Recently attending 

Taylor Swift or Congress? Who Has More Power in the Digital Music Streaming Marketplace?

 

 Which was an informative and unseful hearing in the Rayburn Office Building on Captiol Hill by Congressional Internet Caucus Advisory Committee  --see Altavoz's blog about it soon.  Well at the end to get to the matter at hand  I was able to ask the last question* and it was what does the panel think about the Trans Pacific Partnership. And, got back the response that I thought might happen. *Don't know next questions. CPSPAN Link

So I find myself this Saturday morning on doing a search for "TPP agreement's chapter on intellectual property for music" and then going to the Wikipedia page for it, I can sum it up with the following:

Now Article 4.1 provides that rights holders may “authorize or prohibit all reproductions of their works, performances, and phonograms, in any manner or form, permanent or temporary (including temporary storage in electronic form).”  So that is in place, however down a few blocks of text the mentions of the Appeals Court cases that found qualitatively transitory copies don't violate DMCA and that "ACTA does not define copyright rights, and TRIPS references the Berne Convention, which contains no language regarding temporary copies." which might appear to be a hole however if your company is a us based streaming company there the current court ruling and future administrative actions are issues that need to be addressed.  Moreover! The statement about parallel imports in Article 4.2 giving authorization to distributors is a silent victory for US based recording artists and rights holders since some companies have never been shy about importing a USMade releases as an import and not paying the artists or producers.

Lastly Article 5: is about the Distribution –  “the exclusive right to authorize or prohibit the communication…of their works,…including making available…their works in such a way that…the public may access these works from a place and at a time individually chosen by them.” U.S. law, on the other hand, only provides the following rights: sale, transfer of ownership, rental, lease or lending. 

This is a very interesting agreement since along with 4.2's parallel imports clause the Music has by definition get into the hands of Distributors; And, since there are only a hand full of US based distribution companies actively seeking to export our music this TPP from a review of it --now places the "how your content get's distributed" to the forefront of any recording artists, bands or group agenda.     There is a lot in the TPP with saying very much and I'm sure that issue will evolve as the TPP is incorporated in to plans, disputes and profits. At the end of it Got Distro? needs to be the question for USA based recording interests. 

@SonofNels

 Change.org MUSICAct

The M.U.S.I.C Act is unquestionably the most import piece of legislation that few in Congress of the Administration seem to support. So we've launched a Change.org campaign to help bring more attention to the funding of Made in America music....

https://www.change.org/p/u-s-house-of-representatives-support-the-making-united-states-independents-competitive-act

 

While the global music market has been in decline during the last decade, the U.S. share of that market has fallen much faster, from 34% to 26% of market share, representing an annual loss of $1.9 billion.  Connecting small music labels to foreign audiences will create jobs at home while ensuring that the U.S. remains a leader in the worldwide creative community.

 

LINK TO THE ACT 

Text of Act

 

This Act may be cited as the ‘‘Making United States 

5 Independents Competitive Act’’ or ‘‘MUSIC Act’’. 

1 SEC. 2. ASSISTANCE TO UNITED STATES INDEPENDENT 

2 MUSIC LABEL COMPANIES TO FACILITATE 

3 EXPORTS OF RECORDED MUSIC. 

4 (a) ASSISTANCE AUTHORIZED.—The Secretary of 

5 Commerce shall provide assistance to United States inde-

6 pendent music label companies for purposes of facilitating 

7 exports of recorded music by such companies. 

8 (b) PRIORITY FOR TRADE SHOWS.—In providing as-

9 sistance under subsection (a), the Secretary of Commerce 

10 shall give priority to assistance to United States inde-

11 pendent music label companies and the musical recording 

12 artists of such companies to attend international music 

13 trade shows. Such assistance shall include admission costs 

14 to such music trade shows and support for travel, booth 

15 construction, and touring expenses related to such music 

16 trade shows. 

17 (c) DEFINITION.—In this section, the term ‘‘United 

18 States independent music label company’’ means a cor-

19 poration, partnership, or other association created under 

20 the laws of the United States or of any State (including 

21 the District of Columbia or any commonwealth, territory, 

22 or possession of the United States) that— 

23 (1) signs musical recording artists to contracts 

24 to assist in the recording, promotion, and sale of the 

25 recorded music; 

1 (2) for the immediately preceding fiscal year 

2 has— 

3 (A) total revenues of less than 

4 $50,000,000; and 

5 (B) total recorded music sales of less than 

6 one percent of the total recorded music sales in 

7 the United States; and 

8 (3) is not majority owned by a corporation, 

9 partnership, or other association that has total reve-

10 nues of more than $50,000,000. 

11 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to the Secretary of Com-

13 merce $1,000,000 for each of the fiscal years 2013  

14 through 2017 to carry out this section. 

“Our small, independent music labels are finding it increasingly difficult to sell their goods in the global marketplace,” said Nadler.  “This bill would help promote U. S. exports in an extremely competitive industry whose talents cannot be outsourced.  Helping these businesses access foreign markets is also an important part of President Obama’s goal to double U. S. exports in five years – an effort in which New York, home to many independent music labels and artists, continues to take the lead.”  http://nadler.house.gov/press-release/nadler-seeks-bolster-global-market-american-independent-music

LINK TO THE ACT 

Text of Act

 

 

 

GRAMMYs in My District, a new advocacy initiative for Recording Academy members, will launch on October 14 according to a post on the Grammy Facebook page.  On Tuesday the 14th recoding member will be visiting their local representatives office to reminding them of the vibrant music community that lives – and votes – in their districts along with many copyright and compensations of creators issues. 

On that of all of that we propose that you also remind them of the M.U.S.I.C ACT that needs to happen since 2012.  Truer words haven't been spoken today as they were back in 2012 when it was 1st proposed. By Rep Jerry Nadler. 

“Our small, independent music labels are finding it increasingly difficult to sell their goods in the global marketplace,” said Nadler.  “This bill would help promote U. S. exports in an extremely competitive industry whose talents cannot be outsourced.  Helping these businesses access foreign markets is also an important part of President Obama’s goal to double U. S. exports in five years – an effort in which New York, home to many independent music labels and artists, continues to take the lead.”  http://nadler.house.gov/press-release/nadler-seeks-bolster-global-market-american-independent-music

While the global music market has been in decline during the last decade, the U.S. share of that market has fallen much faster, from 34% to 26% of market share, representing an annual loss of $1.9 billion.  Connecting small music labels to foreign audiences will create jobs at home while ensuring that the U.S. remains a leader in the worldwide creative community.

BTW we believe this number to be much larger by just looking at the Census Trade data it's clear we're about to become a net importer of music. So what is Congress going to do to help US MADE MUSIC is another question that needs to be put to them and here's a start. 

 

LINK TO THE ACT 

Text of Act

 

This Act may be cited as the ‘‘Making United States 

5 Independents Competitive Act’’ or ‘‘MUSIC Act’’. 

1 SEC. 2. ASSISTANCE TO UNITED STATES INDEPENDENT 

2 MUSIC LABEL COMPANIES TO FACILITATE 

3 EXPORTS OF RECORDED MUSIC. 

4 (a) ASSISTANCE AUTHORIZED.—The Secretary of 

5 Commerce shall provide assistance to United States inde-

6 pendent music label companies for purposes of facilitating 

7 exports of recorded music by such companies. 

8 (b) PRIORITY FOR TRADE SHOWS.—In providing as-

9 sistance under subsection (a), the Secretary of Commerce 

10 shall give priority to assistance to United States inde-

11 pendent music label companies and the musical recording 

12 artists of such companies to attend international music 

13 trade shows. Such assistance shall include admission costs 

14 to such music trade shows and support for travel, booth 

15 construction, and touring expenses related to such music 

16 trade shows. 

17 (c) DEFINITION.—In this section, the term ‘‘United 

18 States independent music label company’’ means a cor-

19 poration, partnership, or other association created under 

20 the laws of the United States or of any State (including 

21 the District of Columbia or any commonwealth, territory, 

22 or possession of the United States) that— 

23 (1) signs musical recording artists to contracts 

24 to assist in the recording, promotion, and sale of the 

25 recorded music; 

1 (2) for the immediately preceding fiscal year 

2 has— 

3 (A) total revenues of less than 

4 $50,000,000; and 

5 (B) total recorded music sales of less than 

6 one percent of the total recorded music sales in 

7 the United States; and 

8 (3) is not majority owned by a corporation, 

9 partnership, or other association that has total reve-

10 nues of more than $50,000,000. 

11 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to the Secretary of Com-

13 merce $1,000,000 for each of the fiscal years 2013 

 

14 through 2017 to carry out this section. 

From U.S. INTERNATIONAL TRADE IN GOODS AND SERVICES

November 2014 

First off Exports in Recorded media fell by -397 percent (HOW IS THAT POSSIBLE) How many US recording stars release records last year.   More than a handful and one of them is on track to be the best selling record musicbiz has seen in years? The fact of the matter is that the US is not exporting #USMADEMUSIC and if wasn't on the strength of the very same companies film's being exported we'd be in the toilet.  However the since the Majors don't export it's music and have haliburtizoned the US Music Business.   How else can the USA have the biggest recording stars in the world and our exports fall by -397 precent.    

Meanwhile by not supporting local music or at the least #USMADEMUSIC being exporting by Majors, we're entertaining our economy to death. Which is made from this point in the press release. 

Year-to-date, the goods and services deficit increased $22.3

billion, or 5.1 percent, from the same period in 2013. Exports

increased $60.0 billion or 2.9 percent. Imports increased

$82.4 billion or 3.3 percent. 

 

Many of the popular artists and band here in the USA are foreign and their CD's which we still buy (Last year 2014 CD's where over 52 percent of the format music was sold in.. MusicCapitalist.com and MEANWHILE our popuplar artists arent exported. There is no other way the recorded media category to be this unbalanced.    

Clearly no one in Washington Cares about USMADEMUSIC.   Or the M.U.S.I.C Act would have been on the agenda. 

So our last hope is the Mayors of US Music Cities and that is why CityMusicDeal.com choose to start the process of showing them how it can be changed and it starts with their local music and our campaign to Buy Inide Support Locals this music is coming from cities and the moment one of their localmusicans makes it big the town and the US start to lose. 

Please visit http://www.census.gov/foreign-trade/Press-Release/current_press_release/ft900.pdf to read the whole report. 

"In these tough economic times, the NEA has been woefully underfunded, at $146 million in FY 2014, down from a peak of $167 million in 2010; by comparison, the Canada Council For the Arts serves our neighbors to the North with a budget of roughly equivalent size, despite having only a tenth of the population. Nonetheless, the agency has played a key role in encouraging innovative thinking toward new and better ways of supporting artists and arts organizations in diverse local communities."

This was published on the blog of Future of Music Coalition announced that the US Congress finally confirmed Dr. Jane Chu as New Chair of the National Endowment for the Arts, aka TheArts.gov And, as any visitor to this sites knows the funding for US Made Arts is something that our current Congress seems to think is only reserved for multinational corporations tax breaks. so learning that we're on par with our "neighbors to the North" is a wake up call for those elected officials and member of the administration that we need to do more for US and funding the NEA seems like a good place to start.