Russia has long been one of the countries that's been least hospitable to songwriters and artists because of its arcane copyright laws. Piracy and corruption has always been the order of the day there, and it's home to some of the most notorious hackers and torrents.
When the Russian Communications Ministry announced a new proposal aimed at changing the existing system of copyright royalty collection, it didn't get the response from the Russian music industry that it expected, according to an article in Billboard.
Currently, a single Russian agency can collect royalties without having the rights holder sign a contract. Obviously, that's a practice ripe for plundering since it enabled "insufficient transparency" in accounting.
The new proposal requires contracts to be signed between the collections agency and the copyright holder, and it enables other collection societies besides the state appointed one to enter the market. Obviously this is a step in the right direction.
That didn't sit well with the Russian music establishment though. After the announcement, Andrei Krichevsky, head of the state-run Melodiya label, was quoted in a Russian newspaper criticizing the proposal, stating the current system was working well and very efficient. He was then attacked and beaten after leaving his office in Moscow.
For once, this actually seems like the Russian government is coming down on the side of the little guy, although beating its critics is a throwback to the old KGB days. One wonders if this new law will actually change anything.
Help Support This Blog
Showing posts with label copyright. Show all posts
Showing posts with label copyright. Show all posts
Wednesday, September 16, 2015
Thursday, September 3, 2015
A New Find Could Push The "Happy Birthday" Song Into The Public Domain
If you ever wondered why the "Happy Birthday To You" song that you grew up with is often replaced with some lame version in restaurants, television and movies, it's because the song isn't in the public domain. Its copyright is owned by Warner/Chappell Music, which collects about $2 million a year in royalties from its use.
There have been numerous lawsuits over the years claiming that Warner/Chappell didn't actually own the copyright, but all were defeated. But some new recently discovered evidence might turn the tide the other way and return the song to the public domain.
A librarian at the University of Louisville found the only known copy of "Good Morning To All," the song written by Louisville natives Mildred and Patty Hill and published in a children's book in 1893. The manuscript for the book was donated to the library in the 1950s but not cataloged.
Warner/Chappell acquired what it believed to be the copyright of "Happy Birthday To You" when it acquired the Clayton F. Summy Company in 1935. The company has aggressively defended its ownership of the song's copyright ever since.
A class action suit by a group of filmmakers, artists and musicians filed in 2013 claims that the song has been in the public domain all the while, and has asked that all the royalties collected by Warner/Chappell be returned. The new find in the Louisville library should add some weight to their claim.
It would be nice to have "Happy Birthday" back in the public domain, if for no other reason than to prevent hearing those bad substitutions ever again.
There have been numerous lawsuits over the years claiming that Warner/Chappell didn't actually own the copyright, but all were defeated. But some new recently discovered evidence might turn the tide the other way and return the song to the public domain.
A librarian at the University of Louisville found the only known copy of "Good Morning To All," the song written by Louisville natives Mildred and Patty Hill and published in a children's book in 1893. The manuscript for the book was donated to the library in the 1950s but not cataloged.
Warner/Chappell acquired what it believed to be the copyright of "Happy Birthday To You" when it acquired the Clayton F. Summy Company in 1935. The company has aggressively defended its ownership of the song's copyright ever since.
A class action suit by a group of filmmakers, artists and musicians filed in 2013 claims that the song has been in the public domain all the while, and has asked that all the royalties collected by Warner/Chappell be returned. The new find in the Louisville library should add some weight to their claim.
It would be nice to have "Happy Birthday" back in the public domain, if for no other reason than to prevent hearing those bad substitutions ever again.
Labels:
copyright,
Happy Birthday song,
Warner/Chappell
Wednesday, June 26, 2013
YouTube Copyright Explained By Puppets
Copyright can be confusing, especially when it comes to YouTube. Most people who post videos use someone else's music, which they usually don't own or pay for, and are later surprised when they're presented with a takedown notice. That's not the end of it though, as copyright has a number of additional aspects to it that attempts to make it easy for all parties to come away satisfied.
Here's a set of copyright rules for YouTube courtesy of reelseo that also has some great links to more detail, if needed. Below that is a movie by Glove And Boots that attempts to simplify the rules with a bit of humor.
Here's the set of rules:
Here's a set of copyright rules for YouTube courtesy of reelseo that also has some great links to more detail, if needed. Below that is a movie by Glove And Boots that attempts to simplify the rules with a bit of humor.
Here's the set of rules:
- If you upload original content on YouTube, you're protected by copyright. If you upload another creator's content, they're protected by copyright.
- If your original content is stolen by someone else, YouTube has a takedown notice policy. All you have to do is send a copyright infringement notice.
- ContentID is triggered automatically when you upload content that has audio or video that has been claimed by another copyright owner. So while the video is processing, ContentID is already working on the video to make sure it's completely original content.
- In some cases, the uploader has paid money for the rights to show copyrighted content, and in that case, people can file a dispute. The process can start straight from your YouTube Video Manager.
- There are two ways a video can be removed or blocked: the takedown notice and the ContentID match. To see the difference between the two, click here.
- Sometimes, though, the takedown notice is in error, or malicious. In that case, you can use a counter takedown notice. Under Fair Use, you are commenting, remixing, or criticizing (and a few other "ings") copyrighted content.
Thanks, Glove & Boots, for making this boring topic fun to watch!
----------------------------------
Help support this blog. Any purchases made through our Amazon links help support this website with no cost to you.
Follow me on Forbes for some insights on the new music business.
You should follow me on Twitter for daily news and updates on production and the music business.
You should follow me on Twitter for daily news and updates on production and the music business.
Check out my Big Picture blog for discussion on common music, engineering and production tips and tricks.
Labels:
copyright,
Glove and Boots,
ReelSEO,
video,
YouTube
Thursday, January 3, 2013
Public Domain Day
Public Domain Day is January 1st of every year and celebrates the moment when copyrights expire. Films, photos, books and music become "free as the air to common use" if their copyrights are finished, and they then become part of our common culture.
So how many works entered into the public domain in the United States this year? None, zero, nada, nothing! Not a single published work entered into the public domain this year, and won't next year or the year after that. In fact, there won't be anything entering into the public domain until 2019 at the earliest.
That's because the copyright term is now the lifetime of the author plus 70 years, and every creative work is automatically protected whether the author files the paperwork or not.
The long copyright term wasn't always the norm. When the first copyright law was written, the term lasted 14 years, renewable for another 14 years if the author desired, and this was later extended to a 28 year renewable term. 85% of authors did not renew, so works entered the public domain much faster in those days.
Many copyright scholars feel that the length of the copyright term is now too long, and as a result, creativity and innovation suffers. In fact, some would like to return to the 14 year renewable terms. Of course, if you're an artist, you'd like to retain the income from a popular copyright for as long as possible, then allow your family to claim the benefits after you've passed.
There are lots of good arguments on each side. For some great insight on the subject, take a look at this FAQ from Duke Law School and let me know what you think.
So how many works entered into the public domain in the United States this year? None, zero, nada, nothing! Not a single published work entered into the public domain this year, and won't next year or the year after that. In fact, there won't be anything entering into the public domain until 2019 at the earliest.
That's because the copyright term is now the lifetime of the author plus 70 years, and every creative work is automatically protected whether the author files the paperwork or not.
The long copyright term wasn't always the norm. When the first copyright law was written, the term lasted 14 years, renewable for another 14 years if the author desired, and this was later extended to a 28 year renewable term. 85% of authors did not renew, so works entered the public domain much faster in those days.
Many copyright scholars feel that the length of the copyright term is now too long, and as a result, creativity and innovation suffers. In fact, some would like to return to the 14 year renewable terms. Of course, if you're an artist, you'd like to retain the income from a popular copyright for as long as possible, then allow your family to claim the benefits after you've passed.
There are lots of good arguments on each side. For some great insight on the subject, take a look at this FAQ from Duke Law School and let me know what you think.
----------------------------------
Help support this blog. Any purchases made through our Amazon links help support this website with no cost to you.
You should follow me on Twitter for daily news and updates on production and the music business.
Check out my Big Picture blog for discussion on common music, engineering and production tips and tricks.
Tuesday, December 11, 2012
Psy Makes $8 Million By Giving It Away
Psy's "Gangnam Style" is an international phenomena that only comes around once a decade or so. Artists lucky enough to catch the tiger by the tail tend to become one-hit wonders ("Macarena" anyone?), and that's why you hope that the artist cashes in - it may be the only chance they'll ever have. In these days of fewer record sales and more streaming, there's an ever greater chance that the revenue from a huge hit will be smaller than ever. In many cases, the artist (more accurately their management) goes for tight copyright control to squeeze every last dime out of the song, which in these Music 3.0 days can be short-sighted.
That's not the case with Psy, however, who's hands-off attitude to copyright infringement has led to at least $8 million, not counting any concert or appearance fees he's collected. Here's how it works, according to an article in the Associated Press:
YouTube
"Gangnam Style" now has over 880 million views and counting, but Psy has over 1.3 billion views of all the videos on his channel. His income from that is about $870,000 according to estimates by TubeMogul, but don't forget that he has to split that with the company selling ads, then his management takes a piece as well. That's not all that much money for the huge number of views involved. Surprisingly enough, the US leads in views of the song.
Digital Music
The song sells for $1.29 on the iTunes Store and has been downloaded nearly 3 million times, which after Apple's split equates to around $2.6 million.
In Korea, subscription music is much more the norm than in the US, and most people pay around $10 per month. The song was streamed over 40 million times and downloaded around 3.6 million, but that only amounted to around $60,000.
CDs
Psy has sold 102,000 CDs in Korea which earned him only $50,000 (sounds low to me), but given that CD pirating runs rampant in Asia, you can bet that there were a lot more sold that he never saw a dime from.
Commercials
This is where the big payoff comes from. Reported Psy has made around $4.6 million for commercials for Samsung (he's the face of their new refrigerator) and mobile carrier LG Uplus.
Touring
There are no figures on this but you can figure that whatever other revenue he's made is dwarfed by his performance fees, probably by at least a factor of 10 even on the conservative side.
Other
The irony of all this is that Psy actually comes from money as his father, uncle and mother own a large chunk of a South Korean semiconductor manufacturer. Guess what? As soon as Psy hit #1, the stock more than doubled, and the family had an unexpected windfall.
So the take-away is that by using the song as promotion and not worrying about anyone stealing it for the gazillions of parodies, "Gangnam Style" became a global sensation that continues to pay off for Psy. The time he can ride this is limited, but he's managed to maximize the hit in every possible way. But he's not even the biggest grossing K-Pop artist, believe it or not, at least until his new album comes out in March.
That's not the case with Psy, however, who's hands-off attitude to copyright infringement has led to at least $8 million, not counting any concert or appearance fees he's collected. Here's how it works, according to an article in the Associated Press:
YouTube
"Gangnam Style" now has over 880 million views and counting, but Psy has over 1.3 billion views of all the videos on his channel. His income from that is about $870,000 according to estimates by TubeMogul, but don't forget that he has to split that with the company selling ads, then his management takes a piece as well. That's not all that much money for the huge number of views involved. Surprisingly enough, the US leads in views of the song.
Digital Music
The song sells for $1.29 on the iTunes Store and has been downloaded nearly 3 million times, which after Apple's split equates to around $2.6 million.
In Korea, subscription music is much more the norm than in the US, and most people pay around $10 per month. The song was streamed over 40 million times and downloaded around 3.6 million, but that only amounted to around $60,000.
CDs
Psy has sold 102,000 CDs in Korea which earned him only $50,000 (sounds low to me), but given that CD pirating runs rampant in Asia, you can bet that there were a lot more sold that he never saw a dime from.
Commercials
This is where the big payoff comes from. Reported Psy has made around $4.6 million for commercials for Samsung (he's the face of their new refrigerator) and mobile carrier LG Uplus.
Touring
There are no figures on this but you can figure that whatever other revenue he's made is dwarfed by his performance fees, probably by at least a factor of 10 even on the conservative side.
Other
The irony of all this is that Psy actually comes from money as his father, uncle and mother own a large chunk of a South Korean semiconductor manufacturer. Guess what? As soon as Psy hit #1, the stock more than doubled, and the family had an unexpected windfall.
So the take-away is that by using the song as promotion and not worrying about anyone stealing it for the gazillions of parodies, "Gangnam Style" became a global sensation that continues to pay off for Psy. The time he can ride this is limited, but he's managed to maximize the hit in every possible way. But he's not even the biggest grossing K-Pop artist, believe it or not, at least until his new album comes out in March.
----------------------------------
Help support this blog. Any purchases made through our Amazon links help support this website with no cost to you.
You should follow me on Twitter for daily news and updates on production and the music business.
Check out my Big Picture blog for discussion on common music, engineering and production tips and tricks.
Subscribe to:
Posts (Atom)



