"Reach out your hand if your cup is empty
If your cup is full may it be again
Let it be known there is a fountain
That was not made by the hands of men"
Thu, 29 Nov 2001 13:40:04 -0800
"Marco Capelli" [...snip...]
An MP3.com Fan has sent you an email!
The following message was sent to you from a visitor to your
page on MP3.com. MP3.com is not responsible for its content.
lost your email, so I'm trying to reach you this way.
We have been informed by KODA,the danish department of NCB,
which administrats composerrights and so on - that your songs
are restricted and may not be used without accept from and
payment to NCB/KODA!
Is this correct?
Michael, MP3 Progressive Music archive
Date: 11/29/01 18:34:02
Great to hear from you.
But this is not good news. I think I'm angry but
maybe hurt. I'll have to look into this. They can't
tell you this.
Could you forward the notice they sent you if you still
have it? We may have to find out if there's attorneys
who can help us.
I wish with all my heart for you to have them free,
(NO CHARGE TO ANYONE. Not you, not me, not someone hitting
your pages.) They can't circumvent that, it's not fair.
I will fight this if I can. Maybe they will try to
make it so that my songs cannot leave my own country
or something? I don't understand who they are yet, or
exactly what they've tried to restrict. So I'll have to
look it up more.
But please know that I want you to keep them for free,
and they are free for anyone who wants to have them or
share them. Why else would I pick "folk" genre to live
in the rest of my life?
Even if this becomes a huge battle, I think I will win
because I'm doing all the right things for all the right
reasons. I know it in my heart.
I'm in Sheboygan instead of home right now so tomorrow
I'll start looking it all up. Do you know if they've
done that with David Rovics or anyone too?
"webmaster DKP ML" [...snip...]
RE: An MP3.com Fan has sent you an email!
Fri, 30 Nov 2001 01:38:09 +0100
Thanks for the swift reply:)
Those bastards from KODA have been on our back for some time now - and
it seems like they're lying - more or less on purpose.
We had to close down the front pages of the MP3site in order to prevent
being prosecuted - now we're working to get it back up....
The mail from KODA (Joern Gullach - firstname.lastname@example.org ) in Denmark is
below, here's the part that mentions you - in a pour translation:
"After a preview of the list I'm able to say, that Erik Clausen, Krist
Novoselic, Jello Biafra, Michael Franti, Allan Rørsanger, Grup Yorum,
Hugh Blumenfield, Søren Sidevind, Marco Capelli, Billy Bragg, Bl!nk,
Bleeder and velour are members of KODA or one of KODA's partner
organizations, meaning the music is part of KODA's repertoire.
Use of these numbers therefore demand permission from and payment to
KODA in Denmark has agreements with the "music-rights organizations" in
almost all other countries - to check the organizations in US:
http://www.cisac.org/cisac/webcontent.nsf/homepage left menu, select
directory and USA.
They're saying that you're a member of a similar organization in US and
therefore all your music is restricted - and you cannot give it away for
free - they have to be paid.
I've had contact with a Danish musician "Alan Roersanger" today, who
claims that he's got no agreement with KODA - but he's also mention in
I'v talked to David about it, when he toured Denmark. He said that he'd
never restricted any of his music or were member of that kind of
organization - except the traveling musicians union. But KODA didn't
mention him in the mails - but they always saying that almost 100% of
all music is restricted.
Well... nice to hear from you - despite the occasion ;)
The rules and regulations does not seem to be in our favor, so I'm not
really sure if we're preparing to go to court and raise a campaign
against KODA/musicrights or we're on the lookout for a server in a
remote country, where KODA has no say.
All the best
----- Original Message -------------------------------
From: "Jørn Gullach" [email@example.com]
Cc: "Christina Paludan Melson" [firstname.lastname@example.org]
Sent: Tuesday, October 09, 2001 9:04 AM
Subject: SV: www.mp3-music.dk
Hej Jacob Toft Pedersen
Den ophavsretlige beskyttelse af musikværker fremgår af ophavsretsloven.
En hvilken som helst kopiering eller udnyttelse af et ophavsretligt
beskyttet værk forudsætter som udgangspunkt rettighedshavernes
tilladelse i henhold til ophavsretslovens § 2.
Efter et umiddelbart gennemsyn af listen kan jeg oplyse, at Erik
Clausen, Krist Novoselic, Jello Biafra, Michael Franti, Allan Rørsanger,
Grup Yorum, Hugh Blumenfield, Søren Sidevind, Marco Capelli, Billy
Bragg, Bl!nk, Bleeder og velour er medlem af KODA eller et af KODA's
søsterselskaber, hvorfor musikken er omfattet af KODA's repertoire. Brug
af disse numre kræver derfor tilladelse fra og betaling af vederlag til
Det er i øvrigt ikke helt korrekt, når du anfører at der ikke skule være
restriktioner på den resterende del af musikken. Dels kan det tænkes, at
der er anvendt brudstykker af musik, som er omfattet af KODA's
repertoire - hvorfor der således skal indhentes tilladelse fra KODA samt
de enkelte ophavsmænd, og dels kræver brug af beskyttet musik, som
eventuelt ikke er omfattet af KODA's repertoire, samtykke fra de enkelte
Med venlig hilsen
Danish Corporations Attacking Musicians And MP3 Distributors
Webmasters giving away songs by artists such as Jello Biafra,
Billy Bragg, Marco Capelli, Michael Franti, and Krist Novoselic
are receiving harrassing letters, emails and faxes from people
claiming to be agents of corporations like KODA and NCB saying
they must stop unless they begin paying fees.
So far it doesn't matter to these corporate officials that
the artists want people to receive their music for free, without
even so much as a nominal fee.
for background and early information.
In related news:
"In 2000, we finally succeeded in obtaining a tariff approval
and in collecting 1.7 mill. DKK for the use of music for aerobic,
dance and exercise in commercial exercise centres. Unfortunately,
KODA had to go via the bailiff's court that issued an injunction
against two of the largest aerobic chains of the country."
[ref]=[ http://www.koda.dk/usr/koda/kodaweb.nsf/default?OpenForm&URL=sider/home_english ]
"KODA wishes to a still higher degree to take into account the
intentions of the legislation on concert halls - an equality of
the rhythmic music with any other serious art forms and a coherent
solution for the whole professional music environment including
the first link of the music food chain - the composers and songwriters."
--ibid. (annual report 2000)
Internet - an Area with Possibilities
"There is not doubt that Internet will revolutionise the distribution forms
of music although the revolution has not yet started for real. The revenues
from the use of music on the Internet are still very limited, but KODA and
NCB have in close cooperation followed the development. In 1997, we introduced
a temporary agreement structure, and today KODA has approx. 100 agreements on
the use of music on the Internet. To this can be added the many members who
promote their music on their own websites without paying KODA.
"In 1999, KODA's Council established the rules for the members' use of music
on their own websites.
"In 1999, KODA and NCB have fixed a tariff for on-line delivery of music of
12 per cent of the sales price with a minimum of 1.50 DKK per downloaded work.
A few agreements have been concluded. However, we all await the move of the
multinational record companies, who awaiting safe technological measures have
not yet started on-line delivery on a larger scale. The merger between America
On-line and Time Warner and later EMI clearly shows in which direction we move."
-- same but (annual report 1999)
What's the logical next step;
levying a fee every time some
little girl asks me to sing her
brother or sister "Happy Birthday???"
Wanna get some of the songs mentioned here? -=([o])=-
(move quick before they get listed as weapons of mass destruction, eh?)