Sunday, November 9, 2014

What is Content ID?

Content ID is a YouTube-owned tool that IDs copyrights embedded in content.

Copyright owners (i.e., record companies, publishers and, I assume, film and TV rightsholders) use Content ID to identify, tag, control and monetize content on YouTube.

The Content ID identification process starts when content owners provide Google with metadata and copies of their works. Content ID then uses digital fingerprinting technology to match these works to uses in certain categories of content on YouTube (e.g., matches to user generated videos, but not multichannel networks, which assume responsibility to pay rightsholders).

Not only can the © owner control (with other owners, if applicable) whether to leave the use up or take it down, but also it can choose to monetize (via advertising and/or subscriber revenue).  Some record companies get 35% and music publishers get 15% of ad revenue for user generated content.  (Big © owners can negotiate directly with YouTube, so those minimums and splits are confidential, but the some rates for indies are public, though they do not include the advances or minimums that major rights holders negotiate.)

Since > 1 billion users are on YouTube every day, it can generate thousands and even millions in earnings for well-managed content.  

Sunday, October 26, 2014

Recap of Last Week

Top items shared last week on LinkedIn and Twitter by Cedar Boschan:


L-R: Cedar Boschan, Austin Lucas & Kyla Akasha at The Observatory in Santa Ana






Auditrix:
Best of Last Week





















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Tuesday, October 21, 2014

All the Ways One Can "Buy a Record"

My favorite octogenarian attorney recently asked me:
"Please give me a list of all the ways someone can buy a record."
I came up with the following and included uses that may not strictly constitute sales or phonorecords under the U.S. Copyright Act:

1 – Consumers can purchase permanent copies of recordings in various configurations, such as:
a.      From retailers (online like Amazon.com or brick and mortar like Target and Walmart) or directly from an artists’ website or at a concert (e.g., together with merchandise):
i.      Vinyl Record
ii.     Compact Disc
iii.    DVD
iv.    Embodied on video games
b.     Permanent downloads from music services (e.g., from iTunes and Amazon.com) and video game console manufacturers (e.g., Sony’s PlayStation network and Microsoft’s Xbox store)

2 – Also, consumers pay for access to listen to recordings by subscribing to a music service such as the following:
a.   Interactive services like Spotify and Beats (where users can stream on demand)
b.  So-called "non-interactive" services like Pandora and Sirius XM (which offer users less control over programming)

3 – Alternately, companies pay to advertise to listeners or viewers of free programming on services like YouTube, Vevo, MTV and the services mentioned in #2 above.  In this case, access to the recording is “free” to the consumer because the advertiser subsidizes the cost, but the consumer must watch or listen to ads in exchange for such free access.

4 – Finally, consumers who purchase electronics devices such as a Samsung phone or iPhone may find that music has been bundled with the device by the hardware seller, which pays the music rights holders for the right to do this (and thusly must build in the music cost in the device's price).

What ways to buy a record did I forget?

Please tell me what I failed to mention below!

Saturday, October 18, 2014

Best of Last Week from The Auditrix


  • 7 qualities of addictive games
  • California Copyright Conference's "Are You Getting Paid? Best Practices for Unmatched Royalties" panel discussion, which I recapped here.
#IRespectMusic at the California Copyright Conference




Highlights from The California Copyright Conference's October 2014 Music Royalties Dinner

Last week, the California Copyright Conference presented a panel discussion entitled, "Are You Getting Paid? Best Practices for Unmatched Royalties"

October 2014 California Copyright Conference: L-R: Scott Berenson – Director, Claims Department at SoundExchange; Jake Wisely - President The Bicycle Music Company; Diane Snyder Ramirez – Vice President Royalty Accounting & Administration, Royalty Review Council; Chris Castle – Founder, Christian L. Castle, Attorneys, Austin; Anne Cecere – BMI, California Copyright Conference President; Not Pictured: Eric Palmquist - Vice President, Audit & Income Tracking, BMG Chrysalis

I tweeted a few insights from the panelists, such as:


One highlight was when panelist Chris Castle called on Henry Gradstein to speak on state copyright protection of pre-1972 sound recordings:

Henry Gradstein at the California Copyright Conference: Section 980 in California was amended to allow for common law (c) protection

But, a few tweets can't impart all of the valuable information that the panelists shared. To view the complete discussion, click here to join the California Copyright Conference.


#IRespectMusic
Eventually materials from the program will be uploaded here for anyone to access free-of-charge.

Sunday, October 12, 2014

Top Items Last Week on LinkedIn and Twitter

Joe Sutton interviewed Mitchell Hurwitz at  Green Hasson Janks' Entertainment & Media Industry Forum


Mitch Hurwitz: The problem with TV is the Nielsen lie. has the exact number.


Arrested Development's Mitchell Hurwitz' humorous keynote at Green Hasson Janks' Entertainment & Media Forum

Mitch Hurwitz: It cost pennies to put a #Netflix button on remote controls. Why didn't NBC do this?

Ilan Haimoff reveals #TV survey results at Green Hasson Janks' Entertainment & Media Forum

10/16 in LA: The Canadian Board & Supreme in the setting process @ AIMP.org


10/22 in NYC: Jacqueline Charlesworth, @DavidIsraelite & Michael Sukin @ AIMP.org - Developments




Other Popular Items Shared:

What changes do you think should be made to the and why? Q&A w/ Ed McPherson, Esq. http://bit.ly/1wcF2iV 

@schuylermmoore: If you do an #advertised 506 #crowdfunding offering, the burden is on you to verify investors are accredited buff.ly/Z5g7PY @bhba

Auditrix: Top 10 Items Last Week on LinkedIn and Twitter bit.ly/1s2mzDi 


“What gets measured gets improved.” -Peter Drucker


Report: Apple in Talks to Start Streaming Music Price War on.mash.to/1vDqrtC 

Super excited to speak tonight with some of L.A.'s best and brightest at a

Wife of Kingston Trio Member John Stewart Suing EMI over Foreign Royalty Distribution bit.ly/Z67hS9


"The last small music publisher left in the Brill Building" nyr.kr/1s2SlAf

@theroyaltymkt: "Think of a royalty investment as a variable income stream with a long-term embedded call option."

Tell Your Fans Where To Buy Your Music by @annielin bit.ly/1vnQrdl

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Interested in music business news?  You should follow me on Twitter @Auditrix.


Interested in games or other IP rights?  You should follow me on Twitter @RoyaltyExpert.