Items tagged "Music Licensing"

Podcast

Charles Duan on Blurred Lines and Patterns in Music

February 24, 2017 Copyright , Copyright Reform , Litigation , Music Licensing

Charles Duan on Blurred Lines and Patterns in Music

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Podcast

PK In The Know Podcast: Spotify, Licensing, and the Future of the Music Industry

January 11, 2016 Copyright , Copyright Reform , Music Licensing , Spotify , Streaming Services

PK In The Know Podcast: Spotify, Licensing, and the Future of the Music Industry

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Podcast

PK In The Know Podcast: Music Licensing and Competition

July 27, 2015 Copyright , Copyright Reform , Music Competition , Music Licensing

PK In The Know Podcast: Music Licensing and Competition

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Post

It’s Time To Pull Back the Curtain on the Termination Right

December 5, 2019 Copyright , Copyright Reform , Music Licensing , Termination Right

You can read our new white paper, Making Sense of the Termination Right: How the System Fails Artists and How to Fix It, at publicknowledge.org/Termination.  Hidden inside Title 17 of the United States Code of Laws sits an unassuming but powerful right that Congress gave to artists and creators: the termination right. Unlike many statutory […]

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Post

The Online Censorship Machine Is Revving Up: Here Are a Few Lessons Learned

April 18, 2019 copyright directive , Copyright Reform , DMCA , Fair Use , Music Licensing

About a week ago, I did my usual check-in with Rick Beato’s channel on YouTube to see what new videos he had in store for me. I’m a former working musician, and one who supplemented my income by teaching music, so I was easily sold on Beato’s combination of fun music-related videos like “Top 20 Greatest Rock Guitar Sounds” and in-the-weeds educational videos on music theory. His channel is one of many on YouTube that offer music education, cultural preservation, and creative ways to bring great music to wider audiences. So, needless to say, I was less-than-thrilled to see that he had just live streamed a rant against a huge uptick of efforts to block his videos and those by other creators who also rely on using musical elements to create new content. These copyright strikes had been targeting many of these creators’ most successful videos, which often had been around for years and had attracted big audiences — some with over a million views. One of the impacted videos was Beato’s 20-minute piece on the history of rock guitar, which was taken down for using just 10 seconds of a live, improvised guitar solo by Ozzy Osbourne’s former guitar player, Randy Rhoads. One of Paul Davids’s videos was blocked for playing one chord (Dsus2 for those music geeks following along) in a guitar lesson video. Even in the squishy world of fair use, these seem as close to slam dunk examples of fair use as you can get.

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Post

Spotify’s Copyright Royalty Board Appeal, Decoded

April 10, 2019 Copyright , Copyright Reform , Music Licensing , Royalties , Spotify

Nothing has dominated recent music news (at least not since the passage of the Music Modernization Act) as much as Spotify’s decision to appeal the findings of the Copyright Royalty Board, or CRB. The move prompted backlash from music publishers and a rebuttal from Spotify, but the actual facts of the debate are buried under piles of legalese.

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Post

The New Music Modernization Act (Mostly) (Finally) Gets It Right

September 26, 2018 CLASSICS Act , Legislation , Music Licensing , music modernization act , Public Domain

Yesterday, the House of Representatives passed a new and improved version of the Music Modernization Act, following the Senate’s lead from last week. We had expressed strong reservations about the earlier iterations of this bill, and its impact on the public domain for sound recordings. We’re happy to say that after extensive negotiations spearheaded by Senator Ron Wyden, the new version of the bill brings these works more fully into line with with the existing copyright system for legacy works and finally allows these recordings to enter the public domain. The bill now heads to the President’s desk.

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Post

A Payday Built on Bad Policy

April 9, 2018 CLASSICS Act , Music Licensing , Public Domain

Sound recordings made prior to 1972 don’t enjoy federal copyright protection. There’s a thorny legal and legislative history behind this, but the end result is that these recordings are only protected under state law. Federal copyright has evolved, with new rights, limitations, and user protections applied to copyrighted works — but not to pre-’72 recordings. And as the internet became ubiquitous, consumption of these works began to cross state lines, further muddying the waters.

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Post

Copyright Supremacy: SONA’s Unsound Legal Theory

September 14, 2016 ASCAP , BMI , Copyright Reform , Music Licensing , SONA

Yesterday, the Songwriters of North America (SONA), a songwriter advocacy group, sued the Department of Justice over its interpretation of the antitrust consent decrees governing ASCAP and BMI, the two largest U.S. performance rights organizations (PROs). The lawsuit alleges that the DoJ has, by simply reading the words of the consent decrees, unconstitutionally seized their property. While heavy on rhetoric, the complaint is light on actionable facts. It not only misunderstands the DoJ’s mandate, but is anchored in a breathtakingly overbroad vision of copyright law that should give any sensible observer pause, and serves as a reminder of the Copyright Office’s problematic relationship with industry.

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Post

Private Interests Don’t Override the Law–in Music Publishing, Cable Boxes, or Anywhere Else

August 5, 2016 Antitrust , Copyright , FCC , Music Licensing , Unlock the Box

Two of the copyright issues Public Knowledge has been working on seem disconnected from each other, but there’s a common theme. In both the performance rights organization (PRO) and set-top box issues, policymakers should be clear in their understanding that private contracts can’t be used to override other provisions of law. Just as the interests of some industry participants don’t override legally-binding consent decrees, neither do they provide a reason for the Federal Communications Commission to ignore its statutory mandate to promote set-top box competition.

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