Posted on June 23, 2008
Filed Under Internet, Method, Podcast, Regulation | Leave a Comment
This episode of With A Voice Like This is the conclusion of how I’d like to see things work in regard to music and the Internet and distribution of both responsibilities and money.
Music and the Internet is a Virtual Venue
Database
Collecting
Comments From The Podcast Gallery
The Down side
This discussion is an overly simplistic layout of a very complex idea. Currently the Orphan Works Act almost passed in Congress and it seems very similar to what I’ve outlined here. You can hear it discussed at great length on Webcomics Weekly #38 from a visual artist’s point of view and its major weaknesses. I feel I’ve taken some of the things into account that were ignored in the Orphan Works Act and although not exactly the same, the pitfalls could be very similar.
On A Lighter Note
Here are examples of some voiceover work I had just recently done.
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Posted on April 18, 2008
Filed Under Internet, Marketing, Method, Monetizing, Philosophy, Podcast, Regulation | Leave a Comment
Originally this episode was to feature an ASCAP representative, but the timing didn’t quite work out for this show. so the discussion turned to an overview what issues were facing on the Internet with music and content in general.
Topics discussed are:
Links discussed in the show:
ASCAP’s Songwriter’s Bill of Rights
My previous post The Perception of Value
Podcasting Legal Guide wiki and in PDF format
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Posted on April 14, 2008
Filed Under Internet, Interview, Marketing, Method, Monetizing, News, Philosophy, Podcast, Regulation | Leave a Comment
This episode of With A Voice Like This is the conclusion of the discussion with Independent Singer/Songwriter Samantha Murphy of SMtvMusic.com stemming from the April 10 release of ASCAP‘s Songwriter’s Bill of Rights.
Samantha Murphy at SMtvMusic.com
Samantha’s e-mail is sm@smtvmusic.com
Performance Rights Organizations: ASCAP, BMI, SESAC, Sound Exchange
Samantha Murphy’s article written for a Princeton Symposium
Samantha also works with DigitalFreedom.org/
MEISA.org – Music & Entertainment Industry Student Association
Lawrence Lessig article – Commons Misunderstandings: ASCAP on Creative Commons
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Posted on April 10, 2008
Filed Under Internet, Interview, Marketing, Method, Monetizing, News, Philosophy, Podcast, Regulation | Leave a Comment
Thursday, April 10, just in time for their big ‘I Create Music’ ASCAP Expo in LA, ASCAP (American Society of Composers, Authors and Publishers) released their Songwriter’s Bill of Rights. In this episode and the next, recorded live on April 10, I discuss this with Samantha Murphy, an independent singer/songwriter and outspoken proponent of change for how music is delivered, monetized and protected in the digital age.
The conclusion of this discussion with Samantha Murphy can be heard in episode 048.
[Additional Note: At the beginning of this episode, I made the statement that ASCAP's Bill of Rights was to benefit performers. As Samantha pointed out, while you can have a performer account with ASCAP, it is a completely separate entity of its own and this Bill of Rights deals only with Songwriters.
Edit: A further clarification from Samantha is that the two types of accounts are Writer and Publisher, not Performer .]
Samantha Murphy at SMtvMusic.com
Performance Rights Organizations:ASCAP, BMI, SESAC, Sound Exchange
ASCAP Songwriter’s Bill of Rights
Portfolio.com article about the ASCAP Bill of Rights by Sam Gustin
Portfolio.com article Paying the Piper by Sam Gustin
Samantha Murphy’s article written for a Princeton Symposium
Samantha also works with DigitalFreedom.org/
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Posted on March 18, 2008
Filed Under Internet, Regulation | Leave a Comment
The first question is what is regulated? The knee jerk response is the technology, but that’s not what would be most effective here. The technology is already regulated at least partially, by what is and isn’t allowed beyond certain borders. The technology also changes so quickly, trying to regulate it solely isn’t feasible.
In the United States efforts have been made to both regulate and control Internet usage. You need only to look as far as existing governing bodies, such as the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC). They have the blueprints of the what needs to be regulated, but their regulations are based on delivery systems much more limited than the Internet so they aren’t as effective as they could be. As for control, just look at the RIAA and the ongoing battle against Net Neutrality. This “Carve out our piece of the pie” approach fails because it doesn’t take into account the rights and relationships of the Business Partners, Clients and Customers and protects no one but the interest group that’s pushing its own agenda.
So start with the what of regulations, based on the rights and relationships and the existing blueprints. Some things will need to be thought of internationally and some nationally, asking the experts in their fields for input. And it needs to be mandated (yes, that means government). This is possibly the easier of the tasks, but by no means will it be simple.
Where regulating the Internet will succeed or fail will be in compliance. Compliance needs to be scalable and seriously determined by those implementing the regulations. In turn the implementing parties will be held accountable on every level for being compliant. And what is the basis for the scalability? Ability and Resources. There are three main reasons/examples of this.
How does all this happen? By an implementation period as a part of the regulatory process. During this period all the parties responsible for implementing regulations must document what they determine to be compliance based on the best of their ability and resources. Then meet those standards of compliance by the end of the implementation period. The implementing company/partner/corporation will be held accountable to those standards. If they cannot provide the proper documentation or their standards through documentation are found to be inadequate or inappropriate, they are held responsible and are open to any and all penalties for non-compliance. For example, if a Terms of Service Agreement written as a part of compliance is found unreasonable or unenforceable, it’s non-compliant. It serves everyone to be as thorough as possible and it will also provide a basis to be proactive. Anything developed after the implementation period needs to either be compliant to existing documentation or have new documentation completed prior to its roll-out.
It’s not a new approach, nor is it quick, simple or easily understood. It is workable and scalable even as new technology replaces old. It all comes down to this: Publicly available doesn’t mean unprotected and we need to get started on this as soon as possible.
That’s a 30,000 foot view, what do you think?
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