A group of us Pho'sters also started a non-profit political action organization called Click The Vote to try and convince Congress to implement a system such as the one Fred describes. We also oppose the INDUCE and PIRATE Acts as counterproductive distractions from the real need which is to Make Share Fair for both creators and the public in general.
Re:INDUCE Act wording includes two tests...
on
P2P Bits
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· Score: 2, Informative
1) Judge Patel found and the 9th Circuit affirmed in the Napster case that barter is commercial activity. Making 'unauthorized' copies is commercial activity.
2) INDUCE trumps the Supreme Court's "Betamax" ruling that a device be "merely capable" of substantial non-infringing uses to be legal. If INDUCE becomes law any device, service or person that induces a person to infringe copy-rights is infringing (and therefore most likely a felon). Once they shut down Limewire and Morpheus as companies, they will go after everyone running those apps and the coders who build anything that touches copy-righted works.
INDUCE is on the fast track to passing and becoming law. You can help defeat this overly broad and ill conceived piece of legislation by faxing your reps in Congress now. Click The Vote has free tools to help you do this.
Snail mail sent to Congress is being embargoed and 'cleaned,' and therefore delayed, so a fax is the better option (a phone call is best). The PIRATE Act passed the Senate today and the INDUCE Act is similarly on the fast track before the elections bring things to a halt.
Click The Vote has free tools to fax Congress as well as a Pro-P2P "Make Share Fair" petition for people to sign. Action is needed now on The INDUCE Act, The Digital Media Consumers' Rights Act and the PIRATE Act (which still needs House approval).
From the article: "The Pirate Act effectively gives government the authority to use taxpayer dollars to bring civil actions against file sharers on behalf of copyright holders."
We The People can stop this bill and get Congress to focus on solutions that will make P2P sharing legal. The EFF is a 501(c)(3) non-profit so unfortunately they cannot lobby Congress. Click The Vote on the other hand is organized as a (c)(4) specifically for the purpose of lobbying Congress on issues like this.
Everyone should sign Click The Vote's "Make Share Fair" petition that supports legal file sharing. Click The Vote also supports open computing and open standards. Joining Click The Vote is a free and easy way to get involved in a group that will challenge the positions of candidates and elected representatives on issues like P2P file sharing and open computing.
We can make a difference if we band together and make our voice heard in the U.S. Congress and European Parliament. Don't just complain, get involved with Click The Vote!
Generally speaking, record contract boilerplates pre-1998 contain language that splits licensing revenue 50-50 label/artist with no deductions. Artist royalty rates are ~13% minus deductions for things like CD packaging.
The labels would be licensing to P2P users so under the EFF proposal the majority of artists would receive a larger percentage of revenue.
The Anonymous Coward submitting this story knows a little inside baseball that has yet to really hit the press.
Standard recording artist contracts before 1998 treated revenue generated by licenses differently than revenue generated by CD sales.
For a CD sale the label pays the artist about 13% of wholesale, minus various charges like packaging deductions, to recoup against all advances.
In a licensing scenario where, for example, a recording is synchronized in a movie or TV show, the labels pays 50% of revenue without any deductions.
The labels licensed some of their catalogs to Apple but want to treat that revenue like a CD sale at 13% and not as licensing revenue at 50%. That is why in large part some of the more popular artists with more leverage have been holding back on granting permission. It is also probably the major obstacle to record labels licensing for P2P sharing.
The whole thing will come to a head later this year when the record labels must issue royalty statements to the artists showing how they treated the iTunes revenue. Gabriel and Eno are organizing artists for that battle.
I realized that just as I hit the submit button so I sent another, corrected version but it looks like CowboyNeal moved my first attempt. c'est la vie.
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A group of us Pho'sters also started a non-profit political action organization called Click The Vote to try and convince Congress to implement a system such as the one Fred describes. We also oppose the INDUCE and PIRATE Acts as counterproductive distractions from the real need which is to Make Share Fair for both creators and the public in general.
2) INDUCE trumps the Supreme Court's "Betamax" ruling that a device be "merely capable" of substantial non-infringing uses to be legal. If INDUCE becomes law any device, service or person that induces a person to infringe copy-rights is infringing (and therefore most likely a felon). Once they shut down Limewire and Morpheus as companies, they will go after everyone running those apps and the coders who build anything that touches copy-righted works.
INDUCE is on the fast track to passing and becoming law. You can help defeat this overly broad and ill conceived piece of legislation by faxing your reps in Congress now. Click The Vote has free tools to help you do this.
Click The Vote has free tools to fax Congress as well as a Pro-P2P "Make Share Fair" petition for people to sign. Action is needed now on The INDUCE Act, The Digital Media Consumers' Rights Act and the PIRATE Act (which still needs House approval).
We The People can stop this bill and get Congress to focus on solutions that will make P2P sharing legal. The EFF is a 501(c)(3) non-profit so unfortunately they cannot lobby Congress. Click The Vote on the other hand is organized as a (c)(4) specifically for the purpose of lobbying Congress on issues like this.
Everyone should sign Click The Vote's "Make Share Fair" petition that supports legal file sharing. Click The Vote also supports open computing and open standards. Joining Click The Vote is a free and easy way to get involved in a group that will challenge the positions of candidates and elected representatives on issues like P2P file sharing and open computing.
We can make a difference if we band together and make our voice heard in the U.S. Congress and European Parliament. Don't just complain, get involved with Click The Vote !
The labels would be licensing to P2P users so under the EFF proposal the majority of artists would receive a larger percentage of revenue.
For a CD sale the label pays the artist about 13% of wholesale, minus various charges like packaging deductions, to recoup against all advances. In a licensing scenario where, for example, a recording is synchronized in a movie or TV show, the labels pays 50% of revenue without any deductions.
The labels licensed some of their catalogs to Apple but want to treat that revenue like a CD sale at 13% and not as licensing revenue at 50%. That is why in large part some of the more popular artists with more leverage have been holding back on granting permission. It is also probably the major obstacle to record labels licensing for P2P sharing.
The whole thing will come to a head later this year when the record labels must issue royalty statements to the artists showing how they treated the iTunes revenue. Gabriel and Eno are organizing artists for that battle.
Music fans should be organzing too .
I realized that just as I hit the submit button so I sent another, corrected version but it looks like CowboyNeal moved my first attempt. c'est la vie.