Making a telephone call to SABAM [the Belgian association of authors, composers and publishers] from a public toilet, a Basta [an investigative and satirical TV show in Belgium] team member looked at the manufacturer of a hand dryer and explained that Kimberly Clark would be performing at an upcoming event. That would cost 134 euros minimum said SABAM.

Next the playlist. What if Kimberly Clark sang songs not covered by SABAM? Titles such as ‘Hot Breeze’, ‘Show Me Your Hands’, ‘I Wanna Blow You Dry’, ‘I’m Not a Singer I Am a Machine’ and the ever-timeless, ‘We Fooled You’, for example.

Five days later the answer came from SABAM. All of the songs were “100% protected” and so Basta must pay 127.07 euros.

According to an article in the Guardian:

Illegal downloading of music cost the UK industry nearly £1bn this year, the BPI claimed today, as it produced research showing online piracy is still growing.

…

It based that calculation on an assumption that every track would have sold for 82p, the average price of a digital single, although it conceded not everyone who downloaded tracks illegally would have paid for them if they had been unable to obtain them illegitimately.

Also, last year thousands of people rode on the same bus as me. This cost me thousands of euros. I base that calculation on an assumption that they would each have paid me €1 to keep them company, though I concede that maybe not all of them would have paid if they could just have gone along anyway. As indeed they did.

Samtidigt tas reklam- och prenumerationsfinansierade tjänster som Spotify emot varmt i den massmediala debatten, då de dels avspeglar en svensk nationell stolthet som industrination, dels målas upp som en sorts universsallösning på "fildelningseländet". Men man bör minnas att Spotify har ett relativt begränsat utbud, som knappast kan sägas gynna mer perifera, okända artister, samt att tjänsten ger väldigt blygsamma inkomster för de medverkande upphovsmännen.

...

Vad medielandskapet behöver är tjänster som bättre syftar till att lyfta fram det mindre kända. Sverige behöver en tydligare formulerad kulturpolitik som tar dessa nya förutsättningar i beaktande, och inriktar stödet mot att lyfta fram det som skapas i periferin, snarare än att gynna existerande oligopolliknande formationer såsom Bonniersfären, SF och Spotify.

As 3D scanners and 3D printers plunge in cost, designers and manufacturers are going to get worried. Once they get worried, they go either to courts or to Congress. When this happened in the 1990s with digital media, the result was the Digital Millennium Copyright Act (DMCA), and those on the cutting edge of home three-dimensional fabrication want to make sure that they're ready this time when a similar full-court press tries to convince Congress to increase intellectual property protection in the US.

“Just as with the printing press, the copy machine, and the personal computer before it, some people will see 3D printing as a disruptive threat,” says a new report (PDF) out today from the group Public Knowledge. “Similarly, just as with the printing press, the copy machine, and the personal computer, some people will see 3D printing is a groundbreaking tool to spread creativity and knowledge. It is critical that those who fear not stop those who are inspired.”

Furthermore, it quickly became apparent that [IFPI lawyer Magnus Mårtensson's] evidence consisted only of screenshots. When asked if he had any network equipment logging exactly what was going on ‘behind the scenes’ of any of his sample downloads, he replied that he didn’t.

When asked if he verified in any way during the download process that he had any contact with The Pirate Bay’s tracker, again the answer was negative.

Defendant Gottfrid Svartholm questioned Mårtensson on his evidence gathering techniques. The following questions are particularly interesting as they show that the prosecution has no evidence that the Pirate Bay trackers were actually used.

Michael Geist writes in with the latest news on the Anti-Counterfeiting Trade Agreement (ACTA), the secret, closed-door copyright treaty that will bring US-style copyright rules (and worse) to the whole world. Particularly disturbing is the growing support for "three-strikes" copyright rules that would disconnect whole families from the Internet if one member of the household was accused (without proof) of copyright infringement. The other big US agenda item is cramming pro-Digital Rights Management (DRM) rules down the world's throats that go way beyond the current obligations under the UN's WIPO Copyright Treaty. In the US version, breaking DRM is always illegal, even if you're not committing any copyright violation -- so breaking the DRM on your iPad to install software you bought from someone who hasn't gone through the Apple approval process is illegal, even though the transaction involves no illicit copying.

What's in a name? Not much, when it comes to the Anti-Counterfeiting Trade Agreement. As Luc Devigne, the top EU negotiator on ACTA made clear today, he has no intention of limiting ACTA to, you know, its name.

A leading music industry figure has labelled attempts to thwart internet file-sharing as a "waste of time".

Peter Jenner, the former manager of Pink Floyd and now emeritus president of the International Music Managers' Forum (IMMF), launched a scathing attack on the music industry's tactics at a Westminster e-Forum.

The RIAA's "business plan" is even worse than I'd guessed it was.

The RIAA paid Holmes Roberts & Owen $9,364,901 in 2008, Jenner & Block more than $7,000,000, and Cravath Swain & Moore $1.25 million, to pursue its "copyright infringement" claims, in order to recover a mere $391,000.

...

As bad as it was, I guess it was better than the numbers for 2007, in which more than $21 million was spent on legal fees, and $3.5 million on "investigative operations" ... presumably MediaSentry. And the amount recovered was $515,929.

And 2006 was similar: they spent more than $19,000,000 in legal fees and more than $3,600,000 in "investigative operations" expenses to recover $455,000.

We recently had a fun post about Hollywood accounting, about how the movie industry makes sure even big hit movies "lose money" on paper. So how about the recording industry? Well, they're pretty famous for doing something quite similar. Reader Jay pointed out in the comments an article from The Root that goes through who gets paid what for music sales, and the basic answer is not the musician. That report suggests that for every $1,000 sold, the average musician gets $23.40.

...

And that explains why huge megastars like Lyle Lovett have pointed out that he sold 4.6 million records and never made a dime from album sales. It's why the band 30 Seconds to Mars went platinum and sold 2 million records and never made a dime from album sales. You hear these stories quite often.