>"In November 2014, SoundCloud closed a deal with Warner Music Group, giving the label an undisclosed cut of revenue from ads, a 3%–5% stake in the company and protection against past copyright infringement from the label."
This sounds like terms dictated by the Mob. It's quite telling that the deal also conferred ownership on a content holder in order to be able to license and pay handsomely for their content. This is only one of the big 4 they were negotiating with too. By the time they get done negotiation with the other 3 they would have likely given up 15% of the company. Note the big 4 all have stakes in Spotify as well[1].
At any rate I think this should have been a sign that they were going down the wrong path. Propping up these labels and hitching your wagon to them, only to have to constantly renegotiate your deal with them every couple of years seems contra to a platform that gave artists direct access to music fans without the middle man.
Yep, I remember this. I used to use SoundCloud for everything. I built a following, a reputation, and then SoundCloud tried to commit suicide. They signed this stupid deal, they removed groups, and they tried to shove Soundcloud Go down everyone's throats. I think all 3 oysf those things are related, despite PR claiming (vaguely) otherwise.
I've been paying SoundCloud for years. They had a business model. I use(d) SoundCloud because everything on SoundCloud sounded different than everywhere else.
There is so much content on SoundCloud, and they've been doing their best to bury it under tracks that I can find on Spotify. Back in the good old days, when SoundCloud was small enough to have advanced search (because they were still using postgres on the back end), I remember searching for Balkan Swing Electro, and there was a ton of it. There is no way for me to discover new things like that any more because groups are gone, search sucks, tags aren't freeform, and SoundCloud wants to be Spotify. SoundCloud owned the long tail of music, you could find everything that didn't sound like Justin Bieber making a remix with Diplo and Wiz Khalifa, and very little that did. I'm eagerly awaiting the next company that wants to own the long tail of music.
The simple fact is that copyright protections are far too strong. The copyright cartel doesn't need a shady network of 400 pound men to enforce their schemes; they just use the U.S. Attorney's office instead.
How many bright technical entrepreneurs have been crushed by rent-seekers milking the royalties out of a 40-year-old track? Copyright has completely lost the plot. We need to rein it in, with the awareness that this will be no small task, as it amounts to taking away a license to print money from some of the largest companies in the world.
Well the copyright of the of recording is there to protect the record label's investment. They aren't going to finance a record and it's promotion if someone else can come along and also release the same recording and collect money for it. That was always the plot.
That being said artists don't have to sign contracts with record labels if they don't want. With technology and the internet it is possible today more than at any point in history to successfully release and promote your music without a record label. I thought this was the great promise of platforms like Soundcloud. If an artist decides they need the marketing muscle of a record label they can license their recordings to a record label and retain the recording copyright. I really believe this is the future: See:
Huh? There's two copyrights - the copyright for the physical recording which is now 35 years and there is the songwriter copyright which is country by country but generally 50 to 70 years. The latter favor the artists so that they can receive royalties for their lifetime. Without that the songs would fall into the public domain while they artists was likely still alive. See:
>"That was the case for centuries. Why is that such a bad thing?"
For centuries? Given that commercial recordings weren't widely available until the end of the 18th century I am not sure where you are getting this from.
You are mixing different things - there is a songwriter copyright and the recording copy right.
A song being in the public domain(the expire of the songwriters copyright) doesn't mean you get to use the recording however you see fit. It means you can use the song as in record the song yourself and not pay royalties to Elvis's estate or whoever actually authored the song.
The terms of the recording copyright determine who owns the physical recording. Often after a number of years these can revert back to the original performer. This is known as a "reversion." Upon a reversion the original performer can then license the original recording as they please - as reissues, for inclusion on compilations etc. This is why you can't upload an Elvis song to youtube - because Elvis Presley Enterprises own the recording.
I actually didn't know about recapture rights, so thanks for sharing that. It is nice that such a compromise was thrown in there, though it's not clear to me that the copyright cartels would take such attempts lying down. The legislation's requirements for recapture are not only fairly involved, but there seem to be several provisions that could become the center of a protracted legal case.
It's one thing to have legal rights; it's another to get people to actually comply with them, and the odds in court of a One-Hit Wonder from 1982 against a big record conglomerate don't seem too favorable, especially when the alternative is to continue collecting a royalty check.
There are a lot of points of inflection for a copyright broker like a label to jump in and attempt to run down the other party's legal war chest (a technique commonly practiced by large companies).
>Well the copyright of the of recording is there to protect the record label's investment. They aren't going to finance a record and it's promotion if someone else can come along and also release the same recording and collect money for it. That was always the plot.
The plot is as defined in the U.S. Constitution:
To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.
Today, the copyright regime stifles the progress of science and useful arts by cloistering our cultural, scientific, and creative heritage into the pockets of a few big corporations for a virtually unlimited period of time (the effective goal being "forever minus one day", as Jack Valenti put it).
Science and the useful arts are promoted by allowing rightsholders the opportunity to make a decent living out of their work for a while. They're not promoted by allowing rightsholders to make one popular thing in their 20s, live off royalties for the next 60 years, and then enable their posterity to be three or four generations of moochers for the remaining 60+ years left in the copyright.
We want to reward work, but not so much that creative people, let alone entire generations of their offspring, are deprived of the ongoing incentive to contribute. "Necessity is the mother of invention", after all.
Progress is not promoted by locking up cultural icons in impenetrable boxes. We're more concerned about a company's brand image than we are about free discourse or historical records.
Progress is not promoted by raining the force of the American government down on hackers and engineers who build communication systems that make copyright difficult to enforce, or by using arcane legal mechanisms like the CFAA and the RAM Copy doctrine to prevent developers from spidering the web.
I am all for allowing companies to profit, I'm a capitalist. But we need not take that narrative to its extreme and assume that we must allow corporations whatever is best for their bottom line without consideration to the larger social, cultural, and economic concerns at hand. People are creative and will find plenty of ways to cope with revised copyright laws. Remember, the primary goal of copyright is NOT to be a dollar-printing machine in the rock star's basement, but rather to promote the progress of science and useful arts, and we should structure things to ensure that is happening.
Copyright as it exists now primarily functions to serve corporate profiteers. The public only accepts it because it doesn't understand how draconian it gets, since most of the time their in-the-course-of-daily-life-infringements don't result in a lawsuit. We need to fix that.
Nobody is forcing artists to sign bad deals with record companies though. I am no way defending record companies here but it seems kind of silly to make a deal with the devil and then complain about the terms afterwards. Anyone is free to try to negotiate for things like reversions and there is no such thing as a standard record deal. Artists such as REM, Metallica and Prince have all famously done negotiated reversions way before the 35 years.
The US is actually unique in that reversion is non-assignable, so an artist can't give up the right to receiving their music back even if they wanted to give it up.
The UK isn't nearly as kind in this regard. Duran Duran were recently prohibited by an English court from claiming their reversions in the US. See:
Can you actually tell me about a bright technical entrepreneur who has been crushed? Why did they form a business distributing somebody else's product if they couldn't pay for it?
Something is old so now you can’t own it? Does a 40 year old house suddenly become public domain just because people like to visit? If you made something, you and your heirs have a right to that, it doesn’t just get confiscated because it’s popular. Some of Bob Dylan’s songs are over 50 years old; does that mean he shouldn’t own the stuff he created? That is just theft. Nobody has a “right” to anything I create unless I say so.
Songs aren't physical things; they are ideas. And you cannot own ideas. Allowing people to own it in the first place was a compromise by the commons so people could make some money from creating things by owning it for a short time. The copyright extensions have stolen these ideas from the commons.
>"Songs aren't physical things; they are ideas. And you cannot own ideas."
No a song is not an "idea", it is piece of work that someone produced. And a recording of that is very much a physical thing. Why shouldn't the creator of that be allowed to own it?
A song in this context is not an "idea". They are a recording made by skilled technicians of a performance by skilled musicians. Creating a recording of a song that people want to listen to requires a lot of professionals who deserve compensation.
Thankfully society gave the world a legal system. Now when a business distributes music belonging to another business, compensation through the courts can be pursued in cases of piracy.
Please be more specific of their need and I'll do my best to twist an answer around. In the mean time, I'll continue to feed my family using the modest wage I make mastering records that so many people think are just magic ideas that float in the air with no value.
That is not how intellectual goods work. They require their own class of property laws called "intellectual property" precisely because they are different from real property.
Real property provides the basic needs of human life, and any single parcel or space can only be occupied or used by a single entity at a time. It exists in time and space as a physical good. Persons and families are entitled to protect this property, with force if necessary, because they depend on it for their ongoing maintenance and habitation.
Real property laws provide structure to our approach to real property so that we can live in a neighborly civilization instead of a smattering of independent militarized tribes.
Intellectual property, on the other hand, exists in an abstract, non-physical space. The same intellectual content can exist with perfect fidelity in an unlimited number of minds, and because intellectual goods are not subject to physical laws of space and time, they can be shared and utilized fully and simultaneously by everyone capable of processing and storing them.
This free-flowing nature makes intellectual goods extremely powerful, but it also gives them limited economic utility, because the supply is very hard to constrain. This was true in the past, and it's 1000x truer with the advent of the internet, which allows us to transfer intellectual goods practically anywhere in the world perfectly, exactly, and instantaneously. Now you don't even need to stay on good terms with the neighborhood sage for access to the treasure trove of intellectual goods!
Disembodied intellectual goods are useful, but they are not necessary for survival, and thus it is rarely if ever justified to use force in the "defense" of them. This is very different from real property, which must be reserved and defended to ensure survival.
To the extent that we do decide to use force to "defend" such goods, we should tread lightly. The analog to real property is very weak indeed.
Copyright essentially injects the government as a middleman into a voluntary and free market transaction, and says "I know you THINK you want that, but we aren't going to allow you to buy it from him, because we say someone else deserves the money more than him". Such interjections are another area where we should tread very lightly, and in recent decades, we have done anything but.
Our current iteration of copyright-gone-amok constrains our speech and does a great deal of damage that no one with an audience is willing to talk about, because they're all too busy enjoying the money stream from it to comment on its destructive consequences.
Language like "perfect fidelity in an unlimited number of minds" just doesn't add up in my head. Nobody can reproduce the sound of a recording in their mind without listening to a tape/record/cd/file of it.
How is your speech being constrained by a record label anyways? A recording of a performance belongs to the creators of that recording. You don't have the right to reproduce it without paying them. That's that. It has nothing to do with your speech and everything to do with people in the entertainment industry getting paid for their work.
This sounds like terms dictated by the Mob. It's quite telling that the deal also conferred ownership on a content holder in order to be able to license and pay handsomely for their content. This is only one of the big 4 they were negotiating with too. By the time they get done negotiation with the other 3 they would have likely given up 15% of the company. Note the big 4 all have stakes in Spotify as well[1].
At any rate I think this should have been a sign that they were going down the wrong path. Propping up these labels and hitching your wagon to them, only to have to constantly renegotiate your deal with them every couple of years seems contra to a platform that gave artists direct access to music fans without the middle man.
[1] http://www.swedishwire.com/jobs/680-record-labels-part-owner...