BlueBeat, Inc.
TypeIncorporated in Delaware, U.S.
Founded2003 (2003) (as Music Public Broadcasting)
Headquarters
Santa Cruz, California
,
United States
Key people
  • Hank Risan, CEO
  • Bianca Soros, COO
  • Ted Fitzgerald, CTO
ProductsInternet music service
Websitebluebeat.com

BlueBeat Music (BlueBeat; BlueBeat.com) is an internet music service that features unique sound-alike recordings of previously recorded musical works called “Psycho-Acoustic Simulations.”

Background

BlueBeat Music, then called Music Public Broadcasting, launched in 2003.[1] At the time, founder and CEO Hank Risan said that BlueBeat's song catalog would cover the “full gamut of musical tastes, from 15th Century Renaissance music and ragtime to today’s pop idols.”[1] The BlueBeat website currently claims to offer more than 2.2 million tracks.[2]

Business goals

BlueBeat CEO Hank Risan started BlueBeat to restore degraded 20th century sound recordings, develop and patent a Serial Copy Management System (SCMS), protect digital content from piracy, and ensure that artists and composers receive due compensation for their works.[1]

Psycho-Acoustic Simulations

BlueBeat uses proprietary and patent-pending technology to create sound-alike recordings of previously recorded musical works, called “Psycho-Acoustic Simulations,” based on psychoacoustics, a branch of science that studies the psychological and physiological responses associated with sound (including speech and music). In a 2009 interview, Risan said the Psycho-Acoustic Simulations are "akin to songs performed by 'cover' bands."[3]

To create Psycho-Acoustic Simulations, BlueBeat sound engineers (a) analyze and deconstruct original sound recordings into their component parts, (b) create compositional scores based on the deconstructions, (c) synthesize replacement sounds, and (d) fix the sounds in a virtual 3-D sound stage in MP3 format.[2]

BlueBeat licensing

To lawfully create, broadcast, and distribute the simulations, BlueBeat obtained composition licenses from Harry Fox, American Society of Composers, Authors and Publishers (ASCAP), Broadcast Music, Inc. (BMI), and SESAC. BlueBeat also has Section 112 and Section 114 commercial webcasting licenses and pays artist royalties through SoundExchange. To protect the simulations, BlueBeat Music licensed the Media Rights Technologies’ SCMS Patent Portfolio to monetize and secure its content.

Beatles controversy

In November 2009 BlueBeat sparked a copyright controversy when it offered simulated songs for $0.25 per download, including, for the first time, Beatles songs.[4][5][6][7]

London-based EMI Group Ltd. filed suit, accusing BlueBeat of violating copyright law by offering the Beatles’ entire catalog without EMI's permission.[8] A spokesperson for EMI said the company had "not authorized content to be sold or made available on Bluebeat.com."[9][10] In court filings, BlueBeat asserted that it legally licensed the Beatles simulations and was paying royalties due.[11] BlueBeat further claimed that it lawfully simulated the Beatles songs under the sound-alike provision of Section 114 (b) of the Copyright Act."[12]

After listening to the BlueBeat simulations, Federal Judge John F. Walter issued a temporary restraining order against BlueBeat.com to stop selling the Beatles song simulations online, opining that differences in the sound recordings were not discernible. BlueBeat agreed to stop selling the Beatles simulations until the U.S. Copyright Office issues a registration for the simulations, and settled the EMI lawsuit with no admission of liability for $950,000.[13]

See also

References

  1. 1 2 3 Healey, Jon (June 8, 2003). "Math Wiz Claims Piracy Solution". Los Angeles Times. Retrieved 7 March 2013.
  2. 1 2 "About BlueBeat Music". BlueBeat Music. Retrieved 7 March 2013.
  3. ↑ Martens, Todd. "&A: BlueBeat's Hank Risan on selling downloads, the Beatles and 'psychoacoustics'". LA Times Music Blog. Retrieved 7 March 2013.
  4. ↑ Gray, Tyler. "Hank Risan on BlueBeat's $20 Million Gamble...on 25-Cent Beatles Tracks?". Fast Company. Retrieved 4 March 2013.
  5. ↑ Van Buskirk, Eliot. "Beatles Finally for Sale Online … on BlueBeat?". Wired.com. Retrieved 4 March 2013.
  6. ↑ Anderson, Nate (3 November 2009). "Beatles For Sale—for 25¢ a track. But is it legal?". Ars Technica. Retrieved 4 March 2013.
  7. ↑ Arthur, Charles (November 5, 2009). "Meet the Beatles... re-recording? Bluebeat claims its downloads are legal". The Guardian. Retrieved 4 March 2013.
  8. ↑ Sheffner, Ben (4 November 2009). "Introducing the 'psycho-acoustic simulation' defense to copyright infringement". Copyrights & Campaigns. Retrieved 4 March 2013.
  9. ↑ Smith, Ethan (November 5, 2009). "EMI Sues Site Over Beatles Songs". Wall Street Journal. Retrieved 4 March 2013.
  10. ↑ Cheng, Jacqui. "Psycho-Acoustic' Beatles Recordings Cost BlueBeat $950,000". Wired. Ars Technica and Wired.com. Retrieved 4 March 2013.
  11. ↑ "CAPITOL RECORDS, LLC ET AL. Plaintiffs vs. BLUEBEAT, INC. ET AL. Defendants, CASE NO. CV 09-8030-JST (JCx)". United States District Court, Central District of California. Retrieved 4 March 2013.
  12. ↑ Morris, Christopher (November 5, 2009). "EMI files lawsuit against BlueBeat.com". Variety. Retrieved 4 March 2013.
  13. ↑ "Website to pay $950,000 for posting Beatles tunes". The Telegraph. March 28, 2011. Retrieved 4 March 2013.
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