Friday, October 19, 2018

Friday’s Endnotes – 10/19/18 | Copyhype

Advocacy is a Verb: My Testimony on The Hill — A fantastic look (with some fantastic photos) at last September’s House Judiciary Committee hearing on the CASE Act, which would establish a copyright small claims process for creators who cannot afford to bring claims in federal court. The article is a first hand account of the experience by Jenna Close, a working photographer, and one of the witnesses who testified at the hearing.

The Orrin G. Hatch-Bob Goodlatte Music Modernization Act — A look at the landmark legislation, signed into law October 11, from the experts at the Copyright Office. Read to learn what the bill does, and what happens now that it has been enacted.

Riders on the Storm: How Ray Manzarek & the Doors Helped Change the Course of Copyright History — Neil Turkewitz provides an engaging look at the role Manzarek played in the first dispute brought under the TRIPs agreement in 1996.

Is Richard Prince in a Jam? — Appropriation Artist Richard Prince recently filed briefs in two copyright infringement suits he’s currently involved in, arguing, unsurprisingly, that he is protected by fair use.

American Airlines sues over U.S. government’s refusal to copyright ‘garden-variety’ logo — What’s the deal with copyright protection for airline logos?


MusicThinkTank Weekly Recap: Hit Song | Music Think Tank


First Look: Highlights From The Q3 Hit Song Trend Report | Music Think Tank


Hit Songs Deconstructed Releases Highlights from its Q3-2018 Hit Song Trend Report

New York, NY - Hit Songs Deconstructed ( today released highlights from its Q3-2018 Trend Report. This report details the compositional and industry trends for the Billboard Hot 100 Top 10.
Highlights include:
• In Q3 2018, there were 28 songs, 31 credited performing artists, 119 credited songwriters, 48 credited producers, and 11 record labels that landed in the Billboard Hot 100 Top 10.
• Four songs charted at #1. They include three Hip Hop songs - In My Feelings(Drake), Nice For What (Drake), and I Like It (Cardi B featuring Bad Bunny, J Balvin), and one Pop song - Girls Like You (Maroon 5 featuring Cardi B).
• Hip Hop’s prominence continues to reach new heights. As a primary genre it accounted for 71% of the Hot 100 Top 10 in Q3 2018, up from 35% during Q3 2017. 
• Pop, on the other hand, continues to become less and less prominent in the Hot 100 Top 10, accounting for only 14% of songs in Q3 2018.
• Hip Hop as an influence played a role in 75% of songs that are outside of the Hip Hop primary genre
• Dance/Club, which was present as an influence in 43% of the Hot 100 Top 10 this time last year fell to just 7% in Q3 2018.
• For the first time in at least 5 years we saw a song featuring a combination of both major and minor keys, Sicko Mode.
• The number of songs that are four minutes or longer shot up from 14% in Q2 to 35% in Q3, making it the most popular song length range of the Hot 100 Top 10. Over the past 5 years, the four minute or longer range has only surpassed the 3:00 – 3:59 range twice, once in Q1 2014 and once in Q2 2017. 
For additional highlights please visit
About Hit Songs Deconstructed:
Hit Songs Deconstructed ( offers unparalleled insight into the craft and trends behind today’s hit songs and empowers music industry professionals with actionable data and analysis that can’t be found anywhere else.
Our mission is to provide cutting-edge tools that help you understand what’s driving today’s hits at the compositional, giving you an edge for success in a fast-changing musical landscape.
Our subscribers include leading industry professionals, include songwriters, producers, publishers and labels, who use our proprietary data and analysis to stay in tune with songwriting trends, hone their craft, benchmark songs, and make strategic songwriting, production and business decisions armed with hit songwriting analytics.

First Look:  Highlights from the Q3 Hit Song Trend Report




EU court rejects ‘blame-it-on-the-parents’ defence in file-sharing case | UNLIMITED | CMU


Back when file-sharing lawsuits were in vogue, one question came up quite often, especially once w-fi became the norm: what happens if someone who has been accused of online copyright infringement claims that someone else used their internet connection to do some sneaky infringing? The EU Court Of Justice answered that question yesterday, ruling that an accused infringer in Germany can’t escape liability for copyright infringement by simply saying that his parents had access to his wi-fi network.

This all began back in 2010 when a man called Michael Strotzer was accused by book publisher Bastei Lubbe of illegally sharing an audiobook that it published. The publisher ultimately demanded damages for the infringement that had occurred via Strotzer’s IP address. But he denied the allegations of infringement, pointing out that his parents also had access to his internet connection. Though he then failed to provide any information about when and how his parents had accessed the net.

Strotzer’s defence – basically blaming family members but providing no information about their use of his internet connection – arguably stood up because of the way European privacy law, and the so called ‘right to family life’, has been interpreted in Germany. However, the courts in Munich ultimately passed the matter up to the EU courts, asking judges there to balance the IP rights of Bastei Lubbe with the privacy rights of Strotzer. They yesterday sided with the copyright owner.

The court basically backed the opinion of the EU’s Advocate General, Maciej Szpunar, who considered the case earlier this year. He concluded in June that: “The right to respect for family life, recognised in article seven of the Charter Of Fundamental Rights of the EU, cannot be interpreted in such a way as to deprive right holders of any real possibility of protecting their right to IP”.

He also wrote that it was “for the referring court to determine whether Strotzer is abusing the right to protection of family life by invoking that right, not in order to protect the members of his family against liability for the infringement of copyright with which they clearly have no connection, but solely in order to escape his own liability for that infringement”.

The EU court formally endorsed that viewpoint yesterday, saying that privacy law shouldn’t be used to try to sidestep liability for copyright infringement by blaming a family member and then arguing further information cannot be divulged. Instead, judges said, a fair balance needs to be struck so that the individual’s right to a private and family life doesn’t block the right of a copyright owner who is seeking an effective remedy in relation to infringement.

Of course, in the music industry the rather loud safe harbour debate has tended to drown out discussions about more straight forward online piracy of late. Where litigation has been pursued in relation to online infringement, in more recent years music rights owners have tended to focus on the platforms and technologies infringers use, rather than suing the infringers themselves. Nevertheless, the effectiveness of common defences in infringement actions remain of interest to any IP owners who may or may not be looking to enforce their rights in the future.


Setlist: 20 years of CMU – A brief history of Napster | UNLIMITED | CMU

This week’s episode of Setlist is another marking CMU’s 20th birthday, the eighth in a series of special editions reviewing the 20 biggest stories CMU has covered over the last two decades. Here we discuss how Napster turned the music industry upside down, and how both the service and the legal battle it sparked set the agenda for the next decade as the music industry struggled to adapt to the digital era. Setlist is sponsored by 7digital.

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Yandex Under Fire Again, This Time For Linking to Blocked RuTracker | TorrentFreak

With copyright holders and anti-piracy outfits continue their battle to make infringing content harder to find, legitimate companies are increasingly finding themselves in the firing line.

In Russia, pressure is building on search giant Yandex, which is being targeted by rightsholders from multiple directions. Their main point of concern is that Yandex’s indexes sometimes carry links to allegedly infringing content. However, Yandex believes that the current law requires rightsholders to file complaints against those actually hosting the content.

While that particular battle plays out, Yandex now has another problem on its hands. Last September the country passed new legislation that prevents sites (and their mirrors and clones) that have already been blocked in Russia from being indexed by search engines.

It now transpires that last October, the Association for Copyright Protection on the Internet (AZAPI) filed a complaint against Yandex. The group, which represents the interests of book publishers, claimed that links to previously blocked sites (including torrent giant RuTracker and eBook site Librusec) were available in Yandex’s search results.

AZAPI director Maxim Ryabyko told Kommersant that the complaint is first to be filed against a search engine under the legislation passed back in September 2017. When a legal entity like Yandex breaches the law, it can be subjected to fines between 500,000 and 700,000 rubles (US$10,700) per instance. However, things may not be straightforward.

According to the publication, the links to the blocked sites only appear via Yandex’s recommendation algorithm which was launched in the summer of 2018. Ryabyko says that when people search for mirrors of blocked sites and try several in a row, the algorithm sometimes decides that the user didn’t find what they were looking for so it gives direct links instead.

This complex arrangement means that telecoms watchdog Roscomnadzor may carry out its own tests and not trigger the same results, leaving Yandex in a position to say that the links aren’t indexed or appeared simply by chance. In any event, Roscomnadzor will have the final say, which could potentially result in Yandex having to take stronger action to ensure infringing links don’t appear in its indexes.

As recently reported, a hearing should have taken place Monday at the Moscow City Court in the case of TNT-TV versus Yandex, after the former accused the latter of failing to remove infringing links from search results.

However, according to local sources, that hearing has now been delayed until November 9 in order to give the parties more time to present technical evidence.

“We continue to insist on the need for technical expertise,” Yandex said in a statement.

“We also continue to believe that the demands made to us are impracticable. The search system does not post content to the Internet and it cannot separate the disputed content in search results from legal options.”

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN reviews, discounts, offers and coupons.


Thursday, October 18, 2018

Certain Songs #1346: Nirvana – “Breed” | Medialoper

Album: Nevermind
Year: 1991

It’s hard to explain just how throughly Nevermind took over the world — or at least my little slice of it — in 1992, but let me give a few examples.

I remember calling a friend and his answering machine message went “Nobody can come to the phone right now because we’re all too busy listening to our Nevermind CDs.”

There was also a point when the Wild Blue started doing their DJ dance music nights, and in the middle of all of the techno, electronica and flat-out funk, the DJ would put on “Smells Like Teen Spirit” and the place would go crazy.

I also remember traveling to northern Scotland in late June with a girl that I was seeing at the time — she’d been lucky enough to see Nirvana at their New Year’s Eve show in San Francisco — and there was a teenage kid riding a bike wearing the same smiley-face Nirvana shirt that I’d gone out and purchased at some point. “Flower Sniffin, Kitty Pettin, Baby Kissin, Corporate Rock Whores.” When we broke up a couple of months later, I’d left that shirt in her apartment, and never asked for it back.

None of which has anything to do specifically with today’s song, “Breed,” which eschews the quietLOUDquiet format of the singles for a pure blast of punk rock energy. “Breed” also encapsulates the thing that detractors of Nevermind always pointed to as Exhibit A: the artificiality of the whole thing. With producer Bruce Vig bringing in Slayer producer Andy Wallace to do the final mixes, Nevermind was definitely and defiantly polished to shine brighter than most punk records: it was closer to Give ‘Em Enough Rope or Warehouse: Songs and Stories than it was to The Clash or New Day Rising.

Me, I love all four of the aforementioned records to within an inch of my life, and what I heard on Nevermind was as immediate, powerful and catchy as anything I’d ever heard in my life. And no amount of polish was ever going to remove the beautiful grit spackled all over Kurt Cobain’s vocal cords.

I don’t care, I don’t care, I don’t care
I don’t care, I don’t care, care if it’s old
I don’t mind, I don’t mind, I don’t mind
I don’t mind, mind, don’t have a mind
Get away, get away, get away
Get away, away, away from your home
I’m afraid, I’m afraid, I’m afraid
I’m afraid, afraid, ghooooooooooosssst!

That first verse — Cobain’s penchant for playful repetition never more out front — comes after an opening where a spate of feedback becomes a circular guitar riff, joined by a long drum roll from Grohl and spizzled out bass from Novoselic, which is so overdriven you initially wonder if there’s an problem with your speakers.

One of the things about “Breed” is that it showed just how in synch Nirvana was, especially Kris Novoselic and Dave Grohl. Grohl’s main drumbeat is locked in with Novelselic’s bass at a molecular level, impossible to pry apart on any circumstances — but also Kurt Cobain, who abandons the riff he started in order to shred on top of his vocals during the verses, and then joins in on the fun during the choruses.

Even if you have, even if you need
I don’t mean to stare, we don’t have to breed
We could plant a house, we could build a tree
I don’t even care, we could have all three
She said, she said
She said, she said
She said, she said
She said, she said

One of the cool things about “Breed” is that Kurt’s guitar is in one speaker and Kris’s bass is in the other, which I’m going to take as a homage to the first Ramones album, a production choice that is only broken by some panning during the guitar break, which is mostly Kurt flogging his guitar into making tornado noises.

In the end, with “she said” echoing off the walls the floors and the ceiling, “Breed” comes crashing to an end with Kurt almost disgustedly exclaiming “duh!”

Nevermind is too famous and too great to claim that any song on it is a deep cut, but on a regular album, “Breed” might have been a single instead of the least famous song on the first side, though Kurt might have had to write a second verse in order for that to happen.


“Breed” live in Seattle, 1991

“Breed” live at Reading, 1992

“Breed” live in Seattle, 1993

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