Technology Daily
The U.S. Supreme Court's opinion on Internet file-sharing two weeks ago saved congressional staffers from a rhetoric-filled summer of acrimony between the entertainment and technology industries over how to curtail illegal, online music services.
But instead of unleashing a flood of legitimate online services as promised by the music industry, the court's opinion just cleared the way for legislators to address the question of how everyone in the digital-music supply chain should be compensated. Many newly announced services are not yet operational, and those that are operate under a cloud of legal uncertainty.
But instead of unleashing a flood of legitimate online services as promised by the music industry, the court's opinion just cleared the way for legislators to address the question of how everyone in the digital-music supply chain should be compensated. Many newly announced services are not yet operational, and those that are operate under a cloud of legal uncertainty.
Online music services, the recording labels and music publishers are asking lawmakers to decide how copyright law should be updated to create an efficient rights-clearance process. The goal is to quickly make large music catalogs available in various online formats.
Online music services, the recording labels and music publishers are asking lawmakers to decide how copyright law should be updated to create an efficient rights-clearance process. The goal is to quickly make large music catalogs available in various online formats.
The Senate Judiciary Intellectual Property Subcommittee held a hearing on the matter Tuesday with several representatives from across the spectrum of the music creation, production, and retailing sectors on the witness list.
The Senate Judiciary Intellectual Property Subcommittee held a hearing on the matter Tuesday with several representatives from across the spectrum of the music creation, production, and retailing sectors on the witness list.
Register of Copyrights Marybeth Peters stunned many in mid-June when she said the nation's compulsory music-licensing scheme should be abolished.
stunned many in mid-June when she said the nation's compulsory music-licensing scheme should be abolished.
In testimony submitted for Tuesday's hearing, she acknowledged that her proposed replacement was a "radical departure" but reiterated her belief that it is the best scheme for the digital marketplace. Under the plan, music services could "one-stop shop" for all the various rights they need through new music-rights organizations.
In testimony submitted for Tuesday's hearing, she acknowledged that her proposed replacement was a "radical departure" but reiterated her belief that it is the best scheme for the digital marketplace. Under the plan, music services could "one-stop shop" for all the various rights they need through new music-rights organizations.
Unpopular View
None of the other organizations at the hearing supported Peters' proposal.
RealNetworks Chairman and CEO Rob Glaser, who also testified on behalf of the Digital Media Association (DiMA), of which RealNetworks is a member, said in written testimony that both his company and DiMA oppose the proposal because it would create more administrative duties for online music services.
Rob Glaser
"We believe that the Copyright Office's proposal is certain to impede, rather than assist, our ability to license the broad catalog of musical works necessary to compete with pirate services," he wrote.
Music publishers and songwriters have proposed a "unilicense," which would bundle all performance, reproduction and distribution rights that online services need to obtain to offer legitimate services. Mr. Glaser called that idea interesting, as long as it would conform to certain principles.
Music publishers and songwriters have proposed a "unilicense," which would bundle all performance, reproduction and distribution rights that online services need to obtain to offer legitimate services. Mr. Glaser called that idea interesting, as long as it would conform to certain principles.
But Ismael Cuebas, director of merchandising operations for retailer Trans World Entertainment, who testified on behalf of the National Association of Recording Merchandisers, objected to the unilicense and added that the recording merchandisers and the Recording Industry Association of America favor a blanket license that would cover all technologies.
But Entertainment, who testified on behalf of the National Association of Recording Merchandisers, objected to the unilicense and added that the recording merchandisers and the Recording Industry Association of America favor a blanket license that would cover all technologies.
Used with permission of Technology Daily, Copyright 2005.