Friday, September 11, 2020

Friday’s Endnotes – 09/11/20 | Copyhype

How can we pay for creativity in the digital age? — “Every post on Twitter or TikTok is an easy, cost-free path to discovery for an upstart comedian, actor, or cinematographer. In ‘The Death of the Artist: How Creators Are Struggling to Survive in the Age of Billionaires and Big Tech’ (Holt), the critic William Deresiewicz considers how we arrived at a situation in which it’s easier than ever to share your creativity with the world, and harder than ever to make a living doing so. He interviewed roughly a hundred and forty writers, musicians, visual artists, and filmmakers about their experiences working in the so-called ‘creative economy.'”

In ‘Jersey Boys’ Ruling, Appeals Court Adopts New Standard for Nonfiction — “Typically, when a copyright claim is asserted over a work of nonfiction, the plaintiff will either try to convince the judge and jury that he or she made an original selection or arrangement or included something beyond facts within their work. Sound a little odd? Perhaps, but it happens. For example, three years ago, a music journalist admitted to having ’embellished’ his articles about Tupac Shakur to sue Lionsgate over All Eyez on Me. The Jersey Boys case became another instance of this phenomenon. The 9th Circuit is now putting its proverbial foot down by adopting what some have referred to as the doctrine of copyright estoppel and what this panel of judges prefer to call an ‘asserted truths’ doctrine.”

Data Shows 90 Percent of Streams Go to the Top 1 Percent of Artists — “In its early days, streaming offered a glimmer of a utopian free-for-all: A music landscape where all artists had equal chances of making it big, where a $9.99-per-month endless buffet of music would drive listeners away from the mainstream and into the niche. Wired editor Chris Anderson was so optimistic in 2004 that he famously suggested that streaming would upend our notions of supply and demand, creating a ‘long tail’ where the non-hits would get a bigger share than they ever had before. But in the reality of 2020, things look largely the same. Sure, albums have given way to playlists, hip-hop is the new pop and digital downloads have all but vanished. But the enormous disparity, the who-has-what of it all — that part hasn’t really changed. In fact, streaming hasn’t just upheld the gap between music’s haves and have-nots; it’s widened it.”

Judge Sets Tentative Schedule for Internet Archive Copyright Case — “In an August 31 scheduling order, Judge John G. Koeltl mostly accepted the discovery schedule proposed by the parties late last week, and set a few key dates in the case schedule: * Dispositive motions are to be completed by October 8, 2021. * Pretrial Order/Motions in Limine must be submitted by October 29, 2021. * The parties, barring a motion that would moot the schedule, are to be ready for trial on 48 hours notice on or after November 12, 2021.”

Archivists Want Broader DMCA Exemption for ‘Abandoned’ Online Games — “A few weeks ago the Copyright Office started its latest review of the DMCA exemptions which will be updated next year. Since then, several submissions from archivists, digital rights, and consumer organizations have come in. Several of these ask the Office to renew the current exemptions for abandoned online games. The Software Preservation Network (SPN) and the Library Copyright Alliance (LCA) note that this new exemption ensures that classic games will be preserved. This allows nostalgic gamers and younger generations to play older games that are no longer officially supported. This has already led to some success stories.”


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