music_news 91 posts

The U.S. Congress passed a bill last week which would tie government funding universities receive to how well they restrict file-sharing among students.

In short the amendment to the budged titled CAMPUS-BASED DIGITAL THEFT PREVENTION requires that 25 universities that receive the most of alleged infringement notices (most likely from the RIAA) have to provide evidence of having clear policies on downloading of copyrighted content and that student are aware of them; change their file-sharing policies if necessary; and implement “a technology-based deterrent” to prevent the P2P use among students – otherwise the university funding can be cut. (WIRED.COM)


Read more:
Congress Will Scrutinize Top 25 File Sharing Universities Each Year, WIRED.COM

Last week the U.S. Congress Committee on Oversight and Government Reform announced that it was considering new laws to “properly restrict” P2P networks. In their opinion P2P applications threaten national security, “intrude on personal privacy and violate copyright law”. The biggest concern is that federal employees may be “unknowingly sharing highly confidential information” making it available to terrorists.

The Committee staff did its own investigation and found that LimeWire P2P application exposed “personal bank records and tax forms, attorney-client communications, the corporate strategies of Fortune 500 companies, confidential corporate accounting documents, internal documents from political campaigns, government emergency response plans, and even military operation orders.”

According to the Committee statement the purpose of the legislative work “is not to shut down P2P networks or bash P2P technology… but to achieve a balance that protects sensitive government, personal, and corporate information and... read more

The office of the U.S. Attorney General has submitted a bill to the US Congress with proposals to increase criminal penalties for copyright infringement. The planned measures include life imprisonment for copyright offences which endanger life and Homeland Security reporting to the RIAA when someone tries to sneak a pirated CD across the border.

The proposed "Intellectual Property Protection Act of 2007", would among other measures:
- Introduce the notion of “attempted” copyright infringement. Current legislation envisages up to 10 years of imprisonment but only if the actual infringement took place.
- Envisage life imprisonment for the crime of using pirated software.
- Allow to wiretap citizens attempting to infringe copyright.
- “Require Homeland Security to alert the Recording Industry Association of America. That would happen when CDs with "unauthorized fixations of the sounds, or sounds and images, of a live musical performance" are attempted to be imported.” (read more

Last week in USA RIAA petitioned a panel of federal government copyright judges to change royalty distribution ratio and lower statutory royalty rates so that songwriters would get less and labels would get more.

This road to more equality is paved with good intentions indeed. Last time labels and songwriters negotiated a ratio was 25 years ago. Since then technology and the market have changed considerably. Now labels are loosing money as CD sales decline while songwriter are actually getting more from ringtones and other innovative services.

According to The Hollywood Reporter RIAA's executive vp and general counsel Steven Marks commented that "Mechanical royalties currently are out of whack with historical and international rates…[RIAA] hope[s] the judges will restore the proper balance by reducing the rate and moving to a more flexible percentage rate structure so that record companies can continue to create the sound recordings that drive revenues for music publishers."

Is it that real... read more

The Australian parliament has passed a new law on copyright. The legislation had been revised as the government decided it was out of date.

Among other changes the law will legalize copying of CDs to MP3 players (provided it’s done for private use). As Attorney General Philip Ruddock put it: "It will legalise format shifting of materials such as music, newspapers, books, meaning that people can put their CD collection onto iPods or mp3 players".(The Age) On the other hand penalties for large scale commercial piracy will be toughened.

This law will come into effect when it receives royal approval. That is likely to happen before Christmas.

New law makes iPod use legal, The Age

Copyright on some popular music performed in 50’s is going to expire in few years. In UK and EU performers and what’s more important producers may benefit from a sound recording for 50 years. (While authors and their families receive royalties for their entire life plus 70 years on).

For example copyright on some recording by Beatles may expire in 2012 in EU. So music industry represented by IFPI, BPI and some musicians advocates for an increase of copyright term from 50 years to 95.

The UK government has taken the issue seriously and commissioned a report to help its decision. However, the study was a huge disappointment for the industry as the paper suggests that the increase is unnecessary. According to The Guardian the demands of music industry might be rejected thereof.

This report will be revealed next week. Nevertheless it already has been criticized by the industry.

CEO of rights societies the PPL and the VPL said that he “sincerely hope[s] this [UK] government will... read more

An English translation of the Danish court decision which ruled that a provider shall block its customers from accessing Allofmp3.com has been posted on the Internet.

In short the provider shall block the site as it’s illegal. The site is illegal because music is “offered for very low price on the website as well as …[because of] the information from the Russian branch of IFPI…” Actually IFPI believes that the body which licensed AllofPM3.com should have asked IFPI first. However IFPI couldn’t prove it neither in Russian nor in any other court. It remains unclear what kind of evidence could persuade the Danish court that Russian legislation has less force than information from IFPI.

Read more:
IFPI vs Tele 2 ---- in English, p2pnet
Danish ISP forced to block customers from AllofMP3.com, AllofMP3 Blogs

A court in Spain ruled this week that downloading music for free from the Internet is legal as long as it is done for private use. This happens for the first time in Europe.

The IFPI commented on the decision that "This is extremely unusual”. Later after a somewhat excited media coverage of the case the IFPI hastened to anoounce that “Swapping copyright-infringing music through peer-to-peer networks remains illegal in Spain as it is throughout Europe and virtually everywhere else”. Even the Spanish Justice Minister got involved with a clear statement “that file-sharing copyrighted music without permission is illegal.'

However, the judge made a point that if downloading music for private use was a criminal offence: "That would imply criminalising socially admitted and widely practised behaviour where the aim is not to gain wealth illegally but to obtain private copies".

This decision will be appealed by the IFPI.

read more

Talking of what is legal what is not. Russia has been criticized for some time for its copyright legislation in connection with allofmp3.com.  However, Russian legislation could be the most modern one. The Civil Code in its part concerning copyright is being passed through the parliament this fall. Still, legislation is changing slower than technology and public opinion, especially with the amount of lobbying in some countries.
The article in Telegraph.co.uk this weekend brings up an interesting fact – in UK everyone who dares to copy a CD that he or she owns to an MP3-player or PC is breaking the law. This conclusion comes from a report by the Institute for Public Policy Research. The report says that “Unknown to many, the 1709 Statue of Anne which came into law as the first Copyright Act in 1710 still governs the enforcement of copyright in the UK. It thus prevents copying an artistic work into a different format, such as a record on to a tape, or a CD on to a computer file.”  Same report recommends to change the law to... read more