Sure, many issues around intellectual property are gray. But contributor Jo Ardalan has a disturbing story: what happens when a fundraising album gets pirated? Did illegal file sharing users know what they were doing — is there a need for a donation mechanism for these services — or is it really this bad? Apologies if this is old news – catching up during travel – but a question well worth considering. -Ed.

We all know piracy forces labels, artists and developers to incur a huge cost. Recently, however, illegal file-sharing cost a bundle for the fundraising efforts aimed to raise money for reconstructing parts of Italy after a recent and devastating April quake. Universal Music and Italian pop artists collaborated on a track entitled “Domani 21/4/09″ that sells digitally for 2 Euros and will later be sold in stores for 5 Euros. According to Variety, the track has been downloaded illegally 2 million times.

Caterina Caselli, who produced the track for free says that this project is (translated from Italian) “sort of ‘mission impossible’: in one project between eighty artists and musicians doing almost everything in one day. All have dealt with air travel at their own expense, technicians and porters have worked for free, as do the catering…Universal does not gain anything.”

Artists inovled are Jovanotti, Ligabue, Zucchero and Elisa and many others.

http://www.variety.com/article/VR1118003748.html?categoryid=19&cs=1
http://discomania2.myblog.it/archive/2009/05/09/domani-21-4-09-con-jovanotti-e-altri-60-artisti-serve-a-racc.html [Italian]

Quick – you’ve got a music file that someone (a collaborator, a client, a friend) needs to hear. How do you send it to them?

It seems countless Web entrepreneurs have new ways for sharing media – there are online Flash-based music editing applications, social networks, elaborate MySpace and Facebook killers. We’ve been impressed with some, like the rich player and commenting and fans on Soundcloud or the ability to create artist/band pages that really work on Bandcamp. (The latter, I do really want to spend more time with.)

But sometimes, these services are overkill. This week, I had to get some revised sound scores to a choreographer so he could have them in a rehearsal. I didn’t want to share them with my network of friends or let people remix them in Flash – I just needed to get them to him in the easiest way possible.

That’s where drop.io is just absolutely gorgeous and lovable. Using something else? This is probably better.

Music DRM may be a thing of the past, online sales may be growing, but that doesn’t mean the U.S. record industry has missed a beat in its ongoing legal and lobbying campaign against music piracy online.

The latest battle starts today in Rhode Island federal court. The difference this time: the RIAA and record companies will have to face a Harvard Law prof and his students. Prof. Charles Nesson and his team allege the industry is abusing the court system, unfairly making “examples” out of the people they’re suing, and invading privacy.

Whatever your feelings about the righteousness of litigation as a deterrent to piracy, the case in particular gets pretty strange. Rhode Island residents Arthur and Judie Tenenbaum face having their home computer seized as evidence, despite the fact that even the industry legal team doesn’t contend this particular computer was used for the alleged downloading. The couple’s son faces a stunning $1 million+ in possible damages, but only allegedly shared seven songs on Kazaa – and the couple didn’t even own the computer when their son lived with them.

The team will be up for interviews, so I’ll try to follow up – let us know if you have questions for them. More here:

RIAA v. Joel Tenenbaum @ the blog CyberOne: Law in the Court of Public Opinion [Harvard Law]

Updated: Early word is that the hearing has been rescheduled, Prof. Nesson isn’t admitted to argue in a Rhode Island court, and the judge (rightfully) denied the RIAA motion to look at Joel Tenenbaum’s parents’ computer, since it wasn’t involved. More official details forthcoming.

In other news, Jim Griffin of Warner Music Group continues to push a plan to offer a blanket license to campuses to avoid litigation by allowing students to pay a voluntary monthly fee to download music from file sharing services. It’s not entirely clear to me why this scheme continues to attack such ire online. Ars Technica rightfully says hold the kneejerk responses and wait for the details. There’s certainly a precedent: clubs, bars, concert venues, and the like already pay blanket license fees for performance rights, and the revenue is ultimately distributed to the people who own the work (think publishers and writers). That’s not to say the plan isn’t rife with potential problems, and it seems to me could even endanger efforts to encourage things like Creative Commons licensing. But without more details, it’s tough to criticize the idea without taking into account both its pitfalls and potential.

One thing everyone ought to be able to agree on, perhaps even some of the beleaguered record labels: ongoing litigation has been ugly and unproductive, and still doesn’t solve the underlying problem. With broad wireless Internet access on the horizon, even if I were to play devil’s advocate and assume I was an RIAA member wanting to stop campus sharing, it seems just scaring campuses into blocking these services isn’t really a solution.

And as artists, our primary concern ought to be that these responses aren’t doing what we most desperately need: establishing a real business model and promotional possibilities for emerging distribution online.

SoundCloud, the music and sound sharing service we saw launch this month has added a very important feature: support for different licenses. When you upload tracks, you can elect to protect your work with a conventional copyright or opt instead for a Creative Commons license. That’s an important feature I’d like to see all these services support. The one thing Creative Commons and conventional copyright advocates agree on is that being explicit about what rights you want to your work is essential.

Naturally, this means not only that you can upload works, but that SoundCloud could soon become a rich repository for CC-licensed work to use as video soundtracks or sample, in the way that Flickr’s CC search has fired up lots of (legal) image use. We have heard some dissatisfaction from readers about SoundCloud’s pricing scheme, but this announcement means SoundCloud remains one to watch — even if you’re not personally uploading to it.

SoundCloud also came up with a unique idea: they created a drop box for CC-licensed works which they played at a party.

You can read about the new licenses and other news tidbits on the SoundCloud blog:
Introducing SoundCloud Creative Commons Support

The wonderful wire to the ear beats me to raising the question of which online music sharing service should rule them all, Bandcamp or the just-public SoundCloud.

I’ll be taking both for a test drive, but as I’m looking at them, any other services we should be considering for a prize fight? Any first impressions on which you like best?

Be sure to vote in wire to the ear’s poll, too; we’ll be watching.

Bandcamp Screencast from Ethan Diamond on Vimeo.