Category: Intellectual property

What’s in the latest issue of Music & Copyright?

Issue and ItalyThe newsletter begins with a look at the ruling by the European Court of Justice on website blocking. In a case referred by the Austrian Supreme Court, the ECJ said an ISP can be required to block subscriber access to websites that infringe copyright. However, any block must ensure a fair balance between the opposing interests that are protected by fundamental rights.

The ECJ said that a person who makes protected content available to the public on a website without the agreement of the rights holder is using the services of the business that provides Internet access to people accessing that subject matter. According to the published ruling, an ISP is “an inevitable actor in any transmission of an infringement over the Internet between one of its customers and a third party.” Therefore, an ISP that enables its customers to access protected subject matter made available to the public online by a third party is an intermediary whose services are used to infringe a copyright.

Our second feature examines the latest figures published by the Brazilian trade association ABPD. As recently as 2011, Brazil was still outside the mainstream globally when it came to trade revenues from recorded music. Its trade revenues from physical recorded-music sales actually rose that year, as did its overall recorded-music trade revenues. But trade revenues from physical formats have begun falling sharply, and gains made by digital services in the country are struggling to counter the demise of the once-dominant CD. According to ABPD, total trade revenues from its member companies, which include all of the majors and most Brazilian independents, were down 4.8% last year, to BRL374.1 million (US$174.4 million), from BRL392.9 million in 2012. Continue reading

Music & Copyright is 500 today

500Today is a big day for all of us at Music & Copyright as we have just published our 500th issue. When the first issue was put together back in September 1992, little did we think that Music & Copyright would still be as popular with subscribers as it is today. A lot has changed in the recorded-music and music publishing sectors over the last 22 years or so, but one thing has remained unmoved, and that is the importance of copyright.

Challenges to rights holders to maintain the value of copyright in an increasingly digital world have meant changes to the way rights are protected and administered. The launch of new digital-music services and means of distributing recorded-music has seen rights administration evolve at national, regional and global levels. However, central to this evolution has been ensuring that rights holders are rewarded for their creative work.

Looking back at some of the early editions of Music & Copyright, most of the names have either long since left the music industry or been swallowed up as part of industry consolidation. However, the headlines for several stories resonate closely with happenings today. For example, the first issue led with the headline European tape levy income may top US$600 million a year and described how the European Commission was examining proposals to protect private copying remuneration. Fast forward to last week and we see that the European Parliament voted in favor of new proposals to modernize the current private copying remuneration system. Other articles in the latest issue also resonate with days gone by with format changes impacting on sales figures and record company consolidation affecting financial results.

As we now look forward to the next 500 issues, I hope Music & Copyright is still delivering the right balance of news and views and that its own evolution has improved the news service. Certainly our feedback since I became editor five years ago (has it really been that long?) would suggest it has.

If you want to know more about Music & Copyright then follow the below links.

Music & Copyright is published by Informa Telecoms & Media.

Should this website be allowed to have a Facebook profile?

FacebookEarlier this month Music & Copyright conducted its third annual survey of unauthorized music download sites. Like last year and the year before, advertising for a large number of blue-chip companies and media-content services was found on several of the sites surveyed. Most of the companies contacted by Music & Copyright were fairly oblivious to the fact that their ads appeared alongside promotions for “Russian wives” and “Asian babes.” None of the companies placed the ads on the websites, but were displayed through the use of blind advertising networks.

The current issue of Music & Copyright gives all the details on which companies were the worst offenders and which were doing their best to control advertising overspill. But what was interesting this time around was the realization of the problem rights holders face when trying to have content removed from unauthorized music download sites and the support these sites receive from the big social networks. Continue reading

Calls for a new look at the DMCA safe harbor protection as music companies head back to court in battle against MP3tunes

Talking to rights holders in the run up to the CISAC World Creators Summit in Washington, it seems that few agree that any country has the right balance between certain technology companies’ use of music and the abuse of copyright. Google has been on the receiving end of several legal actions by a number of rights holders that have claimed its online video service YouTube has either not acted quickly enough to remove content when asked, or is using content that it has no license for. Ever-troubling for rights holders is the fact that it is their responsibility to check whether music is being used correctly and not the responsibility of the digital-music service. Continue reading

Has the music industry forgiven Justin Timberlake for his MySpace links and accusations of artist exploitation?

myspace_2452447bDepending on where a musician sits in the music industry value chain, a top-10 list of what’s most important to an unsigned artist will differ greatly to one compiled by a million-album seller. Scratching a living out of music is something tens of thousands of musicians do every day. Although the Internet has opened up the promotion and distribution of music to anyone with a computer, it has also made selling music a lot more difficult as almost every single release in a digital-music store is available for free somewhere online. Continue reading

A short history of the music industry: different formats, familiar names but the same old problems

M&C coverIn the past 20 years or so, all sectors of the music industry have been through massive change. Format transitions, company consolidation and greater scrutiny of copyright and licensing have changed the industry beyond all recognition. But have the changes made for industry improvements, and more important, have the main players learned from their mistakes? The recent discovery of the first issues of Music & Copyright has allowed for a unique look at just how much certain things have changed, and how much they haven’t.

The newsletter’s 20-year anniversary came and went in September, but thanks to a long-standing subscriber, copies of the first 24 issues published have been found and make for interesting reading. Despite containing names that have either long since left the music industry or been swallowed up as part of industry consolidation, the headlines for a number of news stories resonate closely with happenings today. Continue reading

Why emerging markets are taking center stage in international digital-service rollouts

Toward the end of last year, Deezer and iTunes extended their footprints to include several countries that are often considered emerging markets. The growth of broadband Internet use around the world, providing access to a wealth of unauthorized recorded music, has made life difficult for new digital-service rollouts. But with the balance of economic power expected to shift away from the current leaders, is now the time for the emerging markets to start living up to their name? Continue reading

Absence of recognized licensing structures in the Gulf States opens the door to international collection-societies

Few regions in the world have escaped the spread of digital-music services. Even in the least developed territories, basic digital services, such as ring tones and ring-back tones, have been rolled out in an effort to tempt customers to go digital. But even though many of the Gulf States have highly developed technology infrastructures, digital-music services have been slow to take hold. Moreover, the lack of collection societies to administer rights collections has left the region as something of a rights wasteland. Could overseas involvement kick-start the rights-administration process? Continue reading

The Adele effect hits major-record-company market shares in 2011


Music & Copyright’s annual survey of the recorded-music and music-publishing industries has revealed that Universal Music Group (UMG) remained the world’s biggest record company and Universal Music Publishing Group (UMPG) the largest music-publishing company in 2011. The positioning of each of the four major record-label and music-publishing companies was unchanged last year. Although this lack of change could suggest that 2011 offered up “more of the same” in the recorded-music and music-publishing sectors, such an assumption would be wide of the mark. Continue reading

Demystifying Pan-European digital music rights – new report

The number of digital-music services in Europe is growing every year and consumers across the continent are being presented with an array of different ways to listen to music. Digital-music delivery and consumption has undergone a rapid transition. However, such has been the speed of the sector’s evolution, new business models specializing in digital-music delivery across Europe have forced those organizations charged with issuing licenses to rethink the way they operate.

Music publishers and collection-societies in Europe have taken to the task in different ways (see below table for major music publisher initiative details). But, in contrast to a few years ago, when digital-music services were required to negotiate countless licensing deals, agreements between music publishers and collection-societies have reduced the necessity for endless rounds of licensing negotiations. Continue reading