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The Case for Fixing the DMCA

Is It Time to Break Up Google?

Author Jonathan Taplin’s piece in the New York Times opines on whether Google and other big tech companies should be regulated in the same way natural monopolies are often regulated, and offers suggestions on how to do that, including by scrapping the DMCA’s safe harbors which “allow companies like Facebook and Google’s YouTube to free ride on the content produced by others.”

  • The New York Times
  • Apr 22, 2017

A2IM/Future of Music Coalition Study on Ineffectiveness of DMCA

This new study by music groups A2IM and Future of Music documents indie labels’ experiences with the ineffective notice and takedown provisions of the DMCA, including that 65% of labels surveyed reported finding instances of music re-appearing on the same site even after that music had been taken down.

  • A2IM
  • Apr 11, 2017

2016: A Year of Progress For Music

RIAA CEO Cary Sherman offers his thoughts on the American music industry’s 11.4% year-over-year growth in 2016, cautioning that while growth is exciting, the recovery is “fragile and fraught with risk” due in large part to below-market rates paid to music creators by platforms such as YouTube on account of an antiquated DMCA.

  • Medium
  • Mar 30, 2017

Phoenix Center: DMCA “Safe Harbor” Provisions Cost U.S. Music Industry Nearly $1 Billion Annually In Lost Revenue

Economic think tank The Phoenix Center’s new report finds that laws like the Digital Millennium Copyright Act (DMCA) cause music creators to lose anywhere between “$650 million to over one billion dollars a year” due to “distortions in licensing negotiations.”

  • Phoenix Center
  • Mar 29, 2017

Coalition of 15 Music Orgs File Complaint Over Digital Millennium Copyright Act

Billboard's take on the coalition filing of 15 music organizations — representing virtually the entire music community – to the U.S. government in response to its inquiry on the effectiveness of a U.S. copyright law called the Digital Millennium Copyright Act (DMCA), calling the DMCA's notice and takedown process an “endless game of whack-a-mole” for music creators.

  • Billboard
  • Feb 21, 2017

Industry Leaders Call For DMCA Reforms

Nashville music outlet Music Row on various leaders in the U.S. music community from artists to songwriters to labels to musicians and managers who have spoken up and filed comments with the U.S. Copyright Office on the failures of the notice and takedown provisions of the Digital Millennium Copyright Act (DMCA).

  • MusicRow
  • Feb 21, 2017

Drumbeat Of DMCA Reform Only Grows Louder

RIAA blog post on Medium highlighting the many music voices who have called on Congress to update the Digital Millennium Copyright Act.

  • Medium
  • Feb 27, 2017

US Music Industry Bodies Renew Attack on ‘Broken' DMCA

Music Ally piece on the 15 music industry bodies including the Recording Academy, NMPA, and SoundExchange who have come together to file comments to the U.S. Copyright Office decrying the DMCA as “broken and antiquated.”

  • MusicAlly
  • Feb 22, 2017

Dear YouTube: An open letter from Irving Azoff

Legendary artist manager Irving Azoff's open letter to YouTube criticizing the video platform for its position on the DMCA's notice and takedown provisions and lambasting the lack of artist control over their work on the platform.

  • ReCode
  • May 9, 2016

Valuing Music In A Digital World, Guest Post By RIAA CEO Cary Sherman

RIAA Chairman & CEO Cary Sherman outlines the critical dilemmas presented by the current government-set music licensing regime, as well as the hopelessly antiquated “notice and takedown” copyright system.

  • Forbes
  • September 23, 2016

Industry Out of Harmony With YouTube on Tracking of Copyrighted Music

The Wall Street Journal muses on why the music industry is locked in an epic battle with YouTube, and the laborious task of efficiently detecting copyrighted material from the 300+ hours-worth of video uploaded to the site every minute.

  • Wall Street Journal
  • June 28, 2016

RIAA: If You Love Music, We Should Work Together to Update the DMCA

The RIAA's Cary Sherman explains the importance of updating the DMCA in order to fairly compensate the creators driving the industry.

  • Medium
  • July 27, 2016

Music World Bands Together Against YouTube, Seeking Change to Law

A New York Times piece on the unanimous call from artists and creators to revise the Digital Millennium Copyright Act (DMCA), and why YouTube's current anti-piracy system may not be enough.

  • New York Times
  • May 31, 2016

State Of The Music Business: What The Numbers Tell Us

Following the release of the music industry's 2015 revenues, RIAA CEO Cary Sherman reflects on the industry's transition to streaming number and outlines present challenges such as the hopelessly outdated ‘notice and takedown' provisions of the Digital Millennium Copyright Act (DMCA).

  • Medium
  • March 22, 2016

What is the Intention of Justice? Notice and Stay Down is the Government's Responsibility

Music attorney and artist advocate Chris Castle argues that Google has unjustly reaped financial rewards by tilting the balance intended by the DMCA's authors.

  • Music Tech Policy
  • September 21, 2015

Inside YouTube's War With the Music Industry

Rolling Stone covers a letter signed by Taylor Swift, Paul McCartney, Beck, Kings of Leon and others, calling for reform of the DMCA, and pointing out that Google is capable of doing more.

  • Rolling Stone
  • August 15, 2016

Taylor Swift, 180 Artists Want Copyright Reform

A USA Today piece on a letter to Congress signed by over 180 artists calling for reform of the DMCA to protect the future of music for the next generation of artists.

  • USA Today
  • June 22, 2016

Taylor Swift Declares War on YouTube

Vanity Fair covers Taylor Swift's advocacy for fair treatment of music creators by YouTube, and legendary artist manager Irving Azoff's case that YouTube is a rigged system.

  • Vanity Fair
  • June 21, 2016

Paul McCartney, Taylor Swift, U2, and more fight YouTube with letter to Congress

Entertainment Weekly covers an outpouring of artist criticism of YouTube and calls for DMCA reform, following Nine Inch Nails frontman Trent Reznor's recent critique.

  • Entertainment Weekly
  • June 20, 2016

The Music Industry Signs up Taylor Swift and U2 in its Fight Against YouTube

Recode covers a letter to Congress by a “who's who” of music creators, including legendary artist manager Irving Azoff, calling for reforms of DMCA to artists can have control over their work, and warning that the music economy for the next generation of artists is at stake.

  • Re/Code
  • June 20, 2016

'It's a System That Is Rigged Against the Artists': The War Against YouTube

Billboard covers an unprecedented number of music creators calling for Congressional reform of DMCA to thwart YouTube's meager payouts.

  • Billboard
  • May 5, 2016
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Artist Testimonials

T Bone Burnett Slams Notice-and-Takedown Copyright Rules

BNA's take on music icon T Bone Burnett's video submission to the U.S. Copyright Office in which he makes a powerful appeal to policymakers to fix the DMCA's broken notice and takedown system.

  • Bloomberg BNA
  • February 23, 2017

T Bone Burnett: Treading on Hallowed Ground – Google, the Ryman, and The Future of Nashville Music

In a Tennessean Op-Ed, legendary producer and musician T Bone Burnett dismisses Google's charm offensive in Nashville in light of the effects on Nashville musicians of its abuse of the DMCA.

  • The Tennessean
  • September 22, 2016

Maria Schneider: Content ID is Still Just Piracy in Disguise: An Open Letter to Rightsholders and a Music Industry Ready to Renegotiate with a Monster

Famed songwriter Maria Schneider explains how YouTube's claim that it uses ContentID to stop piracy is backwards because it facilitates piracy.

  • Music Technology Policy
  • July 31, 2016

Kurt Sutter Slams Google, Argues for DMCA Update

In a Rolling Stone Op-Ed, Sons of Anarchy creator Kurt Sutter pens a point by point rebuttal to YouTube's defense of its abusive conduct.

  • Rolling Stone
  • July 15, 2016

Ellen Siedler: YouTube's Content ID Easily Fooled

Producer and Director Ellen Seidler talkes to Vox Indie in an depth examination of the flaws in YouTube's ContentID system.

  • Vox Indie
  • June 30, 2016

A Manager's Perspective on the DMCA and How It Fails Artists

Artist manager Jordan Berliant highlights the unusual unanimity of music creators in calling for DMCA reform and the responsibility of services like YouTube to use the best available technological tools to protect music creators' work in this RIAA Blog post.

  • RIAA
  • May 13, 2016

Nelly Furtado: YouTube are Under-paying and Exploiting Creators – and Getting Away with It

Grammy award winning singer/songwriter Nelly Furtado makes a four point case that YouTube needs to do better for music creators.

  • Music Business Worldwide
  • May 3, 2016

John Mellencamp: If Music was Protected Online like TV, ‘We would be in better shape'

Variety covers music legend John Mellencamp's acceptance of the ASCAP Founders Award and his call for legal reforms of laws covering online services like Google and YouTube to better protect music creators.

  • Variety
  • April 28, 2016

Debbie Harry: 'Music matters. YouTube should pay musicians fairly'

Music legend Debbie Harry points out, in a Guardian Op-Ed, how the broken DMCA allows Google to take money from musicians and the need for reform.

  • The Guardian
  • April 26 2016

Nikki Sixx launches campaign to get YouTube to ‘do the right thing' over music royalties

The Guardian covers Motley Crue co-founder Nikki Sixx's call for more artists to speak out and put pressure on YouTube to match the royalty payouts of music streaming rivals.

  • The Guardian
  • April 24 2016

Metallica Manager Slams YouTube: ‘They're the Devil'

Music Ally covers Metallica manager Peter Mensch's sharp critique of YouTube's treatment of music creators.

  • Music Ally
  • April 19, 2016

400 Artists, Songwriters, Managers, and Music Organizations Call For Reforms of Broken DMCA

The diverse and widespread outpouring of music industry voices calling for reform and RIAA Chairman and CEO Cary Sherman's hope that policymakers heed those calls, highlighted in this RIAA blog post.

  • RIAA
  • March 31, 2016

More than 400 Artists, Songwriters, Managers, and Music Organizations Call For Reforms of Broken DMCA

musicFIRST compiles filings demonstrating the unprecedented, unified music industry calls for reform of the DMCA, in this post on Medium.

  • Medium
  • March 31, 2016

T Bone Burnett: Our culture loves music. Too bad our economy doesn't value it.

Legendary producer and musician T Bone Burnett highlights the disparity between the widespread affection for music in our society and outdated laws that devalue it, in this Op-Ed published in the Washington Post.

  • Washington Post
  • December 18, 2015

Do You Love Music? Silicon Valley Doesn't

Jonathan Taplin, Director of the Annenberg Innovation Lab at the University of Southern California, makes the case that Google/YouTube hides behind DMCA Safe Harbors to shortchange artists, before calling for DMCA reforms, in this New York Times Op-Ed.

  • New York Times
  • May 20, 2016
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The Value Gap

BPI & IFPI Slam Google-Commissioned Report Claiming YouTube Is Not Bad For Biz

Music Week report on BPI and IFPI’s rebuttals to a recent YouTube-commissioned report that says YouTube isn’t bad for the industry and has a positive impact on the business by bringing in those who would normally get music illegally to the platform.

  • Music Week
  • May 11, 2017

Irish Times: Music Industry Is Singing Loud And Proud In Clash With YouTube

Irish Times’ informative take on how the global music industry’s celebration of its recent increase in revenue is tempered by YouTube and the value gap, and why the industry should keep fighting.

  • The Irish Times
  • May 2, 2017

IFPI’s Global Music Report

IFPI’s new report on the 2016 global music market highlights how the value gap “remains the biggest challenge to sustainable growth” for the worldwide music industry, with a specific section on the status of a legislative fix in Europe, along with new supporting graphics and facts on the inequality between what YouTube pays music creators vs what other similar services pay.

  • IFPI
  • Apr 25, 2017

Music Industry Goes to War With YouTube

The Guardian’s take on latest music industry figures from UK record label trade body BPI that shows the UK market up 5.6% but hamstrung by safe harbor laws that allow services like YouTube to pay below market rates, further compounded by BPI’s revelation that music creators made more money from vinyl album sales than from video streaming platforms like YouTube in 2016.

  • The Guardian
  • Apr 15, 2017

Why YouTube Should Be Singing a Different Tune About Music Streaming

Variety piece with compelling charts that show how YouTube’s payouts to music creators pale in comparison to its competitors, thereby putting into context its claim that it has paid out more than $1 billion in the past year.

  • Variety
  • Jan 5, 2017

‘YouTube Can Do Better': Cee Lo, Evanescence, Rush Among Artists Calling for DMCA Action (Watch)

Billboard's take on the video filing to the U.S. government signed by more than 40 artists joining together to form the simple message: “YouTube Can Do Better.”

  • BillboardBiz
  • Feb 23, 2017

The Value Gap — the Missing Beat at the Heart of Our Industry

In a Canadian Music Week speech, IFPI CEO Frances Moore covers industry trends and describes the growing disparity between the increasing value music provides to digital services and the compensation music creators receive from them.

  • IFPI
  • May 5, 2016

'It's a System That Is Rigged Against the Artists': The War Against YouTube

Billboard covers the organic, international outcry of music creators for reform of laws that give immunity to music services like YouTube.

  • Billboard
  • May 5, 2016

Artist Backlash Over YouTube's Royalty Payments Grows Noisier

A roundup by Music Business Worldwide covers a flurry of music creator activity calling for DMCA reforms.

  • Music Business Worldwide
  • April 25, 2016

EU Digital Chief Calls on YouTube to Pay Music Artists More

As the EU prepares its copyright reform directive to help address the value gap in Europe, Andrus Ansip, the EU's digital chief, calls on the Google-owned video site to share more revenue with artists.

  • Financial Times
  • April 16, 2016

New IFPI-Ipsos Research Shows Audio Streaming on the Rise but Starkly Highlights Music's "Value Gap"

IFPI releases new consumer research from Ipsos that shows sharp growth in music streaming but also meager payouts for music creators from streaming services.

  • IFPI
  • September 13, 2016

Dear YouTube: An open letter from Irving Azoff

Legendary artist manager Irving Azoff's open letter to YouTube criticizing the video platform for its position on the DMCA's notice and takedown provisions and lambasting the lack of artist control over their work on the platform.

  • ReCode
  • May 9, 2016

‘Value Gap' Growing, According to New UK Figures

A RIAA blog highlights a report by the BPI contrasting the increase in streaming by UK music fans with stagnant payouts to music creators by streaming services.

  • RIAA
  • May 5, 2016

Nikki Sixx to YouTube: ‘Do the Right Thing'

Motley Crue co-founder Nikki Sixx's call for more artists to speak out and put pressure on YouTube to match the royalty payouts of music streaming rivals in this BBC report.

  • BBC
  • April 25, 2016

Industry Out of Harmony with YouTube on Tracking of Copyrighted Music

The Wall Street Journal muses on why the music industry is locked in an epic battle with YouTube, and the laborious task of efficiently detecting copyrighted material from the 300+ hours-worth of video uploaded to the site every minute.

  • Wall Street Journal
  • June 28, 2016

Taylor Swift Declares War on YouTube

Vanity Fair covers Taylor Swift's advocacy for fair treatment of music creators by YouTube, and legendary artist manager Irving Azoff's case that YouTube is a rigged system.

  • Vanity Fair
  • June 21, 2016

DMCA: Paul McCartney, Taylor Swift, U2 and More Fight YouTube With Letter to Congress

Entertainment Weekly covers an outpouring of artist criticism of YouTube and calls for DMCA reform, following Nine Inch Nails frontman Trent Reznor's recent critique.

  • Entertainment Weekly
  • June 20, 2016

The Music Industry Signs Up Taylor Swift & U2 In Its Fight Against YouTube

Recode covers a letter to Congress by a “who's who” of music creators, including legendary artist manager Irving Azoff, calling for reforms of DMCA to artists can have control over their work, and warning that the music economy for the next generation of artists is at stake.

  • ReCode
  • June 20, 2016

Frances Moore Calls on the Global Music Sector to Seize its ‘Moment of Opportunity' to Fix the Value Gap

On a Midem panel, IFPI CEO calls for music creators to take a united stand for fair compensation from digital services at this critical moment.

  • IFPI
  • June 16, 2016

Music World Bands Together Against YouTube, Seeking Changes to Law

A New York Times piece on the unanimous call from artists and creators to revise the Digital Millennium Copyright Act (DMCA), and why YouTube's current anti-piracy system may not be enough.

  • New York Times
  • May 31, 2016
More...

Studies & Filings

The Failure of the DMCA Notice & Takedown System

  • Center for the Protection of Intellectual Property
  • December, 2013
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