Songwriters Notes
San Diego Songwriter's Guild - Providing Networking Opportunities and Resources for Songwriters, Bands, and Musicians.
Jun 28, 2005
Supreme Court Rules Against Grokster and StreamCast
Washington, DC (June 27, 2005)--In an unequivocal reversal of two lower court findings, the U.S. Supreme Court unanimously ruled against Grokster and StreamCast today, supporting claims by the MPAA and RIAA that person-to-person file-sharing software (commonly referred to as P2P) developers must be held responsible for illegal actions of their products' users.
The file-sharing companies had expected a ruling against the trade organizations, which would have likely provided them with the clout to negotiate distribution agreements with the two industry groups. Instead, Grokster and StreamCast--the two main defendants in the case--and the file-sharing community at large have suffered a major setback.
Nonetheless, the case far from over; the Supreme Court's decision sends the case back for retrial in the same lower court that initially ruled for the P2P networks.
The decision marks the latest upset in nearly four years of judicial wrangling, initiated in October, 2001 when the MPAA and RIAA filed against Grokster and StreamCast (then MusicCity). Due to basic differences in the architecture of the two companies' networks, shutting them down was not as simple as the efforts that had previously shuttered Napster and Scour. Because Grokster and StreamCast are decentralized networks, and thus do not have direct control of their networks' indexing responsibilities, cataloging of all files, legal and otherwise, is put upon the networks' users.
While they were not directly responsible for copyright infringement then, the two companies were still found guilty of contributory copyright infringement and vicarious copyright infringement. To be found guilty of the contributory copyright infringement charge, Grokster and StreamCast had to be shown to have met three criteria--direct infringement by a primary infringer, knowledge of the infringement, and material contribution to the infringement.
To be held liable for vicarious copyright infringement, the MPAA and RIAA had to also prove that the two P2P companies had met three other criteria: direct infringement by a primary party, a direct financial benefit to the defendant, and the right and ability to supervise the infringers.
The legal upset follows two lower court rulings in favor of the P2P companies. Justice Steven Wilcox ruled in April, 2003 against the MPAA and RIAA, basing his decision on the 1983 Sony Vs. Universal decision, often known as the Betamax case. "Defendants distribute and support software, the users of which can and do choose to employ it for both lawful and unlawful ends," Wilson wrote in his opinion. "Grokster and StreamCast are not significantly different from companies that sell home video recorders or copy machines, both of which can be and are used to infringe copyrights."
The case was soon appealed to the United States Federal Court of Appeals in California, where the following April, Justice Sidney R. Thomas found that StreamCast and Grokster were still not guilty of copyright infringement.
This time, that's not the case. "One who distributes a device with the object of promoting its use to infringe copyright ... is liable for the resulting acts of infringement by third parties using the device, regardless of the device's lawful uses," Justice David Souter wrote in the ruling.
In response to the ruling today in the case MGM v. Grokster, the Recording Industry Association of America (RIAA) issued the following statement from chairman and CEO Mitch Bainwol:
"With this unanimous decision, the Supreme Court has addressed a significant threat to the U.S. economy and moved to protect the livelihoods of the more than 11 million Americans employed by the copyright industries. The Supreme Court has helped to power the digital future for legitimate online businesses--including legal file sharing networks--by holding accountable those who promote and profit from theft. This decision lays the groundwork for the dawn of a new day--an opportunity that will bring the entertainment and technology communities even closer together, with music fans reaping the rewards."
RIAA
www.riaa.org
Grokster
www. grokster.com
From ProSoundNews.com
posted by San Diego Songwriter's Guild # 6:01 AM
Jun 27, 2005
BREAKING INTO THE BUSINESS: GETTING YOUR MUSIC INTO FILM & TV PROJECTS
The Film Music Institute Presents:
BREAKING INTO THE BUSINESS: GETTING YOUR MUSIC INTO FILM & TV PROJECTS IN TODAY'S COMPETITIVE MARKETPLACE
LOS ANGELES: Saturday, October 15, 2005
Instructor: Composer and Film Music Network Founder MARK NORTHAM
This high-impact course focuses on specific methods and practices songwriters and composers can use to immediately get work in the film and television music business, including where to find jobs, how to approach filmmakers, deal points on film and television projects, contracts and licenses, how to maximize your royalty income, and how to build your business in the industry.
Whether you're at the beginning of your career or are looking to move to the next level of the business, this course will give you practical, usable techniques that you can use immediately to build your career in the film and television music business.
Regular price: $149 including materials.
Sale price through June 30, only $109.00
LOS ANGELES - Saturday, October 15, 2005
Wyndham Bel Age Hotel
1020 N. San Vicente Blvd, W. Hollywood, CA
9:00pm-5:00pm
Register today - save 25% through June 30 at:
http://www.abcsignup.com/reg/event_page.asp?s1=46&s2=3564&aid=FMMG
posted by San Diego Songwriter's Guild # 6:17 AM
Jun 26, 2005
AMPFEST: An Action Sports Film & Music Festival
Submission Deadline: July 1, 2005
Price: $25.00
Location and Date: Los Angeles Area, CA - August 10-14, 2005
AMPFEST is a film and music festival dedicated to the action sports culture. Action sports are directly linked to music - many athletes practice their sport while listening to their favorite tunes; or spectators watch the sport with music accompanying it. The event will take place on the West Coast, August 10-14, 2005, with an emphasis on boarding sports (surfing, skateboarding and snowboarding). There are 15-20 performance slots available – with at least 20% of the slots reserved for Sonicbids artists. AMPFEST will feature some of the world’s most critically acclaimed mainstream bands alongside rising independent acts.Selected artists will be compensated for their performances.
More Info: http://www.ampfest.org
posted by San Diego Songwriter's Guild # 6:34 PM
The 5th Annual Art of Music Writing Contest
Since 2001, The Art of Music Annual Writing Contest has encouraged poets,
authors, and songwriters to write on music-related topics as well as come forward
with music-related poems, short stories, essays, and song lyrics they have
written which might have otherwise gone unnoticed. The winning entries, along
with the top 75 entries, are published in our biannual anthology, "The Art of
Music - A Collection of Writings."
The anthology gives writers a chance to share their music-related pieces and
experience those written by others. "The Art of Music - A Collection of
Writings" has been used in university-level poetry courses and can be found in
libraries and bookstores as well as museum and performing art center gift shops.
All contestants receive a free copy of the anthology.
Portions of the proceeds from the anthology are donated to Breast Cancer
Research. The editor, Elizabeth C. Axford, is a breast cancer survivor.
For contest entry form and rules, please visit www.pianopress.com/artofmusic.htm
or write to:
Piano Press
PO Box 85
Del Mar, CA 92014-0085
or call:
(619) 884-1401
Contest deadline is June 30, 2005 (postmark).
posted by San Diego Songwriter's Guild # 6:26 PM
Jun 22, 2005
ROCKRGRL Music Conference 2005
Showcase Submission Deadline Fast Approaching
Deadline for Artist Submission -- July 1, 2005
Seattle, WA - The ROCKRGRL Music Conference 2005 has announced that July 1st is the deadline for artists/bands showcase applications. The nation's only music conference for women, ROCKRGRL Music Conference's goal is to promote, encourage and celebrate women's achievements in the music industry.
Submit your showcase application now! 250 artists and bands will have the chance to showcase in front of industry leaders and fans in Seattle - one of the most influential music cities in the world. All showcasing artists will receive one full registration for the ROCKRGRL Music Conference and one showcase-only wristband. All bands must have at least one female member.
The ROCKRGRL Music Conference 2005 is produced by ROCKRGRL Magazine - the only national magazine that levels the playing field for women in rock. The last ROCKRGRL Music Conference featured artists such as Courtney Love and The Gossip to Indigo Girl Amy Ray and Wanda Jackson. This year, the conference will take place from November 10-12, 2005 and will feature the Woman of Valor award banquet honoring special guest, punk legend Patti Smith. 2005 Conference headquarters are the Madison Renaissance Hotel in downtown Seattle.
The conference consists of two nights of music showcases featuring female artists in all styles, two full days of innovative panels, workshops, clinics and trade show. The ROCKRGRL Music Conference is a unique and innovative event where artists can meet, mix and mingle with other artists and industry leaders.
Confirmed panelists already include: songwriter Sue Ennis, Concrete Blonde's Johnette Napolitano, Jennifer Finch (L7, the Shocker), KIIS-FM (Los Angeles) Music Director Julie Pilat, Derek Sivers of CD Baby, Indiegrrl founder Holly Figueroa, Daisy Rock Girl Guitars founder Tish Ciravolo and many more.
Conference sponsors include: Sonicbids.com, KEXP-FM, D'Addario Strings, Daisy Rock, the International Songwriting Competition, Indiegrrl, CD Baby and the Seattle Mayor's office of Music and Film.
For more information or to download an application, please visit the ROCKRGRL official conference Web site at www.rockrgrl.com/conference. Please feel free to circulate this information to the musicians and artists in your reach.
posted by San Diego Songwriter's Guild # 6:24 AM
Upcoming San Diego NSAI Workshop Events
http://hometown.aol.com/sdnsai/myhomepage/index.html
San Diego NSAI Fourth Monday Workshop
Monday, June 27, 2005
7-10pm
Location:
Home of Bob Duffy
New San Diego NSAI Co-Coordinator
Poway, CA
Group Song Critiques
Writing Lesson from Nashville Office
Free to NSAI Members Non-Members may attend two meetings at no charge,
then $10/meeting.
Please RSVP to Bob Duffy for directions
[email protected] or Liz Axford [email protected] or
(619)884-1401
posted by San Diego Songwriter's Guild # 6:12 AM
A Special Message from ASCAP President Marilyn Bergman
Songwriters and composers are the people without whom the entire digital music industry would not exist. Without us, there are no lyrics or melodies to stream, download or trade. Without our music -- the music our fans want to listen to with the same passion we bring to the writing process -- there would be no reason for the new technology to exist, whether it be an iPod or a P2P enterprise.
The future of musical creativity depends upon strong copyright laws, those laws that enable us to make a living from our creative work. Yet, some of the business and technology interests that rely on our work for their business models are trying to weaken copyright laws.
Why are they doing this? Simple. They want to build their businesses - and their profits - by getting our music for free or for as little as possible. And you can bet that they have no intention of passing on the notion of "free" to their advertisers or consumers, our music fans.
What amazes me is how the technology interests and some misguided academics who support them, are trying to dupe creators with a campaign of total misinformation. They are trying to convince us that giving our music away to enterprises who plan to make a profit from our music is somehow in our best interest.
As creators and communicators, we have to call their bluff and redefine the terms of the policy debates. When they say, "content," remind them it's "our music." When the enemies of copyright say, "file sharing," ask them when "stealing" became "sharing." When they say we have to "balance" copyright with the "public interest," remind them that creators and the public are on the same page. Remind them what James Madison, the father of our Constitution, wrote about copyright protection: the property rights of creators and the public interest "fully coincide." It is those who want to exploit our creative property for their own profit with whom we take issue.
As songwriters and composers, we have to be wary of the well-spoken hucksters out there trying to trick us out of the most fundamental right we have, the right to control the uses of our own work, and the right to be fairly paid for those uses.
You all know that the Supreme Court is now considering one of the most important copyright cases to come before it in years - the Grokster case that will decide if P2P enterprises like Grokster and Kazaa are liable for copyright infringement. Our hope is that the Court will say, as Justice Kennedy noted at the oral argument of the case, that these profit-making enterprises cannot use our intellectual property as start-up capital for their businesses.
I hope you are proud that ASCAP led the way in filing friend-of-the-Court briefs supporting the copyright owner plaintiffs in that case. We should have the Court's decision any day now.
Whatever the outcome, we must raise our own voices in defense of our own rights, especially at this crucial time when there is such heated interest in Congress and in the Courts about copyright protection and efforts are being made in Congress to undermine our rights and our livelihoods.
I hope you will help ASCAP to convey the right message to our lawmakers. Your future and that of all your fellow music creators depends on it, whether you are a new writer just starting out, or one of the most successful in your field. As music creators, we have the most to lose from an erosion of copyright protection. ASCAP will remain a strong leader in protecting your right to control your copyrights.
In the coming weeks, we will be informing you of specific developments and asking for your help in reaching out to members of Congress with our message to protect the rights of songwriters and composers. Together, we can make our voices heard.
Click here to read ASCAP's Amicus Brief to the Supreme Court: www.ascap.com/new/ASCAPgrokster.pdf
posted by San Diego Songwriter's Guild # 6:08 AM
NEW ONLINE SITES TARGET SONGWRITERS
NASHVILLE - Two new internet sites for songwriters have launched this week. HitWriters.com (http://www.hitwriters.com) and NextHitWriters.com (http://www.nexthitwriters.com) are companion sites that:
A) offer promotional services to established performing writers with at least one top ten on any major chart, and
B) educational tools to up-and-coming songwriters of all levels.
Both sites encompass writers of all musical genres.
HitWriters.com offers complimentary membership to top performing songwriters of all genres by invitation. Each songwriter has the option of providing content to their own HitWriter page that encompasses video footage, interviews, photos, a bio and discography. A few of the HitWriters include: Jim Weatherly (Midnight Train to Georgia), Dave Gibson (Queen of Memphis), Wynn Varble (Have You Forgotten), David Lee (Letters from Home), Bobby Taylor (Hillbilly Shoes), Rob Crosby (Concrete Angel), Deborah Allen (Baby , I Lied) and Roxie Dean (When I Think About Angels). Others on the HitWriters roster are listed on the HitWriters web site.
HitWriters.com is also packaging hit songwriters for live performances around the country. And, in the near future, HitWriters.com will be offering for sale copies of the songwriter's own CDs.
"HitWriters.com is a service we are offering to both the songwriter and to fans," said Anthony Martin, an independent producer and former SONY A&R executive, and one of the four founding members of HitWriters.com. "We have a highly-trafficked Internet venue where select hit songwriters can sell their own CDs, and we are giving fans of the songs and the songwriters the opportunity to hear the music and to see the songwriters performing the music live."
Fans and up-and-coming songwriters can also learn more about the craft of songwriting and the music business directly from music professionals at NextHitWriter.com. NextHitWriter.com is an affordable paid membership site that offers written and video-taped advice from songwriters who are at the top of their craft. The site also features exclusive tips and articles written by music industry professionals, opportunities to participate in tele-seminars with hit writers and music industry executives, song critiquing, and a host of other services that can help songwriters who have not yet had that big hit jump-start their careers.
NextHitWriiter.com also has an advisory panel of some of the most recognized names in the business, including Kevin Lamb, Christy DiNapoli, Chris Oglesby, Abbey Burkhalter and Mike Sebastian.
In addition to Martin, the other three founding members of HitWriters.com and NextHitWriters.com include: Michael Blake Mahler, member of the former EPIC Records recording act Wild Horses and a songwriter with cuts by George Jones, and many others; Lisa Wysocky, a long-time public relations and marketing specialist, music industry consultant, author, and motivational speaker; and Bruce Uher, interactive media specialist and founder of Multi-Media Interactive.
For more information, interviews, or hi-res art, please contact:
White Horse Enterprises / [email protected] / 615.353.8662
http://www.hitwriters.com
http://www.nexthitwriters.com
posted by San Diego Songwriter's Guild # 6:00 AM
Jun 15, 2005
ENTER THE 2005 INTERNATIONAL SONGWRITING COMPETITION NOW
ENTER THE 2005 INTERNATIONAL SONGWRITING COMPETITION NOW
For Immediate Release, June 15, 2005...The International Songwriting Competition (ISC) is now accepting entries for 2005. One of the largest songwriting competitions in the world, ISC offers entrants a chance to compete for over $100,000 in cash and prizes, including an Overall Grand Prize package of $10,000 (US) in cash and $20,000 in merchandise. Winners benefit from extensive press and publicity, giving exposure and recognition to an international music market of industry professionals and fans.
Internationally renowned for its high-caliber judges, ISC offers entrants a unique opportunity to have their songs heard by some of the most influential decision-makers in the industry.
ISC is pleased to announce its new panel of judges for 2005:
Monte Lipman (President, Universal Records); Tom Waits; Darryl McDaniels (Run D.M.C.); Amy Ray (Indigo Girls); Benji Madden (Good Charlotte); Joss Stone; Macy Gray; Jeff Stinco (Simple Plan); Peter Hook (New Order); The Donnas; Dan Storper (President, Putumayo World Music Records); Michael McDonald (President, ATO Records); Cameron Strang (President, New West Records); Tara Griggs-Magee (Executive VP, Gospel/Urban Music Sony Records); Chris Parr (VP Music Programming & Talent Relations, CMT); Bruce Iglauer (Founder/President, Alligator Records); Alexandra Patsavas (Music Supervisor, The OC/Carnivale/Grey's Anatomy); Barbara Sedun (VP Creative, EMI Music Publishing Canada); Leib Ostrow (CEO, Music for Little People);
and more to be announced.
2005 categories: Pop/Top 40, Rock, Gospel/Christian, Country, R&B/Hip-Hop, Performance, Folk/Singer-Songwriter, AAA/Roots/Americana, Jazz, Dance/Electronica, Blues, Children's Music, Teen (18 yrs. old and younger), Instrumental, World Music, and Lyrics Only.
Early bird deadline for submission is July 15, 2005.
Final deadline for submission is September 15, 2005.
Entries are accepted online or through regular mail. For more information and to enter, go to http://www.songwritingcompetition.com
International Songwriting Competition
211 Seventh Avenue North, Suite LL-20
Nashville, TN 37219
Phone: 615.251.4441
Fax: 615.251.4442
songwritingcompetition.com
posted by San Diego Songwriter's Guild # 9:32 PM
Jun 14, 2005
Recent SDSG Board meeting highlights
On June 7th, 2005 the San Diego Songwriter's Guild held its board meeting. Some of the highlights that were discussed included Upcoming Guests, Song Contest, Volunteer requirements. Next meeting is scheduled for July 12, 7 pm at the Doubletree Hotel lobby. All members are encouraged to attend and participate in the SDSG board meeting. To view the minutes of this meeting go to http://www.sdsongwriters.org/minutes/minutes20050607.htm
posted by San Diego Songwriter's Guild # 6:24 AM
Jun 8, 2005
(Aha!) Call to Arts! Summit V
Artists Helping Artists (Aha!)
Call to Arts!
Summit V FOR CALIFORNIA
CONFERENCE, EXHIBITION AND FESTIVAL
10am to 8pm on Saturday, June 25th, 2005
Cal Poly Pomona Downtown Center and the School of Arts and Enterprise
300 West Second Street,
Pomona, CA, 91766
FREE AND OPEN ATTENDANCE TO ALL ARTISTS, ARTS LEADERS, ARTS STUDENTS AND ARTS LOVERS!
As with each prior CALL TO ARTS! SUMMITS, the upcoming SUMMIT V is open to ALL artists, painters, writers, performers, musicians, songwriters, arts educators, arts leaders, grassroots visionaries, humanitarians organizations, arts centers, etc. from throughout California and the United States.
The theme of CALL TO ARTS! SUMMIT V is ENCOURAGING, COMMUNITY, INTEGRITY AND VISION IN THE ARTS AND SOCIETY. The key purposes of the event are: 1) to connect artists, arts leaders and arts organizations to other artists, leaders and organizations. 2) to inform and educate artists and arts administrators on the craft, business and marketing of arts. 3) to ignite the imagination and vision of artists and arts leaders and also the art loving public.
http://www.calltoarts.artistshelpingartists.org/
posted by San Diego Songwriter's Guild # 8:33 PM
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