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    Music Managers Filing On DMCA PDF

    Uploaded by

    Mark Jaffe
    The notice-and-takedown system established by the DMCA to address online copyright infringement is no longer effective due to technological changes. It requires music creators to constantly monitor the entire internet and send individual notices to service providers about unlicensed music links, which is impossible given the vast scale of the internet today. This flawed system allows rampant piracy and unjustly forces creators to spend vast amounts of time sending fruitless takedown notices instead of focusing on their music. Reform is needed to update the notice-and-takedown system to reflect current technology and properly support music creators.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Music Managers Filing On DMCA PDF

    Uploaded by

    Mark Jaffe
    89 views3 pages
    The notice-and-takedown system established by the DMCA to address online copyright infringement is no longer effective due to technological changes. It requires music creators to constantly monitor the entire internet and send individual notices to service providers about unlicensed music links, which is impossible given the vast scale of the internet today. This flawed system allows rampant piracy and unjustly forces creators to spend vast amounts of time sending fruitless takedown notices instead of focusing on their music. Reform is needed to update the notice-and-takedown system to reflect current technology and properly support music creators.

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    The notice-and-takedown system established by the DMCA to address online copyright infringement is no longer effective due to technological changes. It requires music creators to constantly monitor the entire internet and send individual notices to service providers about unlicensed music links, which is impossible given the vast scale of the internet today. This flawed system allows rampant piracy and unjustly forces creators to spend vast amounts of time sending fruitless takedown notices instead of focusing on their music. Reform is needed to update the notice-and-takedown system to reflect current technology and properly support music creators.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    89 views3 pages

    Music Managers Filing On DMCA PDF

    Uploaded by

    Mark Jaffe
    The notice-and-takedown system established by the DMCA to address online copyright infringement is no longer effective due to technological changes. It requires music creators to constantly monitor the entire internet and send individual notices to service providers about unlicensed music links, which is impossible given the vast scale of the internet today. This flawed system allows rampant piracy and unjustly forces creators to spend vast amounts of time sending fruitless takedown notices instead of focusing on their music. Reform is needed to update the notice-and-takedown system to reflect current technology and properly support music creators.

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    You are on page 1of 3

    Making Music Work

    A Music Managers Call to Reform the DMCA


    As artist managers who guide the careers of our music creator clients, we have a
    front row seat to the many ways in which obsolete laws undermine artists,
    songwriters, and their fans. The rise of for-profit digital piracy and the collapse of
    the notice- and-takedown system contemplated by the Digital Millennium
    Copyright Act have brought us to a precipice with the fate of tomorrows music
    ecosystem hanging in the balance.
    Already, thousands of artists, songwriters, musicians, and others in the music
    industry are no longer able to make an adequate living while remaining fully
    committed to their creative work. Many have quit making music altogether.
    Meanwhile, fewer and fewer of the gifted young artists and songwriters rising in the
    business today genuinely believe in music as a sustainable long-term career. If this
    keeps up, we stand to lose an art form that uniquely represents the diversity of
    American culture and is one of our greatest exports.
    The core problem is the utter failure of the notice-and-takedown system to keep up
    with technological innovation and change.
    The current notice-and-takedown system was designed in an era of Internet
    connectivity characterized by screeching and hissing 56k dial-up connections. This
    was a time when downloading or uploading a song took minutes or hours, there
    were less than 2.5 million websites, and user-generated content meant postings on
    all-text bulletin boards.
    In that context, a system that required music creators to police the entire Internet
    and give individualized notice to service providers of each link to unlicensed music
    might have had at least some logic to it.
    But it makes no sense at all in an Internet ecosystem with gigabit connectivity and
    nearly a billion websites. No one can police that vastness and anyone who tries to
    do so finds the universe online is growing faster than our ability to inspect it for
    illegal copies of our clients work. Today, the instant an infringing link is taken
    down, it is replaced by many more. Its whack-a-mole on steroids in which every
    time the mole is knocked down, two more pop up, then four, then eight.
    Adding to this injustice, the companies operating digital music services are
    incentivized to remain willfully blind to this mass infringement, in order to
    maximize the users of content on their services. Their key objective is to do

    whatever it takes to get as many eyeballs as possible to boost advertising and


    subscription revenue. Unfortunately, some court decisions have attempted to justify
    this willful blindness, further boosting infringement-based services online.
    Some providers go even further by leveraging the outdated nature of the notice-andtakedown system for commercial advantage. Music creators are presented with
    below-market take it or leave it deals. And if creators refuse to accept the
    miniscule rates offered, their work is devalued even more by the unchecked flood of
    unlicensed copies that remain online.
    All the while, legitimate music services are forced to compete in a market distorted
    by rampant online piracy and against competitors benefitting from illegitimate
    below-market rates for music a race to the bottom that puts the future of music at
    risk.
    Under the auspices of the flawed DMCA, many technology giants post multi-billion
    dollar revenues while endangering the sustainability of the music industry. These
    companies are taking the value of music and grabbing it for their own benefit,
    turning the Constitutional directive to promote the progress of science and the
    useful arts on its head. And creators are forced to expend vast amounts of time and
    resources scouring the Internet and sending millions of fruitless takedown notices
    instead of focusing on what counts creating their music.
    The notice-and-takedown system needs to be updated to reflect current technology,
    and rebalanced to properly account for music creators contributions.

    Respectfully submitted to the U.S. Copyright Office, (signed as of 9pm EST


    3/31/2016)
    Irving Azoff

    Garry Kief

    Jeffrey Azoff

    Martin Kirkup

    Jonathan Azu

    Kathy Kruse

    Lisa Barbaris

    Ron Laffitte

    Melinda Bell

    Rebecca Lambrecht

    Danny Bennett

    Jon Landau

    Jordan Berliant

    Adam Leber

    Blasko

    Ken Levitan

    Scott Borchetta

    Michael Lippman

    Coran Capshaw

    Nick Lippman

    Bradford Cobb

    Susan Markheim

    Brandon Creed

    Michael McDonald

    Kelly Curtis

    Larry Mestel

    Ansel Davis

    Jared Paul

    Bob Doyle

    Patrick Pocklington

    JP Durant

    Larry Rudolph

    Bruce Eskowitz

    Bill Silva

    Jeffrey Evans

    John Silva

    Jordan Feldstein

    Damien Smith

    Rachel Flotard

    Clarence Spalding

    Fletcher Foster

    Amy Thomson

    Mark Gillespie

    Lee Trink

    Clint Higham

    Caron Veazy

    Steve Jensen

    Josh White

    Kathy Kane

    Dean Wilson

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