Industry Letter to USTR re NAFTA Reform

Music Technology Policy

A music industry coalition has written to USTR Bob Lighthizer on the issue: January 22, 2018. Dear Ambassador Lighthizer: On behalf of the North American music community, we are writing to express our united resolve that strong copyright protection for creative industries be central to the North American Free Trade Agreement (“NAFTA”) modernization agenda. Our economic contributions depend on the protection of our industry’s creative content through copyright.

Copyright owners and advocates appeal to Obama; hail economic value of creative industries

Copyrights & Campaigns

A coalition of copyright owners, unions, trade associations, and think tanks has written a letter to President Obama, hailing the value of IP-dependent industries in creating jobs and "driv[ing] innovation and creativity" in this troubled economy. Research by Public Policy Professor Richard Florida concluded that the creative industries, including copyright and patent industries, employ 38 million U.S.

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Bunk about “Fair Use Industries” from the CCIA: What do Derek Jeter, Tom Adams and Ari Emanuel have in common?

Music Technology Policy

Now that the WIPO and OAS report on the economic contributions of copyright has been released, the Computer & Communications Industry Association (of which Google is a dominant member) is recirculating one of those greenhouse studies that comes with more than the usual ration of gas: “ Fair Use in the U.S. Economy: Economic Contribution of Industries Relying on Fair Use.” economy from the fair use defense should be limited to the economic benefit from fair use?

Quantum Mechanics

DealFatigue

So, it’s difficult for them, let alone a whole industry to shake the mindset that the current ecology of the business will continue to be bleak forever. The next 2-3 years will be even worse, not because of the flood of new releases, since that is already abating, but rather due to the effect the over saturation has had combined with the economic downturn. Despite all of the self-help books preaching the contrary, people have a hard time living outside the moment.

Equity 100

Quantum Mechanics

DealFatigue

So, it’s difficult for them, let alone a whole industry to shake the mindset that the current ecology of the business will continue to be bleak forever. The next 2-3 years will be even worse, not because of the flood of new releases, since that is already abating, but rather due to the effect the over saturation has had combined with the economic downturn. Despite all of the self-help books preaching the contrary, people have a hard time living outside the moment.

Equity 100

Quantum Mechanics

DealFatigue

So, it’s difficult for them, let alone a whole industry to shake the mindset that the current ecology of the business will continue to be bleak forever. The next 2-3 years will be even worse, not because of the flood of new releases, since that is already abating, but rather due to the effect the over saturation has had combined with the economic downturn. Despite all of the self-help books preaching the contrary, people have a hard time living outside the moment.

Equity 100

Quantum Mechanics

DealFatigue

So, it’s difficult for them, let alone a whole industry to shake the mindset that the current ecology of the business will continue to be bleak forever. The next 2-3 years will be even worse, not because of the flood of new releases, since that is already abating, but rather due to the effect the over saturation has had combined with the economic downturn. Despite all of the self-help books preaching the contrary, people have a hard time living outside the moment.

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DGA to Negotiate on SAG & AFTRA's Heels

Digital Media Law

The Directors Guild announced on its website today that it will begin negotiations with the AMPTP (studio alliance) in mid-November, which is immediately after the scheduled end of 45 days of negotiation between the AMPTP and SAG (Screen Actors Guild) & AFTRA (a smaller performers union). Tags: Labor Unions AFTRA guild DGA AMPTP SAG

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Leading Music and Film Organizations Call on Congress to Fix Safety Net in New CARES Act

Music Technology Policy

The letter lays out in stark terms the crisis that the live entertainment industry is facing due to the pandemic. “We We need help that only [Congress] can provide, in a way that recognizes the particulars of our industry. The letter also describes concerns about the Paycheck Protection Program and the Economic Injury Disaster Loan program that were included in the first CARES Act. There is no sugarcoating this: the entire live entertainment industry has been decimated.

#irespectmusic: House Judiciary Voting Today on HR 1695 the Register of Copyrights Selection and Accountability Act

Music Technology Policy

American Federation of Labor and Congress of Industrial Organizations (AFL-CIO). Authors Guild. Directors Guild of America (DGA). Graphic Artists Guild. International Center for Law & Economics. Recording Industry Association of America (RIAA). Screen Actors Guild and the American Federation of Television and Radio Artists (SAG-AFTRA). Software and Information Industry Association (SIIA).

SAG Rejects Studio Offer; Back to Stalemate

Digital Media Law

By a vote of 73% to 27%, the Screen Actors Guild board of directors voted Saturday to reject the studios’ most recent offer, which the studio alliance, the AMPTP, had delivered two days earlier. That agreement is SAG’s second most important contract economically. SAG wants the contract to expire June 30, 2011, which would put in synch with AFTRA and just a couple months later than the Writers Guild.

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ENTERTAINMENT NEWS: ANOTHER STRIKE BREWING?

Entertainment Litigation Blog

The Screen Actors Guild and the Alliance of Motion Picture and Television Producers have reportedly reached an impasse in their negotiations for a new collective bargaining agreement to replace the previous agreement, which expired at 12:01 a.m. For its part, SAG has acknowledged that the studios' final proposal is "generally consistent" with the agreements that the studios brokered with other guilds, including SAG's sister union, the American Federation of Television and Radio Artists.

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@thetrichordist: Coalition of Songwriter Groups Call on Copyright Royalty Board for Fairness and Transparency on Frozen Mechanicals

Music Technology Policy

This proposal (and related industry agreements yet to be disclosed by the parties— see, [link] ) should neither be acted upon nor accepted by the CRB without the opportunity for public comment, especially by members of the broad community of music creators for whom it is financially unfeasible to participate in these proceedings as interested parties. Nevertheless, the recording industry now seeks to repeat that history by freezing the 9.1

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Hollywood Labor’s Long-Term Future: More Unrest

Digital Media Law

Will this be the beginning of a new era of labor peace in the industry? That means that a scant two years from now, when negotiations for 2011 renewals of the guild and union contracts begin, negotiators will be challenged with even newer forms of “new media,” new business models, and new economic realities. That has toxic consequences for the entertainment industry’s labor relations, including, notably, an increased risk of strikes, stalemates and slowdowns.

Hollywood Breathes a sigh of relief (sort-of)

Gordon P. Firemark

The Screen Actors Guild and the Alliance of Motion Picture and Television Producers seem to have worked out their differences over the weekend, bringing 10 months of negotiations and venomous rhetoric to an end. One has to wonder how much pressure was applied by leadership of the other industry unions.

SAG TV/Theatrical Contract Ratified Overwhelmingly, 78%-22%

Digital Media Law

In a stunning defeat for the hardline Membership First faction, SAG's TV/theatrical contract passed overwhelmingly, by a 78%-22% margin (almost 4 to 1), those numbers according to the guild. Variety first reported the story, prior to the guild's announcement, with a 1% difference in the numbers. percent returned them – a return that is above average compared with typical referenda on Screen Actors Guild contracts.

"Hollywood on Strike!" Book Available Soon

Digital Media Law

An Industry at War in the Internet Age” will be out in just a few weeks. The Writers Guild went on strike in 2007. The strike was settled one hundred turbulent days later – but then the Screen Actors Guild spiraled out of control, unwilling to accept the same terms but unable to muster a second strike. Handel is a uniquely qualified guide: a former associate counsel at the Writers Guild, his law practice at TroyGould focuses on new media and entertainment.

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JLH on UCLA Panel re Labor

Digital Media Law

Here's the panel: 10:15 AM - 11:30: Studio and Labor Relations in 2015 Moderator: Arnold Peter (Partner, Raskin Peter LLP) * Mike Farrell (Actor, M*A*S*H, Providence) * Jonathan Handel (Attorney, TroyGould Attorneys) * Patric Verrone (President, Writers Guild of America, West) * Sallie Weaver (Founder, Entertainment Labor Consulting, Inc.) As digital technology becomes more pervasive, companies from all arenas of the entertainment industry are embracing a culture of convergence.

SAG Board Approves Studio Deal

Digital Media Law

Although the deal is expected to be ratified, it won’t achieve the over 90% thumbs-up that the Writers Guild deal did last year. If you work in tech, check out my new book How to Write LOIs and Term Sheets. ——————— SCREEN ACTORS GUILD NATIONAL BOARD OF DIRECTORS APPROVES TENTATIVE TELEVISION AND MOTION PICTURE CONTRACTS AND RECOMMENDS RATIFICATION Los Angeles (April 19, 2009) – The Screen Actors Guild National Board of Directors today voted 53.38

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Attention @USTradeRep: Songwriters and Publishers Call on Canadian Parliament to Ratify the Canada-U.S.-Mexico Agreement to Close Copyright Loophole

Music Technology Policy

So the Songwriters Association of Canada, the Screen Composers Guild of Canada and publishers posted this open letter. A forward-looking, digitally attuned copyright regime will foster Canadian innovation, investment, and growth in a key economic sector for our great country.

SAG’s Strange Voyage

Digital Media Law

Where did the Screen Actors Guild go? After months of news—a near daily barrage covered diligently by various journalists and citizen-journalists, including this author—the guild fell off the radar screen. The hardliners, who at the time controlled the guild, should have foreseen this result, and its effect, which was to reduce not AFTRA’s power but SAG’s. The union is riven not only by factionalism but by economic and geographic divisions as well.

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Is SAG Becoming Irrelevant?

Digital Media Law

The Screen Actors Guild is besieged by bad news, and thanks to the misguided strategies of the previously-dominant hard-line faction, the union may be slipping towards irrelevance. The article quotes studio sources who say the reason for the change is primarily the turmoil and uncertainty surrounding SAG, and the possibility that existed until recently that the Guild might strike.

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Guest Post by Stephen Hollis: South Africa Creative Sectors Petition SA President on Copyright Bill

Music Technology Policy

In what will undoubtedly be recognized as a watershed moment for South Africa’s creative sectors, a broadly representative group of investors, stakeholders and trade and industry associations representing the whole spectrum of our creative industries petitioned President Ramaphosa not to sign the controversial Copyright Amendment Bill into law. RiSA – Recording Industry of South Africa. WGSA – Writers Guild of South Africa.

More Bunk from the CCIA: What do Derek Jeter, Tom Adams and Ari Emanuel have in common?

Music Technology Policy

Now that the WIPO and OAS report on the economic contributions of copyright has been released, the Computer & Communications Industry Association (of which Google is a dominant member) is recirculating one of those greenhouse studies that comes with more than the usual ration of gas: “ Fair Use in the U.S. Economy: Economic Contribution of Industries Relying on Fair Use.” economy from the fair use defense should be limited to the economic benefit from fair use?

SAG-AFTRA Ad Deal Done

Digital Media Law

SAG and AFTRA jointly reached a deal late last night with the advertising industry, retaining the current lucrative compensation structure for broadcast network commercials, and largely resisting the industry’s attempt to reduce pension and health contributions. The industry’s chief negotiator, Doug Wood, had a different perspective: “neither side won or lost,” he said in an interview; rather, the deal was “fair on both sides.” McGuire, Screen Actors Guild Chief Negotiator.

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ENTERTAINMENT NEWS: FORCE MAJEURE CLAUSES WREAK HAVOC ON TALENT DEALS

Entertainment Litigation Blog

And by now, the industry custom embraces the concept that guild actions such as the ongoing WGA strike falls within the standard "force majeure" definition in industry agreements. Industry agreements generally provide for a remedy in the event of "force majeure" for the producer/studio or the talent or both. And while blogging about strategies and machinations is interesting, the economic toll on those who are caught up in this tussle cannot be forgotten.

SAG & The Studios: What Are They Fighting Over?

Digital Media Law

Representatives of both SAG and the AMPTP, as well as the other guilds and unions, are on my email list, so all of them are aware of the piece. The studios respond by pointing to the same or similar provision in the new media deal accepted by the Directors Guild, Writers Guild, the smaller AFTRA actors union (in two separate deals), and the IATSE union (which covers technical and craft workers, i.e., crew members). So, “move over” reuse is a real economic issue.

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Hollywood Labor: SAG Source Says a Strike Unlikely, Joint SAG-AFTRA Bargaining Likely; and the Year Ahead

Digital Media Law

Regarding information sharing, by the way, SAG may have an opportunity to review information from other guilds in addition to what the producers supply, as the source told me that SAG president Ken Howard has had conversations with the presidents of other guilds/unions and hopes that all will share information. (2) It’s clear that the AMPTP would want any increase for SAG wage rates to be paid for by SAG foregoing another economic priority.

The Future for Television: More Google Union-Busting

Music Technology Policy

The American Federation of Musicians, the American Federation of Television and Radio Artists, the Directors Guild of America, the International Alliance of Theatrical and Stage Employees and the Screen Actors Guild. (Net So speaking of thugs, why would Google have its henchmen start a union busting campaign in the entertainment industry, particularly the television business? Note the absence of the interest of workers in the industry in the equation in that last line.

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Actors Commercials Negotiations Deteriorate

Digital Media Law

Though it gets less play than the stalled SAG TV/theatrical talks , SAG and AFTRA have been jointly negotiating for several weeks with the advertising industry over the commercials contract. That contract is SAG’s second most important, economically, and represents hundreds of millions of dollars per year to SAG alone (I don’t have the AFTRA figures). On another economic front, the recession has decreased the value of pension plan and individual retirement assets everywhere.

And Speaking of Black Box…ISP Licensing is the Original Black Box

Music Technology Policy

An opposing view (in which I am cited): Andrey Spektor, How “Choruss” Can Turn Into a Cacophony: The Record Industry’s Stranglehold on the Future of Music Business, XVI Rich. Here’s an opinion piece I wrote about Choruss with my friend and long-time songwriter advocate Rick Carnes, President of the Songwriters Guild of America, that should give you a pretty good idea. (The

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The Return of Orphan Works: A Review of the 2008 Shawn Bentley Orphan Works Act Part 1

Music Technology Policy

The late Shawn Bentley was a tech industry lobbyist and former Senate Judiciary staff counsel.) These appear to be the same person. Google announced a deal with certain libraries on December 14, 2004 and were sued by the Authors Guild on September 20, 2005. Economic Effects on Small Business and Legal Effects of Treaty Partners. Why Perform an Economic Impact Study?

SAG: No Good Reason to Strike

Digital Media Law

SAG Statement : “Will a SAG TV/Theatrical strike ‘shut down the Industry?’ This statement attempts to imply that a strike would not cause pain to the industry—yet, a strike is useless unless it causes pain. The writers strike cost the industry $25 million per day, and there’s no reason to believe a SAG strike would be any less devastating. The email goes on to say that “jobs in commercials, basic cable, video games and industrials would continue during a TV/Theatrical strike.”

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The Future for Television or Google Wants to Burn Your Remote: More Google Union-Busting

Music Technology Policy

The American Federation of Musicians, the American Federation of Television and Radio Artists, the Directors Guild of America, the International Alliance of Theatrical and Stage Employees and the Screen Actors Guild. (Net So speaking of thugs, why would Google have its henchmen start a union busting campaign in the entertainment industry, particularly the television business? Note the absence of the interest of workers in the industry in the equation in that last line.

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Artist Rights are Human Rights

Music Technology Policy

Of course, these “don’t be moral” attacks are not limited to the music industry alone; it’s just that the music industry got theirs first. These rights resonate in a number of international and national documents, but a good international agreement to consider first is the International Covenant on Economic, Social and Cultural Rights that was ratified by the United Nations General Assembly on December 16, 1966.

SAG-Studio Pregame Report

Digital Media Law

It’s not going to be sent out anytime soon, but if the studios were to be completely intransigent and not negotiate at all, they could crystallize opposition even among the moderates and unite the Guild leadership around a strike authorization. the studios might insist on revising it—because the Guild agreements usually have three-year terms. Note to non-entertainment industry people: This is about raises for actors who are making the minimum union wage.

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The Return of Orphan Works: A Review of the 2008 Shawn Bentley Orphan Works Act Part 1

Music Technology Policy

The late Shawn Bentley was a tech industry lobbyist and former Senate Judiciary staff counsel.) These appear to be the same person. Google announced a deal with certain libraries on December 14, 2004 and were sued by the Authors Guild on September 20, 2005. Economic Effects on Small Business and Legal Effects of Treaty Partners. Why Perform an Economic Impact Study?

Artist Rights are Human Rights

Music Technology Policy

Of course, these “don’t be moral” attacks are not limited to the music industry alone; it’s just that the music industry got theirs first. These rights resonate in a number of international and national documents, but a good international agreement to consider first is the International Covenant on Economic, Social and Cultural Rights that was ratified by the United Nations General Assembly on December 16, 1966. by Chris Castle. December 10 is International Human Rights Day.

Artist's Rights are Human Rights

Music Technology Policy

Of course, these “don’t be moral” attacks are not limited to the music industry alone; it’s just that the music industry got theirs first. These rights resonate in a number of international and national documents, but a good international agreement to consider first is the International Covenant on Economic, Social and Cultural Rights that was ratified by the United Nations General Assembly on December 16, 1966.

From MTPM: The Big Picture: Establishing Market Rules Online with the.music gTLD

Music Technology Policy

When it comes to dealing with big problems in an economic market like the music business, using the word “solving” is something of a misnomer. Industry Response to ICANN. A coalition of 15 international music industry organizations have concerns about a.music top level domain, some of which are.

The Attack of the Unholy Alliance

Music Technology Policy

This unholy alliance is a serious economic attack—large commercial interests that are global, well funded (often from the public markets) and cagey. This problem is not just about “Hollywood” or Prada handbags—it concerns the value of many industries, small businesses and jobs to be protected by Protect IP, Stop Online Piracy Act, the Commercial Felony Streaming legislation and ICE, as well as our bedrock economic principles.

Indie Studio Combine Announced

Thompson On Hollywood

The New York-based venture, guided by seasoned industry consultants and an experienced advisory board, embraces a transparent and unlevered business model that combines the best features of major studios with the cost efficiencies of independent film. This “new” film financing model contains a core value that is very appealing to investors, and unique to the industry – investors’ return will be based on all the revenue streams of the company, including distribution fees and exit value.

The MTP Interview: Randy Himes of the American Federation of Radio and Television Artists

Music Technology Policy

AFTRA is part of the coalition of labor unions and guilds (including the AFL-CIO) supporting rogue sites legislation in the US Congress]. There are two principle unions in the music industry, the American Federation of Musicians (“ AFM “) and the American Federation of Radio & Television Artists (“ AFTRA “). Tommy had ties to Johnny Cash and people in the Nashville Music Industry. [This post first appeared on MTP in 2009.

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