EU Public Affairs Monitor - 25/07/08

Senator fuses controversial IP bills into big, bad package July 25, 2008
"Intellectual property legislation introduced in the Senate on Thursday would combine elements of two controversial IP enforcement bills: The PRO-IP Act, which passed the House by a wide margin in May, and the PIRATE Act, which has won Senate approval several times since its first introduction in 2004. The law would increase penalties for counterfeiting, empower federal prosecutors to bring civil suits against copyright infringers, create a federal copyright czar to coordinate IP enforcement, and provide for the seizure of property used to violate copyrights and trademarks.

Related Stories
Like PRO-IP, the Enforcement of Intellectual Property Rights Act of 2008 would double statutory damages for counterfeiting, with damages as high as $2 million for "willful" trademark violations. It also empowers the president to appoint an Intellectual Property Enforcement Coordinator (or "copyright czar"), who would develop a "joint strategic plan" meant to harmonize the IP enforcement efforts of diverse federal agencies, including the Department of Justice, Patent Office, State Department, and Department of Homeland Security. The Attorney General is directed to deploy five further IPECs as liaisons to foreign countries where piracy is rampant, and to establish a dedicated IP task force within the Federal Bureau of Investigation. The law also appropriates $25 million annually for grants to state and local government agencies working to crack down on IP violations." [ArsTechnica]

Music News Bulletin - 25/07/08

Deal or no deal?: Artists need to think twice before signing a 360-degree deal - it could leave them in a spin July 25 2008
Ever since Robbie Williams signed his notorious £80m deal with EMI in return for handing over the profits from all his musical ventures - including touring and merchandising - the 360-degree deal has been the biggest buzzword in the record industry. But who does it actually benefit?

Live Nation has signed 360-degree deals with artists like Jay-Z, Madonna and Nickelback and many major labels now see the advent of these kind of deals as an opportunity to dip into every aspect of their artists' income in return for handling everything from promotion to touring. [Guardian]

Will product placement tarnish music?: Tie-ins between music and brands are growing rife. Is the rise of sponsorship a necessary step, or a curse? July 3 2008
A few weeks ago a press release landed in my inbox, promoting Bebo's next online drama. According to the PR, it will be set amongst the real-life workings of Universal Music UK's west London headquarters. The producers will use cameos of real life Universal artists to bring "additional authenticity" - and some well targeted promotion for the artists, no doubt - to the show.

Financing for the project follows "Bebo's proven model of brand integration". Sony Ericsson is sponsoring, so "we can expect to see some clever references that integrate the brand or its other properties in to the show - whether it's Sam blagging his way out to an Ibiza Rocks with Sony Ericsson gig or simply winding his boss up with mobile phone-related pranks." [Guardian]

Music industry: Sky sets up rival for iTunes with Universal deal July 23 2008
BSkyB is hoping to revolutionise music consumption as it did television after announcing a tie-up with the world's biggest record label to launch an "all you can eat" digital service that will compete with Apple's iTunes.

Having signed up Universal, home to U2, Duffy and Amy Winehouse, as an equity partner in the new business, the pay TV group is also believed to be close to similar deals with other labels. [Guardian]

Music industry: Sky sets up rival for iTunes with Universal deal July 23 2008
BSkyB is hoping to revolutionise music consumption as it did television after announcing a tie-up with the world's biggest record label to launch an "all you can eat" digital service that will compete with Apple's iTunes.

Having signed up Universal, home to U2, Duffy and Amy Winehouse, as an equity partner in the new business, the pay TV group is also believed to be close to similar deals with other labels. [Guardian]

EU Public Affairs Monitor - 24/07/08

Virgin/BPI letters arrive, student freeloaders object 03/07/08
"Following the announcement a few weeks ago (see here) that Virgin Media would be sending out warning letters to some of their broadband customers, 800 of these letters have now been sent out across the UK. As reported on the Register and the BBC (here and here), one student customer has objected publicly about being labelled an Amy Winehouse fan, as the letter he received alleged that a track by the pop star was found to be linked to his internet account and he complained that he wasn't even a fan of her music." [IPKitten]

Would The Entertainment Industry Follow A Three Strikes Rule Itself?
"The entertainment industry has been increasingly pressuring ISPs to be copyright cops. The "three strikes" approach being pushed in France, the UK, Australia and possibly Canada is one of the more extreme attempts which would have unauthorized file sharers kicked off the internet entirely. Cory Doctorow asks if such companies would accept their own rule with a three-strikes-and-you're-out policy for sending out erroneous copyright notices -- meaning that they lose their own access for sending out three bogus takedown notices. Given that organizations like the RIAA and MPAA have sent takedown notices to laser printers and believe that providing proof of infringement is too hard, why not cut them off from the internet too after three questionable takedowns? Doctorow's proposal is admittedly Swiftian; aside from being entertaining, it highlights the ridiculousness of the whole three-strikes-and-you're-off-the-internet idea. If the entertainment industry wants ISPs to impose a three strikes rule for improper usage, they shouldn't mind being held to the same standard." [TechDirt]

The UK Acts Against File-Sharing Piracy 07.24.2008
"Today, the Financial Times reported a significant development in the fight against online copyright piracy. The U.K. is reportedly ready to announce an agreement between copyright owners and ISPs under which UK ISPs will agree to work to achieve "a 'significant reduction'" in illegal file-sharing. As a first step, the proposal would have ISPs send warning letters to 1,000 prolific illegal downloader per week during the three-month trial period. If that fails to significantly reduce illegal file-sharing, other alternatives would be considered, including a variation of the graduated-response/three-strikes proposal that would eventually disconnect Internet access services of persons who ignore repeated warnings or--of course--another European media levy, this time on internet-access services.

Personally, I hope that the U.K. opts for the graduated-response option. I realize that the usual "public-interest" groups say that disconnecting infringing users after repeated warnings is unfair, but, seriously, as compared to what? Forcing copyright owners to incur thousands of dollars filing John Doe lawsuits that must then be recovered from the families of teenagers and students unless copyright enforcement is to become a money-loosing proposition? Putting college students in jail? Those are the options available to deter illegal file-sharing under existing U.S. law. Are these options honestly less punitive or more enlightened than a graduated-response program? And by the way, libraries also provide access to knowledge, but if you don't follow their rules, they will throw you out and revoke your borrowing privileges. Is that unfair?" [IPCentral]

The internet is not free
"The result of the court action between Google and Viacom is that YouTube will need to police the material that people upload. I used to teach a course to staff at King's College London on copyright law, and one of the main pieces of advice I gave was that contrary to popular belief, content on the internet is not free. Yes, you can access certain information online, but this does not mean that is legal to upload or download it, as the case may be.

It therefore came as no surprise that a US district court judge ruled in favour of Viacom's demands to see who has been uploading their video content on YouTube. Call it payback time. This is part of a $1bn case which Viacom has undertaken to establish whether it is an infringement for YouTube to host copyright material on their website without permission." [Guardian]

How long should music copyright be? | New Music Strategies
"This one’s easy. I’ve been saying this for a while now, and it never fails to get me into an animated discussion. I’ve listened to all the arguments, read all the reports, heard convincing arguments about copyright extension and for complete overhaul of the copyright system.

And I’ve come to the following conclusion: The ideal term of both recording rights and composer’s rights is five years. That’s right: Five. Not 95. Not 75. Not 50 or 25. Five. That number again: 5." [NewMusicStrategies]

Knowledge Share: Maximising Information

Confidence has been growing in the third sector as its contribution to public policy has been increasingly recognised. Voluntary organisations are increasingly being recognised for their work in serving their local communities. Decision makers are increasingly being convinced by the third sector’s advocates of the need for ongoing public reform. However, there is still room for improvement. We have been underutilising the levels of knowledge of the sector. To fully develop the potential of the sector we need to ensure that every key fact and third sector success story is shared with relevant organisations and sections of the community. Currently the Economic and Social Research Council (ESRC) is undertaking a consultation on how academia can improve its analysis of the third sector, as it seeks to make its level of understanding match the public and private sectors. We should now take this opportunity to open the gates of understanding, welcome public analysis and adapt to develop models of co-dependent learning and education.

Recognising The Third Sectors Strengths And Weaknesses
The third sector suffers whenever information is underused because of silo mentalities and short-termist expediencies. Failed opportunities to learn about the sector and have up-to-date information on key areas often result in too many third sector organisations whispering their successes when we should be shouting their progress. When knowledge share does occur it allows us to present ourselves as unified. It enables us to strategise more effectively. It reduces wasteful searching for material. Duplication of efforts should also decline.

The third sector is often very successful at researching. Through specialist third sector material being uploaded on organisations’ websites and increasingly blogs and other web 2.0 based communications third sector organisations have been able to make the case for volunteerism, philanthropy and civic engagement. This is very useful, as it gives individual organisations the chance to explain developments in the third sector, areas of best practice and issues that prevent organisations from being able to fulfil their goals.

However, considerable amounts of information get lost. Often the strains placed on people researching and writing pieces combined with other onerous tasks can result in the acquired knowledge being underexposed. For instance, articles may not be uploaded onto the Internet after having been forwarded onto publication editors. Reports may be delayed and only done in infrequent batches. Other organisations with a mutual interest in the results may not be even informed at all.

Refocusing Knowledge
The ESRC is developing a strategy for its engagement with the third sector to ensure that the academic community is able to fully comprehend our goals and create opportunities for knowledge exchange. This is a great opportunity to highlight the strengths of the sector and make sure that the third sector is as well understood as the public and private sectors. Hopefully we will be able to have a clear overview of how society wide changes in governance are providing the third sector with unique roles for civil renewal.

However, given the gaps in knowledge that some areas of academia have previously had of the third sector it is important to strongly guide the direction of research in some areas of academic enquiry. Through explaining the difficulties that we face we will be able to add authority to ongoing issues such as the need for a stronger and more enforceable Compact, the importance of service provision being based on outcome measurement systems and the benefits of continuing state and public sector reform. Hopefully knowledge clusters will develop, as well as around sector specific research. If this happens then shared opinion will be able to fully represent the beneficial utility of the third sector to public services and communities.

Through participating with ESRC’s research and articulating our needs and desires we should be able to examine and then transform how academics and organisations plan and release information. We must also make efforts to highlight and encourage organisations which provide joined up research. For example, Intelligent Giving’s blog usefully signposts reports and events in its commentary, allowing time conscious third sector employees and curious parties links to more information should they require further insight on topics. Looking at the long-term picture the potential of the Internet to coordinate the third sector’s communication makes it necessary to examine ways of improving the sector’s existing knowledge champions and perhaps even coordinating new third party research hubs.

The third sector’s diversity provides an oasis of innovative ideas that can make it difficult to get a comprehensive overview of its strengths and weaknesses without taking the time to search around. However, if we matched the new commitment from the academic community to increasing levels of research of the third sector’s processes and the positive outcomes of our efforts with a new attitude to sharing our knowledge then we should be able to accelerate the development of a more professional, confident and effective sector.

This article was written on behalf of Peter Kyle, Director of Strategy and Enterprise for ACEVO in July 2008

EU Public Affairs Monitor - 18/07/08

Going for a song:EU moves to extend copyright for all musicians will benefit more unknown artists than super-rich rock dinosaurs July 18 2008
"I am fed up with reading headlines like "Sir Cliff Richard pins hopes on law that will keep cash rolling in until he's 113" every time there is news about extending musicians' copyright. And, of course, they never fail to mention the wealth of Paul McCartney and a handful of other rock dinosaurs at the same time.

Yes, I do understand that it sells more papers than using some ageing, unknown session musician without a pension as an example. But it's giving the public a totally warped view of what life is like for 99.9% of the musicians this bill is aimed at helping." [Guardian]

Bread and…Roses too: The Quest for Better Labour Relations

The dramatic rise in influence of the third sector since the 1990s has aroused a feeling of suspicion in some sections of society. Organisations such as acevo have been accused of being the ‘weapon of choice’ in undermining the welfare state, sometimes of herding the sector towards a point where we risk losing our independence in order to sit at the parents’ table of public service provision. These most ardent naysayers are misplaced in their fears.

One of the most interesting things about the third sector is its diversity. It is difficult to define what a ‘normal’ third sector organisation is, just as its equally difficult for politicians to articulate what Britishness is. This can exaggerate some trade unions’ anxieties. However, these differences make the third sector so invaluable (and it is what makes Britain so exciting). The third sector is neither lapdog nor Trojan horse. Third sector service provision will not tear down the welfare state and throw people into soup kitchens. Equally, we aren’t prepared to kowtow to funders if it harms the communities that we assist. The benefit of third sector organisations is that their individual goals are usually narrow, allowing them to accept working with all necessary organisations, cutting through the thick jungle of partisan baggage that often undermines public service improvements.

Welcome To The Jungle: The Quest Begins

Recently acevo launched a report on the relations between trade unions and the third sector. Our jungle guide, Nita Clarke provided us with a path that she had uncovered as a result of her time hunting with neighbouring tribes (Nita was a longtime official before going to work in No 10 for Tony Blair on Government and union relations. She now runs the IPA (The Involvement and Participation Association)). In our quest to uncover the lost city of Better Labour Relations, famous for its healthy and flourishing civil society we formed a League. Reacting, the bravest warriors in the land assembled at No. 11 Downing Street, where I was joined by famed leaders, including Phil Hope, Minister for the Third Sector; Tom Watson, Parliamentary Under Secretary of State; Keith Sonnet, Deputy General Secretary of Unison; Clare Tickell, Chief Executive of NCH; Nita Clarke; as well as numerous foot-soldiers of society.

Nita Clarke’s report, The Way Ahead highlighted how past actions and future fears had allowed the tribes of Unionism and The Third Sector to foster misgivings. Mistrust and lack of unity has allowed the roads to Better Labour Relations to become blocked by the enveloping thickets of conflict or pillaged by private interests. Many union elders witnessed firsthand the shift in public services to private and third sector providers and developed animosity towards our tribe. Some go as far as to suggest that third sector groups are a tool for undermining the welfare state or that we are unqualified to provide more than niche or specialist services. As I argued earlier, these fears are misplaced, although as Nina’s work highlights that there is significant scope for improving employment practices in the sector.

Equally, there have been concerns from the Third Sector Tribe that past skirmishes from Unionism to stem the transference of public services to our sector has made some of our chieftains wary of improving links for fears that it could militarise internal criticism, affecting their organisational cohesiveness. Many groups feel that the unions provide an outdated ‘offer’ and do not do enough to address the specific characteristics of the third sector or its staff.

The Way Ahead helped to rally the troops at No.11. Nita’s insights highlighted how past concerns can be overcome and how our differing skills but progressive values can make both the third sector and unions far more effective at serving communities. We were reminded how the third sector should be seen as a better alternative to the private sector during our journey. We were taught how trade unions could summon pools of knowledge on industrial relations to protect small and medium sized organisations from negative spirits that seek to undermine our goals. We are now confident that more can be achieved through joint lobbying and open communications. The occasion reminded me of ancient wars, where union standard bearers advanced under the proclamation “We want Bread… and Roses too.” I believe that this theme unites the people of Unionism and The Third Sector in our quest.

Fired with this spirit we march, aware of our need for a joined up strategy for improving HR and ER as a matter of priority. Common agendas will emerge as we identify issues of mutual concern, develop better union/third sector protocols and dispute resolution procedures and achieve more goals through combined campaigns. The trail towards our destination is long but we are now more aware of what needs to be done to reach the city of Better Labour Relations.

This article was written on behalf of Stephen Bubb, CEO of ACEVO in July 2008

US Public Affairs - 30/06/09

Music Performers In US Policy Fight For Payment From Broadcasters

"Performance-rights groups and broadcasters went head-to-head Wednesday as the two sides testified before the United States Congress as to whether conventional radio broadcasters should pay performance musicians if the broadcasters play their music.

US lawmakers have introduced The Performance Rights Act in both the House and the Senate in an effort to make sure performing artists are compensated when their sound recordings are played over the radio. Radio stations pay songwriters in the US for the right to broadcast, but not performers. Satellite radio and internet radio, as well as cable companies, do pay for the same right." [IPWatch]

Music News Bulletin - 30/06/08

Virgin-BPI Alliance Against File-Sharers Seen As Not Synced With UK Policy

"The decision by Virgin recording company to send warning letters to alleged music pirates earlier this month appears out of sync with the approach internet service providers in the United Kingdom and elsewhere in Europe might take as a means to thwart piracy.

ISPs have implemented the warning letter approach in the United States, and French service providers are likely to follow suit, but the role of ISPs in the illegal file-sharing battle remains a subject of negotiation in the UK. Parties in the UK with a vested interest in protecting their intellectual property rights, ranging from music interests to the software industry, continue to discuss possible solutions without agreement yet on a unified approach." [IPWatch]

EU Commission: Competition - 30/06/08

Impala appeals Sony BMG decision: Says European Commission made errors
“ European independent music companies trade association Impala has launched another appeal with the European Commission contesting regulators' clearance of the Sony BMG merger. Brussels-based Impala said Monday that it lodged an appeal on Friday with the EC's Court of First Instance in Luxembourg, in which it challenges the EC's unconditional authorization of the recorded music joint-venture.” [AdamArgitWagner]

EU Public Affairs Monitor - 24/06/08

Play it again ... 22 June 2008
"Via the IPKat's friend Miri Frankel comes this feature on Wired regarding the Recording Industry Association of America (RIAA) and its litigation against file sharers (so far more than 20,000 copyright infringement actions have apparently been launched). This story involves a New York family accused of copyright infringement.

The RIAA initially identified the mother, Joan Cassin, as being the operative copyright infringer, but later dropped its action at the point at which which the judge was pondering a motion to dismiss the case based on the "making available" theory (see here, here and here). Two weeks later, the RIAA re-filed more or less identical allegations in a fresh action that was sent to another judge because the RIAA did not "relate" the cases. Discovery was immediately sought in order to find out whose KazaA file share folder was being used -- a share folder on the same Verizon internet account as was used at the Cassin household. Curiously the second lawsuit was filed as a John Doe case, without naming a defendant." [IPKitten]

A Performance Right for Recording Artists: Sound Policy at Home and Abroad
"The recent introduction of H.R. 4789 and S. 2500, both titled the “Performance June 2008 Rights Act,”1 means that broadcasters, recording artists, and record labels may resume a recurring debate about whether copyrights in sound recordings should include a general public-performance right that would make their owners eligible to be paid when their songs are performed publicly on broadcast radio stations. History suggests that this debate may become heated and potentially protracted.

Nevertheless, from the perspective of copyright policy, this public-performance - right debate is simple. Denying a public-performance right in sound recordings is bad copyright policy and bad technology policy, and it undermines both the international and economic interests of the United States. Consequently, Congress should enact the Performance Rights Act: There is little to be lost and much to be gained." [PFF]

Did the Making-Available Debate End Before It Began 13 June 2008
Today, many courts are adjudicating copyright-infringement claims against consumers who used file-sharing programs like KaZaA to "share" copyrighted music and movies with thousands of strangers. These courts have been struggling with the question of whether the unauthorized "sharing" of a work infringes the rights of its copyright owner--in others words, whether U.S. law provides copyright owners with a so-called "making-available" right.

Recently, the Court hearing Capitol Records, Inc. v. Thomas posed a question about when appellate decisions are binding precedents for lower courts. The answer to this question appears to show that--at least in the federal district and circuit courts--the making-available debate ended seven years ago.

http://www.pff.org/issues-pubs/ps/2008/ps4.13thomasandtasini.pdf"

[PFF]

Stop Press Important Litigation Alert June 12, 2008

"The Electronic Frontier Foundation is crowing about a ruling they got that people who sell promo CDs--that the recipient is given with full knowledge that the recipient is not supposed to sell the disc--are permitted to sell their promos on eBay and presumably in bricks and mortar stores as well. Ah yes, a great victory for the EFFluviati. What does this mean exactly? It means that the EFFluviati once again have managed to screw artists and songwriters." [MusicTechPolicy]

Orphan Works: No Copyright Infringement Litigation Says the Google Budget Office June 24, 2008
"Orphan works legislation is no problem, says the Congressional Budget Office because "[a]ccording to Copyright officials, there have been very few lawsuits against copyright infringers in recent years and the value of the awards in those suits have not been large."" [MusicTechPolicy]