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ASCAP Declares War On Free Culture, EFF

Andorin writes "According to Drew Wilson at ZeroPaid and Cory Doctorow, the ASCAP (American Society of Composers, Authors and Publishers), a US organization that aims to collect royalties for its members for the use of their copyrighted works, has begun soliciting donations to fight key organizations of the free culture movement, such as Creative Commons, the Electronic Frontier Foundation, and Public Knowledge. According to a letter received by ASCAP member Mike Rugnetta, 'Many forces including Creative Commons, Public Knowledge, Electronic Frontier Foundation and technology companies with deep pockets are mobilizing to promote "Copyleft" in order to undermine our "Copyright." They say they are advocates of consumer rights, but the truth is these groups simply do not want to pay for the use of our music. Their mission is to spread the word that our music should be free.' (Part 1 and part 2 of the letter.) The collecting agency is asking that its professional members donate to its Legislative Fund for the Arts, which appears to be a lobbying campaign meant to convince Congress that artists should not have the choice of licensing their works under a copyleft license."

29 of 483 comments (clear)

  1. Re:Good. by Anrego · · Score: 5, Insightful

    or allow themselves to to be screwed

    This is exactly what's going to happen. Lets not kid ourselves here.. most people don't care about any of this. The few people who have any interest in this.. even enough to never pay for media again.. are just a tiny little insignificant blip.

  2. What else... by Yaa+101 · · Score: 5, Insightful

    What else would you expect from extortionists, that they play fair?

  3. Sometimes people make music for music's sake by mykos · · Score: 4, Insightful

    Why is it so hard for them to understand that at one time, music was about artistic expression?
    If nobody could ever make one penny from their music, I guarantee you that music would not die.

    1. Re:Sometimes people make music for music's sake by alexo · · Score: 5, Insightful

      Why is it so hard for them to understand that at one time, music was about artistic expression?

      It is difficult to get a man to understand something when his salary depends on not understanding it.
      -- Upton Sinclair (1878 - 1968)

  4. ASCAP v. RIAA by foo1752 · · Score: 5, Insightful

    It seems that the ASCAP should be going after the RIAA so that artists can actually make money on music recordings again. Forget about free. People are willing to pay for music, but even when they do, how much do the artists actually get anyway? Not much, if anything.

  5. Re:I blame the courts... by 0123456 · · Score: 5, Insightful

    Can't say that I blame them... it's their industry and they're advocating for it - big surprise.

    Uh, they apparently want to lobby Congress to pass a law which will prevent 'artists' from giving away things they've created.

    If true, that is so mind-bogglingly retarded that I really don't know what else to say. Surely even Congress will have to laugh them out of the building?

  6. If it's real... by s-whs · · Score: 4, Insightful

    (Part 1 and part 2 of the letter.)

    I want to see the proper letter, with letterhead, contact details etc. At the moment this looks like it can be fake.

    If it's not fake then these people are insane and by not wanting to allow people to choose another type of licence, they are taking away rights that they do want for themselves (to choose their own licence).

    Assuming for the moment the letter is real:

    They say they are advocates of consumer rights, but the truth is these groups simply do not want to pay for the use of our music.

    It's not about music. And in case of music, if it's 15 years old or more, I have no problem with copying without paying for it. It should have paid the author, if not, tough luck, that's life.

    The long copyright duration (essentially unlimited) also means companies and individuals who don't allow free copying after say 15 years, are hogging our past. Want to see a film again for nostalgia, or some music? (That you probably paid for already, via cable networks, records) Then you have to pay for it again. It's a great business model, getting paid for nostalgia etc. [ Note: Cleaning up very old records etc. and making those available should be rewarded, but for most music there's very little cost, lots of profit, and still lots of whining. ]

  7. Names of donors so I can boycott their products by AnalogDiehard · · Score: 4, Insightful

    The collecting agency is asking that its professional members donate to its Legislative Fund for the Arts

    And is there a list of these donating members so I can boycott their products...?

    --
    Eternity: will that be smoking, or non-smoking? I Corinthians 6:9-10
  8. Too late for these morons by geekd · · Score: 4, Insightful

    These morons want to prevent ME from releasing MY OWN SONGS under the Creative Commons?

    It's idiot moves like this that led to do exactly that. Here: http://theexperiments.com/ All my band's music for free under the Creative Commons.

    They can pry the Creative Commons from my cold dead fingers.

  9. No actual points of purpose in the letter by JSBiff · · Score: 3, Insightful

    Man, don't you love letters like that? They are asking for money, but they don't list a single, specific point of how the law needs to change, or what specific philosophical claims for which they are in disagreement with EFF, CC, et. al.

    They are asking you to write a check, but they haven't explained, AT ALL, what the money is going to be used for. They use very vague and nebulous statements that add up to nothing. What do they actually want to do?

  10. Free culture movement? by markdavis · · Score: 4, Insightful

    Free culture movement?? They either don't understand what those organizations fight for or they know and are completely twisting everything around.

    Organizations like the EFF are fighting for the consumer to be free to use what they PAID FOR in ways not dictated by multi-million dollar organizations. I have no interest in "stealing" copyrighted content, nor selling or giving it away to others. But when I pay for music, video, text, pictures, or whatever, I should be able to use it on any device I own, for as long as I like, in a manner that I choose. Most consumers are not anti-pay, or anti-copyright, or anti-arts. We just want to be able to obtain quality, reasonably priced media, and enjoy it on our stuff without some company dictating which program we must use, or which operating system, or which device.

    And if creators of content want to release things under Creative Commons, or Copyleft, or Public Domain, or whatever, that has NOTHING to do with fighting against commercial companies wanting to make a profit on their materials. They should have that choice, and it should have the protection of law, just like traditional copyrights. What do they propose? To FORCE people to not license content how they choose? What's next? Legislation to block donations to the Red Cross because it might compete with big business? Amazing...

  11. Industry needs to change, instead of fighting.. by atticus9 · · Score: 3, Insightful

    Rather than clinging to the old model, and try to intimidate people into using it, the industry needs to change figure alternative ways to get revenue for content.

    Will it ultimately result in less money for the same amount of art (music/video/writing)? Probably, but in a day and age with our technology does it really make sense that publishers get billions of dollars (not going to the artists) for burning cd's and posting videos?

  12. "Our" music? by Qzukk · · Score: 4, Insightful

    Last I checked, the Creative Commons licenses were applied to the music by the people who created the music... you know, the ones who actually have ownership of the music per current copyright laws.

    Clearly ASCAP's problem is that they assume they should own everything and receive all the money from whatever automatic and inescapable royalties they can bribe Congress into assigning to them instead of to the actual musicians. Musicians being allowed to let other people play their music for free are cutting into their profits.

    --
    If I have been able to see further than others, it is because I bought a pair of binoculars.
  13. Re:They are undermining their own argument by dsavi · · Score: 4, Insightful

    Not to mention that the fact that they are starting this is proof that CC, EFF etc. are a serious threat to their way of business.

  14. Re:Awesome.. by whoever57 · · Score: 4, Insightful

    I suspect that ASCAP is not going to ask congress to stop people giving away their work with no restrictions (hence allowjng other "artists" to make money from it), rather they will ask the lawmakers to remove copyright protection from works that people want to release under a Creative Commons or similar license.

    In other words, it is an attack on the GPL and similar licenses.

    --
    The real "Libtards" are the Libertarians!
  15. Re:Good. by Yvanhoe · · Score: 4, Insightful

    Yeah, we were having a slow month at the pirate party. Thanks for bringing new amunitions. Thanks for making clear that copyright is not the defense of all culture but the defense of an old model of culture financement.

    --
    The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
  16. The Deal Breakers by EEPROMS · · Score: 4, Insightful

    Entities like ACAT can only blame themselves for the massive push back by the public regarding copyright. If copyright holders and managers had not gone out of there way to bri.. cough, give certain political entities rather large financial enticements to change copyright law so as the public are denied access to their own cultural heritage for an ever extended period of time then the push back by joe average they are experiencing now would not be happening, to put it simply, they (copyright holders) broke the original deal and now the public are saying stuff you. What I find amusing is that "all culture derives from prior works". For example I don't see bands paying chuck berries estate money for ripping of his guitar riffs but at the same time copyright lawyers are blocking all avenues or derivative works by the public even if it is satire.

  17. ASCAP, truly an evil organization by i_want_you_to_throw_ · · Score: 3, Insightful

    As someone who got targeted by ASCAP for merely having links on my website to radio stations (story is here on slashdot), I hope that they're beaten senseless by EFF, etc. These are the same people who strongarmed the girl scouts into paying royalties for songs they sang around the campfire. Yes, it's true.

  18. Re:Good. by dov_0 · · Score: 5, Insightful

    I'm pretty sure that protecting your God-given rights to the works you've created precludes anyone else from releasing works under a free license. People who are releasing their works under a Creative Commons are stealing from the real artists, who work so hard to earn a living. They just want to get stuff for free. Good to see ASCAP has understood this simple fact.

    Are you trolling or seriously arguing on the side of ASCAP?

    Who says that artists have God-given rights to their works for a start? I've personally done several years of Scriptural studies, can read and write in Biblical Greek and Hebrew and find nothing to support this strange idea of yours.

    Let me use a parable to explain what ASCAP seems to be wanting to do. "At a large park there is a running track all the way around the public gardens. Many people use it every day, but when the weather is hot, they get really dehydrated and sometimes people even have heart attacks while running. An enterprising kid makes up a great drink with a mix of fruit juices and salts to sell to the runners. Some other youths set up a protection racket to make sure that the runners buy his product and take a large cut of money on the top for their 'services'. Meanwhile another kid also produces a good drink for the runners, but he really wants to just give it away. He sets up in another part of the park and starts to give away drinks on the hot days. The boys in the protection racket hear about him and come over to threaten him. When he doesn't seem likely to stop, they try and get the police to take him away."

    That is what ASCAP is about. If I want to put a copyleft license on what I produce, what is that to them? If I want other people to enjoy what I've done, to use it and possibly copy it or improve on it, what is that to ASCAP? It doesn't mean that I want anyone elses work for free, it just means I want to share what I've enjoyed making with other people on my own terms. What is wrong with that?

    --
    sudo mount --milk --sugar /cup/tea /mouth /etc/init.d/relax start
  19. Hey now by Anonymous Coward · · Score: 5, Insightful

    They are just being idiots about how they are going about fixing things. Bottom line? No one wants to pay for music anymore. Around half my income is derived from ascap. In the last ten years, seismic changes have occurred in television and film having nothing to do with the internet.

    First, broadcasters stopped paying royalties for movie trailer music. Next, networks on cable stopped paying fees for music knowing that we would get paid on the backend through their endlessly repeating show schedule. By and large, they were right to a certain degree. Basically, they wanted us to get paid by the broadcasters but now the broadcasters don't seem to want to pay either

    Now though, hulu has emerged and it is nothing short of a land grab. you only get paid a performance royalty if there are commercials in the show. Well guess what? Hulu does not pay out royalties even though there are millions of performances daily on their website.

    And let's not forget the shady music supervisor that fills in his own name instead of yours in the cue sheets and then he gets the back end that you were supposed to get. It happens.

    At some point you have to stop and ask yourself, what is the value of your work on a whole when everyone and there mother is hell bent on not paying you a dime.

    Creating music for television or film is no joke. It takes a lot of time, energy and skill to learn how to craft a score to picture. Underscore is a lot different but still, lots of work. I mean, if everyone is cool with hearing the same loops from GarageBand and logic than really, what the hell do I know?

    However, if you agree that while the world is not fair, just like licensing code, use of music needs a mechanism of payment that is fair.

    I like creative commons, ascap is just misguided.

    And finally, before anyone tells me to play live and find alternative revenue streams, licensing is the alternative revenue stream. I give all my music away because licensing makes it so I don't have to worry about actually selling anything.

  20. Re:They are undermining their own argument by DragonWriter · · Score: 4, Insightful

    Not to mention that the fact that they are starting this is proof that CC, EFF etc. are a serious threat to their way of business.

    No, its proof that CC, EFF, etc., are boogeyman that they think they can use to scare up money to use to lobby Congress to put into place laws which will provide support for their business.

    This isn't proof that CC, EFF, etc. are actual threats to their business. The fact that an organization is used to scare people into giving money to a lobbying organization is not evidence that the organization is the source of any actual problem for the constituency of the lobbying group (or even that any actual problem exists.)

    That something is useful for propaganda purposes doesn't mean that it is true.

  21. Re:Good. by postbigbang · · Score: 3, Insightful

    What you're saying is that you grew up, and so did others.

    The ease of theft vs the value of content hadn't really existed in this way before. But copyright became mangled because of extensions to copyrights that probably shouldn't have been put into place. No matter; it's still not right to steal.

    Abbie Hoffman's Steal This Book is the pinnacle of counterculture methods to purloin things. Hackers also test locks. The difference between a pirate and a hacker isn't intention, it's actual deed.

    The fact that you contritely contribute is the penance of your own doing. Others don't feel the same way, while still others have no compunction to stop grabbing everything from torrents and paying nothing for media. The ASCAP move is propaganda and doesn't address the real problems-- only the problem from the ASCAP point of view. They miss part of their ecosystem when they become myopic, and start feeding the discussion with FUD. The ends don't justify the means.
    .

    --
    ---- Teach Peace. It's Cheaper Than War.
  22. ASCAP forgets that copyright is about progress by DRJR · · Score: 4, Insightful

    Sometimes I think groups such as ASCAP forget that copyright is about letting people copy things and defining how and when it should be done. It's goal is to encourage copying and development as a way of progressing science and art. The restrictions on copying is about convincing authors via the lure of money to develop something further.

    But the restriction gets tighter and tighter... how is life-of-the-author plus 75 years (the term for individuals i.e. non-corporate authors) supposed to encourage an author to develop the something they created further? I'm pretty sure they can't create new material after they've died. Plus, progress often comes from combining other people's stuff together in new and novel ways, which copyright, an idea to promote progress, often blocks in its current form. Long ago copying was hard and temporarily limiting was no big deal to the public; today in the digital age, copying is so easy that it can happen by accident while sorting one's computer files.

    Creative commons is about striking a balance between copyright and public domain-- to come to a place closer to what copyright originally was. ASCAP would now have me believe that an independent artist, who is not affiliated with them, choosing to utilize creative commons will somehow bankrupt them (or something similarly awful) and that this would... what? destroy culture? stop development? I don't know as they don't really explain why its bad-- just a vague 'trust us, it's bad for authors' answer. If they are really worried about their business, they need to evolve with the times or simply go under just like all other companies. They are no more special then any other company, nor should they be.

    ASCAP say that the opposite side wants people to believe that music is free, and that they do not want to pay for it. First off, music is already free. The purpose of copyright is to barter away a tiny bit of its freedom for money to motivate creators to create. Second, I don't hear anyone saying that don't want to pay for music. I either hear people expressing they want a simple and affordable way to pay, or people expressing dismay over paying for the same thing the umpteenth time. Groups such as ASCAP are often against a simple affordable way of excepting people's money. It competes with their old dying way of doing business. Again, evolve or go under. They go and ask the government for help. The people are giving us less money, please force them to pay again. (Well, it's never gotten THAT simple.) When their market changes, they simply should not be going to the government and asking them to force the market to do something. It doesn't work. It never has... and it has the side-effect of creating headaches for everyone along the way.

    *Sigh* My two cents,
    David Romig, Jr.

  23. Because he is a business owner by forand · · Score: 3, Insightful

    Business owners are not there to 'fight the good fight' they are there to make money pure and simple. THIS should be the reason that our government gives in ignoring the ASCAP: the ASCAP is trying to inhibit small business owners from employing other small businesses (bands) to the benefit of both. Making arguments on the basis of the benefit to humanity or society isn't going to get us or the small business owner anywhere.

  24. Re:Good. by Anonymous Coward · · Score: 4, Insightful

    What a fucking nightmare, where charity and social generosity is outlawed for the benefit of those who make a living mining and locking the commons under exclusive personal licenses. Plus I hate that the only truly applicable paradigm is Ferengi (TM).

  25. Re:Good. by Anonymous Coward · · Score: 5, Insightful

    Waiting for prostitutes to complain that there are people out there making love for free. o_O

  26. Free Drives Out Overpriced by Nom+du+Keyboard · · Score: 3, Insightful

    If enough free culture is created, people eventually realize that they have enough good free stuff to never need to go back to overpriced, over-restricted material sold by over-priveleged monopolies ever again. That's their fear -- people who create and share their creations simply for the love of it. We can't have that! It's un-American! (Forgets how the US Constitution explicitly repudiated the eternal copyrights of Europe.)

    There are already more free books and story sites on the web than any person could read in a lifetime. It used to be that the only way you could read out-of-copyright works was if someone reprinted it and sold it at a low enough price to not be undercut. Now you just download it and nobody profits from that download -- which is just WRONG to some people. And while you're reading your classic liteature, you're not paying for and consuming other overpriced content.

    Are we better off for this? I would think so because we are a richer culture overall! How long, for example, before a radio station starts only playing out-of-copyright performances that you can play in your bar or restaurant without paying ASCAP, BMI, and all the rest of those money grubbers a single red cent? Would be great, provided that they can't kill it in the cradle. Let that happen and soon there may be music everywhere!

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  27. Re:You don't get it. by Lehk228 · · Score: 5, Insightful

    the soviet system has about as much to do with communism as fred phelps does to christianity

    --
    Snowden and Manning are heroes.
  28. Re:Good. by zippthorne · · Score: 4, Insightful

    Waiting for prostitutes to complain that there are people out there making love for free. o_O

    First they would have to establish that there are people making love for free...

    --
    Can you be Even More Awesome?!