Group items tagged

"But what's missing from the whole debate is some data. Just how much unlawful file-sharing is going on in the UK and what effect is it having on the creative industries? It's hard to be sure really - the music industry often says that twenty unauthorised tracks are downloaded for every one that's paid for, but I'm not sure how that figure was worked out. The government, too, seems hazy, unable to say how it will know when file-sharing has been reduced by 70%, the target to be attained by the initial deterrence campaign before stronger measures are contemplated."

But, where PRS really shines is in threatening tons of small businesses. Over the years, we've had stories on PRS threatening car repair shops, because mechanics in the garage were playing their radios loud enough that customers in the waiting room could hear them. That's a public performance, according to PRS. Then they went after a police station because some cops were listening to radios. Then they went after a children's charity for singing Christmas carols without paying up. The group has even been known to call up small businesses and if they hear music in the background, demand payment, including one case involving a guy working at home with his dog. Apparently, that constitutes a "public performance." The latest (sent in by a few folks) is that PRS has now threatened a woman who plays classical music to her horses in her stable to keep them calm. She had been turning on the local classical music station, saying that it helped keep the horse calm -- but PRS is demanding £99 if she wants to keep providing such a "public performance." And it's not just a one-off. Apparently a bunch of stables have been receiving such calls.

The Songwriters Assn. of Canada proposes to allow domestic consumers access to all recorded music available online in return for adding a $5 Canadian ($4.96) monthly fee to every wireless and Internet account in the country. It has been slammed as "a pipe dream" by Canadian labels.

So maybe Coldplay is not a group of plagiarists; rather, it is a group of pop hacks working on tropes that the entire pop music industry since the 1950's has stolen from elsewhere. Originality is a tricky thing. Just ask Shepard Fairey.

"I think the trend is now clear. There have been a number of cases in the last five years and if you look at the way they have been decided - the Kazaa case in Australia clearly referred to the American [Grokster] decision and just tweaked the law in a way that suited the rights holders. In Belgium, an ISP [Scarlet] was forced to implement filtering [June 2007, Belgian Society of Authors Composers and Publishers (SABAM) v Scarlet, Brussels Court of First Instance, currently under appeal]; there was a case in Finland [June 2008, Finnish Court of Appeal, where administrators of P2P site Finreactor were sued on an individual basis and 21 people were jointly fined €500,000 ($647,284) for copyright infringement and assisting copyright infringement; 14 are appealing] where the BitTorrent super-users were found guilty and they pleaded they were only linking. So I do see that trend." [...] "The big frustration is that we act for all these legal services who pay lots of money to the rights holders, and it's almost impossible to get licenses. They are so expensive and the process is so slow. Two or three years can go by and you can throw millions at trying to get a compelling service launched, and there are obstacles in the way all the time. Pandora is a great example, it's just not possible [to operate it in Europe]. We also advise Last.fm and MySpace, it's just so much hard work. This is the irony: they [labels] complain about piracy and then you walk in the door with a new service with some VC funding and an amazing bit of software that is essentially promoting and selling their content. But they say 'we are not moving unless you give us an advance of $5 million plus equity."

Alleged file-sharer Joel Tenenbaum has a new ally in his battle against the record labels: Radiohead manager Brian Message. Tenenbaum, a grad student currently being sued for allegedly sharing seven tracks on Kazaa, intends to have Message testify that file-sharing can help the music industry, according to his lawyer, Charles Nesson of Harvard Law School.

"Since then downloads have come to dominate the top 40. About 98% of all single sales are now from downloads, with about 100,000 needed every week to get to the top spot."