Peter Jenner, rabble rouser extraordinaire, and I had a meeting a few years ago at SXSW where we discussed many things related to copyright, music and the Digital Age. One of the main points during the conversation was that sites like MySpace had provisions in its terms and conditions that claimed a license in the content people uploaded to the site greater than needed. While Peter and I did not necessarily agree on the copyright related issues we discussed, on the need for reasonable terms we did agree.
After SXSW that year, Peter discussed the matter with his client Billy Bragg who was outraged that MySpace would claim a relatively broad license in posted content that could be used for any purpose in connection with the service. In protest, Billy removed his music from MySpace and issued a press release stating his reasons for the action. Within days of the second press release, MySpace revised its terms to clarify the license claimed and the purposes for which user posted content could be used.
Two years later, the issues related to the use of music, and compensation to rights holders, are no closer to being resolved than when Peter and I first met. Not only did I have the wonderful opportunity to hear Billy Bragg perform during SXSW this year, he and I had a few chances to talk. His commitment to civil rights and social justice is as awe inspiring as his music.
Now, in The Royalty Scam Billy has highlighted an even more insidious problem related to the use of music on the Internet–> companies that have based their business models on the use of music for which they have not paid being sold for, or invested in, at high values without sharing the funds with the musicians or other rights holders in the content. Musicians have unwittingly served as angel investors in companies like BeBo and YouTube that use content without paying licenses. Therefore, as Billy implies, musicians should participate in the windfalls that the founders of the companies receive.
