crack at legal glory. On Monday, the U.S. Supreme Court rejected her petition to review the dismissal of her lawsuit brought against the makers of FX’s Feud: Bette and Joan. Read more: https://www.hollywoodreporter.com/thr-esq/supreme-court-denies-review-olivia-de-havillands-feud-lawsuit-1174078

What if you could choose the soundtrack to your favorite film or TV show? Or what if a movie on a streaming service could personalize its soundtrack algorithmically to your tastes – and monitor your consumption behavior to inform future curation? Read more: https://www.musicbusinessworldwide.com/what-netflixs-choose-your-own-soundtrack-paradigm-reveals-about-the-future-of-the-music-industry/

Writing has never been a lucrative career choice, but a recent study by the Authors Guild, a professional organization for book writers, shows that it may not even be a livable one anymore. Read more: https://www.nytimes.com/2019/01/05/books/authors-pay-writer.html

Credit where it’s due! Most of what’s in this piece has been published in various trade sources over the past couple of years, but what really prompts putting it together as a single piece was Nora Germain’s article You Have No Idea How F****d Streaming Really Is, published on Medium on Dec. 10, 2018. If you … Continue reading "The Business Model That Makes Streaming A Black Hole For Musicians"

SoundExchange reported $63.61 million in total revenue for 2017, slightly up from $56.4 million the prior year thanks mainly to its acquisition of the Canadian Musical Reproduction Rights Agency (CMRRA). Read more: https://www.billboard.com/biz/articles/8492304/a-look-at-soundexchanges-2017-financials-from-its-irs-filing

Streaming music network like Spotify and Apple Music are not good for the music industry despite what we hear day to day from the press and music industry at large. Sure there has been growth in revenues since the days of Napster when the industry was in a complete mess, but the industry is nowhere near … Continue reading "Everything That’s Wrong With Streaming Music Networks"

Black filmmakers like Ryan Coogler (“Black Panther”), Spike Lee (“BlackKklansman”) and Antoine Fuqua (“Equalizer 2”) directed 16 of the top 100 movies at the box office in 2018, nearly three times as many as 2017 and double what they achieved a decade ago, according to a new study. Read more: https://www.thewrap.com/black-filmmakers-directed-record-number-of-top-grossing-movies-in-2018/

NEW YORK (Reuters) – A U.S. judge has rejected English singer and songwriter Ed Sheeran’s request to dismiss a lawsuit accusing him of lifting from Marvin Gaye’s 1973 classic “Let’s Get It On” for his 2014 smash “Thinking Out Loud.” Read more: https://www.reuters.com/article/us-music-sheeran-lawsuit/us-judge-orders-ed-sheeran-to-face-marvin-gaye-plagiarism-lawsuit-idUSKCN1OX1RQ

Sales of CDs plummeted by 23% last year, as consumers flocked to streaming services for their music. Read more: https://www.bbc.co.uk/news/entertainment-arts-46735093

The Writers Guild of America in an email to members on Thursday announced a series of member meetings for mid-February, less than two months before the guild’s agreement with the town’s talent agencies is set to terminate, which will potentially force writers to make an excruciating and almost unprecedented choice between their union and their … Continue reading "Writers Guild Sets Member Meetings as Clock Ticks Towards Talent Agency Battle"

SAG-AFTRA will begin negotiating a new commercials contract sometime around Feb. 20, The Hollywood Reporter has learned, but the talks in advance of a March 31 expiration come as advertisers increasingly are making ads nonunion and fewer people are watching commercials of any sort as they switch to subscription streamers like Netflix and Amazon Prime. Read more: https://www.hollywoodreporter.com/news/ad-supported-streaming-gives-actors-hope-bigger-paydays-1180918

On 12 December 2018 Advocate General (AG) Szpunar delivered his Opinion in Case C-476/17, Pelham. The case concerns the practice of sampling, i.e. the reproduction of minimal parts of a phonogram for the purposes of using it in another phonogram. Read more: http://copyrightblog.kluweriplaw.com/2019/01/02/thou-shalt-not-sample-without-permission/

As part of a new trade agreement with the US and Mexico, Canada will extend its current copyright term to 70 years after the creator’s death. In theory, extending the copyright term will allow rights holders to generate more profit. Read more: https://www.digitalmusicnews.com/2019/01/01/japan-extends-copyright-protection/

Several months ago, negotiators from the US and Canada reached a trade agreement.  The deal – made right before a midnight deadline – came after a year of arduous negotiations. Yet, not everyone agreed with the outcome. Read more: https://www.digitalmusicnews.com/2018/12/28/bryan-adams-canadian-copyright-extension/

The Philippines isn’t exactly known for safeguarding copyright owners’ legitimate works. That could soon change, however. According to a new report, Senator Vicente ‘Toto’ Castello III has introduced a bill to tackle the problem of rampant online piracy in the country. Read more: https://www.digitalmusicnews.com/2018/12/28/philippines-ipo-anti-piracy-isp-bill/

Several months ago, negotiators from the US and Canada reached a trade agreement. The deal – made right before the midnight deadline – came after more than a year of arduous negotiations. Yet, not everyone agreed with the new trade agreement. Read more: https://www.digitalmusicnews.com/2018/12/28/bryan-adams-canadian-copyright-extension/

As part of the video platform’s large-scale protest against the EU’s Copyright Directive, YouTube has pointed to its Content ID as an existing viable solution. According to YouTube CEO Susan Wojcicki and YouTube Music chief Lyor Cohen, Content ID already does enough to protect owners. Read more: https://www.digitalmusicnews.com/2018/12/27/christian-buettner-thefatrat-youtube-content-id-petition/

After soliciting comments, the U.S. Copyright Office adopted a final rule governing the eligibility requirements for the Single Application, an online registration option that allows a single author to register a claim in one work that is solely owned by the same author and is not a work made for hire. Read more: https://www.copyright.gov/rulemaking/streamlining-single/?loclr=eanco

“Historic” was the adjective of choice for artists, songwriters and politicians alike when Congress passed the Music Modernization Act earlier this year. The overdue bundle of reform — intended to update copyright rules for the streaming age and help music-makers take home more money — was an industry-wide effort, years in the making. Read more: https://www.rollingstone.com/music/music-news/music-modernization-act-congress-mma-bill-772981/

There were just a few weeks to go before the start of production on Babylon Berlin, the most ambitious German television series of all time, when Stefan Arndt lost his nerve. Arndt, a veteran film producer (Run Lola Run, The White Ribbon) has spent years putting together what was his dream project: an epic television series set … Continue reading "How the ‘Babylon Berlin’ Team Broke the Rules to Make the World’s Biggest Foreign-Language Series"

Early last year, Digital Music News published its streaming royalty payouts list. Thanks to information from third-party websites, we ranked streaming music services according to their per-stream rate. We found Pandora had the highest per-play royalty rate.  At $0.01682 per play, an independent artist would need around 87,515 plays to earn the US monthly minimum wage of … Continue reading "What Streaming Music Services Pay (Updated for 2019)"

Several months ago, APRA AMCOS, a copyright collective representing Australian and New Zealander composers, lyricists, and musicians, called on lawmakers to force ‘cultural quotas’ on streaming services. Quotas, the association argued, would help promote more Australian content.  With this in mind, APRA AMCOS and the Screen Producers of Australia (SPA) presented two ideas to the Australian … Continue reading "The European Union Wants to Implement Forced Content Quotas on Streaming Services by the End of 2019"

(Dec. 21, 2018) On December 5, 2018, South Africa’s National Assembly, one of the houses of the country’s bicameral legislature, passed the Copyright Amendment Bill, 2017, which seeks to amend the 1978 Copyright Act. (Mercedes Besent, Copyright Amendment Bill Passed, SABC NEWS (Dec. 6, 2018); Copyright Act No. 98 of 1978 (hereinafter “the principal Act”), National Library of South … Continue reading "South Africa: National Assembly Passes Copyright Amendment Bill, Adopts Expansive Fair Use Exception"

Spotify  has settled the $1.6 billion lawsuit filed by music publisher Wixen Music Publishing in December 2017. The publisher, which represented artists like Tom Petty, Missy Elliot, Stevie Nicks and Neil Young, alleged copyright infringement, saying that Spotify was using tens of thousands of songs without a proper license. The financial terms of the settlement were not disclosed, but Spotify has … Continue reading "Spotify settles the $1.6B copyright lawsuit filed by music publisher Wixen"

In a major victory for the rule of law and a total vindication for Rightscorp, Magistrate Judge Andrew Austin ruling in the labels’ contributory copyright infringement case against Grande Communications, a Texas-based ISP, has recommended that Grande be denied the DMCA safe harbor defense in a copyright infringement case for failing to implement a repeat infringer policy.  (UMG … Continue reading "No Alibi For Grande: Labels and Rightscorp Score Major Strike on Value Gap"

Earlier this year, Canadian award-winning cellist and composer Zoe Keating shared her Spotify payouts with Digital Music News. Using RouteNote as her distributor, she earned $4,388.93.  Fans streamed her works 1,154,513 times.  Keating earned just $0.0038015 per stream. Using CD Baby, she earned a slightly higher Spotify payout.  At a per-stream rate of $0.0039, Keating earned $5,654.58 … Continue reading "What Spotify Paid One Artist in 2018"

What exactly did Spotify and Netflix access in your Facebook account? Facebook isn’t exactly well known for keeping users’ data to itself. Several years ago, a relatively unknown London political consulting firm accessed data for about 50 million Facebook users for political purposes. Read more: https://www.digitalmusicnews.com/2018/12/19/facebook-spotify-netflix-private-user-messages/

On the surface, The Godfather, The Sixth Sense and Little Miss Sunshine appear to have little in common. But even though these films belong to different genres and have very different plots, technically they have the same “emotional arc” – a journey of highs and lows. Read more: https://www.bbc.co.uk/news/entertainment-arts-46385657

Global revenues from subscription streaming video services will overtake the total worldwide box office next year, a study published Monday by Ampere Analysis forecasts. Global subscription revenue is expected to top $46 billion, compared with just under $40 billion in worldwide theatrical revenue, it predicts. Read more: https://www.hollywoodreporter.com/news/global-streaming-revenue-set-outpace-box-office-2019-study-finds-1169945

The European music industry has long pushed for an overhaul on the use of copyrighted works online. IMPALA’s Helen Smith, for example, has stated that the EU’s Copyright Directive – and Article 13 – would force user-uploaded platforms (i.e., YouTube and Facebook) to pay more in royalties when using artists’ works online.  This would “fix” the … Continue reading "Did YouTube Just Pull a Fast One? Vivendi, EU Music Organizations are Suddenly Slamming Article 13"

According to German band Kraftwerk, rapper and hip hop music producer Moses Pelham outright stole a two-second sequence from the 1977 track ‘Metall auf Metall’ (Metal on Metal).  Pelham had transformed the sequence into an endless loop and used it in on rapper Sabrina Setlur’s ‘Nur Mir’ (Only Me). Read more: https://www.digitalmusicnews.com/2018/12/13/eu-advocate-general-music-sampling-infringement/

A judge has entered a nearly $5 million judgment against Robin Thicke and Pharrell Williams in favor of Marvin Gaye’s family in the long-running lawsuit involving copyright infringement surrounding Thicke and Williams’ song “Blurred Lines” and Gaye’s 1977 hit “Got to Give It Up,” Billboard reports. Read more: https://www.rollingstone.com/music/music-news/robin-thicke-pharrell-williams-blurred-lines-copyright-suit-final-5-million-dollar-judgment-768508/

Those hoping to resell digital files of songs and movies got some mixed news Wednesday when the Second Circuit Court of Appeals affirmed a copyright judgment against ReDigi in a closely followed case. Read more: https://www.hollywoodreporter.com/thr-esq/appeals-court-weighs-resale-digital-files-1168577

Paris, December 10th, 2018 – The Brazilian government has authorised two audiovisual societies to collect royalties for screenwriters and directors for the first time. The decision, which comes after four years of lobbying by the creative community, is a vital step forward in the campaign for a fair remuneration right in Brazil. Read more: http://www.cisac.org/Newsroom/News-Releases/Brazilian-directors-and-screenwriters-step-closer-to-fair-remuneration-as-government-authorises-new-societies

Walking Dead creator Frank Darabont and CAA will head to trial against AMC in a massive lawsuit over the mega-hit zombie series after a New York judge largely denied summary judgment motions on Monday. The decision represents somewhat of a favorable development for AMC, which is alleged to have cheated profit participants through self-dealing agreements and … Continue reading "‘Walking Dead’ Co-Creator Frank Darabont’s $280M Suit Against AMC Headed to Trial"

Swedish Collective Management Organisation (STIM) and the Swedish Artists’ and Musicians’ Interest Organisation (SAMI) brought two separate proceedings against two companies that operate in the automobile leasing/renting industry. Both cases followed missed payment (since 2014) of yearly licensing fees to STIM and SAMI, and they are currently pending before the Swedish Supreme Court. This has now decided to stay the … Continue reading "Double trouble: fresh CJEU reference from Swedish Supreme Court regarding scope of communication to the public inside cars"

European creators are alleging a scaremongering campaign by YouTube, and more than 30 entities representing creators in France say Google and YouTube are leading a massive fake information campaign against the European copyright directive currently under discussion in order to protect their commercial interests. Read more: http://www.ip-watch.org/2018/12/05/google-youtube-accused-disinformation-scaremongering-european-authors/

The International Confederation of Societies of Authors and Composers (CISAC) has launched a sanctions procedure against SGAE, the Spanish rights society, which could result in the expulsion of SGAE from the global organization. Read more: https://www.billboard.com/articles/business/8488698/cisac-launches-sanctions-procedure-against-sgae

Members of the European Parliament have condemned Google’s role in encouraging children to pester their parents about EU copyright legislation that the corporation fears will hurt its profits. Read more: https://www.theregister.co.uk/2018/12/04

Independent record labels accounted for 39.9% of the global recorded music market in 2017 – up from 39.6% in 2016 – according to new figures from the World Independent Network. Read more: http://www.completemusicupdate.com/article/indies-accounted-for-39-9-of-recorded-music-revenues-in-2017-says-win/

If someone takes part in a photo shoot for the promotion of a clothing line, they consented to his or her image being used online as part of the designers’ advertising campaign – surely? Similarly, if you blur somebody’s face in a film so much so that he or she is no longer recognizable, you have dispensed … Continue reading "Commercial use of image rights: Paris Tribunal boosts models and performers’ protection"

Netflix is nearing a deal for a long-term lease at UK-based Pinewood Studios, where the latest round of “Star Wars” movies, as well as a number of “James Bond” flicks, has been filmed. Read more: https://nypost.com/2018/11/30/netflix-nearing-deal-to-lease-famed-pinewood-studios-in-uk/

Reggae has been added to a list of international cultural treasures which the United Nations has deemed worthy of protecting and promoting. The music, which grew out of Jamaica in the 1960s thanks to artists like Toots and the Maytals, Peter Tosh and Bob Marley, was added to the collection due to its “intangible cultural … Continue reading "Reggae music to be protected by the UN"

A November court ruling over the authorship of a classic Everly Brothers song may provide incentive for songwriters — and publishers — to tidy up ownership records that could significantly affect their wallets and those of their heirs. Read more: https://www.billboard.com/biz/articles/news/legal-and-management/8486923/everly-brothers-at-odds-in-case-over-lucrative-cathys

When a media conglomerate is the subject of a news story, we expect the news organization owned by the parent company to acknowledge that relationship in its reporting.  So, when ABC News reports a story, positive or negative, about the Disney Corporation, it is standard practice that the reporter remind viewers that she is talking about … Continue reading "YouTube’s Tactics Re. Article 13 Are the Real Concern"

In a flurry of activity over the last few week, the Copyright Royalty Board has cemented some previous determinations for on-demand services and background music services, amended some of its regulations for rate determinations made this year, while extending a period for comment on the Music Modernization Act’s impact on other CRB regulations. Read more: https://www.billboard.com/articles/business/8486991/

Earlier this month, Digital Music News first reported on a surprise entrant into the post-MMA world.  Instead of a one-horse race to fill the role of the MMA’s Mechanical Licensing Collective, or MLC, a surprise second choice emerged. Read more: https://www.digitalmusicnews.com/2018/11/28/amlc-nmpa-president-david-israelite-collusion/

In the future, when we chart the year the movie business changed, we may thank — or blame — Noah Centineo. That’s because the square-jawed heartthrob’s teen romantic comedy for Netflix, To All the Boys I’ve Loved Before, is pointing the way toward a new hierarchy in Hollywood, one in which the 106-year-old studio behind movies like The … Continue reading "“A New Paradigm”: How Netflix and Apple Are Upending Hollywood Hierarchy With Studio Deals"

The German record industry has welcomed a ruling in the Appeal Court of Munich which confirms that a stream-ripping site that copies tracks from internet radio feeds cannot rely on the private copy exception to avoid liability for copyright infringement. Read more: http://www.completemusicupdate.com/article/german-court-says-stream-ripping-not-covered-by-private-copy-exception/

Taylor Swift’s latest record deal contained a clause in which Universal finally committed to sharing any gains from a future sale of Spotify (which the company invested in along with Sony and Warner) with all its artists, not just those whose accounts are in the black. Read more: https://boingboing.net/2018/11/25/look-what-she-made-them-do.html?

Brussels, 23 November 2018 We the undersigned representatives of the creators and the creative sector wish to express our strong support for the adoption of the Broadcasting and Retransmissions (SatCab) instrument. We appreciate the considerable efforts you have made and urge you to complete your important work to modernise the EU legal framework without any … Continue reading "Joint call of European creators and producers on broadcasting and retransmissions instrument"

Rwanda, it is fair to say, is not on anyone’s list of top film locations worldwide. But that might be about to change. The government of President Paul Kagame and powerful players in the country’s nascent audiovisual industry have thrown their weight behind transforming this Eastern African nation into a hub for film and television … Continue reading "Rwanda Devises Big Plans to Build Its Own Film Industry: “We Have a Chance to Tell Our Stories”"

The EU wants to punish Google for allegedly underpaying artists for the use of their works on YouTube, and so they’re proposing copyright filters that block anything that appears in an anonymously created, crowdsourced database of forbidden works that are allegedly in copyright. Read more: https://boingboing.net/2018/11/21/dont-break-the-net.html

About a year ago, Anne Schedeen realized she hadn’t seen any residuals in a while from Alf, the hit ’80s series in which she co-starred. That seemed odd to the actress, so she asked her husband, Chris Barrett, to give SAG-AFTRA a call. The response he got? “Oh,” said a staffer, according to Barrett, formerly the … Continue reading "$2 Billion in Residuals Are Paid Annually — But How Much Gets Lost?"

The list of content assets controlled by WarnerMedia is massive — from the Harry Potter and DC Comics universes to classic movies and TV shows like Gone With the Wind and Friends — but those might not be enough to compete in the streaming wars, especially when Disney launches its Disney+ service next year. Read more: https://www.hollywoodreporter.com/news/netflix-effect-can-rivals-compete-by-bulking-up-content-1162416

The IFPI is challenging Google’s claim that YouTube has paid out over $1.8 billion to the music industry in the past year, saying that figure doesn’t line up with the international non-for-profit’s own research. Read more: https://www.billboard.com/biz/articles/news/digital-and-mobile/8485359/ifpi-refutes-claim-youtube-paid-music-industry-18b-says

The creation of works by artificial intelligence systems (AIS) challenges our perception of creativity and, with it, of eligibility for copyright protection. Examples abound. AIS can autonomously create paintings, literary works, music, or even artificial photos. Were these works created by a human being, their eligibility for copyright protection would not be controversial. However, it is unclear whether the … Continue reading "Ex Machina, Ex Auctore? Machines that create and how EU copyright law views them"

While collective rights management for music creators has since long been a tradition, these figures demonstrate that the rights of directors and screenwriters have not yet caught up. There is room for improvement for the collections across all creative sectors, but the discrepancy between royalties’ collection for audiovisual authors and the actual distribution and consumption … Continue reading "Royalities for audiovisual authors – a drop in the ocean"

Say what you like about Donald Trump. Oh wait, that wasn’t supposed to be the end of that sentence. Say what you like about Trump, but when it comes to successes, he’s had plenty. For example, he is definitely the US president that CMU has written the most about in all of its 20 year history. And … Continue reading "Beef Of The Week #429: Musicians v Donald Trump (Mid-term special)"

A judge in California has declined to dismiss a lawsuit launched by songwriter and record producer Kevin Risto over the fees American performer unions AFM and SAG-AFTRA charge the royalty distribution fund they set up. Read more: http://www.completemusicupdate.com/article/songwriters-lawsuit-against-session-musician-royalty-fund-allowed-to-proceed/

Paris, November 8th, 2018 – Global royalties’ collections for creators of music, audiovisual, visual arts, drama and literature rose to a record high of €9.6 billion in 2017, up 6.2% on the previous year, according to the 2018 Global Collections Report published today by CISAC (International Confederation of Societies of Authors and Composers). Read more: http://www.cisac.org/Newsroom/News-Releases/Digital-royalties-to-creators-top-1-billion-as-global-collections-rise-6.2-to-9.6-billion

Romania has unveiled Europe’s most generous film incentives, with the Eastern European country’s government approving a cash rebate scheme worth up to 45 percent of a film’s budget for qualifying international productions. Read more: https://www.hollywoodreporter.com/news/romania-unveils-europes-generous-film-incentives-1158922

Founders of a new trade body focused on the so called neighbouring rights sector have formally announced the launch of the new organisation, to be known as the Independent Alliance For Artists Rights, of IAFAR for short. Read more: http://www.completemusicupdate.com/article/new-neighbouring-rights-trade-body-launches/

The American Federation Of Musicians and fellow US performer union SAG-AFTRA have asked a Californian judge to dismiss a lawsuit over the fees they take for their involvement in the fund that pays session musicians their cut of performing rights income. Read more: http://www.completemusicupdate.com/article/us-performer-unions-say-dispute-over-royalty-fund-fees-should-be-dismissed/

A new directive adopted today by European Union member governments updates and strengthens regulations on video-sharing platforms and other newer forms of media, emphasising the public interest, elevating protections for children, and establishing a 30 percent quota of European content in on-demand audiovisual media services. Read more: http://www.ip-watch.org/2018/11/06/new-eu-directive-limits-hate-speech-establishes-european-content-quotas/

On 6 November 2018, AEPO-ARTIS released the preliminary version of its study “Performers’ Rights in International and European Legislation: Situation and Elements for Improvement, October 2018”. Read more: http://www.aepo-artis.org/en/news/detail/-125-1

Gathered in Rotterdam on November 6th for the final event of the European project Dance Futures – Creating Transition Schemes for Dancers and Promoting Sustainable Mobility in the Dance Sector, the European group of the International Federation of Actors (FIA) has launched its new Dance Passport. Read more: https://fia-actors.com/no_cache/media/news/news-detail/article/launch-of-the-dance-passport-a-union-solidarity-network-for-dancers-abroad/

November 5th, during the CIAM annual congress in Mexico City, CIAM and continental alliance ECSA formalised cooperation and harmony among the two organisations with the signing of a Memorandum of Understanding (MoU). The MOU promotes cooperation and international harmony among CIAM and the continental alliances. Read more: http://www.ciamcreators.org/european-composer-songwriter-alliance-ecsa-and-international-council-of-music-creators-ciam-reinforce-united-front-for-creators-by-signing-memorandum-of-understanding/

Earlier this year, we wrote a bunch of posts on the Copyright Office’s request for comment on changes needed to the DMCA’s anti-circumvention exemption list. There were lots of interesting submissions, but one that caught my attention was a whole bunch of film association groups, most of them for documentarians, advocating that the anti-circumvention they enjoyed to … Continue reading "Copyright Office Extends Anti-Circumvention DMCA Exemptions To All Filmmakers, Not Just Documentarians"

For years, it seemed everyone in the indie film business wanted to be the next Summit Entertainment. The production and distribution group, founded in 1991 and acquired by Lionsgate in 2012, perfected the art of doing studio-sized independent movies — epitomized by the Twilight franchise — that were rolled out with blockbuster-style marketing campaigns and wide releases … Continue reading "Niche Distributors Fill Gap Left by the Demise of Weinstein"

Content creators at Al Jazeera English, based in the United States, voted overwhelmingly Wednesday to recognize SAG-AFTRA as their union, with 97 percent voting in favor, the union said. In an unusual but not unprecedented move for SAG-AFTRA, the newly represented employees include not just on-air hosts and reporters, but also behind-the-scenes editors and camerapersons. … Continue reading "Al Jazeera English Content Creators Unionize With SAG-AFTRA"

Last Friday, European regulators confirmed indie music organizations’ worst nightmare. The European Commission approved Sony’s $2.4 billion acquisition of EMI Music Publishing without conditions.  The move has made Sony/ATV the world’s largest music publisher. Now, with the acquisition confirmed, Sony is quickly taking care of post-acquisition business. Read more: https://www.digitalmusicnews.com/2018/10/30/latest-sony-solar-paneuropean-deal-extension/

The U.S. Supreme Court declines a lot of cases and challenges, often with little explanation.  The reject list now includes a test of the hotly-contested Digital Millennium Copyright Act (DMCA), which media industries have long decried as a loophole exploited by tech companies. Read more: https://www.digitalmusicnews.com/2018/10/30/supreme-court-dmca/

At an Indiana rally just hours after the fatal mass shooting at a synagogue in Pittsburgh, President Donald Trump played ‘Happy.’  Now, clearly upset, Pharrell Williams has sent a cease-and-desist letter to the Commander-in-Chief. Read more: https://www.digitalmusicnews.com/2018/10/30/lates-pharrell-williams-happy-donald-trump-threat/

As Amazon, Apple and Facebook bulk up on streaming video and Netflix nears escape velocity fueled by $10 billion in debt, there’s a growing awareness that Hollywood is caught in the tractor beam of big tech. These companies have been a boon for the creative industry so far, catalyzing a content arms race resulting in … Continue reading "Big Tech, Don’t Keep Your Hollywood Talent in the Dark (Guest Column)"

A few weeks ago, I published a map – that I created for my students – detailing the main potential events in the life of an EU/national trade mark. Today I have prepared a new student map, this time devoted to the main potential events in the life of a copyright work in Europe. Read more: http://ipkitten.blogspot.com/2018/10/what-can-be-main-events-in-life-of.html

SoundCloud has rewritten the contract that accompanies the monetisation programme it offers DIY artists. Or, officially speaking, it has “clarified [and] removed elements” of the contract it had previously written. This follows criticism of the terms it was offering under its SoundCloud Premier scheme. Read more: http://www.completemusicupdate.com/article/soundcloud-amends-its-premier-contract-following-criticism/

SoundCloud has responded to criticism last week about the terms and conditions of the monetisation programme it is now rolling out to all DIY music-makers. Read more: http://www.completemusicupdate.com/article/soundcloud-defends-terms-of-monetisation-for-diy-artists/

Italian song rights collecting SIAE has been ordered to deal with monopoly concerns by Italy’s Competition Authority. The regulator has told SIAE to end what it calls proven market distortion tactics and to ensure such tactics are not employed in the future. Read more: http://www.completemusicupdate.com/article/italian-competition-regulator-makes-demands-of-collecting-society-siae/

Songwriters and independent music companies have hit out at the decision of competition regulators in Europe to approve Sony’s deals to take complete ownership of EMI Music Publishing. The European Commission announced it was green lighting the deals on Friday, despite Sony making no concessions to address the concerns of those who opposed them. Read … Continue reading "Indies and songwriters hit out as European Commission approves Sony’s EMI deal"

Spotify’s Daniel Ek is betting big on developing a ‘two-sided marketplace’ for music. With the company’s market cap on a downward trend despite strong growth metrics, Ek might find himself having to play up the disruption narrative more boldly and more quickly than he’d planned. Read more: https://www.musicbusinessworldwide.com/spotify-doing-a-netflix-is-daniel-eks-service-too-big-for-the-labels-to-stop-it/

FIA members remember with great clarity the furore that surrounded the 2010 ‘Hobbit Law’ in New Zealand, passed in haste to address producer concerns around potential unpredictability of labour conditions. It designated all film industry workers as ‘independent contractors’, effectively depriving them of their collective labour rights, with a direct impact on working time, holiday … Continue reading "A Path Opens in New Zealand to the Restoration of Collective Bargaining for Film Workers"

SoundCloud has been trying to reposition itself as a creator-first community ever since new CEO Kerry Trainor was brought on last year. The past month in particular has seen a rash of announcements tailored specifically to DJs and indie artists: the platform integrated in popular DJ software, partnered with rights clearance startup Dubset, and finally made SoundCloud Premier public after … Continue reading "SOUNDCLOUD’S NEW ARTIST CONTRACT IS A RAW DEAL FOR MUSICIANS"

On Thursday at the Tokyo International Film Festival, the Motion Picture Association pushed for an anti-piracy site blocking policy in Japan, where concerns about the constitutionality of such measures have so far prevented its adoption. Read more: https://www.hollywoodreporter.com/news/tokyo-mpa-urges-japan-adopt-site-blocking-piracy-battle-1155290

EU regulators will not launch a full investigation into Sony Corp’s acquisition of EMI Music Publishing. It means the deal can go ahead without any conditions, despite strong representations made by trade bodies during the consultation process. Read more: http://www.musicweek.com/publishing/read/impala-slams-eu-s-approval-of-sony-s-emi-publishing-deal/074247

A New York federal judge has rejected a motion for partial summary judgment in a copyright lawsuit brought by the artist Lina Iris Viktor over the video to the song, “All the Stars,” from the Black Panther soundtrack. Read more: https://www.hollywoodreporter.com/thr-esq/judge-wont-rule-reputational-damage-kendrick-lamars-all-my-stars-video-1154960

In 2015, Jack Allison, a comedian with a nerdy affect and an impish wit, was a staff writer on The Jimmy Kimmel Show, doing what he loved best: Hanging out with a bunch of other funny people, writing jokes, and downing Twizzlers. In other words, he was a Hollywood TV scribe. Read more: https://www.fastcompany.com/90250828/the-death-of-hollywoods-middle-class

Famed guitar maker Gibson is changing its corporate leaders as the company plans to emerge from bankruptcy protection on Nov. 1. Read more: https://abcnews.go.com/Entertainment/wireStory/gibson-guitars-bankruptcy-set-end-picks-leaders-58712326

Admittedly, Facebook hasn’t had a great 2018. During its Q2 2018 earnings call, company executives revealed what investors have long feared – the social media platform may have peaked.  Facebook had experienced its slowest growth ever.  The European Union’s GDPR privacy implementation, as well as the Cambridge Analytica scandal, may have impacted users’ confidence, after all. Read … Continue reading "Facebook Unveils Music on Stories, Expands Lip Sync Live, and Will Soon Launch Songs on Profile"

The Writer Guild agreement prohibits uncompensated writing but in the screenwriting world, a slippery process has emerged, says WGA West: studio executives and producers often expect or request “leave behinds” — short written summaries that writers leave behind after a pitch. Read more: https://www.hollywoodreporter.com/news/writing-free-hollywood-guild-wants-stop-1154637

Today, Mariya Gabriel, Commissioner for Digital Economy and Society, received a delegation handing over a  signed by more than 21,000 supporters of Europe’s screenwriters and directors and their right to fair and proportionate remuneration.  Read more: http://www.filmdirectors.eu/wp-content/uploads/2018/10/23.10.2018-FERA-FSE-SAA-PR-Petition-hand-over-to-Commissioner.pdf  

Desperate times for YouTube. CEO Susan Wojcicki is currently organizing a Childrens Crusade, against EU MEPs by urging YouTubers (mostly US teens) to “take action” to protect her $772 billion dollar company’s swollen profits. You see the EU just proposed guidelines (article 13) requiring platforms like YouTube to stop hiding behind its users and pay musicians fairly.  She thinks … Continue reading "Does YouTube Underpay Artists 13 Billion a Year? Understanding YouTube’s Article 13 Freakout"

A recent trend in the not-always-necessarily-dull world of collective licensing has been certain collecting societies launching new divisions or businesses that provide an assortment of rights management and royalty processing services to other collecting societies. And also directly to music publishers, songwriters and other rights owners, beyond the usual licensing and royalties gubbins societies do … Continue reading "SOCAN launches new services business Dataclef"

The boss of Google’s safe harbour dwelling YouTube has been talking copyright directive. Because, as you all surely vividly remember, the European Parliament voted through the latest draft of the new European Copyright Directive last month – including the controversial safe harbour reform contained in what is called ‘article thirteen’. Read more: http://www.completemusicupdate.com/article/youtube-boss-urges-youtubers-to-instigate-one-last-push-against-article-thirteen/

SAG-AFTRA has reached a tentative agreement with major labels following months of negotiations.  The three-year agreement is a successor contract to the existing SAG-AFTRA National Code of Fair Practice for Sound Recordings. Read more: https://www.digitalmusicnews.com/2018/10/22/latest-sag-aftra-major-labels-agreement/

The country’s major CMO, AEPI (the Hellenic Society for Protection of Intellectual Property), was investigated by the country’s Public Prosecutor in March 2017 after widespread allegations of corruption. Read more: https://www.musicbusinessworldwide.com/greeces-music-rights-sector-in-turmoil-as-head-of-copyright-office-steps-down/

Eduardo “Teddy” Bautista was the powerful president of Spanish authors rights society SGAE until he was arrested seven years ago in a federal sting operation and charged with misappropriation of funds. He is still awaiting trial in the case, which authorities say cost the organization 20 million euros (almost $26 million), and could be sentenced to seven … Continue reading "Teddy Bautista, Ousted President of Spanish Rights Group SGAE, Plots Return"

Since entering the Indian market, streaming giants Netflix and Amazon have made aggressive moves to capture subscribers in the world’s second most populous country. A new study, however, reveals that Indians prefer to stream free content offered by the likes of YouTube over paid services. Read more: https://www.hollywoodreporter.com/news/indians-prefer-youtube-netflix-amazon-study-says-1152609

Two contracts in two days; three contracts in a week: The Writers Guild of America East has been having a busy time, and the month is just half over. On Wednesday, the guild announced that writers at Salon had unanimously ratified their first collective bargaining agreement, marking the union’s seventh contract in digital media. The day before, … Continue reading "Salon Staff, NBC Promo Writers Ratify Contracts With Writers Guild East"

It took two decades of intense lobbying to pass and sign into law the Music Modernization Act. Now the hard part begins: implementing the first copyright law changes in 20 years. Read more: https://www.hollywoodreporter.com/news/music-modernization-acts-next-challenge-how-implement-law-1152751

It’s no secret European music organizations are staunchly opposed to Sony’s proposed acquisition of EMI Music Publishing. According to Helen Smith, chief executive of IMPALA, the Japanese conglomerate would pose a serious threat to local artists and industry. Read more: https://www.digitalmusicnews.com/2018/10/16/latest-impala-sony-emi-music-charts-control/

New research commissioned by the leading provider of B2B streaming – the Spotify-backed Soundtrack Your Brand – reckons that the music community is missing out on $2.65 billion per year because of businesses using personal streaming services in commercial spaces. Read more: http://www.completemusicupdate.com/article/the-music-industry-is-losing-2-65-billion-as-businesses-fail-to-stream-properly-study-finds/

Ed Sheeran being sued for allegedly ripping off a Marvin Gaye song might sound like a re-run of the famous ‘Blurred Lines’ song-theft case. But both sides in the legal dispute over Sheeran’s hit ‘Thinking Out Loud’ have been spending more time considering another recent plagiarism dispute. Which is to say, both sides have written … Continue reading "Lawyers in Ed Sheeran song-theft case debate impact of Stairway To Heaven appeals court judgement"

FilmLA announced on Tuesday that the Los Angeles area experienced a third consecutive quarter of increased film production, rising 11 percent from the same period in 2017. Read more: https://www.thewrap.com/la-movie-production-goes-up-for-third-straight-quarter-on-back-of-once-upon-a-time-in-hollywood/

U.S. District Judge Jon McCalla of the Western District of Tennessee recently issued an order denying motions made by interactive streaming music provider Spotify to dismiss a case including copyright infringement claims brought by independent music publisher and copyright administration company Bluewater Music Corporation. Judge McCalla’s order determined Bluewater has standing for all 2,142 music compositions it … Continue reading "Western Tennessee Judge Denies Spotify’s Motions to Dismiss Copyright Infringement Claims Brought by Bluewater Music"

Music copyright is shaping up to be a hot topic this year, despite being both historically overlooked and historically extremely confusing. While the actual workings of royalties and licensing policies are still as convoluted as ever, attention on them — and their dysfunctions — has ramped up thanks to the Music Modernization Act’s passage in the U.S. … Continue reading "Songwriters Around the World Are Fighting For the Same Thing"

Dear Ministers, The Federation of European Film Directors (FERA), the Federation of Screenwriters in Europe (FSE) and the Society of Audiovisual Authors (SAA), representing the audiovisual authors’ community in Europe, would like to express their support for the European Parliament’s position on the Directive on Copyright in the Digital Single Market adopted on 12 September. … Continue reading "Open letter to EU Ministers: What the Directive on Copyright in the Digital Single Market could bring to audiovisual authors"

The European Union’s recent, sweeping changes to its copyright legislation aims to stop the rampant piracy of content, such as movies and music, while finding ways for artists and creators to get fairly compensated for their work when it is used or shared online. It also aims to create a more sustainable environment for news … Continue reading "‘Meme bans’ and ‘link taxes’: a copyright reform explainer"

In a new lawsuit that is hardly typical, journalist Hillary Johnson is claiming to be the copyright co-owner of numerous taped interviews with Gilda Radner, the Saturday Night Live star who tragically died of cancer in 1989. Read more: https://www.hollywoodreporter.com/thr-esq/journalist-hits-magnolia-cnn-films-copyright-suit-using-her-gilda-radner-interviews-1151869

After years of planning and months of careful negotiations in Congress, America’s Music Modernization Act yesterday landed on the desk of President Donald Trump to be signed into law. With his ink now very much on the page, this major round of copyright reform Stateside can actually begin. Read more: http://www.completemusicupdate.com/article/mma-signed-into-law-and-then-kanye-west-waffled/

There were some “Good Vibrations” at 1600 Pennsylvania Avenue on Thursday. Musicians including Mike Love from the Beach Boys, Kid Rock, John Rich of Big and Rich, and Sam Moore of Sam and Dave came to the White House for the signing of a bill that substantially changes the way musicians are compensated for their work played … Continue reading "Trump signs bill that ensures music streaming services pay artist royalties"

Employees at Netflix and Amazon Prime better get used to reading subtitles. Because the U.S. streaming giants may be about to get a lot more European. Read more: https://www.hollywoodreporter.com/news/netflix-content-quota-europe-may-lead-tv-buying-spree-1150805

Any work that is entitled to copyright protection automatically receives protection when it is fixed in a tangible medium of expression. However, in order to benefit from the Copyright Act, the owner must “register” his or her work with the United States Copyright Office. Put another way, in order to protect against copyright infringement, the … Continue reading "SCOTUS Will Decide What the Copyright Act Means by “Registered.”"

Michael Rapino, the CEO of Ticketmaster parent Live Nation, earned $70.6 million in 2017, enough to make him the best-paid chief executive in the entertainment industry, edging ousted CBS CEO Leslie Moonves at $69.3 million. Read more: https://www.hollywoodreporter.com/news/rupert-murdoch-made-87b-fox-sale-1150554

Snap announced 12 scripted shows on Snapchat Wednesday in an effort to spark a renewed interest in the app as it hemorrhages users and money. Read more: https://www.washingtonpost.com/technology/2018/10/10/

AT&T will make a run at Netflix with a new streaming service that’ll feature HBO and other media properties acquired in the Time Warner merger. Read more: https://uk.pcmag.com/sling-television/117893/news/att-to-launch-netflix-competitor-next-year

Paris, October 9th, 2018 – CISAC President Jean-Michel Jarre, Board Chairperson Eric Baptiste and Director General Gadi Oron met with United Nations Secretary-General António Guterres in New York on October 8th. Read more: http://www.cisac.org/Newsroom/News-Releases/CISAC-meets-with-United-Nations-Secretary-General-Guterres-in-New-York-cements-closer-relations-and-offers-collaboration

IFPI has today released its Music Consumer Insight Report 2018. The report examines the ways in which music consumers aged 16-64 engage with recorded music across 20 of the world’s largest music markets. Read more: https://ifpi.org/news/IFPI-releases-2018-music-consumer-insight-report

In an age where information is tightly controlled by image-makers, spin doctors and gatekeepers, real scandal can often only be revealed with the help of whistleblowers. To mark the 25th anniversary of the whistleblowing charity Protect (formerly known as Public Concern at Work) – we focus on 12 people who have taken great personal risk … Continue reading "‘I had a moral duty’: whistleblowers on why they spoke up"

The U.K.’s package of tax incentives has helped spark a production boom that has seen much of Disney’s Star Wars and Marvel output, not to mention major TV shows such as The Crown and Black Mirror, flock to British shores over the past few years. Read more: https://www.hollywoodreporter.com/news/uk-tax-benefits-provide-record-103b-boost-economy-bfi-report-shows-1150481

NEW YORK, Oct 8 (Reuters) – Walmart Inc said on Monday it would partner with U.S. movie studio Metro Goldwyn Mayer to create content for its video-on-demand service, Vudu, which the retailer bought eight years ago. Read more: https://www.reuters.com/article/walmart-partnership-mgm/walmart-partners-with-mgm-to-boost-video-on-demand-service-vudu-idUSL2N1WN0BE

The Country Financial report states that 54% of Americans use some variety of streaming service, with at least 59% of that number using services at least once a week.  25% of respondents said they use streaming services every single day. Read more: https://www.digitalmusicnews.com/2018/10/08/americans-share-netflix-hulu-streaming/

We’ll soon find out whether Brett Kavanaugh likes “Feud” as much as he likes beer and boofing. Olivia de Havilland, whose displeasure with the way she was depicted in “Bette and Joan” is evident in her year-long legal battle with Ryan Murphy and FX, is officially petitioning the Supreme Court to hear her case. A two-time Oscar winner, the … Continue reading "Olivia de Havilland Is Bringing Her ‘Feud: Bette and Joan’ Lawsuit to the Supreme Court"

The Music Modernization Act, now set to become law, is silent on one big remaining issue for the music industry: U.S. AM/FM radio stations pay nothing to broadcast the sound recordings they play. Read more: https://www.billboard.com/biz/articles/news/8478505/

The European Parliament has approved new regulations for online streaming services, imposing a quota for home-grown productions on Netflix and co. Read more: https://www.hollywoodreporter.com/news/european-parliament-approves-netflix-content-quota-1148965

Subscription services are one of the few secular trends in the current economy that is not yet reactive to trade wars or interest rates. Subscription services are found in many areas of the economy, but music drives some of the big ones like Spotify, Amazon and especially the razor-and-razorblades plays like Apple. But per-stream royalties … Continue reading "Arithmetic on the Internet: The Ethical Pool Solution to Streaming Royalty Allocation"

LAST MONTH, FAST COMPANY PUBLISHED an uncharacteristically long interview with Spotify’s thirty-five-year-old CEO Daniel Ek—he rarely does this sort of press. In the interview, Ek reflects on the year he attempted to tour with a band (“I realized that music wasn’t the thing I wanted to do six hours every day”), what the Spotify headquarters calls its “bets” board (listing … Continue reading "Unfree Agents"

Victor Miller may be primed to recapture the franchise inside the U.S., although a judge’s opinion remains sealed with the fate of “Jason” murky. In a big decision that will bolster the prospects of authors who hope to recapture rights from producers, Friday the 13th screenwriter Victor Miller has prevailed in a legal battle over the franchise. … Continue reading "‘Friday the 13th’ Screenwriter Wins Rights Battle Against Producer"

Led Zeppelin face a new trial over claims the band stole a guitar riff for their 1971 song, Stairway to Heaven. A California appeals court overruled a 2016 case that said the band did not steal the opening of their hit from Taurus by the band Spirit. The court cited a series of errors by … Continue reading "Led Zeppelin to face new Stairway to Heaven trial"

SAG-AFTRA’s battle with ad agency Bartle Bogle Hegarty ratcheted up Thursday morning as hundreds of actors and their supporters picketed the West Hollywood offices of the global agency, turning Melrose Blvd. into a raucous scene of chants and signs that slowed traffic and elicited honks and waves from passing cars as a giant inflatable rat … Continue reading "SAG-AFTRA Pickets Bartle Bogle Hegarty Ad Agency: “We’re Mad as Hell”"

Earlier this year, Digital Music News touched on an important topic. According to a report published by Audiam, as Spotify’s revenue climbed over the year, artist and label royalty payouts declined. Read more: https://www.digitalmusicnews.com/2018/09/27/spotify-declining-royalty-payouts/

Have you ever found yourself clicking– ‘Yes I agree to these terms & conditions’, without actually reading them? Probably yes [everyone does it…even lawyers]. Did that include your registration with Twitter? If so, you may not have realized that you agreed to a licence allowing Twitter (and its partners) to use at will any of the copyright-protected content … Continue reading "Paris tribunal guts Twitter’s T&Cs… including the copyright clause for user-generated content"

America’s Music Modernization Act now just needs the signature of Donald Trump – last seen performing a little stand-up at the UN Comedy Club – in order to become law. The President is expected to provide that signature with little fuss, after which he’ll presumably brag loudly about how he personally made the music industry great again. … Continue reading "Latest draft of MMA approved by House Of Representatives"

In May, the ECS held their annual summit in Brussels, under the title “EU copyright, quo vadis? From the EU copyright package to the challenges of Artificial Intelligence.” The summit covered many of the hot topics on today’s copyright agenda, including the proposed directive on Copyright in the Digital Single Market. This post, however, focuses on the afternoon session, … Continue reading "Before the Singularity: Copyright and the Challenges of Artificial Intelligence"

Broadcast Music, Inc. (BMI) has filed a petition against the North American Concert Promoters Association (NACPA) in federal rate court.  The move comes after both parties failed to reach an agreement. Read more: https://www.digitalmusicnews.com/2018/09/25/bmi-v-nacpa-performance-rates/

After years of on-again, off-again talks, the satellite radio company on Monday agreed to buy internet radio streamer Pandora for $3.5 billion. The all-stock deal takes SiriusXM outside the car for the first time and gives it firmer footing to go up against Apple Music and Spotify in the increasingly competitive global battle to become … Continue reading "Sirius XM to buy Pandora for $3.5 billion"

Sony has completed its notification filing to the European Commission over its acquisition of EMI Music Publishing. The regulator now has until 26 October (25 days from the date of submission) to make an initial assessment after which it can either grant approval or begin an in-depth phase two investigation into the proposed merger. If … Continue reading "Sony Notifies European Commission Over EMI Music Publishing Takeover"

Spotify got the entire music business talking last week with the news that it has started offering artists the opportunity to directly distribute their material on the platform – without the requirement for a third-party aggregator or record label. Read more: https://www.musicbusinessworldwide.com/spotifys-direct-distribution-deals-what-do-the-artists-get/

The Music Modernization Act (“MMA”) has finally passed both the Senate and the House after the herculean efforts of some individuals and organizations who worked tirelessly to negotiate compromises to accommodate all sides. The MMA will finally move the recorded music industry forward in a way that should facilitate more artists and songwriters being able … Continue reading "Entertainment Industry Law Issues"

The surviving members of Led Zeppelin have something new up their sleeve. First spotted by LedZepNews, a trademark filing at the US Patent and Trademark Office has revealed the band aims to create a streaming service.  Dubbed The Led Zeppelin Experience, the service is aimed at “providing non-downloadable prerecorded music online via a global computer network.” Read … Continue reading "Get Ready for a Brand-New Streaming Music Service from Led Zeppelin"

So, Spotify allowing artists to upload music directly into their platform then. That’s certainly got people talking. And while a move in this direction has seemed likely for some time, it is certainly a significant moment. Its impact on record companies and music distributors will likely be nominal at first, but it’s the latest in … Continue reading "Spotify to offer artists direct-upload tools"

The Senate passed a new version of the Music Modernization Act (MMA) as an amendment to another bill this week, a marked improvement over the version passed by the House of Representatives earlier in the year. Read more: https://www.digitalmusicnews.com/2018/09/19/music-modernization-act-older-recordings/

PRESS RELEASE The Content Creators Coalition (c3) and MusicAnswers released the following statement reacting to the Senate passing the Music Modernization Act: “The Content Creators Coalition (c3) and MusicAnswers applaud the Senate passage and expected prompt House passage of the Music Modernization Act. The bill is a great step forward towards a fairer music ecosystem that … Continue reading "@ArtistRightsNow @MusicAnswersNow: Musicians And Songwriters Celebrate Senate Passage Of The Music Modernization Act"

The music industry has applauded the passage of the Music Modernisation Act in the US Senate by unanimous consent. It now just awaits final reconsideration by the House of Representatives (where it already passed by 415-0) and the signature of President Trump. Read more: http://www.musicweek.com/publishing/read/this-is-a-significant-victory-for-rights-holders-biz-welcomes-passing-of-music-modernisation-act/073864

The long road to copyright revision is nearing its end as the U.S. Senate passed the Music Modernization Act by unanimous consent Tuesday (Sept. 18). The move mimics the House’s unilateral support, previously passing the bill by a vote of 415-0 back in April. Read more: https://www.billboard.com/biz/articles/news/legal-and-management/8475877/music-modernization-act-passes-in-senate-with

The music industry was quick to react to the United States Senate’s unanimous passages of S. 2823 the Music Modernization Act, a bipartisan bill cosponsored by more than 80 Senators that brings the music licensing system into the digital age. Read more: http://www.hypebot.com/hypebot/2018/09/industry-reacts-to-music-modernization-act-senate-passage-soundexchange-ascap-riaa-c3-more.html

The U.S. Court of Appeals for the D.C. Circuit on Tuesday (Sept. 18) upheld the Copyright Royalty Board webcasting rate determination for the period of 2016-2020 on all counts. Read more: https://www.billboard.com/articles/business/8475869/us-court-appeals-copyright-royalty-board-webcasting-rates

The US Court of Appeals today released a decision upholding the Copyright Royalty Board’s 2015 decision setting the SoundExchange royalty rates for 2016-2020. We wrote about that decision here, and provided more details here. In any appeal of an agency decision, the Court routinely affords the agency deference in reaching its decision. The Court will not overturn that decision … Continue reading "Court of Appeals Upholds Copyright Royalty Board’s 2015 Webcasting Royalty Rate Decision"

On May 11, Netflix released the teen dramedy “The Kissing Booth” just as the school year was wrapping up for teens across the country. Read more: https://techcrunch.com/2018/09/17/startups-are-giving-writers-and-filmmakers-more-ways-to-make-it-in-hollywood/

For internet activists, media industry wonks and copyright legislation fans (if such a species exists), these are heady days. On Sept. 12, the European Parliament approved a major overhaul of copyright law that, if its supporters are believed, will update copyright for the digital age and force online giants like Google and Facebook to share … Continue reading "What New EU Copyright Law Will Mean for Media, Tech Companies and Users"

Dear Senator Wyden, Being a musician isn’t easy. We spend months on tour, play late night shows, and spend hours, even days, on end in the recording studio. We sacrifice time with our families and money that could be made in more lucrative, stable jobs. While certainly not an easy decision, we make these sacrifices freely, … Continue reading "@ArtistRightsNow/Content Creators Coalition Open Letter to Senator @RonWyden on Passing the CLASSICS Act"

Donald Glover – aka Childish Gambino – is suing his former label Glassnote Records over a royalties dispute. Read more: https://www.nme.com/news/music/donald-glover-sues-record-label-2380059#U58XlRGzu2im9MfL.99

The music industry powers that be must be confident that they have the votes they need because sources tell Billboard that the Music Modernization Act is planned to be hotlined in the Senate tomorrow afternoon. Read more: https://www.billboard.com/biz/articles/8475348/music-modernization-act-faces-verbal-vote-in-senate-monday-but-one-no-could-be

The Music Modernization Act (MMA) now has the support of 76 Senators. As it nears the finish line, SiriusXM is going door-to-door in the Senate in a last-ditch effort to block the MMA, a bill backed by an historic coalition of thousands of music creators, songwriters, producers, labels, publishers and digital music services—all of whom … Continue reading "Bringing mma across the finish line"

Music Creators North America, Inc. (MCNA), a US-Canadian music creator alliance representing a global coalition of over half a million songwriters and composers from around the world through its affiliates in the International Council for Music Creators (CIAM), expressed enormous satisfaction over the European Parliament’s visionary vote today in support of the rights of music creators, musical culture, and fair … Continue reading "Press Release: BOLD EUROPEAN VOTE ENDORSING FAIR PAYMENT FOR THE ON-LINE USE OF MUSIC CELEBRATED BY AMERICAN AND CANADIAN MUSIC CREATORS (MCNA)"

You HAVE to watch this.  When asked why EU Parliament switched from opposing the copyright directive to overwhelmingly supporting it, German MEP Helga Truepel pulls no punches. Read more: https://thetrichordist.com/2018/09/13/totally-pissed-off-by-big-tech-spam-eu-gives-artists-a-copyright-victory/

Thanks in part to a more than 75-year-old judicially monitored consent decree that continues to govern the licensing of song compositions to broadcast outlets, Broadcast Music Inc. is now attempting to get a federal judge to enforce a subpoena on Global Music Rights, its upstart competitor. Read more: https://www.hollywoodreporter.com/thr-esq/bmi-demands-licensing-documents-irving-azoff-led-competitor-1142582

The Federation of European Film Directors (FERA), the Federation of Screenwriters in Europe (FSE) and the Society of Audiovisual Authors (SAA) welcome the vote on the Copyright Directive in the Digital Single Market by the European Parliament’s plenary. Read more: http://www.filmdirectors.eu/the-european-parliament-confirms-its-support-for-authors-rights-in-the-digital-single-market/

CIAM salutes the European Parliament’s members for their bold vote today (438 to 226) endorsing the principle of fair online remuneration for creative works. The Parliament has paved the way for the creative sector to be properly rewarded when their works are exploited online. A clear signal has been sent to powerful digital interests that … Continue reading "CIAM celebrates the European Parliament’s visionary vote today on behalf of the world’s songwriters and composers"

September 12th, 2018 – Representing audiovisual creators in 69 countries, Writers & Directors Worldwide (W&DW) today celebrates the vote by European Parliament for the EU Copyright Directive. The vote sends a strong signal to governments worldwide to establish fair remuneration for authors, particularly when works are used by the largest digital platforms. Read more: http://www.writersanddirectorsworldwide.org/writers-directors-worldwide-welcomes-eu-copyright-directive-vote-for-authors-rights/

Parliament adopted its revised negotiating position on copyright rules on Wednesday, adding safeguards to protect small firms and freedom of expression.   Parliament’s position for talks with member states to hammer out a final deal was approved by 438 votes to 226, with 39 abstentions. It makes some important tweaks to the June committee proposal. … Continue reading "Parliament adopts its position on digital copyright rules"

We have grown used to the extraordinary abuse of data by Big Tech, and complicity with political forces in electioneering, either in the United States, or in the Caribbean.   The apologies from Facebook for allowing itself – and our privacy – to be hijacked, and the clamour of all sides in the US political … Continue reading "UNDERGROUND LOBBYING"

Dakar, September 10th, 2018 – Authors societies from across Africa will gather in Dakar on September 11th-13th for an international seminar to improve private copying systems across the continent to better support the livelihoods of creators. Read more: http://www.cisac.org/Newsroom/News-Releases/International-organisations-and-authors-societies-to-meet-in-Senegal-to-improve-private-copying-in-Africa

The undersigned organisations of authors – writers, journalists, screenwriters, filmmakers, composers and songwriters – urge you to support the successful adoption of the proposed Directive on Copyright in the Digital Single Market. Read more: http://www.filmdirectors.eu/over-100-authors-professional-organisations-call-in-support-of-the-copyright-directive/

Buskers and performers have joined forces to protest against tech giant “parasites” in a fight for better remuneration. Read more: http://www.irishnews.com/magazine/entertainment/

Members of Blur and Suede formed a busking supergroup to protest against tech giant “parasites”, in a campaign to get better remuneration for musicians. Read more: https://inews.co.uk/news/blur-and-suede-form-busking-supergroup-to-protest-at-music-parasites-youtube/

For the artist and management community, the most controversial element of Spotify’s transition to a publicly traded company was how (and if) the three majors and Merlin-member labels would share the proceeds from sale of their equity holdings. Read more: https://www.musicbusinessworldwide.com/spotify-profit-payouts-whats-the-fairest-way-to-recompense-artists/

Would Article 13 affect the creation and use of memes? Read more: https://www.europeforcreators.eu/infographics/

Together, we have been calling on the European institutions to adopt a Directive on Copyright in the Digital Single Market that introduces an unwaivable right to proportionate remuneration for authors, collected directly from the on-demand platforms by the collective management organisations representing us, the authors. Read more: https://www.saa-authors.eu/en/news/539-venice-declaration

The declaration, unveiled at the Venice Film Festival, is backed by the Federation of European Film Directors, The Federation of Screenwriters and the Society of Audiovisual Authors. Read more: https://www.screendaily.com/news/leading-european-directors-back-new-eu-copyright-law/5132220.article

Dailyn Rodriguez, a veteran writer and producer, said she wasn’t necessarily looking to work on a new show for the coming season. But she suddenly found herself in high demand, her agents constantly fielding calls about her availability. Read more: https://www.nytimes.com/2018/09/02/arts/television/tv-writers-diversity.html?emc=edit_th_180903

The creative industry is a vibrant ecosystem that supports many creators. Music creators are like butterflies in this rainforest – beautiful and delicate. Yet some of the global tech giants are laying waste to our creative world, threatening music’s vibrancy and diversity by not fairly compensating creators for the use of their work. Creators need … Continue reading "THE UK MUSIC INDUSTRY HAS UNITED TO CALL ON EU MEMBERS OF PARLIAMENT TO SECURE MUSIC’S FUTURE"

Diversity efforts in Hollywood are starting to pay off, with diversity among first-time episodic television directors on what appears to be a solid upward trend, a study released Thursday by the Directors Guild of America shows. Read more: https://www.hollywoodreporter.com/amp/news/diversity-first-time-tv-directors-reaches-new-highs-dga-study-1138565

The Amazon-owned online platform has 2.2m monthly broadcasters, transmitting content including music 24/7 to their followers online. But despite developing close links with the industry, none of the money made by Twitch is going to music creators or rights’ owners, explains Ben Gilbert. Read more: https://www.synchtank.com/blog/games-without-frontiers-when-will-twitch-start-paying-its-dues-to-the-music-industry/

On September 12th the European Parliament will vote on legislation that will impact on the future of our culture.  CISAC, one the world’s biggest global network of creators, representing 4 million creators worldwide is rallying behind a new campaign “Europe for Creators”. Read more: http://www.cisac.org/Newsroom/Articles/Creators-worldwide-support-new-Europe-for-creators-campaign

LOS ANGELES—A California judge’s ruling this week in a case pitting Johnny Depp against his longtime lawyer is prompting a reassessment of the handshake-deal culture that is still pervasive in some corners of Hollywood. Read more: https://www.wsj.com/articles/ruling-in-johnny-depp-lawsuit-threatens-hollywood-lawyers-handshake-culture-1535547603

Facebook has announced the international rollout of Facebook Watch, its video destination for episodic content, which first launched in the U.S. a year ago this month. The social media giant said Wednesday that the VOD service would be “available everywhere” from Thursday, giving publishers and content creators a worldwide market for their videos. Read more: https://variety.com/2018/digital/news/facebook-watch-international-rollout-1202918777/

It has been dubbed one of the most brutal lobbying wars in Brussels history, pitting media firms and Paul McCartney on one side against Big Tech and internet freedom denizens on the other. Read more: https://m.phys.org/news/2018-08-brussels-lobbying-war-copyright-law.html

YouTube is the most widely used streaming music app globally but it is also the most controversial one, locked in a perpetual struggle with music rights holders, with neither side quite trusting the intent of the other. 2018 has already seen YouTube’s renewed focus on subscriptions as well as a European Parliament vote that could … Continue reading "State of the YouTube Music Economy 2.0: A Turning Point for All Parties"

Should we consider it normal and fair for a young European author – director or screenwriter – to earn on average less than €15,000 a year? If they can sustain a career, this rises to €30,000 for men and €24,000 for women at the age of 50, where it then drops again to less than … Continue reading "The EU Copyright Directive – a crucial vote to support European creators"

MMF Chief Exec Annabella Coldrick lets us know why the MMF is backing UK Music’s #LoveMusic campaign and why it is so important to ensure music makers are fairly rewarded for the use of their work online and increase transparency and accountability throughout the value chain. Read more: https://themmf.net/2018/08/28/urgent-call-to-support-the-eu-copyright-directive-vote-on-the-12th-september/

In a decision that could have sweeping impacts across Hollywood, a Los Angeles judge ruled Tuesday that Johnny Depp’s oral contract with his former talent lawyer Jake Bloom is invalid, citing a statute that requires contingency fee agreements to be in writing. Read more: https://www.hollywoodreporter.com/thr-esq/johnny-depp-scores-big-win-lawsuit-lawyer-jake-bloom-1137977

Sometimes it’s good to find an angle. Sometimes it’s good to explore the area uncharted, to ask the question unexpected. Other times, very rare times, the only thing to do is start with: So, what’s it like managing The Rolling Stones? Read more: https://www.musicbusinessworldwide.com/how-to-manage-the-rolling-stones-if-you-take-it-for-granted-thats-doomsday/

On August 7, 2018, the European Court of Justice (ECJ) held that the download and subsequent posting on a website of a photograph that has previously been published on another website with the consent of the author and was freely accessible requires new consent from the copyright holder. The upload of such a photograph is … Continue reading "European Court of Justice Strengthens Rights of Copyright Holders"

The US Supreme Court has been asked to take a good hard look at a critical piece of internet law that shields ISPs and websites from legal action when their users pirate copyrighted stuff. Read more: https://www.theregister.co.uk/2018/08/24/

BMG shared the news with Digital Music News via email, calling the outcome a ‘landmark case’ against mass-scale copyright infringement.  We haven’t heard from Cox Communications, nor have we seen any legal documents filed, but BMG assured that this is a ‘substantial settlement’ that convinced them to close the matter. Read more: https://www.digitalmusicnews.com/2018/08/24/bmg-settlement-cox-communications/