Ikey Publishing focuses on topics about Copyright, Copyright Laws, Royalty Distribution, and many other Music Publishing topics.
Wednesday, October 26, 2011
Jail time for posting YouTube videos?
We live in an era of new digital technology, in which there is still no precedent to resolve court cases involving internet laws about music, streaming and downloads. Since this technology is fairly new, cases that arise today are the first set we encounter: therefore, rulings may seem absurd and unjustified.For example, the most recent case of Justin Bieber possibly going to jail simply because he "Became famous due to the posting of unauthorized covers of famous R&B songs on YouTube". This past May, Congress began working on a bill that made it a felony to upload/stream unauthorized covers by individuals, and gain recognition because of it. A non-profit organization has really brought out this bill to the light this past week by creating a campaign called "Free Bieber". This campaign has started a petition in order to keep Beiber extradited from Canada and put in jail. However, many subject matter experts in entertainment law have strongly argued that even if the bill is past Bieber will be safe from going to jail. These Lawyers have concluded that streaming websites such as YouTube, have what is known in the industry as "Blanket Licenses" in which gives YouTube users the right to post videos of themselves covering licensed songs. Unfortunately ASCAP and YouTube have not been getting along with the amount that a blanket license should cost. ASCAP has also proposed charging a "Sync License" as well since videos with people singing music is considered a moving picture as well. I strongly believe that way before these online websites and providers publish their material, they have planned well in advanced what proper licenses are needed in order to avoid any litigation and prison time in this case. Although I am an ASCAP member, I believe that all of the performing Right's Organizations should have a well established contract and standard measure for new web developments such as YouTube. One thing that must be kept in mind for everyone in the industry, is that new technological findings are being made to help those who are suffering from CD sales and expanded competition, profit may not be the same a before however, profits will be made if we are conscious and accepting to the change that will inevitably occur.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment