CMU Daily 06.12.17: Google at al excluded from extended safe harbour in Australia, web-block agency proposed in Canada

Google at al excluded from extended safe harbour in Australia
The Australian government won't extend safe harbour protection to the likes of Google and Facebook in the latest overhaul of the country's copyright law. Which is a development that will please the copyright industries which would rather Google - or at least its YouTube platform - didn't have safe harbour protection elsewhere in the world. Though safe harbour could still be extended to the web giants in Australia in the future.

As previously reported, the copyright safe harbour - which protects internet companies from liability when customers use their networks to infringe copyright - was much more narrowly defined when originally incorporated into Australian law. Whereas in Europe and the US a whole plethora of internet companies enjoy protection, under Australian law safe harbour only really applies to internet service providers.

With the Copyright Amendment Bill being debated in the Australian parliament earlier this year, the tech sector put pressure on ministers there to use the new legislation to bring the country's safe harbour more in line with the US and Europe.

However, when such a proposal was put on the table, the Australian media and music industries hit out. They pointed out that the safe harbour had proven controversial in both the US and Europe, where the music industry is busy trying to get user-upload platforms like YouTube excluded from protection.

While reviews were underway in the US and Europe, they argued, it would be silly for Australia to adopt the current safe harbour systems that operate in America and the European Union. Plus, unlike other proposed copyright reforms, the Australian government itself hadn't done any proper analysis of the safe harbour expansion being considered.

Responding to those arguments, in March the government dropped the safe harbour proposal from its copyright bill entirely. A new version of that legislation is being unveiled today, and safe harbours are back in there, but protection will not be extended to Google and Facebook et al. New beneficiaries of the safe harbour under the latest proposals are libraries and educational or cultural institutions.

Discussing the latest draft of the copyright reform legislation, Australia's Communications Minister Mitch Fifield said that safe harbour protection would initially be extended to organisations that "provide beneficial services to all Australians and who are working collaboratively with copyright owners to address infringement".

Ministers now plan further consultation on extending the safe harbour to the web giants, Fifield confirmed. Which possibly means Google will ultimately get its safe harbour protection down under, but any future further reform, Fifiled added, would be "mindful of the need to ensure the rights of creators are properly protected".

He added: "Australia's copyright industries make a significant contribution to our economic and cultural life, including collectively generating approximately AUS$122.8 billion in economic activity, AUS$6.5 billion in exports and employing more than one million Australians".

You suspect Australian lawmakers will now be watching how safe harbour reform works out in Europe, as further drafts of the new European Copyright Directive continue to go through the motions in Brussels. That may influence Australia's next steps on this issue.

BACK TO THE TOP OF THE BULLETIN

Web-block agency being considered in Canada
A special web-block agency could be launched in Canada with the power to instruct internet service providers to block copyright infringing websites. Various entertainment firms and internet companies are reportedly involved in discussions to launch such a body.

Web-blocking, of course, has become a preferred anti-piracy tactic for music and movie companies in those countries where local copyright law provides such blockades. Quite how it works varies from country to country, though usually a court of law ultimately issues the order for ISPs to block their customers from accessing piracy sites.

This means there is some judicial oversight and, in theory, targeted sites and/or the ISPs could argue against the blockade in court before any injunction is issued. Though piracy sites rarely defend themselves, and ISPs usually accept web-blocking as a necessary evil once the court orders start to roll in.

Though in some countries it has been proposed that a government agency rather than a court of law could issue the web-blocking orders. Which is something that was floated in Canada earlier this year, not by a music or movie company, but by the SVP Regulatory Affairs at telecommunications firm Bell.

The company's Rob Malcolmson said during a session discussing the North American Free Trade Agreement in September: "We recommend that the government commits to stronger intellectual property enforcement by having an administrative agency dedicated to such enforcement and by prioritising enforcement against digital pirates ... We would like to see measures put in place whereby all internet service providers are required to block consumer access to pirated websites".

He went on: "In our view, it would be an independent agency that would be charged with that task. You certainly would not want the ISPs acting as censors as to what content is pirate content. But, surely, an independent third party agency could be formed, could create a blacklist of pirate sites, and then the ISPs would be required to block [them]".

According to the website Canadaland, conversations have been ongoing of late about forming exactly the kind of independent agency Malcolmson described. It says that it's seen a draft proposal to Canada's media and telecommunications regulator CRTC that would result in a web-blocking agency being created. Bell is reportedly involved in those conversations, alongside various other internet and entertainment companies.

Web-blocking, of course, is often controversial when first introduced in any one country, and is likely to be more controversial if a government agency rather than a court of law has the web-blocking powers. To that end, Canadaland quotes University Of Ottawa law professor Michael Geist - a frequent commentator on copyright and anti-piracy policies - who is critical of the proposal.

He says: "This is a dramatic shift. This is a prospect of significant internet regulation being done by the CRTC and without any court oversight. The only court oversight [would come] after a site has been blocked. If you make the argument that you're in a position to block for these purposes, it seems pretty obvious that we're going to see other groups say that you ought to be blocking for other purposes".

BACK TO THE TOP OF THE BULLETIN

SPV allies with The Orchard on digital distribution
Sony Music's distribution and services business The Orchard yesterday announced one of those worldwide partnerships with German indie label SPV, which is perhaps best known for its metal imprints and output. Under the deal The Orchard will distribute SPV's catalogue onto all those digital platforms that just won't go away.

Says The Orchard's MD for Europe Manlio Celotti: "It is an absolute honour that SPV has chosen The Orchard to handle its digital distribution worldwide and we are excited to be working with Frank's great team and fantastic artists and catalogue".

Woah, Manilo, hold your horses there mate. Who the fuck is Frank? You can't go putting Frank into the conversation before I've introduced SPV CEO Frank Uhle to the reader. Don't you know anything about editorial workflows?

OK people, here is SPV CEO Frank Uhle with some words. "We are excited about the new digital opportunities this co-operation offers us and our labels", says he. "Alongside The Orchard's centralised platform and passionate global team, we feel that our catalogue is best positioned for a healthy and prosperous digital future".

Right, Manilo, I've done that now, you can carry on. Hey, here's a little fun game we can play, see if you can sneak the word "constellation" into your quote, even though that has nothing to do with the story. "I firmly believe that the constellation we have created provides exactly what SPV and their artists need to reach an even wider audience".

Ha, you did it! Well done, Manilo. Now say something about rocking the digital world and driving growth opportunities. "We look forward", adds the Orchard boss, "to rocking the digital world and driving growth opportunities for SPV and its artists and labels". Well done everybody. Though I kinda wrote that last bit for you, didn't I?

BACK TO THE TOP OF THE BULLETIN

Five US artist managers come together to launch new business Brilliant Corners
Three US-based artist management firms are coming together to create one new artist management powerhouse to be known as Brilliant Corners Artist Management. There was a lot of artist management in that sentence, wasn't there?

The new venture has been set up by Jordan Kurland and Joe Goldberg of Zeitgeist Artist Management; David Viecelli and Alex Kadvan of Lever And Beam; and Josh Rosenfeld of Barsuk Artist Management. At launch, Brilliant Corners will boast an impressive roster of clients including Death Cab For Cutie, St Vincent, Sleater-Kinney and Best Coast.

Explaining the motivation behind the new business, Kurland told reporters: "For a long time, Joe and I were evaluating how best to expand Zeitgeist in the midst of the rapidly changing music industry. We kept coming back to the concept of building a new company, one that would allow us to provide more services for our clients without sacrificing the fabric of what has made Zeitgeist unique".

They then discovered that Viecelli, Kadvan and Rosenfeld had been thinking along the same lines, hence the decision to unite to create a new business with bases in multiple US cities.

Outlining the group's ambitions for the new company, Viecelli added: "Our Brilliant Corners founding partners, along with our strong bicoastal team, are committed to honest and collaborative representation of artists via widely shared resources and experience. We also expect to provide a home for other passionate managers drawn to the support we can provide them in a culture that transcends that of most management companies".

BACK TO THE TOP OF THE BULLETIN

Johnny Hallyday dies
French musician Johnny Hallyday has died, following a diagnosis of lung cancer. He was 74.

Dubbed 'the French Elvis', Hallyday had a career spanning more than 50 years, and he was planning a new record and tour at the time of his death. He was admitted to hospital late last month, leading to new speculation about the state of his health - earlier this year he accused the media of overstating how unwell he was.

In a statement to Agence France Presse this morning, Hallyday's wife Laeticia said: "Johnny Hallyday has left us. I write these words without believing them. But yet, it's true. My man is no longer with us".

Although he sold over 100 million records in his lifetime, Hallyday's success never really travelled much outside of France. Still, he lived outside of the country for several years, in Switzerland and the US, after complaining that his home country's taxes were too high.

Nevertheless, he was courted and celebrated by various French politicians over the years, and was made a knight of the French Legion Of Honor by then president Jacques Chirac in 1998.

And among those paying tribute last night was French president Emmanuel Macron, whose office said in a statement that "for more than 50 years, he was a vibrant icon", while Macron himself tweeted that "we all have a bit of Johnny Hallyday in us".

BACK TO THE TOP OF THE BULLETIN

Dice hands its Live Award to Dave
Ticketing app Dice has confirmed it is "HYPED", no less - which, credit where it's due, is original, even if it sounds exhausting - to reveal the winner of its annual Live Award.

That being, of course, the prize it presents each year to a new act whose live show is particularly rated by a panel of one hundred pundit types recruited from the music media and live music community.

And who is causing Team Dice to hype themselves silly? Well, Dave of course. No, not Dave Pearce. Not Dave Cameron. Not even my brother in law Dave. No, the South London rapper Dave, aka Santan Dave, aka David Santan, aka Mr Santan, aka Dave.

Having confirmed Dave as the winner of the Dice Live Award ahead of the second of two shows the rapper performed this week at London's Koko venue, Dice's Head Of Music Russ Tannen declared: "We give the Dice Live Award to the best emerging live act in the UK and Ireland, and Dave's rise this year sums up the definition of an emerging artist".

Tannen added: "He's made the small trip yet massive journey from Camden Assembly to Koko in the space of just twelve months. Dave is an incredible live talent, who has been all over Dice this year, as one of the fastest selling, most viewed and most searched artists across any genre".

Here is Dave accepting the award.

BACK TO THE TOP OF THE BULLETIN

Kobalt, Warner Music, PJ Harvey, more

Other notable announcements and developments today...

• Kobalt has signed Australian singer-songwriter and multi-instrumentalist Tash Sultana and will administrate her song rights globally. Sultana represents "the new paradigm of artist and songwriter" reckons Kobalt Music Australia MD Simon Moor. And that's one of my very favourite paradigms, so good news there.

• Warner Music was able to stick to the usual current template for major record company financial announcements when it unveiled its fourth quarter figures yesterday. Revenues and profits were up, fuelled by the streaming boom, with digital now accounting for more than half the business. Woo!

• Michael Alexander has been promoted to the role of EVP International at the Universal Music division in the US that brings together Republic Records, Def Jam Recordings and Island Records. He will continue to oversee marketing campaigns beyond the US for artists signed to the American labels.

• Rough Trade Records has appointed Melanie Sheehan to be its new US label manager. Sheehan was previously a product manager within the Beggars Group of which the Rough Trade label is part, and before that worked at the Secretly Group.

• Proper Music has officially opened its previously reported new warehouse in Dartford and has celebrated by launching a new website and logo, which you can check out here if you so wish.

• Administrators for music distributor Cinram - which fell into administration in August - have announced that the business and some of its assets have been acquired. Music Week reports that Patriot Group Investments are behind the acquisition, which involves the creation of a new company to be called Cinram Novum.

• A cover of trad folk song 'An Acre Of Land' by PJ Harvey is used in the trailer for new movie 'Dark River'. The film is due out next February.

• Rae Morris has released the video for her new single, 'Atletico'. She's also announced tour dates in March, which will finish up at Heaven in London on 28 Mar.

• LA Wise Man - the festive alter-ego of LA Priest - has released a Christmas single. It's called 'All I Want For Christmas Is Rock & Roll'.

• The ever prolific Wednesday Campanella have released a new single, 'Gala'.

• Angel Olson has announced a one-off solo show at Union Chapel in London on 30 Apr. Tickets are on sale at this very moment.

• Check out our weekly Spotify playlist of new music featured in the CMU Daily - updated every Friday.

BACK TO THE TOP OF THE BULLETIN

James Murphy risked death by playing The Stooges at a techno club
LCD Soundsystem's James Murphy was very nearly murdered for playing The Stooges' track 'Loose' in a club. That's right, murdered. Killed. Dead. Forced to DJ in the depths of hell for eternity. All for playing a Stooges track. What crazy times we live in.

I'm possibly exaggerating slightly. And given Murphy admits he "was really high" when this happened, he's probably already exaggerated the incident a little. And then I come along exaggerating the exaggeration. They call it journalism, don't you know.

"I was DJing what was kinda like a techno house club", Murphy told Lars Ulrich last weekend on the latter's Beats 1 show. "I was really high. I was dancing around, like, 'man, if someone would play 'Loose' by The Stooges right now everyone would go crazy'".

And at that very moment, Murphy's turn on the decks arrived. He continued, according to NME: "I got up and the first record that I put on at three o'clock in the morning in a place filled with people on drugs that are there to hear techno was 'Loose'. And a guy was trying to climb into the DJ booth to kill me, and I was like 'No, just listen to it, man. It's amazing!'"

Yeah, maybe I did exaggerate this story a little. But, like I said, LCD Soundsystem's James Murphy was very nearly murdered for playing The Stooges' track 'Loose' in a club. That's right, murdered. Killed. Dead.

BACK TO THE TOP OF THE BULLETIN