Posted by Larry LeBlanc
May 2, 2008 at 3:59pm
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At this time when so many forces are seeking to diminish copyright protections and devalue artistic expression, the American Society of Composers, Authors and Publishers (ASCAP) has introduced a “Bill of Rights” for all songwriters and composers.
Says ASCAP president/chairperson Marilyn Bergman, "Given the many issues surrounding the music industry today, it can be all too easy to overlook the source of it all--individual songwriters, lyricists and composers. Our goal is to remind lawmakers, the general public and music creators themselves of the rights that are inherent in their art.”
The ASCAP Bill of Rights includes:
1. We have the right to be compensated for the use of our creative works, and share in the revenues that they generate.
2. We have the right to license our works and control the ways in which they are used.
3. We have the right to withhold permission for uses of our works on artistic, economic or philosophical grounds.
4. We have the right to protect our creative works to the fullest extent of the law from all forms of piracy, theft and unauthorized use, which deprive us of our right to earn a living based on our creativity.
5. We have the right to choose when and where our creative works may be used for free.
6. We have the right to develop, document and distribute our works through new media channels - while retaining the right to a share in all associated profits.
7. We have the right to choose the organizations we want to represent us and to join our voices together to protect our rights and negotiate for the value of our music.
8. We have the right to earn compensation from all types of "performances," including direct, live renditions as well as indirect recordings, broadcasts, digital streams and more.
9. We have the right to decline participation in business models that require us to relinquish all or part of our creative rights - or which do not respect our right to be compensated for our work.
10. We have the right to advocate for strong laws protecting our creative works, and demand that our government vigorously uphold and protect our rights.
Meanwhile, Toronto singer/songwrIter Andrew Cash, co-founder of Canadian Music Creators Coalition, weighs in with an authoritative assessment of issues facing Canadian creators today in an informative interview in the current issue of Exclaim! Magazine with Allison Outhit. Here’s a segment.
Allison: “How are artists going to get a seat at the distribution table? Will the CMCC play a part?”
Andrew: “We don’t even have an office or a telephone number! But that touches on an important issue, which is representation of artists in the new age of the music business.
“Let’s be frank: artists have never been represented to their benefit fully or equally in the music business. The history of the music business is littered with 1001 tales of highway robbery of artists.
“Someone said the music business is a great place to get rich but a lousy place to make a living. It’s feast or famine.
“Now there’s an opportunity for a middle class of artists, which is very exciting. How is that going to evolve? It would require a lot of attention by some organization that has musicians’ interests in mind. But trying to get musicians together is like herding cats. That’s a problem that goes very deep into the psyche of the business.
“Musicians are, on one hand, supposed to be blissfully ignorant of the business in order to dedicate themselves to the pure artistry of their craft. Yet [other] copyright stakeholders have legions of fulltime lobbyists and lawyers so it’s a real, incredible disadvantage as an artist collective unless you can find a cheap lawyer who’s going to work for you. And most of us are out there trying to make a living, while this could take over your whole life. When are you going to find time to be a musician if you’re out fighting this battle all the time? So I don’t know what’s the answer and I don’t know if the CMCC is the answer."
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Reprinted with permission from The LeBlanc Newsletter. The LeBlanc Newsletter is exclusively carried and archived by Canadian Music Week in Canada at www.cmw.net/cmw2008. It is available In the U.S. at Encore Celebrity Access: encore.celebrityaccess.com
Journalist/broadcaster/researcher Larry LeBlanc has been a leading figure in Canadian music for four decades. He has been a regular music commentator on CTV’s “Canada A.M” for 35 years, and has been featured on numerous CBC-TV, CTV, YTV, Bravo! MuchMusic, MusiMax, and Newsworld programs in Canada; VH-1, and EEntertainment in the U.S.; and BBC in the U.K. Larry was a co-founder of the late Canadian music trade, The Record; and, most recently, the Canadian bureau chief of Billboard for 16 years.
B Ehinger on Friday, May 2, 2008
Fair Use bill of rights:
1. Users have the right to "time-shift" content that they have legally acquired.
This gives you the right to record video or audio for later viewing or listening. For example, you can use a VCR to record a TV show and play it back later.
2. Users have the right to "space-shift" content that they have legally acquired.
This gives you the right to use your content in different places (as long as each use is personal and non-commercial). For example, you can copy a CD to a portable music player so that you can listen to the songs while you're jogging.
3. Users have the right to make backup copies of their content.
This gives you the right to make archival copies to be used in the event that your original copies are destroyed.
4. Users have the right to use legally acquired content on the platform of their choice.
This gives you the right to listen to music on your Rio, to watch TV on your iMac, and to view DVDs on your Linux computer.
5. Users have the right to translate legally acquired content into comparable formats.
This gives you the right to modify content in order to make it more usable. For example, a blind person can modify an electronic book so that the content can be read out loud.
6. Users have the right to use technology in order to achieve the rights previously mentioned.
This last right guarantees your ability to exercise your other rights. Certain recent copyright laws have paradoxical loopholes that claim to grant certain rights but then criminalize all technologies that could allow you to exercise those rights. In contrast, this Bill of Rights states that no technological barriers can deprive you of your other fair use rights.
Sean on Sunday, May 4, 2008
I would venture a guess that most creators would agree with your list as well. I know that there are lots of this lists out there - I'm just curious, did you write this or is it borrowed from somewhere? No you think that the two bills of rights on this page are in conflict with each other in any way?
B. Ehinger on Monday, May 5, 2008
The only conflict I see arising is when over protective industry organizations such as the RIAA and major label suits decide that it is illegal to transfer legally acquired content from one format to another. Such as ripping a CD to your iPod. And they have gone on record suggesting just that. That "even making one copy could be considered stealing"
These organizations also try to use wording in the DMCA that prohibits circumventing DRM measures (see point 6) through the use of technology to "protect" their content.
Yes, I'm willing to be a majority of artists would support both Bills of Rights. However there are increasing indications that the industry lobbyists would like to see fair use provisions thrown out of existing copyright laws. The elimination of fair use provisions would be detrimental to the content creators, and any threat should not be ignored.
All's I'm sayin'
(PS, yes, my list was "borrowed")
Rachel Stone on Monday, May 5, 2008
you'll like this, ehinger: www.mi2n.com
B Ehinger on Monday, May 5, 2008
Case and point.