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.