March 29, 2012

The ASCAP Daily Brief for Thursday, March 29

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This daily email, compiled by ASCAP Board member, music publisher and songwriter Dean Kay, cuts through the media clutter to bring you links to the most relevant news and commentary on the rapidly evolving music industry and how it affects your future livelihood. Now the ASCAP Daily Brief can be accessed on the Headlines page of and in the ASCAP RSS Feed.

Try making a record - or expanding the Internet - without a song!

[SiriusXM takes indirect aim at the messengers...Creators are the messengers!]
SiriusXM Files Lawsuit Against SoundExchange and A2IM, Alleging Licensing Interference
By Ed Christman -- SiriusXM has filed a lawsuit against SoundExchange and A2IM. The company alleges that the two organizations violated Section 1 of the Sherman Act and acted in concert with other organizations to interfere with the satellite's channel efforts to obtain cheaper direct licenses that pay royalty rates of 5% to 7% instead of the 8% statutory rate for master rights owners.

SiriusXM Tells Judge: We Need to 'Dissolve' SoundExchange..
By Paul Resnikoff -- SiriusXM wants SoundExchange 'dissolved and unwound' in an 'orderly basis - or, failing that, closely monitored for antitrust compliance for a period of 10 years.

UK: Copyright Exchange Man: Nontrepreneurs Are Just Stingy
By Andrew Orlowski -- More can be done to streamline digital copyright licensing, says Richard Hooper, who has been appointed by the government to investigate it...he said many of the whinges the study has so far heard from webtastic startups about the difficulties of licensing were unjustified - and many simply reflected their unwillingness to pay for stuff.

Westergren Says UK Royalties Still Too High for Pandora
By Michael Schmitt

Mythbusters: ACTA
By Sandra Aistars -- Ever since the Internet blackout to protest the Stop Online Piracy Act and the PROTECT IP Act numerous legislative proposals and treaties from the Anti-Counterfeiting Trade Agreement (ACTA) ...have been labeled the "new SOPA." "SOPA'd" is reportedly even becoming a verb on the Hill (as in don't get SOPA'd). While this may be an effective rallying cry to bring the agreement to the attention of recent IP activists, it obscures the truth about the agreement.

For High Tech Companies, Going Public Sucks
By Felix Salmon -- When the web was new, all you needed to launch a public company like Netscape was an idea, a couple hundred employees, and a multimillion-dollar loss in the previous year...When Google held its IPO in 2004, it had already been profitable for three years. And when Facebook hits the public market, it will be truly huge - with a profit of $1 billion in 2011. So if you want to go public today, here's the secret: Build a company that's so big you don't need the money.

Mass Effect 3 And Corporate Influence Over Commercial Art
By Erik Kain -- Much has been made of fans "demanding" a new ending to BioWare's Mass Effect 3. Alyssa Rosenberg makes a very astute point about how commercial art is already influenced far more by the businesses pulling the strings than it will ever be distorted by fans.

CD: the Indestructible Music Format That REFUSES TO DIE
By Andrew Orlowski

Four Potential Crashers of the Social Media Party
By Dave Copeland -- People are building businesses around Facebook, Twitter and, most recently, Pinterest. Wall Street is getting ready to be on Facebook's initial public offering. Everyone is seemingly in love with the potential to profit from social media...

Apple Responds to iPad Battery Concerns
By Christina Bonnington

Protecting Yourself from Shady Apps
By Hayley Tsukayama -- For technology companies, success comes with its own paradoxical set of problems. Consumers who may have never had an issue downloading an app from Apple or Google's app stores may find that some apps can be malicious programs in disguise.

Music Biz MBA: Business Formation Options for Indie Musicians
By David Rose -- Bands and musicians have several options to choose from when deciding to form a business entity including, but not limited to setting up a: sole proprietorship, partnership, a limited liability company, and a corporation. The steps for forming a business entity for a band range from being fairly simple to quite complex, depending on the type of business formed.

10 Sales Tips For Artists
By Bobby Owsinski

3 Things That Make You Look Like An Idiot Online
By Mike Tuttle -- Your friends won't tell you. We just did.

Web App Lets You Play Massive Real-World Synthesizer
By Eliot Van Buskirk

Dean Kay


Dean Kay has been at the helm of some of the most highly respected and forward thinking music publishing companies in the world, first as COO of the Welk Music Group, then as President/ CEO of the US division of the PolyGram International Publishing Group, and now as President/CEO of his own precedent setting venture, Lichelle Music Company. Prior to his involvement in publishing, he was a successful songwriter, having had hundreds of his compositions recorded - including "That's Life" by Frank Sinatra. Mr. Kay has been a member of the Board of Directors of ASCAP since 1989 and is Chairman of its New Technologies Committee. He is also on the Board of the National Music Publishers Association (NMPA).

The ASCAP Daily Brief-Powered by The Dean's List is intended as a guide to direct music professionals to key articles about issues facing the entertainment industry. Recipients are encouraged to read further about the issues by accessing the complete article through the links provided. Author attribution is provided with each article, and none of the links allow readers to by-pass subscription archive gateways. Please note that all editorial comments are indicated in brackets. Questions? Comments? Please Contact Us