Facebook changed their terms of service and that is bad news for DJs and live music reviewers. Starting from October 1st it is prohibited to use music in content.
The social network company is releasing this update to shield itself against the upcoming Article 13 law making social platforms liable for copyright infringement.
The terms of service refer to music guidelines in which Facebook writes: “You may not use videos on our Products to create a music listening experience – We want you to be able to enjoy videos posted by family and friends.”
Facebook will remove the video content up to the removal of the page.
“However, if you use videos on our Products to create a music listening experience for yourself or for others, your videos will be blocked and your page, profile or group may be deleted. This includes Live,” Facebook continues.
Article 11 and 13
On April 15, 2019, the European Council voted to adopt Article 11 & 13. Finland, Italy, Luxembourg, the Netherlands, Poland, and Sweden were the only one of the 28 EU member states that were against it.
Article 11 ensures that large companies such as Facebook, Google, and Twitter have to pay for copying news items so that news items are read at the source and not at companies that share the link.
Article 13 stipulates that internet platforms, such as YouTube, must automatically filter user uploads for copyright material. To protect artists, performers, and journalists from missing income.
Each country is given the time to integrate the articles into their law which may differ per country.
Most countries opt for upload filters. Sites are forced to scan every piece of content users publish, and check for a match in the database for copyrighted material. This requires collaboration between platforms and copyright holders.
YouTube is the forerunner of this technique with their Content-ID filter. The filter scans the database for matches. The copyright holder determines the fate of the content. Most opt for shared revenue and geo-blocking.
Mixcloud Select is a subscription-based program to generate revenue with DJ sets.
The platform for DJs uses an intelligent audio fingerprint that ensures revenue is divided among the platform, copyright holder, and the DJ.
Facebook would take the step in the right direction by adopting this technique from Mixcloud. In theory, you would satisfy every party at an affordable membership fee.
Facebook’s Terms of service will go live starting from October 1st, 2020 and this could mean end of story for live music reviewers and DJs except you are licensed to do so.
How will this work out? Time will tell.