Open Audio; Music Share-In;
From: Russell McOrmond <russell _-at-_ flora.ca>
To: No DMCA in Canada <canada-dmca-opponents (at) flora.org>
Date: Sun, 12 Aug 2001 10:56:54 -0400 (EDT)
I am going to include referenced to this Open Audio License (OAL) in my submission. I was already thinking about an "industry switch" - what if actively encouraging Private Copying became the primary way of advertising music. Rather than paying radio stations to promote your music, you would be giving your music away on the net and encouraging people to make CD's and give to their friends. Non-private copying, such as radio, would be where the money would be made. Radio stations would then, in order to get an audience for their advertisements, need to play the "top 10" music charts as defined not by CD sales but by Can.Napster/Can.Freenet/etc records that would be encouraged to be made public. Or better yet, these music-sharing services would be able to sell their listings to the radio stations to help pay for the running of their services.. We need to remember that the recording industry are not wanting DMCA provisions to help the artists, but ensure that they as the bloated-middle-man is not bypassed by more modern post-industrial business models. We need to make sure people separate the musicians from the publishers, and work to ensure that it is the musicians that get the spoils of their work and that the mega-publishers are understood to be an outdated remnants of a past business model. --- Russell McOrmond, Internet Consultant: <http://www.flora.ca/> Free Sklyarov http://www.dibona.com/dmca/ http://www.freesklyarov.org/ http://www.flora.org/dmca/ Oppose DMCA in Canada! (C) reform process.... http://russell.flora.org/drafts/copyright-2001.html My submission... ---------- Forwarded message ---------- Date: Fri, 10 Aug 2001 20:15:50 -0700 From: Stanton McCandlish <mech@eff.org> Reply-To: editors@eff.org Subject: EFFector 14.19: Open Audio; Music Share-In; Donate Tax Refunds EFFector Vol. 14, No. 19 Aug 10, 2001 editor@eff.org A Publication of the Electronic Frontier Foundation ISSN 1062-9424 [...cut...] Attention Musicians: Sign Up to Play at EFF's Share-In Music Festival EFF Unplugged: Music Share-In Saturday, September 8, 2001 Stanyan Meadow, Golden Gate Park, San Francisco (Corner of Haight and Stanyon) 2 p.m. - 5 p.m. The Electronic Frontier Foundation (EFF) would like to invite you to participate in an open air concert event for everyone who loves music. EFF Unplugged will feature musicians from around the Bay Area performing acoustically in Golden Gate Park. Artists participating in this event will permit recording of their performances by those in attendance in support of EFF's Open Audio License (OAL). The OAL was developed to help artists share their work with others without giving up the recognition they deserve for creating the art. Based on the open source and free software initiatives for software development, the open audio license encourages artists to share with one another and their fans and to build upon the works of others. Adoption of the OAL does not mean that an artist does not get compensated for his or her work. On the contrary--the OAL permits artists to share single tracks or performances, with recognition, that could lead to sales of additional music. EFF is extremely sensitive to supporting new models of music distribution in the digital world that see more money going to the artists themselves. One of the great qualities of the Internet is that packaging and distributing music, which is where most of the money is currently spent by record companies, is trivial. EFF is committed to developing tools that empower artists to take control over their own art and to be compensated appropriately for their works. EFF believes that many of the laws and technologies being developed today to protect intellectual property actually harm the public's First Amendment and fair use rights and make criminals of people doing perfectly legitimate things. We are striving to help artists realize the full potential of the Internet for reaching their fans by challenging restrictive laws in courtrooms and through public education events, like this one. In addition to several stages of acoustic music, the Share-In will showcase numerous booths hosted by EFF and outside sponsors, including artists' rights organizations and independent labels. For more information about participating in EFF's Music Share-In, contact: Katina Bishop, EFF Director of Education and Offline Activism, +1 415-436-9333 x101, katina@eff.org More information about the Share-In: http://www.eff.org/events/share-in/ Information about EFF's Open Audio License is available at: http://www.eff.org/IP/Open_licenses/ EFF is the leading civil liberties organization working to protect rights in the digital world. Founded in 1990, EFF actively encourages and challenges everyone to support free expression, privacy, and openness in the information society. EFF is a member-supported organization and maintains one of the most linked-to websites in the world at: http://www.eff.org/ _________________________________________________________________ Artists and Audiences Strike a New Deal with Open Licensing of Music By Robin D. Gross, Esq. Artists' reputations are their number one assets. Whether they earn their living by live performance fees, CD or merchandising sales, subscription or sponsorship fees, advertising, or a variety of other revenue-generating models, the more artists are known and appreciated by the public, the better positioned they are is to seek and obtain fees for their creative services. Now imagine a world full of musicians, all creating, exchanging ideas and building upon the works of others -- a true artist's collective. Digital technology makes this possible. The revolutionary ease of copying and distribution of music over the Internet allows musicians to reach millions of people around the globe at minimal cost; at the same time, the technology truly dissolves the boundaries between who can be considered a creator and who is merely a consumer of art. Musicians would have the opportunity to draw upon and truly build from the works of others like never before. DJs could wade into an increasing pool of music to broadcast or webcast without legal restrictions. Artists would finally have a way to establish a direct connection with their audiences. All this is possible through open licensing. The Electronic Frontier Foundation (EFF) was founded in 1990 to protect civil liberties like freedom of expression and privacy rights in the electronic world. EFF recently released the Open Audio License with terms under which artists can choose to distribute their own songs if they wish. It is EFF's hope that the license will empower the artistic community and promote freedom of expression by taking advantage of law and technology. Original songs that artists choose to release under the Open Audio License may be copied and shared with friends or publicly performed by anyone without restrictions or royalties, so long as credit is provided to the artist. The license terms strike a new deal between artists and the public, opening up greater opportunities for musicians worldwide who want to touch the most hearts and minds with their message. Open licensing allows artists to continue to profit from their music released under the license in many of the same traditional ways they always have, such as CD sales, live performance revenues, merchandising, etc. Artists can also release one track of a CD under the open license as a promotional tool to come to the website and buy the entire CD. In many respects, this idea is not revolutionary. Record labels and artists regularly release free songs for the publicity value. It should come as no surprise that the more an artist is heard, the better her record and concert sales are and the more invitations to provide other musical services she receives. One real possibility for artist revenues in an electronic age that is compatible with the open licensing is upfront fees for musical services such as composition. Artists' livelihood may shift away from one of payment for music as product to one of music as a service. The rules of the game may be changing, but artists will adapt to a home in the digital environment where greater opportunities await them. Just as lawyers are paid fees for their services of drafting contracts, artists can be commissioned to compose and record original songs to, for example, commemorate weddings or births, which can be further distributed to family, friends and heirs throughout time. The industrial era for music distribution revolved around a model of mass production of few songs that would be sold to all. Digital technology allows creators to cultivate the value of individual customization of music, something much more personal. In the digital world, artists who wed their income solely to fees per copies of goods sold seem to be selling themselves short. Since we are moving toward an environment where any intellectual creation can and will be copied and distributed with the click of a mouse, to tie artist revenue to fees for copies distributed also seems to be the surest way for artists to starve. Rather than shoe-horning an old revenue model into a new technological environment, as "digital rights management" (copy-prevention systems) or other digital audio security schemes attempt, open licensing takes advantage of the properties of digital technology, like ease of copying and distributing. Artists' fans become their top promoters, by passing on the music that they like to friends along with means to connect with the artists, such as Web or e-mail addresses. This kind of "viral marketing" or super-distribution of artists' music provides an unprecedented opportunity to independent artists around the world to pursue their passions. The challenge is now to the electronic pioneers to use these new tools to build new business models or new twists on the old ones that sustain and enhance artists' livelihood in a digital world. For more information about open licensing, including EFF's model Open Audio License (OAL), see: http://www.eff.org/IP/Open_licenses/ _________________________________________________________________ EFF Speaks at O'Reilly Conference in DC - Monday, September 17, 2001 Emergent Computing Policy Roundtable Peer-to-peer computing and web services bring fundamental shifts to information and entertainment services--shifts that have major legal, social, and moral repercussions. On Monday, September 17, 2001, Tim O'Reilly brings together legal, political, and technology experts at the Omni Shoreham Hotel in Washington DC for a no-holds-barred roundtable discussion of the promise and perils of P2P and web services. We invite you to join in this event, which is open and free to the public. An audience Q&A follows the formal roundtable discussion. Confirmed roundtable participants include: * Tim O'Reilly, O'Reilly & Associates (and EFF Boardmember-Emeritus), Moderator * Manus Cooney, Napster * Jon Potter, Digital Media Association (DiMA) * Marc Rotenberg, Electronic Privacy Information Center (EPIC) * Peter Jaszi, Digital Future Coalition (DFC) * Cindy Cohn, Electronic Frontier Foundation (EFF) * Jenny Toomey, Future of Music Coalition (FMC) * Dan Gilmor, San Jose Mercury News Roundtable participants will discuss such issues as: * Does MP3 filesharing on Napster--and now scores of other systems--represent widespread disregard for the rights of copyright owners? Or does the Napster lawsuit represent an attempt to increase content providers' ability to control new distribution technologies? * Will we hold technology makers responsible for the activities of all technology users? If not, how will we control the tools? * Do DMCA limitations on breaking encryption schemes represent an unreasonable limit on innovation and fair use, or needed protections against dangerous crackers? * How should the DMCA apply to technologies that have many uses, only some of which threaten copyright owners? * Are consumers better off with digital access to music, movies, and books? Or are personal and fair use rights being eroded? O'Reilly & Associates CEO Tim O'Reilly is an Internet activist and leader in the open source movement. The roundtable is taking place in conjunction with the O'Reilly Peer-to-Peer and Web Services Conference, September 18-21, 2001, at the Omni Shoreham Hotel in Washington DC. EFF staff and board will also be presenting at various sessions throughout the conference. For more information about the organizations represented at the roundtable, visit these web sites: http://www.eff.org/ - Electronic Frontier Foundation http://www.napster.com/ - Napster http://www.digmedia.org/ - Digital Media Association http://www.epic.org/ - Electronic Privacy Information Center http://www.dfc.org/ - Digital Future Coalition http://www.futureofmusic.org/ - Future of Music Coalition CONFERENCE UPDATE: On Monday, September 17th, there will be a number of peer-to-peer and web services community meetings. For more information about these important events, please visit the conference web site: http://conferences.oreilly.com/p2p/ CONFERENCE DETAILS Tuesday September 18th features a full day of tutorials including .NET, Groove, JXTA, SOAP, Jabber, OpenCOLA, Programming Web Services, and an insightful technology overview by the program committee: O'Reilly Networks Maven Rael Dornfest, OpenCOLA Co-Founder and Chief Evangelist Cory Doctorow, Hack the Planet weblog editor Wes Felter, and WorldOS Corp. CEO Lucas Gonze. Wednesday the 19th marks the opening of the conference and exposition hall. As is customary for all O'Reilly conferences, you can expect deeply technical and provocative session presentations. Our lively exhibit hall features a hands-on-look at the latest devices and technologies. And don't forget, during the breaks the hallways will be teeming with vigorous community discussions about the P2P and Web Services space. _________________________________________________________________ -- For (un)subscription information, posting guidelines and links to other related sites please see http://www.flora.org/dmca/
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