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Indian E-music – The right mix of Indian Vibes… » 2021 » January

This Week in Regulation for Broadcasters: January 23, 2021 to January 29, 2021

Delivered... David Oxenford and Adam Sandler | Scene | Sun 31 Jan 2021 4:43 pm

Here are some of the regulatory developments of the last week of significance to broadcasters, with links to where you can go to find more information as to how these actions may affect your operations.

  • Often when a new administration takes over and a new Chairperson is installed at the FCC, some of the agency’s non-routine work slows down as the new Chair and her staff look to align the bureaus and offices with their priorities. The last week under Acting Chairwoman Jessica Rosenworcel has been no exception to this, with few public releases coming out of the Media Bureau.  But the FCC’s routine work, like license renewals, EEO filings, and comment deadlines, continues and our monthly feature on broadcast regulatory dates and deadlines highlights some of these upcoming obligations.
  • With the Super Bowl next Sunday, if you are planning any advertising or promotions tied to the game, we published an article by our law partner Mitch Stabbe on how broadcasters and advertisers can steer clear of the NFL’s aggressive efforts to protect its Super Bowl trademarks and other intellectual property rights. (Broadcast Law Blog)
  • Parties interested in the future of copyright law and the Copyright Office should note that Sen. Thom Tillis (R-NC) has drafted legislation on various copyright topics and is accepting comments on the legislation through March 5th. The legislation seeks changes to the Copyright Act which would, among other things, lessen protections that online services have from infringement claims about user-generated content, as well as changing the organization and authority of the Copyright Office.  Legislators do not often release draft legislation this far in advance and ask for public input, so, as these changes would affect all media companies, be sure to take advantage of the open process and send in your ideas.  We wrote about the draft legislation, here.

Sophie: 10 of the greatest tracks by a genius of pop’s expressive power

Delivered... Ben Beaumont-Thomas | Scene | Sat 30 Jan 2021 5:13 pm

From productions for Charli XCX and Gaika to Sophie’s emotionally shattering solo works, we celebrate a truly singular artist who has died aged 34

This was the track that brought Sophie, the Scottish producer who has died aged 34 following an accidental fall, to wider attention, and how could it not. The opening sounds like an alert announcing a malfunction on a clown car assembly line, all sproings and sirens; these polished, corporate sonics would become a hallmark of the producer’s early work, revelling in the kitsch of the smartphone age. But unlike producers with similar satiric intentions like James Ferraro and Oneohtrix Point Never, you could dance to Sophie – and Bipp is so deliriously danceable.

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Sophie, acclaimed avant-pop producer, dies aged 34

Delivered... Ben Beaumont-Thomas | Scene | Sat 30 Jan 2021 12:21 pm

Glasgow-born Grammy nominee had worked with Madonna, Charli XCX and more

Sophie, the Grammy-nominated Scottish musician whose high-intensity electronic productions pushed the boundaries of 21st-century pop, has died aged 34.

Sophie’s management confirmed to the Guardian that the artist died around 4am at home in Athens, “following a sudden accident. At this time respect and privacy for the family is our priority. We would also ask for respect for her fanbase, and to treat the private nature of this news with sensitivity.”

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Make Noise and Alessandro Cortini made a new synth – here’s the story behind it

Delivered... Peter Kirn | Scene | Fri 29 Jan 2021 3:46 pm

Strega is the new Make Noise invention - a tone maker, control instrument, and effects processor. It's also an artistic collaboration with Alessandro Cortini. CDM talks to Make Noise about what that's about.

The post Make Noise and Alessandro Cortini made a new synth – here’s the story behind it appeared first on CDM Create Digital Music.

Steven Wilson: The Future Bites review – prog-popper probes the future

Delivered... Dave Simpson | Scene | Fri 29 Jan 2021 10:00 am

(Caroline International)
The former Porcupine Tree frontman moves further from his past as he packages up digital-age musings into bite-size pop

Much to the chagrin of hardcore elements of his fanbase, the one-time “king of progressive rock” is exploring dance, electronica and contemporary pop these days. Wilson has rebuffed their cries that it’s “not prog” by emphasising an artist’s prerogative to develop and challenge audience expectations. The 51-year old’s sixth solo album is the one-time guitar virtuoso’s least guitar-oriented collection yet. A general theme of “how the human brain has evolved in the internet era” has led him to reflect on consumerism, algorithms, web-era shopping and a general discourse on how technology and marketing have transformed modern life.

Wilson always was a sharp songwriter and has adeptly channelled what could be unwieldy concepts into bite-size, polished pop. Subjects from nostalgia to social media self-regard come giftwrapped in sizzling melodies as he funnels the influence of his beloved Trevor Horn into postmodern electronic pop-funk, adding sub-bass, thoughtfulness, wit and humour.

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Reference Festival Sets the Bar for the Browser-Based Cultural Fest

Delivered... ztippitt | Scene | Fri 29 Jan 2021 9:00 am

Surge, awesome free soft synth, gets major 1.8 update

Delivered... Peter Kirn | Scene | Thu 28 Jan 2021 10:53 pm

This labor-of-love, free and open-source software synth has gotten a whole lot more love - with new filters, features, modulation, and content. Surge is a must-have on Mac, Windows, or Linux, and keeps getting better.

The post Surge, awesome free soft synth, gets major 1.8 update appeared first on CDM Create Digital Music.

Proposal for Reform of Copyright Act Released for Public Comment – Including Changes for the Safe Harbor for User-Generated Content, the Status of the Copyright Office, and Orphan Works

Delivered... David Oxenford | Scene | Thu 28 Jan 2021 6:23 pm

During the holidays, we did not get a chance to mention the draft legislation circulated by Senator Thom Tillis (R-NC) proposing changes in the Copyright Act, including the provisions of the Digital Millennium Copyright Act that created Section 512 of the Act – the safe harbor for user-generated content.  The legislation also proposes other changes in the law, including changing the structure of the Copyright Office by making it an Executive Branch agency with substantive rulemaking authority, as part of the Commerce Department.  The legislation (a full copy is available here and a summary can be found here) was not formally introduced in the waning days of the last Congress.  Instead, Senator Tillis released it for public comment with the intent that the draft would be refined based on those comments before being formally introduced for legislative consideration.  The Senator is seeking comments by March 5, 2021 from all interested parties to determine how the proposals would affect their interests.  Press releases from his office indicate that he is seeking input from a broad array of interests, from the creative community to the tech companies that use copyrighted content to consumers who may find that the platforms they use might police content differently if there are changes in the law.

Reform of the DMCA safe harbor provisions has long been sought by copyright holders who feel that the insulation from liability afforded to tech companies who host content created by others has led to widespread infringement of copyrighted materials.  We wrote at length about these issues in 2016 when the Copyright Office itself reviewed questions about user-generated content (see, for instance, our articles here and here).  In many ways, the issues with Section 512 are similar to those about Section 230 of the Communications Decency Act – the extent to which big tech companies hosting user-generated content should be liable for that content and should take efforts to police content on their platforms.  Section 230 provides insulation from civil liability other than that which arises under the intellectual property laws (so it protects online hosting companies from liability for matters including defamation or invasion of privacy – see our post here), while Section 512 provides insulation from liability for intellectual property infringement.  However, the Section 512 procedures for obtaining insulation from liability are different from, and in many cases are more stringent than, those under Section 230.

Among the requirements of Section 512 is that the hosting company take down infringing content when notified of specific content that infringes on any copyright.  The law requires that the online service that is hosting user-generated content register with the Copyright Office and provide a specific contact to be notified when a copyright owner finds an infringing use (see our articles on this registration process here and here).  Under current law, the take-down notice must be specific as to the content that is infringing – and it is only that specific content that is taken down.  Copyright owners have long complained about the “whack-a-mole-problem,” where they will notify an online hosting company of the existence of an infringing use, which will be taken down, only to almost immediately have a similar or identical infringing use pop up again in other posts on the host’s platform – requiring multiple other take-down notices.  The Tillis legislation proposes to address some of those issues.

On the “whack-a-mole” problem, the draft proposes to remove insulation from liability for Internet services and platforms that are “willfully blind” to infringing activities that occur on the sites that they host.  That would substitute for the “actual knowledge” standard that is in current law which has generally been interpreted to require specific notice provided through a take-down notice from the copyright holder (or, in a few cases such as those involving file sharing sites, where the sites were themselves set up and promoted so as to encourage the infringement).  In addition, the proposed legislation would require that take-downs must ensure that a copyrighted work does not reappear in other posts on the service, where the work is a complete copy of a copyrighted work, or where the infringing content uses a portion of a work with commercial value in short-form video.

As one would expect, these changes have raised many concerns about the proposed language.  The “willful blindness” language would certainly impose more obligations on platforms – especially sites like social media sites – to police their users to an extent not currently being done.  Coupled with the “take down, stay down” provisions to ensure that infringing content stay down, sites would either have to utilize sophisticated content identification systems, or would have to radically change the way that they operate.  The content ID systems currently in use by some bigger platforms have already created problems – often pulling material for which a user has a license or where the user can rely on some other right (e.g., fair use) to use content without a license.  Expanding the requirement for such systems to all who allow user-generated content could multiply these problems.  And many smaller platforms that currently host user-generated content (e.g., all those TV stations that ask users to post their weather pictures on the station’s website) might well have troubling employing technologies that can identify infringing content.

One of the other reforms suggested by the draft legislation is intended to address some of these issues.  That would be to make the Copyright Office an administrative agency with full rulemaking authority.  As we have written before, the Copyright Office is currently not a typical independent government agency like the FCC or FDA that enacts rules and enforces those rules.  Instead, it is theoretically an arm of Congress.  Other than in connection with the procedures for registering copyrights, it has limited authority to make rules.  In most policy areas where it conducts inquiries, it ends up writing reports that recommend to Congress changes in the laws.

The Tillis bill would change the nature of the Copyright Office, moving it into the Commerce Department, and giving it rulemaking authority.  The draft legislation suggests that the Copyright Office would adopt rules for best practices for take-down, stay down requirements.  The draft directs that these rules would distinguish between different platforms, based on factors including their size and resources to implement filtering technologies, and on the scale of infringement likely to occur on the platform.  In addition, the Copyright Office would adopt best practices dealing with the process for providing take-down notices when a copyright owner notifies a service of infringing content on that service.  This would include standards that would apply to the level of diligence required before a take-down notice is issued, as there is potential liability for bad-faith take-down notices from copyright holders who issue them without considering licenses or other defenses to an infringement claim, including fair use.

This legislation would also tie into the Copyright Claims Board created in December as part of the Defense Appropriations Act.  That Board will act as a copyright small claims tribunal to adjudicate claims where damages are limited to $30,000.  The Tillis legislation, if adopted, would also give that Board the rights to adjudicate claims of bad faith take-down notices.

The legislation addresses many other issues.  It attempts to streamline the regular proceedings that the Copyright Office holds to assess whether particular activities that circumvent digital copyright security protocols should be permitted.  These anticircumvention proceedings regularly authorize certain uses – like for the development of adaptive technologies for the blind or for repair purposes or to access data on an outdated or unsupported device or program.  Some of these uses would be adopted by legislation so that they would no longer need to be reviewed every three years.

The bill would also provide for the use of “orphan works” with limited risk of liability.  In this digital age, many services and individuals have wanted to use creative materials that are theoretically under copyright – but through the passage of time and the death or disappearance of copyright holders, it may be difficult or impossible to locate someone to license the use of the material.  This can include old pictures, written texts, musical works or other creative works.  Under the legislation, if a user does a reasonable search and cannot locate the owner of a work, it can use that work if it files a notice with the Copyright Office of its use.  If the copyright owner later surfaces, the user would have to negotiate reasonable compensation, not the $150,000 statutory damages that sometimes can be claimed.  Here, too, the Copyright Office would be tasked with creating rules to define when a search for the copyright owner is reasonable.

This is a complex piece of legislation, sure to draw a host of comments from copyright owners and users of this material.  No doubt the proposals will be modified based on the comments, and new or different proposals for reform may be added to the bill.  Any party interested in how the Internet and social media platforms will work in the future should be watching as this legislation moves forward.

Reason+ is finally subscription music making software that costs less, not more

Delivered... Peter Kirn | Scene | Wed 27 Jan 2021 9:12 pm

Reason+ has a subscription with costs that - depending on your needs - could save enthusiasts money. And the slogan "sound like you" is another hint the Swedish company may have heard what is appealing and unappealing about most tech subscriptions.

The post Reason+ is finally subscription music making software that costs less, not more appeared first on CDM Create Digital Music.

Quick Ableton Live tips: blackest ever UI, Saturator tutorial, see plug-ins on tracks – let’s go!

Delivered... Peter Kirn | Scene | Wed 27 Jan 2021 6:32 pm

Another day, another boot screen for Ableton Live ... let's make something different happen in that DAW of choice. Here are some fast tips for changing how Live looks and mastering its cool Saturator.

The post Quick Ableton Live tips: blackest ever UI, Saturator tutorial, see plug-ins on tracks – let’s go! appeared first on CDM Create Digital Music.

Make that iPhone a futuristic Tricorder, pocket Kinect: ZIG SIM + TouchDesigner

Delivered... Peter Kirn | Scene | Tue 26 Jan 2021 9:25 pm

The new iPhones and iOS are three-dimensional instruments, depth-sensing 3D cameras - pure magic. And one of Japan's top studios has given away a tool that lets you unlock all of that, including with powerful visual app TouchDesigner.

The post Make that iPhone a futuristic Tricorder, pocket Kinect: ZIG SIM + TouchDesigner appeared first on CDM Create Digital Music.

February Regulatory Dates for Broadcasters: License Renewals, EEO Reporting, KidVid Reports, Zonecasting Comments, FCC Open Meeting, and More

Delivered... David Oxenford and Adam Sandler | Scene | Tue 26 Jan 2021 3:48 pm

With the federal government and the FCC under new management, Acting Chairwoman Jessica Rosenworcel may well take the Commission in a direction that aligns with the policies she supported during her time as a Commissioner.  It is notable that, no matter what policies she advances, the routine regulatory dates that fill up a broadcaster’s calendar are generally unchanged.  Some of the dates and deadlines which broadcasters should remember in February are discussed below.  Given the transition period that we have just been through, the number of February dates are somewhat lighter than in most months – but that is sure to pick up as everyone settles into their new roles at the FCC.

On or before February 1, radio stations in Kansas, Nebraska, and Oklahoma and television stations in Arkansas, Louisiana, and Mississippi must file their license renewal applications through the FCC’s Licensing and Management System (LMS).  Those stations must also file with the FCC a Broadcast EEO Program Report (Form 2100, Schedule 396) and, if they are part of a station employment unit (a station or a group of commonly owned stations in the same market that share at least one employee) with 5 or more full-time employees, upload to their public file and post a link on their station website to their Annual EEO Public Inspection File report covering their hiring and employment outreach activities for the twelve months from February 1, 2020 to January 31, 2021.  TV and radio stations licensed to communities in New Jersey and New York which are part of an employment unit with 5 or more full-time employees also must upload to their public inspection file their Annual EEO Public Inspection File report by February 1.

For the first time, TV broadcasters must submit a Children’s Television Programming Report that covers a full year and not just one quarter.  Following the FCC’s 2019 KidVid rule changes, which we summarized here, reports are now submitted to the FCC annually by January 30.  Because January 30 is a Saturday this year, the report is due to be filed by the next business day—Monday, February 1.  FCC rules also require that stations place in their public files by January 30 of each year records documenting compliance with the limits on the number of commercial minutes that stations can run during children’s programming.  Note that the commercial limits records are not formally filed with the FCC so arguably the January 30 deadline applies, although an FCC staff presentation indicated that the deadline is February 1.

Interested parties should be aware that comments are due by February 10 in the FCC’s FM booster zonecasting proceeding.  The proposal would allow FM boosters to originate limited amounts of programming (up to 5%—or 3 minutes—of any program hour) different from their primary stations.  Stations could target hyper-local content like local news, advertisements, and weather information to different parts of the station’s coverage area.  Reply comments are due by March 12.  See our blog post, here, for more information.

The FCC is scheduled to hold its next Open Meeting on February 17—the first Open Meeting under Acting Chairwoman Jessica Rosenworcel.  At the time of writing this post, it is unclear what will be on the agenda for the meeting.  The agenda will be available, here, when it becomes available.

Looking ahead to March, any analog LPTV or TV translator that believes that it will not be ready to digital operations by the July 13 deadline has until March 13 to file a request for an extension of that deadline date.  Also, TV operators may be interested in filing comments by the March 8 deadline in the Copyright Office’s Notice of Inquiry looking to assess the impact of the abolition of the statutory copyright license that allowed satellite television operators to import distant network signals into TV markets where there were households arguably not being served by a local network affiliate (see our article here).

These are highlights of the dates to watch in February but be sure to keep in touch with your station’s counsel to stay on top of specific dates and deadlines applicable to your operations.  As the new administration takes shape, watch our blog, the trade press, and the FCC website for more information on new FCC actions.

The Evolution of Music in Video Games

Delivered... Caroline Whiteley | Scene | Tue 26 Jan 2021 12:49 pm

A new look at electronic music’s female pioneers, in limited streaming now

Delivered... Peter Kirn | Scene | Mon 25 Jan 2021 9:17 pm

With film festivals online, many parts of the world get a unique chance to peek into a new feature documentary on women pioneers in electronic music history, Sisters with Transistors.

The post A new look at electronic music’s female pioneers, in limited streaming now appeared first on CDM Create Digital Music.


Delivered... Spacelab - Independent Music and Media | Scene | Mon 25 Jan 2021 8:30 pm
There's no official word yet, but a report from a credible source this is in the early stages of being carried out.
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