Petitions to Participate in proceedings before the Copyright to
determine rates and terms for recording ephemeral copies of sound
recordings for transmissions to business establishments are due
Please see 82 FR 143 for details.
Does the Foundation intend to participate?
This is a disturbingly simplistic analysis. "Copyright holders" are
mentioned only four times, as if they are in opposition to the
consumers of their products, and without acknowledging that they are
creating the works that the consumers clearly value as evidenced by
their desire to make, lend, and sell copies of the works.
The reality of our modern information economy is that large corporate
intermediaries like Apple (iTunes), Google (YouTube, Google Books and
Music), Pandora, Spotify, and the like are given free rein to make,
monetize, and sell as many copies of artists' and authors' works as
they wish, while three federal judges on the Copyright Royalty Board
very occasionally set "compulsory license" requirements whereby they
must pay the copyright holders -- usually publishers instead of
authors and artists -- for what would otherwise be considered rampant
abuse of the constitutionally motivated copy right to advance the
useful arts and sciences. But because these compulsory royalties
rarely see the pockets of the original artists and authors, very
little incentive to create outside the corporate top-40 and celebrity
author hegemony is ever generated.
When will the Wikimedia Foundation take a stand for a more equitable
distribution of compulsory license royalties to artists and authors,
who include thousands of their own volunteers who work commercially in
addition to giving away their time which allows the Foundation's
employees to take home their paychecks?
According to Department of Labor, in the 1970s, before the advent of
mass consumer copying, the U.S. economy supported three times as many
small and emerging artists and performers. There is no reason that the
Copyright Royalty Judges can not produce an intelligent, informed,
progressive, and humane compulsory license distribution incidence
schedule which will return our culture to its former glory. Where will
the Wikimedia Foundation be on that question?