[Podcast] NPR's On the Media; Is Hyperlocal the Future of News?:
"One school of thought says that news organizations are best equipped to cover small neighborhoods, so if you really want to attract readers go local. Last year, the New York Times began its own trial with so-called hyperlocal reporting, starting cautiously in just a handful of neighborhoods in the metro area. Deputy Metro editor Mary Ann Giordano talks about the experiment."
http://www.onthemedia.org/transcripts/2010/07/16/05
Monday, July 19, 2010
[Podcast] Google's Quest to Save Newspapers; NPR's On the Media, 7/16/10
[Podcast] NPR's On the Media; Google's Quest to Save Newspapers:
"The Atlantic’s James Fallows wrote recently: “Everyone knows that Google is killing the news business. Few people know how hard Google is trying to bring it back to life.” Over the past year, Fallows spent lots of time with Google employees all working on one thing: saving the newspaper business. He explains how they plan to do it."
http://www.onthemedia.org/transcripts/2010/07/16/04
"The Atlantic’s James Fallows wrote recently: “Everyone knows that Google is killing the news business. Few people know how hard Google is trying to bring it back to life.” Over the past year, Fallows spent lots of time with Google employees all working on one thing: saving the newspaper business. He explains how they plan to do it."
http://www.onthemedia.org/transcripts/2010/07/16/04
[Podcast] Should Newspapers Charge for Content Online?; NPR's On the Media, 7/16/10
[Podcast] NPR's On the Media; Should Newspapers Charge for Content Online?:
"Should newspapers put up paywalls? Pro-paywallers, like Rupert Murdoch, say absolutely! Newspapers must charge for costly reporting in order to survive! Anti-paywallers argue that papers can't afford to shut out the open and free web. Alan Murray of the (paywall-ed) Wall Street Journal and Alan Rusbridger, editor of the (free) Guardian, discuss."
http://www.onthemedia.org/transcripts/2010/07/16/03
"Should newspapers put up paywalls? Pro-paywallers, like Rupert Murdoch, say absolutely! Newspapers must charge for costly reporting in order to survive! Anti-paywallers argue that papers can't afford to shut out the open and free web. Alan Murray of the (paywall-ed) Wall Street Journal and Alan Rusbridger, editor of the (free) Guardian, discuss."
http://www.onthemedia.org/transcripts/2010/07/16/03
A copyright ruling no one can like; CNetNews.com, 7/13/10
Greg Sandoval, CNetNews.com; A copyright ruling no one can like:
"Legal experts sympathetic to copyright owners as well as those known for supporting technology companies are criticizing a federal judge's decision to lower a jury award in a high-profile lawsuit about file sharing.
A year ago, a jury found college student Joel Tenenbaum liable for willful copyright infringement for sharing 30 songs, and later set a damages award of $675,000. On Friday, U.S. District Judge Nancy Gertner dramatically reduced the award to $67,500.
Gertner wrote in her decision that the original amount was too high and "unconstitutional." With regard to statutory damages in a copyright case, her decision is believed by some legal experts to be unprecedented. Not only are copyright owners attacking Gertner's reasoning, but so are some well-known lawyers from the pro-technology side.
Eric Goldman, a law professor at Santa Clara University who is often critical of entertainment companies in copyright litigation, predicted much of Gertner's ruling is vulnerable to appeal, which the RIAA will likely do, a high placed music industry source told CNET on Tuesday.
"This ruling is critically important," Goldman wrote on his blog on Monday. "It has the potential to [affect statutory damages for every copyright case that involves them]." Goldman said that despite feeling sympathy with the judge's aversion to the size of the award, brought on by what he called a "bad brew of an aggressive copyright lobby and pliable politicians," her arguments "did not completely convince me."
Statutory damages are a dollar range determined by Congress that sets limits on what juries can assess for copyright infringement. For willful infringement, a jury can assess damages as high as $150,000 per incident. Gertner's ruling is more proof that the damage amounts lawmakers have enabled the music industry to claim for copyright infringement are too high are the courts--as well as much of the public--to stomach. In major file-sharing cases, the Recording Industry Association of America, the trade group representing the four largest record companies, is 0-for-2 in seeing jury awards held up by the courts.
Last year, Jammie Thomas-Rasset, the accused music-pirating Minnesota woman, saw U.S. District Judge Michael Davis slash the jury-awarded damages from $1.9 million to $54,000.
"The damages range within the law are an important signal about the potential penalties for illegal conduct," the RIAA said in a statement. "A jury decides, after hearing all the facts, what is the appropriate penalty. If a judge can disregard those facts and simply impose his or her own personal views, that undermines an important deterrent message established by Congress."
Judge's authorityIn her ruling, Gertner gave consideration to the fact that there's no proof Tenenbaum shared music for commercial gain. But by reducing the award, Gertner overruled the jury as well as Congress.
"I don't think the law gives the judge the authority to lower the jury's award," said Ben Sheffner, an entertainment attorney and frequent blogger on copyright issues. "I don't think she should have altered it. I don't mean to say that I'm entirely comfortable with the amount as a matter of policy...but her decision seriously undermines the authority of Congress to set the range of statutory damages."
Not everybody sees it that way. Corynne McSherry, a staff attorney at the Electronic Frontier Foundation, an advocate group for tech and Internet users, on applauded Gertner decision.
"Gertner found there is quite a bit of evidence that Congress did not intend statutory provisions to be applied this way," McSherry said. "She concluded that the [original] damages award went far beyond what Congress intended or contemplated."
Gertner's decision will trigger all kinds of other problems, Goldman predicted.
"I expect more litigation battles over statutory damages," Goldman said. "Almost every copyright infringement defendant can advance a non-frivolous argument that statutory damages in their case would be unconstitutional. As a result, statutory damages cases will take more time and money."
Hurting 'Hurt Locker' For the music industry, this may not mean much. The top labels gave up on filing copyright complaints against individual file sharers in December 2008. Gertner's decision, however, could come into play for Voltage Pictures, producers of the Oscar-winning film "The Hurt Locker."
D.C.-area law firm Dunlap, Grubb, & Weaver has begun filing lawsuits against individual file sharers on behalf of independent production companies. Voltage is among about a dozen filmmakers that have signed up with Dunlap, which is reportedly intending to sue a total of 50,000 people for allegedly illegally sharing movie files.
In letters, Dunlap notifies the accused that they can settle the case quickly by paying $1,500 but that if they refuse, the company could eventually ask for $150,000 if they can prove the person is liable for willful infringement. That kind of claim coming after award reductions in both the Thomas-Rasset and Tenenbaum cases could ring hollow.
Gertner's decision will also make settling copyright much harder, Goldman said.
"Defendants will have increased confidence in their low case valuations (given the possibility that statutory damages will be Constitutionally capped at $2,250/work)," Goldman wrote, adding that "most copyright owners will not accept this discount. As a result, due to the doctrinal uncertainty, the litigants will have an even harder time reaching a compromise."
http://news.cnet.com/8301-31001_3-20010428-261.html
"Legal experts sympathetic to copyright owners as well as those known for supporting technology companies are criticizing a federal judge's decision to lower a jury award in a high-profile lawsuit about file sharing.
A year ago, a jury found college student Joel Tenenbaum liable for willful copyright infringement for sharing 30 songs, and later set a damages award of $675,000. On Friday, U.S. District Judge Nancy Gertner dramatically reduced the award to $67,500.
Gertner wrote in her decision that the original amount was too high and "unconstitutional." With regard to statutory damages in a copyright case, her decision is believed by some legal experts to be unprecedented. Not only are copyright owners attacking Gertner's reasoning, but so are some well-known lawyers from the pro-technology side.
Eric Goldman, a law professor at Santa Clara University who is often critical of entertainment companies in copyright litigation, predicted much of Gertner's ruling is vulnerable to appeal, which the RIAA will likely do, a high placed music industry source told CNET on Tuesday.
"This ruling is critically important," Goldman wrote on his blog on Monday. "It has the potential to [affect statutory damages for every copyright case that involves them]." Goldman said that despite feeling sympathy with the judge's aversion to the size of the award, brought on by what he called a "bad brew of an aggressive copyright lobby and pliable politicians," her arguments "did not completely convince me."
Statutory damages are a dollar range determined by Congress that sets limits on what juries can assess for copyright infringement. For willful infringement, a jury can assess damages as high as $150,000 per incident. Gertner's ruling is more proof that the damage amounts lawmakers have enabled the music industry to claim for copyright infringement are too high are the courts--as well as much of the public--to stomach. In major file-sharing cases, the Recording Industry Association of America, the trade group representing the four largest record companies, is 0-for-2 in seeing jury awards held up by the courts.
Last year, Jammie Thomas-Rasset, the accused music-pirating Minnesota woman, saw U.S. District Judge Michael Davis slash the jury-awarded damages from $1.9 million to $54,000.
"The damages range within the law are an important signal about the potential penalties for illegal conduct," the RIAA said in a statement. "A jury decides, after hearing all the facts, what is the appropriate penalty. If a judge can disregard those facts and simply impose his or her own personal views, that undermines an important deterrent message established by Congress."
Judge's authorityIn her ruling, Gertner gave consideration to the fact that there's no proof Tenenbaum shared music for commercial gain. But by reducing the award, Gertner overruled the jury as well as Congress.
"I don't think the law gives the judge the authority to lower the jury's award," said Ben Sheffner, an entertainment attorney and frequent blogger on copyright issues. "I don't think she should have altered it. I don't mean to say that I'm entirely comfortable with the amount as a matter of policy...but her decision seriously undermines the authority of Congress to set the range of statutory damages."
Not everybody sees it that way. Corynne McSherry, a staff attorney at the Electronic Frontier Foundation, an advocate group for tech and Internet users, on applauded Gertner decision.
"Gertner found there is quite a bit of evidence that Congress did not intend statutory provisions to be applied this way," McSherry said. "She concluded that the [original] damages award went far beyond what Congress intended or contemplated."
Gertner's decision will trigger all kinds of other problems, Goldman predicted.
"I expect more litigation battles over statutory damages," Goldman said. "Almost every copyright infringement defendant can advance a non-frivolous argument that statutory damages in their case would be unconstitutional. As a result, statutory damages cases will take more time and money."
Hurting 'Hurt Locker' For the music industry, this may not mean much. The top labels gave up on filing copyright complaints against individual file sharers in December 2008. Gertner's decision, however, could come into play for Voltage Pictures, producers of the Oscar-winning film "The Hurt Locker."
D.C.-area law firm Dunlap, Grubb, & Weaver has begun filing lawsuits against individual file sharers on behalf of independent production companies. Voltage is among about a dozen filmmakers that have signed up with Dunlap, which is reportedly intending to sue a total of 50,000 people for allegedly illegally sharing movie files.
In letters, Dunlap notifies the accused that they can settle the case quickly by paying $1,500 but that if they refuse, the company could eventually ask for $150,000 if they can prove the person is liable for willful infringement. That kind of claim coming after award reductions in both the Thomas-Rasset and Tenenbaum cases could ring hollow.
Gertner's decision will also make settling copyright much harder, Goldman said.
"Defendants will have increased confidence in their low case valuations (given the possibility that statutory damages will be Constitutionally capped at $2,250/work)," Goldman wrote, adding that "most copyright owners will not accept this discount. As a result, due to the doctrinal uncertainty, the litigants will have an even harder time reaching a compromise."
http://news.cnet.com/8301-31001_3-20010428-261.html
Friday, July 16, 2010
Panel: Copyright Needed In Music, But Should Benefit Musicians; Intellectual Property Watch, 7/12/10
Kaitlin Mara, Intellectual Property Watch; Panel: Copyright Needed In Music, But Should Benefit Musicians:
"Copyright is critical to the survival of the music industry and its creators, but lack of respect for copyright is not why artists are struggling to make ends meet, argued a recent panel of media lawyers and music industry experts. The blame for that lies squarely on the corporate-focus of the music industry, and how it has bent copyright law to serve companies rather than composers, said a panel at the University of Westminster.
File-sharing too is an issue, but innovative thinking may be required to find new ways to manage music sharing practices which have become outdated, panellists said.
The “biggest flaw in music is not copyright, it’s business practice,” said attorney and lecturer Ben Challis. Business practices that shift rights from the author or song writer to companies are the reason that artists do not get paid, he added. A fair regime would protect artists as well as the corporate side, he added.
Copyright has “shown itself for what it truly is,” said Kienda Hoji, an entertainment lawyer and senior lecturer at the University of Westminster. It is a system that benefits those who want to make money, not the creators who deserve to, he said.
They were speaking at an event called Talking Copyright: Reflecting On A 300 Year History & The Music Industry, held at the University of Westminster in London on 15 June. The event was organised by British Black Music, an online resource, and the Black Music Congress, a “forum for discussing issues around black music, networking, and a pathway to music industry education.”
It was intended to explore whether copyright laws are robust enough for the internet age, and if copyright awareness campaigns had lost the hearts and minds of young music consumers.
Many examples of copyright leaving the artist behind were cited by the event chair, Kwaku, founder of the Black Music Congress and one of the directors of British Black Music.
Composer Solomon Linda, a South African Zulu, composed a song called “Mbube” after the Zulu word for “lion.” The song later became famous as “The Lion Sleeps Tonight,” which was eventually licensed to Disney for its film the Lion King, but Linda died poor, having not seen a fraction of the money generated by his work, said Kwaku.
A settlement in 2006 finally acknowledged – more than 45 years after Linda’s death – the South African origin of the song, and guaranteed his heirs, until that time living in poverty, an income, according to the World Intellectual Property Organization magazine.
And Samuel Coleridge-Taylor, an English composer, had sold his wildly popular song Hiawatha to Novello for 15 guineas (British pounds) in the late 1800s and received no further royalties on it. Novello is still collecting on it, said Kwaku.
Two model laws should be more common if artists are to fully benefit from copyright laws, said David Stopps, the copyright & related rights director at the International Music Managers Forum.
These are: a German law in which the transfer of copyright can only be done by licence, which means that the rights rest fundamentally with artists; and a United States law that limits the transfer of copyright – after 35 years the creator has the right to get the copyright back. This could help prevent cases where music is still under copyright yet not available to the public: a worst-case scenario for the artist, who then cannot make money but cannot do anything with the music either, said Stopps.
The US law went into effect in 1978, meaning 2013 is the first opportunity for it to be used, said Stopps. Record companies are opposed, he added, so he predicted there will be legal cases.
And some aspects of copyright are outdated, said Challis, adding that his students were horrified that sampling from existing songs is illegal, as they see song creation from sampling as creating a new thing.
In a changing digital environment, however, new business models are needed as much as new artist savvy.
Pauline Henry, a singer and former member of Scottish band the Chimes asked why it was still possible for people to download music for free. The trick is to have music available online but without piracy, she said.
If more than half of the population is involved in file sharing – and if this constitutes over 90 percent of the digital market – said Challis, then this constitutes market failure and there must be better ways to manage it, perhaps through an “access to music charge” akin to the British television charge.
Stopps said that many artists now make more from rights to their image than to their music: singer Beyoncé, for example, owed more than half of her income to branding associated with her name.
But selling music is not necessarily a lost cause. “You can compete with free,” said Stopps, pointing to the success of bottled water. But part of it is understanding how people behave.
“Record companies shoot themselves in the foot with production times” that see songs released on radio but unavailable for purchase until eight weeks later, for example, said Stopps. The “public won’t wait,” and if music is only available on Pirate Bay then this just drives piracy, he said.
A member of the audience suggested getting in touch with young music fans, who are often willing to pay artists directly.
Related Articles:
Iceland Panel: French ‘3-Strike’ Rule Spreading But Not Best Option
Argentina Extends Music Copyright Term; Opposition Mounts
New Business Models Proposed In Debate On EU Culture And Copyright"
"Copyright is critical to the survival of the music industry and its creators, but lack of respect for copyright is not why artists are struggling to make ends meet, argued a recent panel of media lawyers and music industry experts. The blame for that lies squarely on the corporate-focus of the music industry, and how it has bent copyright law to serve companies rather than composers, said a panel at the University of Westminster.
File-sharing too is an issue, but innovative thinking may be required to find new ways to manage music sharing practices which have become outdated, panellists said.
The “biggest flaw in music is not copyright, it’s business practice,” said attorney and lecturer Ben Challis. Business practices that shift rights from the author or song writer to companies are the reason that artists do not get paid, he added. A fair regime would protect artists as well as the corporate side, he added.
Copyright has “shown itself for what it truly is,” said Kienda Hoji, an entertainment lawyer and senior lecturer at the University of Westminster. It is a system that benefits those who want to make money, not the creators who deserve to, he said.
They were speaking at an event called Talking Copyright: Reflecting On A 300 Year History & The Music Industry, held at the University of Westminster in London on 15 June. The event was organised by British Black Music, an online resource, and the Black Music Congress, a “forum for discussing issues around black music, networking, and a pathway to music industry education.”
It was intended to explore whether copyright laws are robust enough for the internet age, and if copyright awareness campaigns had lost the hearts and minds of young music consumers.
Many examples of copyright leaving the artist behind were cited by the event chair, Kwaku, founder of the Black Music Congress and one of the directors of British Black Music.
Composer Solomon Linda, a South African Zulu, composed a song called “Mbube” after the Zulu word for “lion.” The song later became famous as “The Lion Sleeps Tonight,” which was eventually licensed to Disney for its film the Lion King, but Linda died poor, having not seen a fraction of the money generated by his work, said Kwaku.
A settlement in 2006 finally acknowledged – more than 45 years after Linda’s death – the South African origin of the song, and guaranteed his heirs, until that time living in poverty, an income, according to the World Intellectual Property Organization magazine.
And Samuel Coleridge-Taylor, an English composer, had sold his wildly popular song Hiawatha to Novello for 15 guineas (British pounds) in the late 1800s and received no further royalties on it. Novello is still collecting on it, said Kwaku.
Two model laws should be more common if artists are to fully benefit from copyright laws, said David Stopps, the copyright & related rights director at the International Music Managers Forum.
These are: a German law in which the transfer of copyright can only be done by licence, which means that the rights rest fundamentally with artists; and a United States law that limits the transfer of copyright – after 35 years the creator has the right to get the copyright back. This could help prevent cases where music is still under copyright yet not available to the public: a worst-case scenario for the artist, who then cannot make money but cannot do anything with the music either, said Stopps.
The US law went into effect in 1978, meaning 2013 is the first opportunity for it to be used, said Stopps. Record companies are opposed, he added, so he predicted there will be legal cases.
And some aspects of copyright are outdated, said Challis, adding that his students were horrified that sampling from existing songs is illegal, as they see song creation from sampling as creating a new thing.
In a changing digital environment, however, new business models are needed as much as new artist savvy.
Pauline Henry, a singer and former member of Scottish band the Chimes asked why it was still possible for people to download music for free. The trick is to have music available online but without piracy, she said.
If more than half of the population is involved in file sharing – and if this constitutes over 90 percent of the digital market – said Challis, then this constitutes market failure and there must be better ways to manage it, perhaps through an “access to music charge” akin to the British television charge.
Stopps said that many artists now make more from rights to their image than to their music: singer Beyoncé, for example, owed more than half of her income to branding associated with her name.
But selling music is not necessarily a lost cause. “You can compete with free,” said Stopps, pointing to the success of bottled water. But part of it is understanding how people behave.
“Record companies shoot themselves in the foot with production times” that see songs released on radio but unavailable for purchase until eight weeks later, for example, said Stopps. The “public won’t wait,” and if music is only available on Pirate Bay then this just drives piracy, he said.
A member of the audience suggested getting in touch with young music fans, who are often willing to pay artists directly.
Related Articles:
Iceland Panel: French ‘3-Strike’ Rule Spreading But Not Best Option
Argentina Extends Music Copyright Term; Opposition Mounts
New Business Models Proposed In Debate On EU Culture And Copyright"
Librarians Go Gaga: 9 Of The Funniest Library Videos Ever; HuffingtonPost.com, 7/16/10
Caroline Eisenmann, HuffingtonPost.com; Librarians Go Gaga: 9 Of The Funniest Library Videos Ever:
"We all love our local library. Big shelves full of books and good air conditioning make them a summer go-to location.
Yet recently libraries have been in danger. In the face of government budget deficits, many have begun to see libraries as a cut-able expense.
Clearly, these critics don't see what we see. They must be missing something. Maybe just... a little Lady Gaga?
For your viewing pleasure, we have brought together the funniest library videos on the net. Dewey Decimal raps, line dances and impromptu musical numbers, these videos give just a few more reasons to head to the library.
Let us know which videos you love, and which are worse than overdue fines."
http://www.huffingtonpost.com/2010/07/16/librarians-go-gaga-9-of-t_n_648177.html
"We all love our local library. Big shelves full of books and good air conditioning make them a summer go-to location.
Yet recently libraries have been in danger. In the face of government budget deficits, many have begun to see libraries as a cut-able expense.
Clearly, these critics don't see what we see. They must be missing something. Maybe just... a little Lady Gaga?
For your viewing pleasure, we have brought together the funniest library videos on the net. Dewey Decimal raps, line dances and impromptu musical numbers, these videos give just a few more reasons to head to the library.
Let us know which videos you love, and which are worse than overdue fines."
http://www.huffingtonpost.com/2010/07/16/librarians-go-gaga-9-of-t_n_648177.html
Tuesday, July 13, 2010
How Big An Issue Are Orphan Works?; TechDirt.com, 7/12/10
Mike Masnick, TechDirt.com; How Big An Issue Are Orphan Works?:
"For a few years now, there's been an effort underway to pass "orphan works" legislation that would help deal with the massive number of works that are clearly covered by copyright, but for which no copyright holder can be found at all. Even the US Copyright Office, who normally only believes that copyright law should go in one direction (i.e., more), has come out in favor of orphan works legislation. Of course, as copyright experts like William Patry have long pointed out, the "problem" of orphan works is a self-created problem. Prior to taking away the requirement for registering to get a copyright, there really wasn't an orphan works problem, because (1) the copyright holders were registered and (2) most other works fell into the public domain, as they were either not registered, or the registration was not renewed. So, a better fix would be to go back to requiring such "formalities" (even if it goes against the sadly out of date Berne Convention rules).
In the meantime, though, since that doesn't seem likely, many are pushing for such orphan works laws. Unfortunately, there has been a lot of blatant misinformation spread around against orphan works legislation, who insist that it's really a way for companies to use works without paying for them. Of course, the various proposals for orphan works laws make it clear this is not the case. They all require the potential user to conduct a very real and very serious search for the copyright holder. You can't just declare the the copyright holder can't be found.
Of course, another complaint against orphan works legislation is that orphan works really aren't much of a problem, as they're somewhat "rare." How rare are they? Well, Michael Scott points us to a report trying to quantify the number of orphan works in Europe alone. The numbers are pretty impressive..."
"For a few years now, there's been an effort underway to pass "orphan works" legislation that would help deal with the massive number of works that are clearly covered by copyright, but for which no copyright holder can be found at all. Even the US Copyright Office, who normally only believes that copyright law should go in one direction (i.e., more), has come out in favor of orphan works legislation. Of course, as copyright experts like William Patry have long pointed out, the "problem" of orphan works is a self-created problem. Prior to taking away the requirement for registering to get a copyright, there really wasn't an orphan works problem, because (1) the copyright holders were registered and (2) most other works fell into the public domain, as they were either not registered, or the registration was not renewed. So, a better fix would be to go back to requiring such "formalities" (even if it goes against the sadly out of date Berne Convention rules).
In the meantime, though, since that doesn't seem likely, many are pushing for such orphan works laws. Unfortunately, there has been a lot of blatant misinformation spread around against orphan works legislation, who insist that it's really a way for companies to use works without paying for them. Of course, the various proposals for orphan works laws make it clear this is not the case. They all require the potential user to conduct a very real and very serious search for the copyright holder. You can't just declare the the copyright holder can't be found.
Of course, another complaint against orphan works legislation is that orphan works really aren't much of a problem, as they're somewhat "rare." How rare are they? Well, Michael Scott points us to a report trying to quantify the number of orphan works in Europe alone. The numbers are pretty impressive..."
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