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bmusic Newsletter No.253 March 26th - April 7th 2007 Another week, another round of accusations and lawsuits in the music industry with regards to content and copyright across many delivery mediums. In a complaint filed in New York federal court, the National Music Publishers Association (NMPA) argues that the satellite radio operator's "XM + MP3" music service skirts copyright laws by allowing radio listeners to make permanent copies of on-air tracks through devices like the Pioneer Inno player without permission and without properly compensating songwriters. The music industry argues that the "iPod-like" devices marketed by XM are closer to being music download services akin to Apple's iTunes Store, which falls under a different copyright licensing regime, and that they have been cheating musicians out of royalties. The RIAA continues to target individuals and institutions in their reinvigorated and very aggressive anti-downloading campaign. Close to 18,000 individuals have been targeted thus far, with a further 22 schools and tertiary institutions approached in the last week. It's claimed by the industry representative that college students account for around 26% of all illegal downloads in the US! Moving across to the UK now, and their version of the RIAA, the BPI, had a court victory in their long running dispute with UK online CD retailer CD-Wow.com. UK copyright law does not allow the sale of CDs from non-EU sources without the permission of the content owner, and when the UK record label trade body the BPI began legal proceedings against CD WOW! in 2004 to enforce that law, the online company pledged to only source music from EU sources from that point forward. However this week a judge found in favour of BPI in their legal action claiming CD WOW! continued to sell UK customers CDs sourced in Hong Kong. The judge concluded that in "meeting the criminal burden of proof" the BPI's case had established "beyond reasonable doubt" that CD WOW!'s actions were a "substantial breach of the court order" and that the retailer had "no tenable ground of defence to the claimant's claim for damages for primary infringement of the claimant's copyright". CD WOW! shareholder Philip Robinson's lawyers admitted in court that the company had breached the undertakings it made to the High Court in 2004 and said that it would pay £50,000 in costs to BPI but believed that it was not liable for fines or damages. Then you have the corporate battle that is seeing almost daily decisions and changes in content copyright permission between YouTube and MySpace. But MySpace seem to have gotten the upper hand lately with some big time partnerships announced. So they may trump YouTube? Well, not necessarily. MySpace is notoriously buggy, and two hackers have come out in the past week and proclaimed April to be a "Month of Bugs", as it were. During the month the pair will release a "bug a day" online and, should their claims of the myriad bugs capable of crippling the site prove real, MySpace could have a battle on his hands merely keeping it's site alive. Such is the nature of a website dedicated almost entirely to people putting in just about whatever content they want to add to it! Then there is the fact that both companies have billions of dollars in lawsuits hanging over them for copyright infringement. Viacom Inc. alone filed a $1 billion copyright infringement lawsuit against Google Inc. and YouTube just last week, and that's just for starters! The major problem with all of this as I see it, whether you agree with the legal positions or not, is that the recording industry appears to be entering a sort of a holding pattern. Companies seem to be consolidating their rosters, not necessarily shelling out much for new signings, not committing to a whole hell of a lot. Should I say, more so than ever before these things seem to be occurring. In one way you can't really blame them, who knows what is going to happen in the near future, let alone in the distant future that a five album deal could stretch across? But therein lies the Catch 22, they make "new" money from providing "new" product as much as any industry. No new product means no new revenue, means no more money for new talent, etc. etc. In some slightly better news, particularly for the indies, the Library of Congress's Copyright Royalty Judges agreed to consider holding a rehearing on the new rate schedule for Internet music streaming set earlier this month and mentioned in the last issue of the bmusic newsletter. The near doubling of the per rate song over the next few years set by the Library of Congress's Copyright Royalty Judges is set to cripple many smaller internet radio operations. Maybe there's hope of some common sense or compromise yet. But in the cases detailed earlier, there's simply too many people with a LOT of money tied up in music as a business these days for anything to go away quickly, quietly and comfortably. A Where Are They Now? by request this week, a long career spanning around five decades and one a story that might hold some surprising facts for even those who know the man. Regulars including Feature Article, The Weeks Ahead in Music History, Featured Artist and more are all inside Issue 253 of the bmusic Newsletter. Links in the Table of contents below will launch your browser, so you'll need to be online to view the newsletter. If you are unable to receive html format e-mails then copy and paste the following link into your browser's address bar to view the newsletter: http://www.bmusic.com.au/links/whatsnew/newsletters/archives/newsno253.html Thanks to everyone for reading, we'll see you next issue! TABLE OF CONTENTS (You will need to be online to use the Table of Contents to jump through sections) Events Births Deaths |
WHERE ARE THEY NOW? - ERIC WOOLFSON
FEATURED PRODUCT - TOKAI GUITARS
THIS WEEK'S FEATURE ARTICLE - YOUR STORY ON ONE PAGE
FEATURED ARTIST - BLOW UP BETTY
THE WEEK AHEAD IN MUSIC
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