In recent news ...
Pre-1972 Performers Win Second California Ruling
On Oct. 14 California State Superior Court Judge Mary H. Strobel ruled in favor of record labels' contention against SiriusXM that performers on pre-1972 tracks enjoy state-level protection for their public performance rights. A jury instruction was at issue, based on California Civil Code Section 980, granting "exclusive ownership" to the authors of original sound recordings. "This court has concluded that Section 980 must be interpreted to recognize exclusive ownership rights as encompassing public performance rights in pre-1972 sound recordings," said Strobel, whose ruling reversed a tentative ruling made in August. She was persuaded by the logic used in September's U.S. District Court summary judgment decision against SiriusXM in the case brought by Flo & Eddie (Mark Volman and Howard Kaylan) of the Turtles, although she noted that there were other areas of disagreement and the "federal trial court opinion is not binding on this court." The record labels have a similar case pending in New York state against Pandora, and Flo & Eddie have New York and Florida cases pending against SiriusXM as well as their latest pre-1972 case that was brought against Pandora in California earlier this month. September's District Court opinion has been described as an "earthquake" and this Superior Court action as the aftershock that the music industry was hoping would arrive. RIAA CEO Cary Sherman said, "It's increasingly clear that SiriusXM, Pandora and other digital music firms who refuse to pay legacy artists and rights holders are on the wrong side of history and the law. It's time for that to change." What happens in other states remains to be seen, but for pre-1972 performers relying on Section 980 performance rights in California courts — all of them potential plaintiffs who were left out of federal copyright protection for their work — this second ruling in their favor is great news for the continued fight ahead.
UK Report Sets Steps For Copyright Education
Mike Weatherley, a member of Parliament and intellectual property adviser to Britain's Prime Minister, released "Copyright Education And Awareness," a discussion paper surveying several ways the UK should improve public awareness of copyright, especially among younger people. His agenda is especially timely because the UK allocated intellectual property education funds this past summer to be spent as part of its Creative Content UK initiative. "Despite the efforts of rights holders and their representatives, there remains too little understanding and awareness [or respect] of IP especially amongst younger consumers. Education is essential in addressing these knowledge gaps," said Weatherley. Most of the recommendations are directed at the Intellectual Property Office but the report also surveys the many government and private organizations that are active in the IP sector. In addition to calls for better metrics, enhanced school programs, and creation of a UK IP education coordinator, Weatherley's chief recommendation is for "a more strategic partnership" between "all interested parties" with "increased coordination and accountability."
YouTube Content ID Program Passes Payout Milestone
On Oct. 12 Financial Times reported that YouTube's Content ID program had paid content owners more than $1 billion over the seven-year life of the program, a figure the company confirmed to Billboard. Although the sum is much smaller on a per-system basis than the payouts from several legitimate services, it is noteworthy because Content ID allows owners to gain ad money from videos that are automatically detected as probably infringing. Thousands of creators now participate in the program, which also gives them the option of blocking infringing content on the site. Google Legal Director for Copyright Fred von Lohmann said, "The vast majority choose to monetize and track rather than block the videos."
The Recording Academy actively represents the music community on such issues as intellectual property rights, music piracy, archiving and preservation, and censorship concerns. In pursuing its commitment to addressing these and other issues, The Recording Academy undertakes a variety of national initiatives. ArtsWatch is a key part of an agenda aimed at raising public awareness of and support for the rights of artists. To become more involved, visit Advocacy Action @ GRAMMY.com and sign up for Advocacy Action E-lerts.