JUNE 2007
Mark Vinet blog homepage
Mark Vinet website
MUSIC - Rolling Stone magazine has just published the first part of a two-part article declaring the music industry dead -- by its own hand. So who killed the record industry as we knew it? "The record companies have created this situation themselves," says Simon Wright, CEO of Virgin Entertainment Group, which operates Virgin Megastores. While there are factors outside of the labels' control -- from the rise of the Internet to the popularity of video games and DVDs -- many in the industry see the last seven years as a series of botched opportunities.And among the biggest, they say, was the labels' failure to address online piracy at the beginning by making peace with the first file-sharing service, Napster. "They left billions and billions of dollars on the table by suing Napster -- that was the moment that the labels killed themselves," says Jeff Kwatinetz, CEO of management company the Firm."The record business had an unbelievable opportunity there. They were all using the same service.It was as if everybody was listening to the same radio station. Then Napster shut down, and all those 30 or 40 million people went to other [file-sharing services]."It all could have been different.
MUSIC - A&R -- The record label A&R position is probably one of the most hectic jobs in the music business. A&R stands for Artists & Repertoire. The main function of a record label A&R is to help their artists creatively while helping the record company financially by signing hit acts and developing them. They are usually music industry professionals that are hired to oversee the entire recording process which includes finding the right songs for their artist, working with the right music producers, finding the right recording studio, etc. A major record label A&R must stay on top of current music industry trends in order to create acts that will do well for the record label that employs them. Even if a record company A&R really likes a band they still may not be able to sign them. Usually it is the head record label A&R that makes the final decisions. The reason why being an A&R can be extremely stressful is because with every act that you sign your job is on the line. Since there is a high rate of failure in the music industry A&R people try to sign artists that are already somewhat established. If an A&R does not prove to the record label that they can generate hit acts they will be let go from the company. Most A&R people were producers, promoters or artists themselves. Basically record label A&R people are hired to present a trustworthy face to artists and musicians. Usually record company A&R people are in their thirties because they are old enough to know what they are doing & young enough to know what the new trend is. If you get signed you better believe that it is just the beginning, there are still a lot of things that could go wrong. Someone at the record label may drop the ball or your record label A&R person may have to deal with flaky or unhappy music producers that aren’t really into the project and are too busy to put their heart in it. You’re A&R must also fight for you to get the attention of the record labels publicity, sales and promotion departments. It definitely takes a lot of work on an A&R person’s part to get a recording artist from signing to being added to radio play lists and having a video on MTV. The recording process for a record label A&R is very intense because they must make sure that there are enough radio friendly songs on the release. If the A&R feels like there are not enough quality songs he / she will have the artist write and record more. source: allmusicindustrycontacts.com
MUSIC & COPYRIGHT - Judge halts RIAA 'illegal' activity Campus campaign stalls in New Mexico by Nick Farrell: 21 June 2007 -- THE RIAA'S CAMPAIGN against students in New Mexico has been stalled after a federal judge forbade the anti-piracy body from getting private data from university networks. The RIAA had put up a case against 16 people it claimed were file sharing. It wanted to use the court's powers to get the university to provide the names and addresses of the file sharers so that it could threaten the students' careers if they didn't cough up several hundreds times more than it is alleged they stole. This strategy has stood the RIAA in good stead for ages, but Judge Lorenzo Garcia is not having any of it. Garcia said that the approach is an abuse of the legal process, as the would-be defendant never gets an opportunity to answer during the John Doe lawsuits or fight the RIAA's subpoenas. The RIAA claimed it would suffer irreparable harm unless immediate discovery was allowed. Judge Garcia said that while the Court does not dispute that infringement of a copyright results in harm, it requires a Coleridgian 'suspension of disbelief' to accept that the harm is irreparable. The RIAA claims that monetary damages can cure any alleged violation which probably means it was pretty repairable after all. Meanwhile the getting the university to hand over a student's data to the RIAA definitely would be harmful to them. Mostly because the RIAA is making the threat to damage their future lives with the data, the Judge said. The judge has ordered the record labels and the University of New Mexico to work out an "appropriate process" to ensure that individual knows a subpoena has been issued and allows those targeted will be able to respond to such requests to protect their own interests. Ars Technica points out that, while it will not stop RIAA prosecutions, the ruling, if adopted elsewhere, could cost the recording industry a bomb. The litigation process will become a lot more expensive and time-consuming for the RIAA, as the John Doe lawsuits would no longer be simple open-and-shut cases.
BOOKS - 2007 Moonbeam Children's Book Awards http://www.moonbeamawards.com/
MUSIC - The Recording Industry Association of America (RIAA) is being sued for extortion by an individual accused of file sharing. 09 jun2007 AP -- Suzy Del Cid alleges that the RIAA is using private investigators who are unlicensed in her state to collect information. She also claims that the organisation is using the court system to extort money, and filing 'John Doe' lawsuits to extract personal information on users. "For a number of years, a group of large, multinational, multi-billion dollar record companies, including these Plaintiffs, have been abusing the Federal court judicial system for the purpose of waging a public relations and public threat campaign targeting digital file sharing activities," the filing reads. "As part of this campaign, these record companies hired unlicensed private investigators - in violation of various state laws - who receive a bounty to invade private computers and private computer networks to obtain information - in the form of IP addresses - allowing them to identify the computers and computer networks that they invaded." Del Cid's filing claims that the RIAA sent out subpoenas without knowing the identity of the file sharer, and then sent in its Settlement Support Center which informs them of the case against them and attempts to reach a financial settlement. She accuses the RIAA of deliberately targeting the "elderly, disabled, technologically clueless and other vulnerable victims" in order to attract media attention. Del Cid is also claiming damages for the organisation's intrusion into her computer. This is not the first time that the RIAA has been sued for its policy over file sharing. Yesterday the organisation dropped its case against Tanya Andersen, a disabled single mother in Oregon, whom it had accused of sharing gangster rap songs. The woman is still pursuing her case against the RIAA.
MUSIC - Justin Timberlake launches record label in joint venture with Interscope (02jun2007 AP) LOS ANGELES -- Justin Timberlake, music star and movie star, is aiming to add another glittering line to his resume -- star maker. The pop singer will sign artists and release their music through a new record label he is heading that is a joint venture with Universal Music Group's Interscope Geffen A&M label group. "We are all excited about the talent we have to offer already on our roster, and I cannot wait to introduce the world to my new discoveries," Timberlake said in a statement issued Monday. Timberlake will serve as chairman and chief executive of the new label, dubbed Tennman Records, which will be based in Los Angeles and distributed globally by Interscope. Financial terms of the deal were not disclosed. Day-to-day operations will be handled by Ken Komisar, a former vice president at Sony BMG Music Entertainment, who was named president at Tennman. Timberlake's first two solo albums -- 2002's "Justified" and last year's "FutureSex/LoveSounds" -- have sold more than 13 million copies combined. He is currently on the big screen, at least his voice is, in the mega-hit "Shrek the Third."
FILM - La Fédération des associations de propriétaires de cinémas du Canada (MPTAC) accueille chaleureusement la décision du gouvernement fédéral de criminaliser l’enregistrement non autorisé de films au Canada. Toronto, ON- 1 juin 2007- La Fédération des associations de propriétaires de cinémas du Canada (MPTAC) a chaleureusement accueilli la décision prise par le gouvernement fédéral de présenter un projet de loi à la Chambre des Communes, le vendredi 1er juin 2007, afin de mettre à l’avant le problème grandissant du piratage au Canada. Cette action, initiée par l’honorable Beverly J. Oda, ministre du Patrimoine canadien et de la Condition féminine, par l’honorable Robert Douglas Nicholson, ministre de la Justice et procurateur général du Canada, ainsi que par l’honorable Maxime Bernier, ministre de l’Industrie, est le premier pas vers la création d’une loi faisant de l’enregistrement non autorisé d’un film dans un cinéma canadien, une offense criminelle. «Nous sommes ravis de cette annonce du gouvernement fédéral qui stipule qu’il souhaite apporter des changements au Code pénal afin d’aider à combattre l’enregistrement illégal des films dans les cinémas canadiens, a déclaré Raffaele Papalia, président de MPTAC. Le gouvernement comprend l’impact significatif et extrêmement négatif que le piratage illégal a eu et continue d’avoir sur l’industrie cinématographique canadienne. Il propose des changements positifs afin de protéger les droits des exposants, réalisateurs, producteurs, directeurs et distributeurs canadiens. Le vol de toute propriété intellectuelle tel l’enregistrement non autorisé de films constitue encore et toujours un vol, peu importe les nouvelles technologies disponibles pour faire de ce crime un crime facile à commettre. Nous espérons que les lois qui seront proposées prendront cet aspect en compte et puniront les coupables. Nous sommes impatients d’entendre les détails concernant le projet de loi ce vendredi.»
À propos de MPTAC -- La Fédération des associations propriétaires de cinémas du Canada (MPTAC) est une association nationale à but non lucratif, représentant les propriétaires de cinéma à travers le pays. Le but de cette association, dont le siège social est basé à Toronto (Ontario) est de transmettre et promouvoir le bien-être de l’exposition du cinéma au Canada.
____________________________________________
This blog is available and distributed for free by the offices of Mark Vinet and Wadem Publishing. Information contained herein should not be relied upon or considered as legal advice. This blog may be forwarded, downloaded or reproduced in whole in any print or electronic format for non-commercial purposes provided that its author is acknowledged and that you cc: mark@markvinet.com © ™ Mark Vinet & Wadem Publishing
Mark Vinet website
MUSIC - Rolling Stone magazine has just published the first part of a two-part article declaring the music industry dead -- by its own hand. So who killed the record industry as we knew it? "The record companies have created this situation themselves," says Simon Wright, CEO of Virgin Entertainment Group, which operates Virgin Megastores. While there are factors outside of the labels' control -- from the rise of the Internet to the popularity of video games and DVDs -- many in the industry see the last seven years as a series of botched opportunities.And among the biggest, they say, was the labels' failure to address online piracy at the beginning by making peace with the first file-sharing service, Napster. "They left billions and billions of dollars on the table by suing Napster -- that was the moment that the labels killed themselves," says Jeff Kwatinetz, CEO of management company the Firm."The record business had an unbelievable opportunity there. They were all using the same service.It was as if everybody was listening to the same radio station. Then Napster shut down, and all those 30 or 40 million people went to other [file-sharing services]."It all could have been different.
MUSIC - A&R -- The record label A&R position is probably one of the most hectic jobs in the music business. A&R stands for Artists & Repertoire. The main function of a record label A&R is to help their artists creatively while helping the record company financially by signing hit acts and developing them. They are usually music industry professionals that are hired to oversee the entire recording process which includes finding the right songs for their artist, working with the right music producers, finding the right recording studio, etc. A major record label A&R must stay on top of current music industry trends in order to create acts that will do well for the record label that employs them. Even if a record company A&R really likes a band they still may not be able to sign them. Usually it is the head record label A&R that makes the final decisions. The reason why being an A&R can be extremely stressful is because with every act that you sign your job is on the line. Since there is a high rate of failure in the music industry A&R people try to sign artists that are already somewhat established. If an A&R does not prove to the record label that they can generate hit acts they will be let go from the company. Most A&R people were producers, promoters or artists themselves. Basically record label A&R people are hired to present a trustworthy face to artists and musicians. Usually record company A&R people are in their thirties because they are old enough to know what they are doing & young enough to know what the new trend is. If you get signed you better believe that it is just the beginning, there are still a lot of things that could go wrong. Someone at the record label may drop the ball or your record label A&R person may have to deal with flaky or unhappy music producers that aren’t really into the project and are too busy to put their heart in it. You’re A&R must also fight for you to get the attention of the record labels publicity, sales and promotion departments. It definitely takes a lot of work on an A&R person’s part to get a recording artist from signing to being added to radio play lists and having a video on MTV. The recording process for a record label A&R is very intense because they must make sure that there are enough radio friendly songs on the release. If the A&R feels like there are not enough quality songs he / she will have the artist write and record more. source: allmusicindustrycontacts.com
MUSIC & COPYRIGHT - Judge halts RIAA 'illegal' activity Campus campaign stalls in New Mexico by Nick Farrell: 21 June 2007 -- THE RIAA'S CAMPAIGN against students in New Mexico has been stalled after a federal judge forbade the anti-piracy body from getting private data from university networks. The RIAA had put up a case against 16 people it claimed were file sharing. It wanted to use the court's powers to get the university to provide the names and addresses of the file sharers so that it could threaten the students' careers if they didn't cough up several hundreds times more than it is alleged they stole. This strategy has stood the RIAA in good stead for ages, but Judge Lorenzo Garcia is not having any of it. Garcia said that the approach is an abuse of the legal process, as the would-be defendant never gets an opportunity to answer during the John Doe lawsuits or fight the RIAA's subpoenas. The RIAA claimed it would suffer irreparable harm unless immediate discovery was allowed. Judge Garcia said that while the Court does not dispute that infringement of a copyright results in harm, it requires a Coleridgian 'suspension of disbelief' to accept that the harm is irreparable. The RIAA claims that monetary damages can cure any alleged violation which probably means it was pretty repairable after all. Meanwhile the getting the university to hand over a student's data to the RIAA definitely would be harmful to them. Mostly because the RIAA is making the threat to damage their future lives with the data, the Judge said. The judge has ordered the record labels and the University of New Mexico to work out an "appropriate process" to ensure that individual knows a subpoena has been issued and allows those targeted will be able to respond to such requests to protect their own interests. Ars Technica points out that, while it will not stop RIAA prosecutions, the ruling, if adopted elsewhere, could cost the recording industry a bomb. The litigation process will become a lot more expensive and time-consuming for the RIAA, as the John Doe lawsuits would no longer be simple open-and-shut cases.
BOOKS - 2007 Moonbeam Children's Book Awards http://www.moonbeamawards.com/
MUSIC - The Recording Industry Association of America (RIAA) is being sued for extortion by an individual accused of file sharing. 09 jun2007 AP -- Suzy Del Cid alleges that the RIAA is using private investigators who are unlicensed in her state to collect information. She also claims that the organisation is using the court system to extort money, and filing 'John Doe' lawsuits to extract personal information on users. "For a number of years, a group of large, multinational, multi-billion dollar record companies, including these Plaintiffs, have been abusing the Federal court judicial system for the purpose of waging a public relations and public threat campaign targeting digital file sharing activities," the filing reads. "As part of this campaign, these record companies hired unlicensed private investigators - in violation of various state laws - who receive a bounty to invade private computers and private computer networks to obtain information - in the form of IP addresses - allowing them to identify the computers and computer networks that they invaded." Del Cid's filing claims that the RIAA sent out subpoenas without knowing the identity of the file sharer, and then sent in its Settlement Support Center which informs them of the case against them and attempts to reach a financial settlement. She accuses the RIAA of deliberately targeting the "elderly, disabled, technologically clueless and other vulnerable victims" in order to attract media attention. Del Cid is also claiming damages for the organisation's intrusion into her computer. This is not the first time that the RIAA has been sued for its policy over file sharing. Yesterday the organisation dropped its case against Tanya Andersen, a disabled single mother in Oregon, whom it had accused of sharing gangster rap songs. The woman is still pursuing her case against the RIAA.
MUSIC - Justin Timberlake launches record label in joint venture with Interscope (02jun2007 AP) LOS ANGELES -- Justin Timberlake, music star and movie star, is aiming to add another glittering line to his resume -- star maker. The pop singer will sign artists and release their music through a new record label he is heading that is a joint venture with Universal Music Group's Interscope Geffen A&M label group. "We are all excited about the talent we have to offer already on our roster, and I cannot wait to introduce the world to my new discoveries," Timberlake said in a statement issued Monday. Timberlake will serve as chairman and chief executive of the new label, dubbed Tennman Records, which will be based in Los Angeles and distributed globally by Interscope. Financial terms of the deal were not disclosed. Day-to-day operations will be handled by Ken Komisar, a former vice president at Sony BMG Music Entertainment, who was named president at Tennman. Timberlake's first two solo albums -- 2002's "Justified" and last year's "FutureSex/LoveSounds" -- have sold more than 13 million copies combined. He is currently on the big screen, at least his voice is, in the mega-hit "Shrek the Third."
FILM - La Fédération des associations de propriétaires de cinémas du Canada (MPTAC) accueille chaleureusement la décision du gouvernement fédéral de criminaliser l’enregistrement non autorisé de films au Canada. Toronto, ON- 1 juin 2007- La Fédération des associations de propriétaires de cinémas du Canada (MPTAC) a chaleureusement accueilli la décision prise par le gouvernement fédéral de présenter un projet de loi à la Chambre des Communes, le vendredi 1er juin 2007, afin de mettre à l’avant le problème grandissant du piratage au Canada. Cette action, initiée par l’honorable Beverly J. Oda, ministre du Patrimoine canadien et de la Condition féminine, par l’honorable Robert Douglas Nicholson, ministre de la Justice et procurateur général du Canada, ainsi que par l’honorable Maxime Bernier, ministre de l’Industrie, est le premier pas vers la création d’une loi faisant de l’enregistrement non autorisé d’un film dans un cinéma canadien, une offense criminelle. «Nous sommes ravis de cette annonce du gouvernement fédéral qui stipule qu’il souhaite apporter des changements au Code pénal afin d’aider à combattre l’enregistrement illégal des films dans les cinémas canadiens, a déclaré Raffaele Papalia, président de MPTAC. Le gouvernement comprend l’impact significatif et extrêmement négatif que le piratage illégal a eu et continue d’avoir sur l’industrie cinématographique canadienne. Il propose des changements positifs afin de protéger les droits des exposants, réalisateurs, producteurs, directeurs et distributeurs canadiens. Le vol de toute propriété intellectuelle tel l’enregistrement non autorisé de films constitue encore et toujours un vol, peu importe les nouvelles technologies disponibles pour faire de ce crime un crime facile à commettre. Nous espérons que les lois qui seront proposées prendront cet aspect en compte et puniront les coupables. Nous sommes impatients d’entendre les détails concernant le projet de loi ce vendredi.»
À propos de MPTAC -- La Fédération des associations propriétaires de cinémas du Canada (MPTAC) est une association nationale à but non lucratif, représentant les propriétaires de cinéma à travers le pays. Le but de cette association, dont le siège social est basé à Toronto (Ontario) est de transmettre et promouvoir le bien-être de l’exposition du cinéma au Canada.
____________________________________________
This blog is available and distributed for free by the offices of Mark Vinet and Wadem Publishing. Information contained herein should not be relied upon or considered as legal advice. This blog may be forwarded, downloaded or reproduced in whole in any print or electronic format for non-commercial purposes provided that its author is acknowledged and that you cc: mark@markvinet.com © ™ Mark Vinet & Wadem Publishing
