Archive for December, 2005

Those who ignore history…

I just got done reading an excellent article that walks through the history of the publishing industry in regards to copyrights, licensing fees, and sticking up for their rights. And hey, look here, it was written in 2001.

Record label faces online piracy suit By Anna Mathews, The Wall Street Journal Online

The title implies a narrow focus, but there is a detailed backstory within. The history lesson starts off in the 19th century, with a brief mention of Tin Pan Alley. During that time, publishers of sheet music weren’t just a part of the music industry - they were the music industry. As the 20th century rock n’ rolled on, the recording industry emerged as the top dog, driven by performances of popular artists.

But the publishing industry didn’t go away. They still want a piece of the pie, and have fought their battles over the years. While researching their actions, you don’t have to look too far before you’ll see the name Harry Fox Agency.

“Who’s Harry Fox?” one musician asked in a Web posting. “If I figure out how to play some song, what’s he got to do with it?”

A question just as relevant today as it was when it was asked back in 1999 at a time when the On-Line Guitar Archive was shut down. Sound familiar?

You might compare the industry shift after the Tin Pan Alley glory days to the technological hurdles publishers face today, but don’t expect them to take these changes lying down. At least not Edward P. Murphy, who in 2001 was CEO of the National Music Publishers’ Association.

Mr. Murphy’s point of view was shaped by events such as the advent of the copying machine, which wiped out much of his company’s sheet-music business. He vowed that he wouldn’t let new technologies hurt publishers again.

It may seem like the mainstream music industry has just one voice - usually attributed to the RIAA - but they’re just the recording side of things. The MPA and NMPA are the publishing side. After reading the Anna Mathews’ article, maybe it’ll be clearer how the industry can be at odds even within itself.

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RIAA shooting itself in the foot and quickly reloading

A compilation with commentary of many of the stupid things the RIAA has been doing recently. Kind of funny to see it all in one place.

read more | digg story

I’m referencing this Digg link, because of the following item:

RIAA going after sites that have song lyrics and tablature? What next? Are phrases going to be outlawed for public use. No kids named ‘Jude’, no storing ‘Toys in the Attic’, electricians can no longer use the words AC/DC?

The RIAA may do a lot of unpopular things, but the lyrics/tab crackdown is not one of them. I’ve mentioned this before, but it’s the MPA and NMPA that are making those threats.

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mxtabs.net -> sputnikmusic.com

I previously posted about several tablature sites shutting down, and one tab site I mentioned was mxtabs.net. If you’ve checked lately, it’s either redirected to sputnikmusic.com, or at other times your browser might indicate you’re not able to resolve the domain.

Looks like mxtabs is down for the count.

Webmaster/admin Jeremy announced that mxtabs has been shut down, and MusicianForums is moving in new direction. Here’s what he had to say.

Many of you have visited sputnikmusic.com, the music review extension of MF, where every MF member can post. I’ve been working a lot on the site lately, adding new features, etc.

To jump to the conclusion: MusicianForums is going to be expanded, and become part of sputnikmusic.com.

Update: I just wanted to reiterate what I’ve said before. The MPA and NMPA have indicated they will be taking action in 2006 to shut down lyrics and tablature sites. Some tab sites took precautionary measures, and have already pulled their content.

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Song site crackdown a hoax?

I’ve been reading skeptical opinions on message boards that the lyric/tab site crackdown is all a ruse.

BBC News (who first reported the story) is a reputable source, so right there we have little reason to believe it’s a hoax. The thing is some people are curious why the MPA’s site doesn’t mention it, in addition to the belief that every other story on the web references only the BBC article.

I don’t have any inside information, but my guess as to why the MPA site doesn’t mention the impending crackdown is because the site isn’t frequently updated, and until something actually happens such news wouldn’t be appropriate for their site.

As for the BBC News-only theory, I have found at least one other article that claims to have gotten additional statements from MPA president Lauren Keiser.
Labels Target Lyrics Sites [redherring.com]

Mr. Keiser ignited a flurry of criticism after telling the BBC last week that, in addition to fines and shutdowns for the scofflaws, “[if authorities can] throw in some jail time, I think we’ll be a little more effective.�?

He told RedHerring.com, “The record companies are seeking monetary settlements. We might get the justice department involved as an added vehicle.�?

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U.S. vs. the world on file-sharing

Is the United States getting increasingly out of touch with the rest of the world where technology matters are concerned?

read more | digg story

This Digg link is an opinion piece about French Parliament’s recent proposal to allow P2P downloading in combination with a tax on ISPs to compensate copyright holders.

I’ve been keeping track of the pros and cons of file sharing, and the “out of touch” criticism goes hand-in-hand with my argument “The Internet is global, and the RIAA is forcing American laws on the world.”

As I understand it, France’s copyright bill is still in progress, so it’ll be interesting to see how this story develops.

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British Music Cops Go After Fiddle Shop

Where does it stop? British music cops attempt to say that playing music while trying out an instrument in the shop is a “Public Performance” for which they must be paid. Pretty soon the music goons will want royalty when you remember a song.

read more | digg story

This story makes me think that copyright laws need to be clearer on what’s fair use and what’s not.

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Clandestine conversation

As I’ve been reading discussion around the web about lyrics and tabs, I’ve discovered some that don’t want attention brought to their sites. It’s understandable that if a web site is currently below the music industry’s radar, they’d like to stay that way.

The million dollar question is how does the MPA / NMPA plan on tracking down infringing sites? I’d guess they’ve already got a list of possible suspects based on search engine research, violation reports from rights holders, and perhaps even monitoring popular online forums.

I’m wondering if I should hold back with my posts here, and not mention some lesser-known lyric/tab sites. I’ll try to use my discretion.

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Petition Online

Someone started a petition at petitiononline.com for Musical Interpretation on the Internet, addressed to the MPA, and focuses on why interpretations of tabs should not constitute copyright infringement.

Like many online petitions, this will probably have little effect on reality, but it does show people are concerned. There were 3620 signatures when I checked.

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MPA Takes Down Bob Dylan Tab Site

“I don’t know if you’ve noticed, but my partner-in-crime, Eyolf, has more or less shut down his Dylan site. The reason: the American Music Publishers’ Association’s (MPA) new strategy concerning tab sites like ours.”

read more | digg story

The Bob Dylan site mentioned is dylanchords.com, and contrary to what the Digg title says, the MPA didn’t directly take down the content. The webmaster Eyolf decided to take down the tabs to avoid any trouble in the future.

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The carrot, not the stick

I was reading an opinion piece by Jonathan Irons, CEO, SheetMusicNow.com. He argues that the music industry is taking the wrong approach by making threats, and should instead promote legitimate web sites that have licensed content. Since SheetMusicNow.com is one such site, of course he’s going to say that, but he makes a good point.

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