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The relevant question here is whether music is still being made in Spain.

I’m certain that the answer is Yes, indeed. Sure, if one wanted, he could cull a slew of examples of bands saying they think that file-sharing is horrible, but the interviews like this that I have seen in documentaries and industry propaganda are far too generalized. They simply ask if the band members agree with not paying for music.

Well, what would you expect them to say? What they aren’t being asked is whether they realize that they get business in the form of gig attendance from people sharing their music. That never quite makes it into the conversation.

In a definitive victory, a judge ruled that ring tones do not count as a “public performance” and therefore necessitate a license via performance rights middleman such as ASCAP or BMI. Good thing, seeing as how that would mean the end of all licensed ring tones, since such a ludicrous idea would be impossible in practice without a blanket license from which only ASCAP would benefit.

There is a facet of the copyright statute regarding performances, however, that says that no performance necessitates licensing so long as no one paid to listen, had to pay to enter the place in which the music is being played, and that the person “playing” it is gaining no money. This is why you can play your portable boom box at the park or beach and not have to have a license, despite it being a “public performance”.

ASCAP certainly knows this, but leave it to middlemen to try and create a ruling in their favor when – logistically – there’s no difference in carrying a radio playing “Like a Prayer” and carrying a cell phone that rings with the same song.

Luckily, US District Judge Denise Cote was on her a-game and saw the erroneous and ultimately redundant nature of ASCAP’s decision. I have little doubt this will arise again, and we’ll just have to hope that folks like the Electronic Frontier Foundation and others stay on the forefront of this battle, lest big media make humming subject to litigation.

Big media lawyer makes RIAA/MPAA stance clear on the limitations consumers should have in using their own media.

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The British Phonographic Industry (BPI) ordered that video of musician Calvin Harris be pulled from YouTube. Only one problem – it was Harris who posted it.

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The American Society of Composers, Authors, and Publishers (ASCAP) wants to sue ringtone distributors, claiming that every time a copyrighted song is used as a ringtone, it is a public performance. This from the same bastion of fair use that opposed Girl Scouts being able to sing copyrighted songs around the camp fire.

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Music industry execs admit they should have embraced the Napster model – now ten years old. What stopped them then was the inability to clear rights. What’s stopping them now? Well…the inability to clear rights and disperse funds. Sounds like someone needs to have a corporate pow-wow. Original story from Ars Technica: http://tinyurl.com/kjlajt

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