Copyright and the Right of Public Performance

In this http://www.artistshousemusic.org interview, Maggie Lange, an attorney and Professor of Music Business/Management at Berklee College of Music, explains the “right of public performance” clause of US copyright code, how performance rights organizations collect copyright fees from venues and radio stations, and how payments from these organizations make their way to the copyright holder.

Understanding Copyright Law and Exclusive Rights

In this http://www.artistshousemusic.org interview, Maggie Lange, an attorney and Professor of Music Business/Management at Berklee College of Music, explains the five “exclusive rights” that the law grants to a copyright holder, as well as some of the exceptions and additions that apply to music, such as the compulsory mechanical license and minimum statutory rate clauses.
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Australian Copyright Amendment

4841330621_2c1e2f7a62_oThe Australian Senate has recently passed a Copyright Amendment (Online Infringement) Bill, which could soon force ISPs to block website which are deemed to be ‘facilitating piracy.’

This new bill will allow copyright holders, such as film studios and record labels, to apply to the Federal Court for an injunction requiring all Australian ISPs to block overseas website facilitating piracy. In order for the website to be blocked, the Rights holders must be able to prove to the court that the primary purpose of the website in question is to facilitate copyright infringement. Furthermore, the court will also factor whether the site’s operator has a “disregard” for copyright and the “flagrancy” of infringement that it allows.

While this law will not really affect anyone in the immediate future, numerous sites that facilitate copyright material may soon disappear. If the court’s order ISPs to block a website, then Australian Internet users will be met with dead ends to these websites, meaning they will no longer be available. The bill is designed to target BitTorrent sites, such as the Pirate Bay, which gives users access to enormous amounts of copyrighted material for free.

If you live in Australia and would like to learn more about how this new bill may affect you then check out this article.

5 Misconceptions Regarding Copyright Law

Christopher Sabec trichordist copyright misconceptions1)   If someone is defaming me, I can issue a DMCA takedown – If someone is spreading lies and taking about you without using your copyrighted material, then the Digital Millennium Copyright Act can’t be issued.

2)   It is illegal to write a story using somebody else’s trademark concept – Marvel and DC both own the trademark on the term “superhero,” so small time publishers may not use superhero in the title of their works, but it is perfectly legal for them to mention superheroes in their stories.

3)   Stories can not have the same plot a previously copyrighted story –  Copyright law protects the way in which the idea is portrayed, not the actual idea itself. You can have a masked vigilantly fighting crime in New York City, but if he has a fondness for bats, looks like batman, and is a wealthy Christian Bale character during the day, then the court can decide that this is Batman and violates copyright law.

4)   There is no reason to register your work as copyrighted material anymore – It is a lot easier for register your work as copyrighted material than it was 30 years ago. Before, it was mandatory to include a copyright notice if you wanted to register your work under copyright law. Today, any work that you create automatically belongs to you with or without the copyright notice. Registering your copyrighted material and obtaining a notice; however, deters people from copying your work and lets other know who to contact for licensing purposes.

5) Anyone can post a cover of a copyrighted song on YouTube – If you decide that you want to post a cover on YouTube of a copyrighted song, then you must acquire a synchronization license from the copyright holder.

Rightscorp Increases Revenue by 282% in Q3

Rightscorp, the copyright monetization company in Santa Monica has just increased the quantity of Internet Service Providers helping them combat illegal downloading of copyrighted material. At the beginning of the year, they had about 150 ISP participating in their cause, now they have over 200. This demonstrates a 33% growth in ISP participation for the company. Growth in ISP participation is a fundamental metric for company growth because an additional ISP represents thousands of potential copyright infringements that provide revenue for the company. Currently, Rightscorp represents about 15% of the Internet Service Providers in the country.

Copyright infringers take up a lot of bandwidth from their Internet Service Provider, so they have an incentive to fight copyright infringement using Rightscorp’s digital loss prevention technology. Rightscorp represents over 1.5 million copyright holders, partnering with platinum recording artists, major motion picture studios, award winning movies and authors, the country’s top TV shows, and many more. The company has closed well over 130,000 copyright infringement cases.

At the end of September, the company announced their third quarter earning results. Their three major metrics for growth are ISP participation, settlements closed and quantity of copyrights. The company announced that their year-over-year revenue growth was equal to 282%. The company was able to increase the amount of copyrights that their company held from 21,000 last year to 160,000 this year. The company closed 130,000 cases of copyright infringement cases, which was up from 75,000 last year. Considering the aforementioned increase in ISP participation, the company has well increased their three metrics used for revenue growth. With continued hard work and dedication to provide fair justice for copyright holders, Rightscorp is hoping to build on their most recent success and continue to grow.

Google is Linking its Users to Illegal Pirating Websites

Christopher Sabec Google Online PiratingIn a recent study done by MusicTechPolicy there seems to be some interesting connections between Google and online pirating websites. It seems that Google is helping these pirating sites by driving traffic towards the sites via Google alerts. Google alerts are emails that Google can send its users through data analytics. Users can set their Google alerts for whatever they desire, and when the alert appears, the option to share it to social media is readily available. In some cases, Google even send a link that might be relevant to the requested alert. In some cases, the link might even be to an illegal downloading site.

This could be coincidence because Google might not have the capabilities to know that the site it is endorsing is an online pirating site. There is more data to suggest otherwise. By looking at Google’s “Transparency Report,” one can see that in the last 30 days, Google has received more than 31 million Digital Millennium Copyright Act notices to disable certain links. One can even go more in-depth to see how many times Google has received a notice for the particular illegal website that they are sending to its users. Google has received and acknowledges 1,161,250 DMCA notices that the site that they are sending to its users violates copyright law.

Twitter and Facebook are also promoting these illegal downloading websites because they link to Google alerts. It is a tough battle for copyright lawyers out there as even the biggest search engine that seems to have a monopoly on online searches is promoting these illegal pirating websites.

These days, it is very difficult for artists to make any money online because of these pirating sites. The fact that Google, Facebook, and Twitter are promoting these sites only makes it more difficult for artists. Digital sales revenue is dropping in the music industry. Physical music product sales (like CDs and vinyl’s) are developing greater revenue.