KATHLEEN HANNA, TEGAN AND SARA, MORE BACK INTERNET ARCHIVE IN $621 MILLION COPYRIGHT FIGHT; Rolling Stone, December 9, 2024

  JON BLISTEIN, Rolling Stone; KATHLEEN HANNA, TEGAN AND SARA, MORE BACK INTERNET ARCHIVE IN $621 MILLION COPYRIGHT FIGHT

"Kathleen Hanna, Tegan and Sara, and Amanda Palmer are among the 300-plus musicians who have signed an open letter supporting the Internet Archive as it faces a $621 million copyright infringement lawsuit over its efforts to preserve 78 rpm records...

The lawsuit was brought last year by several major music rights holders, led by Universal Music Group and Sony Music. They claimed the Internet Archive’s Great 78 Project — an unprecedented effort to digitize hundreds of thousands of obsolete shellac discs produced between the 1890s and early 1950s — constituted the “wholesale theft of generations of music,” with “preservation and research” used as a “smokescreen.” (The Archive has denied the claims.)

While more than 400,000 recordings have been digitized and made available to listen to on the Great 78 Project, the lawsuit focuses on about 4,000, most by recognizable legacy acts like Billie Holiday, Frank Sinatra, Elvis Presley, and Ella Fitzgerald. With the maximum penalty for statutory damages at $150,000 per infringing incident, the lawsuit has a potential price tag of over $621 million. A broad enough judgement could end the Internet Archive.

Supporters of the suit — including the estates of many of the legacy artists whose recordings are involved — claim the Archive is doing nothing more than reproducing and distributing copyrighted works, making it a clear-cut case of infringement. The Archive, meanwhile, has always billed itself as a research library (albeit a digital one), and its supporters see the suit (as well as a similar one brought by book publishers) as an attack on preservation efforts, as well as public access to the cultural record."

Tennessee becomes the first state to protect musicians and other artists against AI; NPR, March 22, 2024

 Rebecca Rosman, NPR; Tennessee becomes the first state to protect musicians and other artists against AI

"Tennessee made history on Thursday, becoming the first U.S. state to sign off on legislation to protect musicians from unauthorized artificial intelligence impersonation.

"Tennessee (sic) is the music capital of the world, & we're leading the nation with historic protections for TN artists & songwriters against emerging AI technology," Gov. Bill Lee announced on social media.

The Ensuring Likeness Voice and Image Security Act, or ELVIS Act, is an updated version of the state's old right of publicity law. While the old law protected an artist's name, photograph or likeness, the new legislation includes AI-specific protections."

Film and music industries on edge: AI's growing influence stirs fear of job displacement, copyright issues; KATU2ABC, August 8, 2023

 KONNER MCINTIRE and JANAE BOWENS , KATU2ABC; Film and music industries on edge: AI's growing influence stirs fear of job displacement, copyright issues

"Currently, the Orrin G. Hatch-Bob Goodlatte Music Modernization Act provides some protection to musicians. It was made law in 2018 and helps to ensure musicians are fairly compensated by publishers.

The law directly addresses piracy which has cost artists billions of dollars.

Five years later, Congressional leaders, including Rep. Darrell Issa, R-Calif.,who serves as the Chairman of the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet, are concerned the law will not protect musicians against AI.

“For Congress, we’re now looking at old challenges with new dangers, including the ever-present threat of piracy as well as artificial intelligence, which pose still unknown questions for intellectual property protection efforts even as they open doors to a new world of technological capability that is, at present, limitless,” the congressman recently wrote in an op-ed.“If we don’t get AI right, it could very well render not only the Music Modernization Act obsolete – but also the policy choices we make next.”"

Is Old Music Killing New Music?; The Atlantic, January 23, 2022

Ted Gioia, The Atlantic ; Is Old Music Killing New Music?

"A series of unfortunate events are conspiring to marginalize new music. The pandemic is one of these ugly facts, but hardly the only contributor to the growing crisis.

Consider these other trends:...

When a new song overcomes these obstacles and actually becomes a hit, the risk of copyright lawsuits is greater than ever before. The risks have increased enormously since the “Blurred Lines” jury decision of 2015, and the result is that additional cash gets transferred from today’s musicians to old (or deceased) artists.

Adding to the nightmare, dead musicians are now coming back to life in virtual form—via holograms and “deepfake” music—making it all the harder for young, living artists to compete in the marketplace."

Congress Introduces AM-FM Act to Revise Copyright Law for Terrestrial Radio; Variety, November 21, 2019

Jem Aswad, Variety; Congress Introduces AM-FM Act to Revise Copyright Law for Terrestrial Radio

"Senator Marsha Blackburn and Rep. Jerrold Nadler today introduced the Ask Musicians for Music Act (AM-FM), which aims to revise existing copyright law for radio stations and musicians.

Under the current copyright system, radio stations can use sound recordings over their airwaves without paying royalties to creators who own a stake in the sound recordings. The AM-FM Act would require all radio services to pay fair-market value for the music they use...

“When music creators share their wonderful gift with the world, we hear songs that inspire and unite us. We should encourage such thriving talent and ensure the music community is properly compensated for their work,” said Senator Blackburn, who introduced the bill in the Senate. “The AM-FM Act will reward singers, songwriters and musicians for their hard work when their music is played on the radio.”

 

Rep. Jerrold Nadler (D-N.Y.), Chairman of the House Judiciary Committee, introduced companion legislation in the House of Representatives. “The United States is an outlier in the world for not requiring broadcast radio to pay artists when playing their music, while requiring satellite and internet radio to pay,” he said. “This is unfair to both artists and music providers. I’m proud to sponsor the Ask Musician for Music Act of 2019 which would give artists and copyright owners the right to make a choice to allow AM/FM radio to use their work for free or to seek compensation for their work. The bill would also allow them to negotiate rates with broadcasters in exchange for permission for it to be aired.”"