EC pares down plans for telecoms super-regulator Dec 2008
"The European Commission has agreed to pare back plans for a telecoms super-regulator, following a European Parliament vote in September.
12/10/08
EU Public Affairs Monitor - 02/12/08
12/8/08
Music News Bulletin - 08/12/08
Terry McBride Explains How Nettwerk Puts Fans In Control
"Mark Glaser has an absolute must-read interview with music label Nettwerk's CEO Terry McBride. Nettwerk, of course, has been one of a few record labels that really understands how the market has been changing, and has moved aggressively to take advantage of that. The label, which represents some top artists like Coldplay, Barenaked Ladies, K-OS and Avril Lavigne, got a lot of press a couple years back when it agreed to pay for the defense of some folks who were sued by the RIAA for file sharing. But, much more interesting was how it was actively embracing the changing market while other record labels were trying to hold back the tide. I don't agree with everything McBride has to say, but he's a lot closer to understanding where the music market is heading than pretty much everyone else we've seen in the recording industry.
You should really read the entire interview, but a few highlights are things like where he points out that musicians and record labels should be selling the overall brand, not the music." [TechDirt]
This Kraken fights for good
"If you're up on your pirate lore, or perhaps have your Pirates of the
12/5/08
Music News Bulletin - 05/12/08
"U.K. independent labels trade body AIM has called an emergency meeting after independent distribution company Pinnacle Entertainment went into administration. Although calls at the company's HQ in Sidcup, Kent were not answered, accountancy firm BDO Stoy Hayward confirmed it had been appointed as the administrator today (Dec. 3). The move is roughly equivalent to Chapter 11 bankruptcy in the U.S. Following an initial review of the company, 94 staff have been made redundant.
Pinnacle claimed to distribute releases from more than 400 record labels, as well as DVDs and software. It handled releases by Dramatico, including Katie Melua, as well as Bella Union and One Little Indian. "The Katie Melua Collection" is one of the biggest current releases affected." [Billboard]
Pinnacle Collapse A 'Nightmare' For Indies
"U.K. independent labels' representatives have consulted a lawyer through trade body AIM after independent distribution company Pinnacle went into administration on Dec. 3, roughly equivalent to Chapter 11 bankruptcy in the U.S. Around 60 labels were represented at the meeting today (Dec. 4) at AIM's HQ in Chiswick, west London, along with authors' collecting society MCPS, iTunes and Pinnacle's digital management partner Consolidated Independent.
The mood was described as "very serious" by one attendee, although Cooking Vinyl founder and managing director Martin Goldschmidt tells Billboard.biz, "It's a horrible time but the meeting was very productive."
At least 300 physical release labels are affected and even more digital labels; U.S. acts affected include Sub Pop's Fleet Foxes, licensed to Bella Union in the U.K.
Label bosses consulted with barrister Philip Flower, a specialist in corporate insolvency. It has emerged that many labels are unhappy with the terms offered by the administrators BDO Stoy Hayward regarding the return of stock." [Billboard]
Pinnacle goes into administration
"Distributor Pinnacle has gone into administration, with the loss of 94 jobs. The company, which distributes labels such as Dramatico and One Little Indian, reportedly told staff the news this morning. Senior executives are believed to be in meetings this afternoon in an attempt to resolve the situation.
Staff are not answering phones at the company’s Sidcup headquarters and there is no indication on its website www.pinnacle-entertainment.co.uk. However, adminstrators Matthew Tait and David Gilbert at BDO Stoy Hayward confirmed the news this afternoon." [MusicWeek]
Amazon MP3 launches in the UK
"Amazon has soft launched its long-awaited MP3 store in the UK, offering MP3 downloads from all four of the majors and several independent labels at bargain prices. Amazon launched its MP3 store in the US late in 2007 and promised at Midem 2008 that it would roll this out globally by the end of the year.
The launch has been long rumoured, with early reports suggesting that it would launch in September. The site, which operates off the main Amazon.co.uk site, is competing on price, with albums such as Take That’s The Circus available for just £3. Hits such as Girls Alouds’ Promises are available at 59p. Tracks on the site are encoded using variable bit rates for maximum audio quality and smaller file sizes, aiming at an average of 256kbps." [MusicWeek]
Online seen claiming 41 pct share of U.S. music market
"Digital music sales account for 18 percent of the U.S. music market and that figure will grow to 41 percent in five years, Forrester Research said in a report released on Monday. The report titled "U.S. Music Forecast, 2008 to 2013" also forecast that 55 percent of U.S. online consumers will pay to download digital music in 2013.
JupiterResearch, a division of Massachusetts-based independent company Forrester Research, said in the report that growth in digital music sales will not compensate for declining CD sales, with the overall U.S. music market shrinking over the next five years from its current level of $10.2 billion to $9.8 billion.
The report also noted crossover between CD and digital music purchases. In a survey, researchers found that 64 percent of subscribers to digital music services and 57 percent of consumers who download music have bought a CD in a store in the past year.
The Forrester Research report comes as digital music sales have emerged as the main growth sector for the U.S. music industry. While online piracy has long accounted for the bulk of digital music downloads, the Forrester Research report noted that paying for music downloads is increasingly popular. The researchers also credited companies such as Amazon.com Inc with helping propel digital music sales by allowing consumers to buy digital music that can be transferred between different devices without restrictions." [Reuters]
Worst Industry Statement of 2008
"Seymour Stein, VP at Warner Music Group and founder of Sire Records, as quoted by the Globe and Mail: We blew it. The first major music labels were all phonograph manufacturers, but by the time the Beatles came along, most companies were no longer involved in the hardware. Had we remained in control of the hardware, we wouldn't be hurting as much as we are now. And the iPod would be ours.
This is a joke, right? I get his attempt at logic, but the argument is not only quite a stretch, it is a sad combination of wishful thinking and Monday morning quarterbacking. More realistic would be something like, "We should have got into management, ticketing, e-commerce and merchandise when we had the chance." Either way, such exercises are moot. No point talking about what could have been. Just worry about what is possible." [Coolfer]
EU Public Affairs Monitor - 05/12/08
Industry welcomes Danish Pirate Bay Ruling
"A gaggle of trade body spokesmen, and that is the correct collective noun, in case you wondered, lined up to welcome a ruling in the Danish courts this week which upheld a previous ruling that Denmark-based internet service provider Sonofon is obliged to block access to The Pirate Bay website, because the site is responsible for mass copyright infringement.
The Pirate Bay, of course, is the most blatant of the BitTorrent trackers who provide access to all kinds of illegal sources of digital content. The Swedish based enterprise has continued to operate despite a number of court rulings against them. The people behind the website are facing prosecution in Sweden and could be in court as soon as February.
But the Danish case centered on ISP Sonofon who have been told they have to block access to The Pirate Bay, but who aren't so keen on doing so. They appealed an earlier ruling that ordered the blocking, but Denmark's appeal court upheld the original order on Wednesday." [CMUDaily]
New Firefox extension turns Amazon.com into illegal free-for-all
"A new Firefox extension called Pirates of the Amazon lets users download movies, games, TV shows, and MP3s free of charge by cross referencing Amazon's product pages with torrent files from the Pirate Bay.
If the content can be found on the Pirate Bay's search index it shows up as a "Download 4 Free" link on the top of the Amazon product page. This links directly to the hosted .torrent tracker file, letting the user avoid having to make a purchase from Amazon in place of acquiring it illegally via BitTorrent." [RecordOfTheDay]
Une vidéo sur les dessous du projet de loi Création et Internet
"La chaîne Public Sénat a consacré un des numéros de son émission les Dessous de la Loi, à la gestion de la loi Création et Internet. Un reportage intéressant en ce qu’il permet de replacer le texte dans son contexte et découvrir certains de ses dessous.
Au fil de l’émission, la parole est donnée aux principaux protagonistes de Christine Abanel, à Jérémie Zimmerman de la Quadrature du net, en passant par la SACEM, Pascal Nègre ou Mano Solo ou les inévitables Clément et Alexandre de la Chanson du Dimanche. Les divisions du PS, les positions de la Commission des affaires économiques, très sensibilisée aux conséquences de la coupure sur les réseaux sont également remis en lumière." [PCInpact]
A successful EU organisation
"The Office for Harmonisation in the Internal Market has approved more than 500,000 applications for EU-wide trademarks since it was created in 1996.
The Office for Harmonisation in the Internal Market (OHIM) is not the best known of EU organisations but it is arguably one of the most successful. The office, which grants Community-wide trademarks, has just approved its 500,000th application. It finances itself entirely from the fees it charges for trademark registration and is expecting to generate a surplus of €65 million this year. It has already built up reserves of €350m, which have made it possible to cut the registration fee to less than €1,000, down from €1,700 since 2005 and €2,075 from 1996 when the office became operational." [EuropeanVoice]
EU Public Affairs Monitor - 05/12/08
"The EU struggles to come up with an effective set-up for intellectual property rights. The EU constantly stresses the importance of promoting a knowledge-based economy. But one of the crucial components of a knowledge-based economy, as the European Commission and national governments have repeatedly acknowledged, is an effective set-up for protecting intellectual property rights. Without protection for intellectual property, runs the argument, inventors and innovators will take their talents elsewhere and businesses will not develop the new products, services and technologies needed if the EU is to be an area of innovation.
Holders of intellectual property rights need to be sure that the revenue from their brands and inventions is maximised and counterfeiting and piracy is adequately tackled both inside the Union and in the rest of the world." [EuropeanVoice]
Can the EU protect intellectual property? (I) by Karin Riis-Jørgensen MEP
"Europe needs modern solutions to tackle the problems that counterfeiters of digital and physical goods pose to intellectual property rights. There is no doubt that protection of intellectual property is and will be one of the major challenges for Europe in the future. In a global world we need to protect our property rights and trademarks. The growth of the counterfeiting industry is partly a consequence of globalisation, since more than half of the counterfeit goods that come to Europe are from China. But globalisation is also the reason why we need to protect our trademarks. For many companies, production is no longer profitable in Europe, but development is. And that is what we are good at in Europe and what we need to protect. If new designs and goods are copied as soon as they enter the market, development will no longer be profitable in Europe." [EuropeanVoice]
Can the EU protect intellectual property? (II) by Arlene McCarthy MEP
"Counterfeiting and piracy pose serious threats to business and governments, but also put European consumers at great risk. Global counterfeiting and piracy continues to rise. It accounts for some 7% of world trade and in 2007 European customs officers registered more than 43,000 cases of fake goods seized at the EU's external border, compared to 37,000 in 2006. An increase of almost 17%.
Legitimate business is damaged by the loss of sales haemorrhaging to counterfeit and pirated goods and services. Europe is a centre of excellence for promoting innovation and creative products. The creative media and business information sector alone is worth more than €350 billion, but counterfeiting and piracy rob entre-preneurs of vital resources for research and development investment in new innovative products and services, and undermine Europe's attempt to increase its competitiveness and create jobs." [EuropeanVoice]
Canadian Copyright Board Opens Hearing On Music Tariffs
"The Canadian Copyright Board kicked off a large-scale hearing today in Ottawa over arguments about multiple tariffs that cover everything from performing rights in songs to mechanical reproduction rights.
"It's sure to be a landmark hearing, if only because it's the first time that the board has combined all radio-related tariffs into a single proceeding," says David Basskin, president of the Canadian Musical Reproduction Rights Agency (CMRRA).
The hearing will take more than a week and will hear debates over several tariffs, including those brought forward by the Society of Authors, Composers, and Music Publishers of Canada for performing rights in songs, an application by CMRRA and Société professionnelle des auteurs et des compositeurs du Québec dealing with reproduction rights, the Neighbouring Rights Collective of Canada and La Société de gestion collective de l'Union des artistes involving performing rights as well as the AVLA Audio-Video Licensing Agency and Quebec Collective Society for the Rights of Makers of Sound and Video Recordings." [Billboard]
Exclusive: Indies vs. Spain
In a desperate move to save jobs and preserve a hard-built cultural and commercial industry, a group of music companies and retailers are nearing a decision to file a legal action against the government of Spain, Music Confidential has learned. Executives believe the government is shirking its responsibility to protect the companies' intellectual property and commercial rights from Internet piracy.
Not only would this be the first lawsuit of its kind, but the twist is that it is not being led by multinational corporations. This move is driven by small- and medium-sized independent Spanish enterprises. Sources say that at least one other independent music group will also be monitoring their progress with an eye toward filing similar actions against the governments of other European Union member states. The governments of Germany and Italy may be next in line. [MusicConfidential]
Merlin honoured by Spanish government
"Indie global rights agency Merlin has been honoured at the International Forum on Digital Content (FICOD) in Madrid. Merlin board member Mark Kitcatt was presented with the award for Improving Competition For Independent Music Companies by Spanish Minister of Industry, Tourism and Trade, Sr. D. Miguel Sebastian.
The award recognises the work that Merlin is doing to enhance the ability of independents to access the online space and to develop the digital market.
Merlin CEO Charles Caldas says, “We are delighted to have received this award and that the tremendous efficiency and global reach that Merlin provides those wishing to license the world’s most exciting and commercially valuable independent repertoire has been recognised.”" [MusicWeek]
Burnham to keep pressure on ISPs
Culture Secretary Andy Burnham has again signalled that the Government is in no mood for messing and will legislate should ISPs not make progress on piracy. Speaking at last night’s Squaring The Circle MusicTank, which was the final of four networking sessions examining alternatives to illegal file sharing, Burnham told industry executives that he is “determined to bring the issue to a conclusion”. He added that pressure will be kept on the ISPs to ensure progress with the ongoing Memorandum of Understanding does not slip.
Burnham told the networking group, which also featured contributions from Dan Klein, Detica media accounts director, Simon Persoff, Orange UK director, legal and regulatory and Richard Mollet, the BPI’s public affairs director, that the success of the MoU will be seen over a two to three year timescale and that the parties need to “find solutions which reward creators. It is in the public interest for there to be a workable system of copyright.”
He added that the creative industries and the internet are now mainstream, so the debate is changing and the need for government to have a role is becoming clearer – “the internet is not a place where governments can’t go”." [MusicWeek]
UK consumers, Big Content battle over three-strikes rules
"Although France's "graduated response" proceedings have attracted the most attention, the UK is in the midst of a consultation of its own on how to involve both content owners and ISPs in some sort of response to P2P file-sharing. The government is pushing a co-regulatory approach that would task industry groups with hashing out the details of such a plan, while the government would make sure that any agreement is fair, competitive, and preserves privacy. With all the responses now in, the UK music industry is clearly pleased that it won't have to pursue 6.5 million copyright infringers on its own. Digital rights groups are... less excited.
The entire consultation is helmed by BERR
ISPs sign voluntary code on speed
""BT, Virgin Media, Talk Talk and Tiscali are among a group of Internet Service Providers which have signed up to Ofcom’s new voluntary code of practice governing broadband speeds.
Ofcom had found a rising number of ISPs were selling their services by claiming faster and faster broadband speeds to download music, games and films. But, few customers were seeing the tangible benefits.
The regulator, therefore, asked ISPs to provide better and more realistic information and sign up to the code of practice on how they present broadband speeds.
The eight principles of the code cover areas such as training and information at point of sale to ensure that customers are aware that they might not get the maximum speed advertised because of technical or other factors. The code also ensures every ISP must have trustworthy systems to find the cause of a speed problem and take steps to fix any issue that is down to them." [MusicWeek]
EU Parliament Monitor - 05/12/08
Price caps for sending text messages abroad and other data roaming services such as video downloads or mobile TV were debated at a hearing of Parliament's Industry Committee on Tuesday. MEPs also discussed with mobile operators, regulators and consumer organisations whether there was a need to set voice-call roaming price caps for 2010-13.
"Retail and wholesale price caps for roaming calls are unfortunately still necessary", said Parliament's rapporteur Adina-Ioana Vālean (ALDE, RO) because "many charges remain disproportionately high". Regulation should, however, "continue to be an exceptional measure" as "a healthy roaming market will not be able to prosper under a long-term regulation", she said. [EuroParl]
Highlights of Brussels plenary session 3-4 December
[EuroParl]
EU Council Monitor - 05/12/08
"The vast majority of businesses in the European Union are small and medium-sized enterprises (SMEs), with no more than 250 employees. They are the ones providing most new jobs. Finding themselves increasingly affected by the present financial crisis and economic downturn, they are soon to qualify for a package of special measures.
Having made SMEs' needs a permanent priority for the European Union, the Competitiveness Council on 1 December 2008 adopted some conclusions including specific steps to improve financing arrangements, simplify the environment and facilitate market access for SMEs.
The conclusions (in French) are available here." [Europa]
Competitiveness Council - Conclusions
The complete set of conclusions can be found on the link [Europa]
Small Business Act will "have a significant positive effect on the environment for SMEs"
"SMEs are crucial to Europe's economy, providing over 100 million jobs. In view of the current financial market crisis, the European Council must confirm that it will formally approve the Small Business Act and make its provisions binding, say MEPs in a resolution put forward by the EPP-ED and Socialist groups. The resolution was adopted with 614 votes in favour, 11 against and 9 abstentions.
Formerly approving the SBA will "ensure the necessary high visibility", while making its provisions binding will "have a significant positive effect on the environment for SMEs". [EuroParl]
First “European sessions on innovation”
"On 9 December 2008 in Paris, the French Presidency of the Council of the European Union is to hold the first “European sessions on innovation”, with the participation of the President of the French Republic and President of the European Council, Nicolas Sarkozy, as a prelude to The European Year of Innovation in 2009." [UE2008]
EU Commission Monitor - 05/12/08
Speech by Margot Wallström - Vice-President of the European Commission at Seminar on Online and Multimedia Communication in Madrid, 2nd December 2008 [Europa]
Trademark success
"One success story in the EU's intellectual property regime, the Office for Harmonization in the Internal Market, based in Alicante, Spain, is highlighted in this special report. The office has just registered its 500,000th trademark and has recently lowered its fees, helped by a healthy financial balance sheet.
But if there is one glaring disappointment in the EU's set-up for intellectual property rights, it is the failure to agree a single Community patent. The Commission's work programme for 2009 says that “the lack of a cost-effective, single patent remains an obvious shortcoming of the single market”. Business groups have long called for a unified patent approvals procedure that would substantially lower costs for inventors and innovators, but still some national governments resist the idea. Nevertheless, the case for a simplified approvals and litigation regime remains compelling." [EuropeanVoice]
A successful EU organisation
"The Office for Harmonisation in the Internal Market has approved more than 500,000 applications for EU-wide trademarks since it was created in 1996.
The Office for Harmonisation in the Internal Market (OHIM) is not the best known of EU organisations but it is arguably one of the most successful. The office, which grants Community-wide trademarks, has just approved its 500,000th application. It finances itself entirely from the fees it charges for trademark registration and is expecting to generate a surplus of €65 million this year. It has already built up reserves of €350m, which have made it possible to cut the registration fee to less than €1,000, down from €1,700 since 2005 and €2,075 from 1996 when the office became operational." [EuropeanVoice]
12/3/08
Music News Bulletin - 03/12/08
Digital Growth Won’t Stop Overall Music Sales From Shrinking, According To Forecast
"US digital music sales will grow by 17 percent per year on average over the next five years, to make up 41 percent of sales by 2013, Forrester’s latest Jupiterresearch forecast says. But that won’t stop overall sales shrinking by 0.8 percent per year on average from $10.2 billion to $9.8 billion. Citing sticking points in the digital world and an acceleration in CDs’ decline, Forrester revised its forecast from a 7.1 percent annual drop to 8.7 percent following poor 2007 CD sales." [PaidContent]
"While two B.C. festivals celebrate film and music, players behind the scenes thrash out how their businesses can survive
12/2/08
EU Public Affairs Monitor - 02/12/08
Songbeat: Making music piracy easier than ever?
"There’s a new version of Songbeat, a simple but powerful desktop application for discovering music online, and I like it. When it was first released earlier this year, the client only enabled you to search for music online using Seeqpod, but the updated version lets you search more engines at once and also lets you easily play, export and download songs." [TechCrunch]
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