On the Impact of False Copyright Infringement Claims on Independent Artists and Other Digital Creators
Over the past 10 years, among other pursuits and adventures, I’ve advised independent artists and artist managers on copyright issues surrounding the exploitation of their music in the Internet Age. I’ve also advised entrepreneurs on the intellectual property compliance implications of their music app and digital media startups.
One interesting unintended consequence that has emerged out of the creation of copyright policing systems by Internet and digital music services is the abuse of these systems by bad actors whose only goal is to curb the success of a particular piece of content (music or video) or the creator of such content.
Services such as Youtube and Spotify have implemented takedown processes to comply with the Digital Millennium Copyright Act of 1998 and limit their liability while maintaining a safe harbor from damages that may arise out of copyright infringement lawsuits. However, bad actors can use these same tools that are meant to help rightsholders protect their rights to instead attack creators in what appears to be economic warfare against artists: false infringement claims and errorneous takedowns.
Takedowns can derail creators during viral momentums, which can be detrimental; especially for independent artists. I’ve advised several clients who’ve been the victim of such an abuse of the system.
Today, Billboard published an article, written by reporter Elias Leight who investigated the use of false infringement claims as a tactic to curb the success of rivals. I was interviewed for the article and provided some of the contextual and technological backdrop for the investigation:
Article Excerpt:
Like other prominent platforms, Spotify responds to infringement claims seriously by removing allegedly infringing songs, and you can report a song without breaking a sweat. Platforms honor an infringement claim whether the intentions behind it are legitimate or not.
“Anywhere there’s content and there’s some system with a trust mechanism to flag violations, there’s an opportunity for abuse and mis-use,” says Dae Bogan, head of third-party partnerships at the Mechanical Licensing Collective. “Bad actors are gonna do what they’re gonna do.”
Article: https://www.billboard.com/pro/spotify-false-infringement-claims/
#TBT Reflecting On Being Named A Billboard 2019 Digital Power Player And Looking To The Future Of Music Rights
Exactly one year ago, I was named a Billboard 2019 Digital Power Player in recognition of my work at the intersection of music rights and technology.
As the founder and CEO of two music rights software companies—TuneRegistry and RoyaltyClaim—I empowered independent music creators and rights-holders from over 40 countries with tools to protect and administer their copyrights in the United States and to uncover unclaimed royalties and music licenses around the world.
I started my career in the music industry as an independent artist and self-published songwriter, then evolved into an advocate of music creators as first an artist manager and eventually the owner/operator of an independent record label and independent music publishing company. Later, I pivoted from being hands-on the music to conceptualizing and developing technological solutions to address some of the challenges I faced while wearing the many hats that I had worn.
Today, I am writing yet another chapter in my career book as the Head of Third-Party Partnerships at The Mechanical Licensing Collective and as a Lecturer of Musicology (music industry entrepreneurship) at the UCLA Herb Alpert School of Music. At these organizations I play a new role in supporting music creators from the earliest start of their careers through the legacy of their musical works.
As I reflect on my passion and look to the future I am excited to imagine how I can contribute in some meaningful way to the careers and livelihoods of thousands of music creators; especially independent artists and self-published songwriters.
Dae Bogan Named A Billboard’s 2019 Digital Power Player
I am honored to announce that I have been named a Billboard’s 2019 Digital Power Players for my work in empowering thousands of independent music creators with the tools and resources to self-administer their music copyrights and unlock millions of dollars in royalties all while retaining 100% of their copyrights and 100% of their royalties.
Billboard November 2019 issue. 125th Anniversary Issue featuring Paul McMartney on the cover.
In two weeks, I will be joining fellow music industry executives and experts at the United States Library of Congress in Washington, D.C. to speak at the US Copyright Office’s Symposium for Unclaimed Royalties Study in advance of the launch of the government-sanctioned Mechanical Licensing Collective, which will administer music royalties for the global songwriter community when their songs are streamed in the United States. I am charged with helping the government frame its messaging, outreach and communications strategy to the thousands of songwriters who are often left out of the conversations. I can’t wait to create a seat at the table for them — for the indies!
You can view the entire Billboard 2019 Digital Power Players list in the November 16 issue of the printed publication and online here: https://www.billboard.com/articles/business/8543390/2019-digital-power-players-list
On Lil Nas X’s “Old Town Road” record-breaking chart success and the propensity of people to discredit the song as not being of good quality:
I am reading social media posts by old people (30yo plus) who assume that consumers care about music quality.
Guess what? They don’t.
We have entire genres of music born out of shitty quality (i.e. mumble rap) and entire genres going extinct as a result of apathy to music quality (i.e. soul).
The youth of today have their own standards for consumption. What matters to youth today is the social aspect of music — that is, how music creates a gateway to a sense of community. This has been going on for some time now, but the rise of social music apps and the growth of the first generation born with cell phones in their hands has exacerbated things.
Music quality need not be measurably “good” against songs we’ve historically deemed good and worthy of chart-topping recognition. For consumption in a streaming and social music era, music needs only to strike a chord with audiences that have the time and incentive to play it on repeat.
Charts, after all, are measurements of popularity and not quality. The latter is too subjective to measure anyway.
Billboard Highlights Dae Bogan’s Course At UCLA Herb Alpert School Of Music Among Its “15 Best Music Business Schools In 2017”
Billboard today published its list of “The 15 Best Music Business Schools In 2017” and among them, UCLA Herb Alpert School of Music was recognized for the work it’s doing to launch a new hybrid musicology and music business degree program.
The article also highlighted the “Music and Entrepreneurship” course that will be developed and taught by me in Winter 2018.
I am honored to be mentioned among the many other programs and educators represented in the article. This comes on the eve of my free music industry entrepreneurship masterclass tour taking place in Brooklyn (9/30), Oakland (10/14), Cleveland (10/21), and Los Angeles (11/18) and the launch of a series of online music business courses that I will be developing under my brand Marcato Academy.
Read the full article here.
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