Current Insight Community Cases

Essential Datacenter Tips On Application Performance Monitoring

The Importance Of Skilled Immigrants To The American Economy

Help A New Kind of Music Label Revolutionize The Industry

Mandates To Buy American Should Be More Carefully Considered

Navigating The New Business World After This Recession

Shut Us Up

-- For Only $100 Million

Brought to you by Floor64 and the Techdirt crew.

stories filed under: "performance"
Culture

Culture

by Mike Masnick


Filed Under:
collections, music, performance, singing, uk

Companies:
prs



PRS's Latest Trick: Demanding Money From Shop Assistant Who Was Singing At Work

from the performance-fees dept

Sometimes, these collection societies write the jokes themselves, it seems. PRS, the music collection society in the UK, famous for going way over the line in demanding money from people (remember the time it demanded a woman pay up for playing music for her horses? Or how it calls small businesses and if they hear any music in the background, demand payment?), has done it again. It threatened a shop assistant for singing out loud (public performance!) while stacking the grocery shelves, demanding she pay £1,000 for the privilege. Of course, why was she singing? Because PRS had already threatened the owner for having a radio -- so he got rid of the radio.

Of course, as with the horse debacle, once PRS realized the PR nightmare it had created for itself, it apologized (and sent some flowers). But, that hardly makes the situation better. Why is PRS demanding such things in the first place? Given the long trail of similar examples, this isn't just some random one-off accident. It's basically how PRS operates. And that's because it's structured its business so that its "investigators" aren't really "investigators" at all, but sales people. They have every incentive to get as many companies to pay up as possible, no matter if there's any real performance at issue.

On top of that, the very fact that PRS forced this shopowner to take away his radio should show how backwards and braindead PRS's strategy is. The radio in the shop isn't a "public performance." It's not the reason people go to the shop. But it did help promote the musicians PRS supposedly represents. Not any more. Musicians in the UK should be furious at PRS for making it more difficult to get their music heard, let alone for threatening someone for singing while stocking the shelves.

47 Comments | Leave a Comment..

 
Culture

Culture

by Mike Masnick


Filed Under:
collection society, embeds, netherlands, performance, youtube videos

Companies:
buma/stemra



Dutch Collection Society Backs Down Slightly On Video Embeds

from the but-not-really dept

Dennis Laumen alerts us to an update on the story concerning Dutch music collection society Buma/Stemra's plan to charge bloggers for embedding YouTube videos on their site. After the story got lots of publicity, Buma appears to have backed down ever so slightly, saying that "amateur" bloggers are off the hook. But, the definition of "amateur" is basically only if you don't have any ads. Put up some Google AdSense... and suddenly you're a "pro" who has to pay up.

11 Comments | Leave a Comment..

 
News You Could Do Without

News You Could Do Without

by Mike Masnick


Filed Under:
collection society, embeds, netherlands, performance, youtube videos

Companies:
buma/stemra



Dutch Collection Society Looks To Charge Bloggers For Embedding YouTube Videos

from the pay-up...-again dept

Over the past year, we've noticed an explosion in ridiculous attempts by music collection societies (often totally clueless about technology) to extend their ability to collect for positively ridiculous things (while also looking to significantly increase their collection rates). The latest, sent in by Dennis Laumen, is that the Dutch collection society, Buma/Stemra, is claiming that it's going to start charging bloggers 130 euros for every 6 videos they embed. This is, of course, technologically clueless. The embedding of a video doesn't change the fact that it's actually playing from and hosted at the original site (such as YouTube). All embedding does is allow the video to appear via the other page, even though, technically, it's all still happening at its original location. Claiming that this is somehow a "new" publication of the content is technologically incorrect.

This is somewhat similar to ASCAP's recent technologically clueless claim that embedding YouTube videos should count as a public performance (along with its other recent claims that iTunes 30-second previews and your mobile phone ringtones should also be counted as public performances). You sort of get the feeling that many of these collection societies came to the conclusion about two years ago that they're functionally obsolete, and rather than adapt to the times, they've all agreed to the same basic principle of going out in a blaze of glory. They're trying to vastly increase rates while covering any and ever attempt to use music in any way, bleeding everyone dry while making it that much more difficult for up-and-coming acts to get heard (since venues that promote them can't pay the crazy rates) and (even better) setting up their payout mechanisms to massively favor the top acts.

For the most part, these collection societies are simply being greedy, without putting a single thought towards actually helping composers and songwriters. They're looking for every single penny they could possibly collect today, and ignoring the medium and long-term impact of trying to charge for any sort of promotional behavior.

48 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
copyright, performance, trademark, urinetown



Can You Plagiarize A Play You Licensed To Perform? The Urinetown Saga...

from the you-have-got-to-be-kidding dept

A few years back I got to see the musical Urinetown when it came through San Francisco. It's really very funny, and if you happen to live somewhere that it's playing, I'd recommend you go check it out. However, apparently, in going to watch it in some places, you might be seeing an "infringing" version -- even if it's been properly licensed. William Patry lays out some of the details behind the latest bizarre situation in the world of intellectual property rights, where the folks behind Urinetown's Broadway production accused those behind Chicago's production of plagiarism as well as violations of copyright and trademark law. It wasn't because the folks in Chicago hadn't licensed the work. In fact, the "Chicago team" licensed both the script and the music to perform. Apparently, though, that wasn't enough. The folks in NY said the folks in Chicago had "blatantly" plagiarized and copied the NY production in producing their own version. This is the point at which it might be worth pointing out that of course they copied the NY production. That's because they were putting on the same damn play. Apparently, the folks in NY thought that even with the script and the music, the Chicago version needed to look different than the NY version, which seems rather ridiculous. All of this came out in a lawsuit filed by the people in Chicago against their accusers in NY (who even demanded that the Chicago team "decline and remit" the awards it had won for its production). Unfortunately, the court tossed out the case, as the folks in Chicago apparently sued the wrong party in NY (whoops). So, perhaps there will be a follow up with the correct party being sued. In the meantime, it does seem rather ironic that a play about taking laws to ridiculous extremes now faces just such a battle. Perhaps it'll give the playwright an idea for his next play.

20 Comments | Leave a Comment..

 
Search Techdirt
And now, a word from our Sponsors..



Popular Posts
Poll

Which Internet Concern Worries You The Most?

 

 

 

 

 

 


Add Techdirt RSS To Your Reader
rss Add Techdirt to your Bloglines
Add Techdirt to your Google Add Techdirt to your My Yahoo
Add Techdirt to your Netvibes Add Techdirt to your Newsgator
Subscribe to Techdirt's Daily Email Newsletter

Techdirt's Daily Email Newsletter

Older Stuff

Tuesday

1:56pm: Jury Says Fictional Character Can Be Libelous (28)
12:44pm: Spam King Alan Ralsky Gets Four Years In Jail (27)
11:39am: Publishers Getting The Wrong Message Over eBook Piracy (39)
10:28am: Calling For An Independent Invention Defense In Patents (26)
9:12am: Microsoft Tries To Silence Revelation Of Bing Cashback Flaws; Leads To Revelation Of Other Problems (41)
8:03am: Don't Blame Facebook For Some Kids Beating Up Another Student (61)
6:46am: Hulu Telling Sites To Stop Embedding So Much (44)
5:00am: Once Again, If The Gov't Has Data, It Will Be Abused (42)
2:53am: As Expected, Social Networking Generation Running For Office Face Their Permanent Record Online (31)
12:55am: IMAX Sues Cinemark For Building Competing System... While Being An IMAX Customer (14)

Monday

10:26pm: Filmmaker Allowed To Use The Name Rin Tin Tin To Describe Rin Tin Tin (6)
8:25pm: Senators Begin Questioning ACTA Secrecy (32)
6:34pm: Brazil E-Voting Machines Not Hacked... But Van Eck Phreaking Allowed Hacker To Record Votes (15)
5:08pm: FCC Doesn't Think The Lack Of Competition Is A Major Barrier To Broadband? (36)
3:49pm: Heads Of Major Movies Studios Claiming They Just Want To Help Poor Indie Films Harmed By Piracy (47)
2:38pm: USPTO Convinced By Amazon That Online Gift Giving Patent Is Legit (19)
1:31pm: Tiburon Approves Recording Every Car That Enters/Leaves... Despite More Evidence Of Traffic Camera Abuse In UK (89)
12:18pm: Label Exec Arrested For Not Using Twitter To Disperse Crowd At Mall To See Singer (53)
11:01am: Spanish Court Dismisses Complaint From Nintendo Against Counterfiet DS Cartridges, Since They Add Functionality (12)
9:55am: Dear PR People: If Your Exec Has A Comment, Our Comments Are Open (25)
8:44am: What Kind Of Mickey Mouse (And Donald Duck) Lawsuits Are These? (23)
7:30am: Prosecutors Ending Lawsuit Against Lori Drew (13)
6:06am: Dear Rupert: You Don't Succeed By Making Life More Difficult For Users (70)
4:20am: ESPN Writer Suspended From Twitter (59)
2:10am: School Can't Handle Critical Community Message Board; Sends Legal Nastygram (21)

Friday

7:39pm: Liberian Laws Are A Secret Due To Copyright; Even The Gov't Doesn't Have Them (43)
6:56pm: Lily Allen: It's Ok To Sell My Counterfeit CDs, Just Don't Give My Music For Free (97)
6:10pm: EFF Looks To Bust Bogus Podcasting Patent; Needs Prior Art (34)
5:28pm: Google Blocking Set Top Boxes From Showing YouTube Unless They Pay Up? (65)
4:44pm: Entertainment Industry: Yes, Please Keep Negotiating Secret Copyright Treaty To Save Our Asses (43)
More arrow
Quick Links
Close
E-mail It