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You Stole 2% Of My Song – Now Give Me 50% Of Your Song. (That’s How We Count ‘Round Here.)

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1.

1.  Listen to the Black Crowes’ song:    Jealous Again

2.  Listen to Gretchen Wilson’s song:   Work Hard, Play Harder

3.  Did you hear anything similar between Jealous Again and Work Hard, Play Harder ?

4.  Verse 1, verse 2 and verse 3 of Jealous Again open with the same simple melody:  3-5-3-2-1-6.

Verse 1:  “cheat the odds that made you”   –   3-5-3-2-1-6    at 0.17 – 0.19

Verse 2:  “always drunk on Sunday”   –   3-5-3-2-1-6    at  0.50 – 0.52

Verse 3:  “never felt like smiling”   –   3-5-3-2-1-6    at  1.49 – 1.51

5.  Each statement of the short melodic phrase, 3-5-3-2-1-6, lasts more than one (1) but less than two (2) seconds.

6.  The 3-5-3-2-1-6 melody only occurs at these three (3) places in Jealous Again.  

7.   Jealous Again lasts four minutes and twenty-seven seconds.

8.  The 3-5-3-2-1-6 melody lasts for less than 6 seconds out of 267 total seconds of  Jealous Again.

9.  The 3-5-3-2-1-6 melody accounts for 2% of Jealous Again.   Two percent.

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2.

1.  Listen to Gretchen Wilson’s song:   Work Hard, Play Harder

2.  At 0.19, Gretchen Wilson sings “I work a double shift on Monday.”

3.  The first five (5) notes of the melody to this lyric are 3-5-3-2-1.

4.  The next note after the “1” MIGHT be “6,” or it MIGHT be another “1” or it might be an indeterminate pitch.  The 6th and final note of this short phrase is not as clear to perceive, in terms of pitch, as are the first five (5) notes of the melody.

5.  Perhaps this 3-5-3-2-1 melodic phrase with an indeterminate 6th pitch, could be called, “3-5-3-2-1-x” or “ALMOST 3-5-3-2-1-6.”

6.  If you are on the Black Crowes side, this melody is 3-5-3-2-1-6 and you want to give Gretchen Wilson “credit” for singing that last extremely short note (or ALMOST note) as “6.”

7.  If you are not on the Black Crowes side, or neutral, Gretchen Wilson’s melody is 3-5-3-2-1-x, where “x” means indeterminate.

8.  Gretchen Wilson sings 3-5-3-2-1-x at the following four (4) places in her song, with these words:

0.19  “…double shift on Monday”

0.27  “Wednesday pouring coffee”

1.12  “I don’t waste my time on”

1.20  “…pay no never mind to”

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3.

1.  3-5-3-2-1-6  is not the same as 3-5-3-2-1-x.

2.  The Black Crowes’ 3-5-3-2-1-6  is not the same as Gretchen Wilson’s 3-5-3-2-1-x.

3.  The Black Crowes sing the short melodic phrase, 3-5-3-2-1-6, three (3) times in their song.

4.  The sum of the Black Crowes’ 3-5-3-2-1 phrases last, at most, 6 seconds out of the 267 seconds of their song.

5.  The Black Crowes’ 3-5-3-2-1-6 statements account for 2% of their song.

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4.

1.  If Artist B copied a less-than-2-second phrase from Artist A (that when repeated in Artist A’song amounted to 2% of Artist A’s song), should Artist A be entitled to 50% of Artist B’s profits?

2.  Is awarding 50% of Artist B’s copyright to Artist A sufficient recompense for the copy of 2% of Artist A’s copyright?

3.  Is awarding 50% of Artist B’s copyright to Artist A excessive recompense for the copy of 2% of Artist A’s copyright?

4.  Do the Black Crowes deserve copyright protection for the less-than-2-second “3-5-3-2-1-6” melodic phrase?

5.  Were the Black Crowes the first to compose/create the less-than-2-second “3-5-3-2-1-6” melodic phrase?

6.  If they were NOT the first to compose/create the 3-5-3-2-1-6 do they own copyright in 3-5-3-2-1-6?

7.  Can one own copyright in a less-than-2-second melodic phrase?

8.  Can one own copyright in the Black Crowes’ specific  less-than-2-second melodic phrase, i.e. 3-5-3-2-1-6?

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The questions above can be answered.  In addition, there are many more questions to pose and answer, as well as important concepts and theories that could be considered.

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Did Gretchen Wilson infringe the Black Crowes?

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Did Gretchen Wilson infringe the Black Crowes?

I want to continue from what I had introduced in my February 28, 2013 post – Preying On Songwriters…

From February 28, 2013:

Songwriter A’s publisher and/or attorney receive(s) a letter from songwriter B’s publisher and/or lawyer telling Songwriter A that her new song has ripped off or infringed or copied or stolen Songwriter B’s song.  Publisher A/Attorney A informs Songwriter A that we better fix this.  The way to fix this?  Songwriter A simply and quickly needs to fork over half of A’s copyright and future royalties on her song, and make sure that Songwriter B’s name appears everywhere that Songwriter A’s name appears on this song.  All future royalties will be split between A and B.

Or another sharing scheme could be worked out.  If not 50/50, perhaps 55/45, 60/40, 65/35, 75/25, etc., and the larger percentages could be assigned to Songwriter B.  Songwriter A might not only lose a lot now and for generations of nameless/faceless descendants (copyright is nearly eternal in length), but Songwriter A might get marked as an easy mark for others to attack in the future.

Why should this happen?  Can someone simply assert that you, the Songwriter, have stolen someone else’s music?  Does the fact that someone alleges theft make it a theft?  Are you guilty because someone with more (A)  power, (B) influence or (C) money (A, B, C, A+B,  A+C, B+C, A+B+C) asserts so?  Does that more powerful person have any alternate and/or better idea(s)?  Has that more powerful person investigated other solutions?  What can you, the Songwriter, do?  Do you admit to the “facts” with which you have been confronted?  Is there a loved one, friend or family member who can help? Do you need emotional help?  Do you need financial help?  Do you need legal help?  Do you need MUSICAL help?  Or do you need every kind of help just mentioned and more?

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The post in essence came down to this situation involving two songs and two songwriters (or two sets of songwriters):

“Songwriter A’s publisher and/or attorney receive(s) a letter from songwriter B’s publisher and/or lawyer telling Songwriter A that her new song has ripped off or infringed or copied or stolen Songwriter B’s song.”

Next, what are the options for the Accused, i.e., Songwriter A.

Here are a few:

Songwriter A ignores this and Songwriter B abandons the idea.  It’s too much trouble for Songwriter B and everything is forgotten.  This was just a hollow threat from Songwriter B and/or Songwriter B’s publisher (or B’s publisher and/or lawyer).

Songwriter A wants this matter to go away.  Songwriter A decides to give Songwriter B 50% of all future royalties.  Songwriter B is happier than Songwriter A, but the problem has been resolved and the problem goes away.

Songwriter A discusses other options with one or two associates (or more – her team, or her team that becomes wisely supplemented) and then negotiates a better solution.

Songwriter A explores options that could include disagreement with Songwriter B’s team and the exercise of A’s legal rights.

Songwriter B could, at any point, “up the ante,” “lawyer up,” “throw more at the wall and hope something sticks,” or more.  (Insert your own cliches, tired or not, to describe/predict the next steps for Songwriter B.)

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Earlier this year I was told that Gretchen Wilson had to part with some of the copyright ownership/publishing of her song,

Work Hard, Play Harder

This was supposedly due to the fact that Gretchen Wilson’s Work Hard, Play Harder infringed the Black Crowes song, Jealous Again.

If her song infringed their song, it would follow that Jealous Again was written before Work Hard, Play Harder and that Gretchen Wilson had the opportunity to hear the Black Crowes song.  Is it reasonable to believe that Gretchen could have had the opportunity to hear the Black Crowes song?

And if a significant portion of her copyright (50%, possibly) was transferred to the Black Crowes because she supposedly infringed their song, then it would follow that one would hear the Black Crowes song when one plays the Gretchen Wilson song.

And it should follow that one would strongly be able to hear Gretchen Wilson’s song when one plays the Black Crowes’ song.

And it should follow that in order for half of Gretchen Wilson’s copyright and publishing and royalties to be transferred to the Black Crowes, a substantive amount of the Black Crowes song was copied by Gretchen Wilson.

Here is Gretchen Wilson’s song:   Work Hard, Play Harder

Here is the Black Crowes’ song:    Jealous Again

Listening to these two songs, can you hear what was infringed?  Can you hear what was copied without permission?  If you can hear what was copied, is what was copied significant?  If you can hear what was copied, is the copied expression protected by copyright, or is it not protected by copyright?

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On a different note and one that might be illustrative later, I have many other questions about the beginning of this accusation – you did me wrong, now pay me – process.

Who was the first person to claim that there was an unauthorized copying problem?

Did this person work for the Black Crowes?

Did this person work for the Black Crowes’ publisher?

Does this person work for the Black Crowes’ management?

Does this person work for the Black Crowes’ lawyer?

Did this person know someone who worked for the Black Crowes?

Was this person a fan of the Black Crowes?

I would like to leave the reader with a few questions I posed above.  Please feel free to state your opinion.  I know mine very well but I want the input/opinion of others.  I really want the input/opinion of others.  I am not just being polite – I want the input/opinion of others.  (I’ve just stated that three times – surely I mean it!)

Listening to these two songs, can you hear what was infringed?  

Can you hear what was copied without permission?  

If you can hear what was copied, is what was copied significant?  

If you can hear what was copied, is the copied expression protected by copyright, or is it not protected by copyright?

This conversation will continue very soon.

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The Amorphidity of the Organic Internet, Christian Tiger School, Tom Jones & Crosby, Stills, Nash & Young Singing A Song of Paranoia

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The Amorphidity of the Organic Internet, Christian Tiger School, Tom Jones & Crosby, Stills, Nash & Young Singing A Song of Paranoia

I feel the need to recount two (2) fun diversions I had recently –

1.

One – I met the manager of a band from South Africa known as “Christian Tiger School” – CTS describe themselves as “a psychedelic/dream hip-hop duo from Cape Town, South Africa, comprising of Luc Veermeer and Sebastian Zanasi.”  I like this video to their song, Carlton Banks, for its personal DIY element (I like the music as well).  I think too many bands and artists spend large amounts of money on video and effects when more handheld, low tech informal type clips would make fans and strangers very happy.

DIY is fun.  Spontaneous is often much better than meticulous preparation.  Meticulous preparation that poses as fun, spontaneous and non-meticulous (perhaps Carlton Banks) can also be highly effective.

I like the search engine possibilities – the SEO-ness – of a name that includes the word, “Christian.”  (Did you know that another term for “natural” or “unpaid,” with respect to search engine results, is “organic?”  (Surely the Organic Internet is as organic as Organic Coke.)  I like the slipperiness, flexibility and amorphidity (my word) of our contemporary English – that something as completely non-organic as electrons and the e-Internet/the i-Internet can produce something, “organic.”  I learned this meaning of “organic” from Wikipedia.  As you might imagine, this lexicographic gem caused me to don my wings and  exude the joy joy joy joy in my heart.

Will Christians in search of praise stumble upon Christian Tiger School and be angered that they were suckered in by a band they thought might be on a mission to turn wild jungle animals into gospel-loving Christian animals fit for a ride on Noah’s ark?  Or will those in search of “Christian” be happy to have stumbled upon OkayAfrica.TV by way of Christian Tiger School?  OkayAfrica.com has its own YouTube channel (of course) and if it’s Africa, how can Femi Kuti be far removed?  And then that leads to Femi Kuti and Common live in Central Park again via OkayAfrica via Christian Tiger School.  At the end of the Common & Femi Kuti interview excerpt there is talk of “revolution.”  And “revolution” is pertinent to Thing Number 2.

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2.

Two (Thing Number 2)

While perusing Christian Tiger School, I came across this  –  Tom Jones & Crosby, Stills, Nash & Young performing David Crosby’s Long Time Gone.  No.  Really.  I’m glad that this was captured and uploaded to YouTube as this bizarre pairing (the pairing of Tom Jones & CSN & Y, not the pairing of C + S + N, and then Y) is otherwise too hard to imagine and describe especially for one who was extremely active during that time period.

In the 1960’s (time for a footnote – look below later), Tom Jones was “one of them,” i.e. not one of the important musical artists revered by American youth.  Tom Jones seemed to be one of THEM, i.e., the older generation – the people who often hated what we young people LOVED.  The phrase, “generation gap,” referred to the enormous set of differences between young and old people, and especially children and parents.  When it came to music and culture of the 1960’s, the generation gap was at its widest.

Tom Jones as an artist did not have a message – he was not saying anything pertinent to 60’s youth culture.  That could have been because Tom Jones was a singer and interpreter of other peoples’ songs –  he was not a songwriter and in the 1960’s, musical groups favored by youth were usually known for their sound as well as their messages, lyrics originality and originality of their songwriting.  (Of course, sometimes not having a message can be a very good thing as the particular message can be too topical, too dated and not age well.)  In the 1960’s, artists who had a message, or messages, points of view, attitude, angst, or incited audiences to act or commiserate with the attitudes (or platitudes) of young people, were highly valued.  It was not required that artists have “attitudes” or reflect their audiences, but it seemed to be widespread.  Tom Jones was “just a singer,” although one with a powerful voice, excellent intonation and great musical ability and agility.

Tom Jones was a singer of Top 40 hits, not deep and deeply-placed album cuts.  His songs were meant for a large public, not a small subset of the public that listened to album cuts on FM radio.  (Again, us vs. them.)  Tom Jones was the Big Voice of big hit songs such as Delilah, or It’s Not Unusual, or What’s New Pussycat?  Tom Jones was not a musical artist associated with the artists that were favored by America’s youth – Tom Jones did not fit in the pantheon of Bob Dylan, The Beatles, The Rolling Stones, The Doors, The Grateful Dead, Jefferson Airplane, Jimi Hendrix, Janis Joplin, etc.  (The fact of Jones’ exclusion from this group of groups might also speak to the shortsightedness and rigidity of classification of musicians, as well as shortcomings of music journalists of those times as well.)

But then there is paramount performance of Long Time Gone by Tom Jones with CSN & Y which I did not see, hear or believe possible in the 1960’s.  I discovered it this month (July 2013),one century removed from the crazy 1960’s.  The original 1969 recording of David Crosby’s Long Time Gone is the penultimate song on Side Two of the great debut Crosby, Stills & Nash album – one of my favorite songs on the album.  The original recording is done at a faster tempo (108 beats per minute – BPM) than the Tom Jones version (95 BPM).

The Tom Jones version is slower and more compelling than the original.  If this (Long Time Gone) is the actual beginning of that live performance, it is one that started out with a great deal of energy and vocal power.  This slower version (Long Time Gone) seems built for Tom Jones as there is more time and space for him to be more virtuosic and forceful.  CSN & Y seem to be more on their game as well with Stephen Stills singing at his most soulful.  I especially love watching David Crosby’s reaction of amazement to Tom Jones’ mighty singing from the outset – it seems Crosby is quite elated by hearing Jones’ profound effort in recreating Long Time Gone.  There is the studio version Crosby wrote, sang and recorded with CSN & Y, Long Time Gone, and then there is the Master’s Version, Long Time Gone, sung by Tom Jones.  Although Tom Jones’ performance might seem like a throwdown – Tom Jones’ flawless and heated performance of Long Time Gone – I believe it is Jones’ strong effort to show respect for a good song and fellow musicians.  (On a side note, there seems to be something cut out of this song – perhaps the odd edit that took place at 2.54 – 2.55.  I wish every second of this actual performance could have been on this YouTube clip.)

This performance of Tom Jones with CSN & Y was new to me but my respect for Tom Jones was boosted post-1960’s as I learned of Tom Jones’ friendship, collaboration and/or work with other artists including The Chieftains, Frank Zappa and Janis Joplin.  I have enormous respect for Tom Jones, the superb, creative and original musical artist.

Christian Tiger School led me to the fantastic performance of Long Time Gone by Tom Jones, David Crosby, Stephen Stills, Graham Nash and Neil Young.  I am very happy for all of the oddness that came out of a simple short search one day in July.

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My first footnote in an emichaelmusic.com post –

F O O T N O T E  (yes, right below):

[The 1960’s began when The Beatles came to the U. S. and appeared on The Ed Sullivan Show (February 9, 1964) and lasted until President Richard Nixon resigned (August 9, 1974).  Not January 1, 1960 through December 31, 1969.  Decades ignore the Julian Calendar.  Decades are better and more interesting than those specific ten (10) chunks of twelve (12) months.]

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“The phone is at the forefront of the future”

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“The phone is at the forefront of the future”  (imagine those words spoken with cave-like echo)

Have you heard the news?  Not the Elvis Presley, “Have you heard the news, there’s good rockin’ tonight!”

No, this news:

“Jay-Z has always been a trendsetter and he is continuing that by being the first artist to distribute his music and connect with fans in a mobile environment.  This is a move to watch.”

From the company’s press release we learn the following:

“Technology now provides us with the opportunity to deliver music in new ways.”

That sentence could just as easily have applied to the development of the pianoforte, aka, the “piano,” in the 18th century.  But this new technology sentence is used in connection with Jay-Z.

“The…phone is at the forefront of the future which includes buying music instantly and taking it with you wherever you go.”

“Buying music instantly…”  That “instant” aspect of the trick was what Amazon accomplished in 1999 with its infamous “one-click” patent.  This “ooh aah, imagine that!” patent allows a customer the ease to only click  a mouse once and be done with the purchase.  It’s fast and simple.  And despite millions of people using it, thousands assailed the U. S. Patent and Trademark Office for granting such an “obvious” (and dunce-headedly simpleminded) patent.  The E. U. is often not as slipshod as the U. S. in awarding patents and refused Amazon’s one-click patent application stating that the patent lacked the “inventive step.”  Again, the company’s quote above is used in conjunction with Jay-Z.

More of the phone hype:

“…phone represents the company’s commitment to music and developing devices that match the lifestyles of consumers…”

and

“…this relationship pairs the leader in mobility with a leading artist to deliver music and the full fan experience in a unique new way.”

And now some more Jay-Z hype from the company’s same press release:

“An entrepreneur at heart, Jay-Z has risen to the top of the rap genre since starting his own record label, Roc-a-Fella Records…”

This Jay-Z/Phone news, or Phone/Jay-Z news, has been reported in dozens of online and offline media outlets and appears to be the marriage of digital distribution, hip hop and mobile technology.  But wait – that’s a marriage of three (3).  Even the U. S. Supreme Court won’t let three (3) be united as one (1).  But I digress.

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What’s noteworthy about what I’ve written above is that it is not from an important tech/mobile/hip hop/branding/endorsement news story of July 2013 but from an important tech/mobile/hip hop/branding/endorsement news story of December 2003, ten years ago!  A few of the statements above are true – the story does involve a new phone, new music included with that phone, new and exciting branding news, and Jay-Z.  I left out the name of the company from 2003 that joined forces with Jay-Z, as well as the names of the new phone and Jay-Z’s new music.

The phone was the then new Nokia 3300.

The music was the then new Jay-Z Black Album.

Back in December 2003, the Jay-Z phone foray began when Nokia offered a “Black Phone” that was the companion cell phone to Jay-Z’s “Black Album.”  This was billed as a music and wireless industry first.  (Very coincidentally, I was expert witness in a matter involving DJ Danger Mouse’s Grey Album, a brilliant and creative mashup of Jay-Z’s Black Album, Jay-Z’s Black Album release that featured only vocal tracks, and the Beatles White Album aka The Beatles.  The Grey Album is still the most famous/infamous mashup ever and an enormous subject on which I should elaborate at another time.)

Co-branding and the unusual affiliation between musician(s) and tech companies was unusual in 2003 but the biggest co-branding between a mobile music device and a musician, however, came one year later, in 2004, when Apple introduced its U2 iPod which featured the new U2 album, How To Dismantle An Atomic Bomb.  The new red and black iPod was a success in its limited special edition release.  In a red and black case it looked like this.

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The biggest and most hyped music news of July 2013 seems to be the new alliance between Jay-Z and Samsung.  This deal is very good for Jay-Z as Samsung has bought 1 million copies of Jay-Z’s new album, Magna Carta Holy Grail.  (Warning – Magna Carta Holy Grail begins with Justin Timberlake singing.  And he’s singing in a very high register. This is a hip hop album?  A hip hop album that does not begin with a skit?)  Jay-Z received $5 million for the 1 million copies.  Magna Carta Holy Grail will be free for the first 1 million Samsung phone users who download the app.

Articles about the Jay-Z/Samsung alliance are found in

Engadget

USA Today

NPR

Forbes

My favorite of these is this particular Time story for which I was interviewed:

Time

What has interested me for several years, and is discussed in the Time article, are albums as apps and artists who create apps and content – music and visual – for apps.  My favorite has been Bjork’s massive and adventurous, Biophilia.  Here is a “tour” of the app – how it was conceived, designed and implemented.  Tour of Bjork’s Biophilia

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What negatives or potential negatives are there in this Samsung Jay-Z relationship?

Privacy

Privacy.  A hip hop album and privacy?  As with anything that is digital, online, travels online and especially resides in a device that relies on the Internet for its transmission, there will be privacy concerns.  Because of all these aspects, there will also be legal ramifications, data tracking and privacy concerns, and new bizarre powers enabled by this potent concoction of technologies.  For example, should Jay-Z be able to track you via GPS?  (It’s one thing to be on an artist’s email list but quite another to be cyber-scrutinized by an artist.  From NME:  Privacy Issues Raised Over Terms And Conditions Of Jay-Z’s Samsung App.

The privacy problem is even more problematic (too easy and obvious a Jay-Z “99 problems” joke) as the Electronic Privacy Information Center (EPIC) is asking the Federal Trade Commission (FTC) to investigate.  This is not what one might suspect from many hip hop/rock/pop albums – warning stickers about lyric content that were voluntarily “awarded” (stuck on) the album packaging.  No, I would suspect that this is the first album to ever warrant  federal government inspection over privacy concerns as data mining meets music meets telecoms meets Internet.

Leakage aka Piracy

Leakage aka Piracy.  Because it is digital, it should be no surprise that Jay-Z’s album-inside-a-Samsung has already been hacked onto an HTC device.  Soon, Magna Carta Holy Grail will leave the Samsung Galaxy and be all over the more impressive galaxy.

Here is another account of the leak of Magna Carta Holy Grail (Spin, July 4, 2013).

It’s been hacked.  It’s been leaked.  It’s been copied.  It’s been transmitted.  Ho hum.  It’s digital.  This happens to digital.

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Will Jay-Z/Samsung turn out to be as forgettable 10 years later as Jay-Z/Nokia?  Or the Apple U2 iPod?  (Speaking of the iPod – just what is an iPod?  Are there many iPods in 2013?  Aren’t small dedicated music playing mobile devices now subsumed within every mobile phone?  Sadly, iPods and mobile devices could hold much more content than they do but the tech companies would prefer keeping the devices small and the clouds large so that we will continue to buy and rent all of our intellectual property.

It’s not enough to love your IP – you need to pay for it in

many ways over many days and many decades.

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Loathing, Litigating & Legislating; Adventures in Piracy & Final Thoughts about 2013 New Music Seminar

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This will be my last RECAPTURE-OF-MY-TWEETS post for now – that is, the last RECAPTURE of the 2013 New Music Seminar.  The over-arching theme – that the rapid growth of  technology is a fact of life that those in the music and entertainment industry must confront – continued.  The creators of audio and visual have always benefitted from new technology especially after they loathed, litigated and legislated against it.

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1.  3 Trends in Digital Music – Social networks, BitTorrent trends, What drives sales? #nms13

(Trends in digital music were examined from these three (3) perspectives:  Social networks, BitTorrent trends and What Drives Sales.  Fortunately at this event in New York City, accounts of BitTorrent usage were dispassionate and objective unlike in the past, in cities that were not named, “New York,” when speaker after speaker merely railed about the evils of the Internet, technology and BitTorrents.  Surprisingly, railing against the Internet, technology and BitTorrents is still expected and favored  in some circles.)

2.  Percentages FB 58, Twitter 35.5, YouTube 5.4. Most online fans – USA, UK, Brazil, Canada, Indonesia. #nms13

(The three most common means of finding music online were Facebook, Twitter and YouTube and in those percentages:  58%, 35.5% and 5.4%.  The five countries with the largest number of music fans were the USA, UK, Brazil, Canada and Indonesia.  Of course, the social media services and amount and location of online fans is extremely fluid and results will change soon.)

3.  Fans who follow online vs fans who listen online #nms13

(Fans who follow artists online are more passionate than those who are online merely to listen.  The term, “super fan,” is used to describe the former.  Artists prefer superfans as superfans are superspenders.)

4.  BitTorrent trends – more and increasing. Huge growth in movies, film, TV, then Adult (yes, that stuff) #nms13

(That term, “adult,” means something other than a person who is 18 or 21 years of age.  Adult entertainment is more visual than audible.  Adult entertainment is more widespread and of more financial value than the audible/music I prefer.  Again, dispassionate dialog about the facts of Internet usage continued.)

5.  BitTorrent is increasing more in underdeveloped countries. Fastest growth – Brazil. Fastest shrinking – USA #nms13

(Getting intellectual property (IP) for free is extremely common in poor countries and countries that are moving out of poverty and developing a middle class.  The United States was a nation that violated IP laws and agreements dating from the time we were The Colonies, in the same manner as other developing countries do so in 2013.  Accusing developing countries of “piracy” is not new.  Economic conditions of developing nations contribute to lax copyright, patent and trademark enforcement.)

(Someone at #nms13 defined piracy – I regret that I do not remember who said this or exactly how it was said – as the name for practices that have not yet been monetized.  My first adventures in piracy came from using a reel-to-reel tape recorder, then progressed to the lethal videocassette tape recorder (VCR), then to my M A S S I V E L Y large dual cassette boombox tape recorder (this was a Weapon of Mass Destruction that somehow the music industry survived) then my incredibly powerful Apple Macintosh 512K computer with its drive that could read singe-sided floppy-disks that could store an enormous (400K) amount of data (on the one side of the disk that could function) and best of all its ability to copy digit “0” and digit “1” (a computer does “COPY” function best), to better and smaller (and larger) gadgets.

(A great amount of “piracy” becomes “business.”  Technology threatens business as usual until it becomes business as usual.)

6.  Greatest reason for growth in BitTorrent? Fewer legal options available. (Remember Napster?) #nms13

(The importance of legal options cannot be underestimated.  Millions have and will continue to pay for services that are “free” IF the pay services have value and are easy to use.  The best example is bottled water in a country that has significant infrastructure that can deliver water – the United States and every 1st and 2nd world nation, for example.  Water will always be free yet millions pay millions of dollars to buy “free” water.  Millions feel, obviously, that is it worth paying for the convenience and added value of bottled water.)

7.  SoundCloud is fastest growing (more than FB, TW, etc as place to hear music) #nms13

(SoundCloud is extremely popular because it fulfills an important need and does so with such simplicity and clarity.)

8.  Search, file sharing, Global LastFM plays are three most frequent uses of Internet internationally. #nms13

9.  Conclusions: Collecting fans does not necessarily convert to sales. Some BitTorrent users are good customers. #nms13

10.  “I heard myself on the radio and quit singing. My producers were the worst in world.” David Kahne (great dry humor) #nms13

AND THEN CAME THIS important BREAKING NEWS (again relayed by my tweets):

11.  Just filed to ESPN: The Patriots are signing QB Tim Tebow and expect him to be in minicamp tomorrow

12.  I was in Manhattan when Iran kidnapped our diplomats & now in Manhattan wearing a Red Sox polo shirt when Patriots sign Tebow. One’s tragic.

(I meant to leave that silly thought that one of these events is “tragic,” dangling, not quite like a dangling participle but dangling nonetheless.  I looked forward to friends’ and readers’ in-put and put-in they did.  Tim Tebow news seems to be bigger, more important and impactful than even Kardashian news.  But as a Boston sports fan, I knew that this non-important story would rock the sports world and give a great hype boost to the coming NFL season, as if the NFL ever needs more hype.)

(I was on the steps of the legendary Biltmore Hotel in Manhattan on Sunday, November 4, 1979 when I read on the front page of the New York TImes that a mob in Iran had overrun our embassy and taken 53 of our citizens hostage.  That was the beginning of a 444-day long odyssey and an event that made life more complicated and dangerous for our citizens who would ever travel to the Middle East, then and now.  Yes, this was a bigger event than a professional football team signing a 3rd-string born again Christian quarterback.)

And now, BACK TO #nms13 :

13.  Points from this session: 1) Producer has to tell the artist s/he is great. 2) producer must be a psychiatrist #nms13

14.  Producer’s most troublesome distractions? Artist’s manager, artist’s record label. #nms13

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For my next post, I want to turn to this short article a friend posted on Facebook:  The 30 Harshest Musician-on-Musician Insults in History as I believe the article missed the greatest, most effective and significant insults, and I am leaving aside even greater vitriol that has taken place in Classical music/art music.

 

Continue reading “Loathing, Litigating & Legislating; Adventures in Piracy & Final Thoughts about 2013 New Music Seminar”

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Managing Music Artists – My Tweets from 2013 NMS

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2013 New Music Seminar

M A N A G E R S      M O V E M E N T 

(June 10, 2013)

The second session of the New Music Seminar I attended was the Managers Movement.  The speakers were “Blue” Williams (President, Family Tree Entertainment), Jake Gold (President & CEO, The Management Trust), Lee Trink (President, Dare Might Entertainment), Robert Fernandez (CEO, Famous Artist Music & Management), Dean Raise (Artist Manager, C3 Management), Jason Foster (Owner, We Are Free) and  Steve Rennie (Founder, Renman Music & Business).  I did not look at my program so I did not use their names in my tweets.

What follows are my tweets about the panel.  Text in parentheses were my opinions and not necessarily those of the speakers.  The italicized text that follows some of the tweets below are my comments on specific points of the panel.

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1.  Good songwriting panel. If artist works a song hard & will make the song, it’s ok for songwriter to part with 10% publishing #nms13

2.  Linda Ronstadt was an artist content w/being an artist. She didn’t seek part of writer’s publishing. #nms13 Many aren’t this ethical

(Elvis Presley was mentioned as one who would record and expect a piece of the publishing pie in return.  He was forgiven by the panel because “HE’S ELVIS,” and if St. Elvis of Tupelo (not their term for the Deity) records your song, your career has gotten a big bounce.  It was and will always be OK to give Elvis some of your publishing in exchange for the favor of recording one of your songs.)

3.  Songwriters need to work on their weaknesses by seeking out those who can help/instruct them in their weak area. (Yea to education) #nms13

4.  Mali Music is getting tons of praise from many on this panel. #MaliMusic #nms13

(MaliMusic were thrilled that I hashtagged them and started a correspondence with me.)

5.  At Managers discussion – it’s not a new business, it’s still getting clients message out but with many new ways. #nms13

6.  Many more albums are being made but just because they can be made doesn’t mean they should be made. #nms13

7.  Record label functions still need to get done but they can be done by non-record people. #nms13

8.  @Nigeria17 @TeamMaliMusic I look forward to getting to know your music better. Thanks for the mention. #nms13

9.  Band doing it on their own. Should they work with label? Depends on what label can do for them. #nms13

10.  How to get band to “next level?” TOUR nonstop. (That’s simple & ages old advice.) #nms13

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11.  Bands have more power as “walls of distribution come down.” Labels’ power has deceased. (Obvious in 2013.) #nms13

12.  Labels look to and respect managers more now. Managers have to work harder, therefore be more select about who to manage. #nms13

13.  Separate deals in each country in order “to keep everyone on their toes.” Management advice in dealing with bands. #nms13

14.  Politics of labels can subjugate bands’ and labels’ interests. (A constant truth) #nms13

15.  Labels should care about a release rather than “take a shot in the dark.” #nms13

16.  One should manage a band one likes b/c one can get money back, but not time. #nms13

(Although perhaps this is “touchy feely” or touchy feely to the extreme, it is sage advice.  Wicked sage as we say in Boston.  One can make money and “get back” money but even with scifi, Google and tech, we still cannot get back time.  Yet.)

17.  Managers need to get fans attentions to do more than just click. How can you get them to spend time & attention? #nms13

18.  90% of band’s & manager’s money comes from live shows & merch. That has been and will always be. (World without end, amen.)

19.  Hip hop world is complete opposite of pop in generating revenue – they can’t do as many live dates. Turn to clothing etc lines. #nms13

20.  Labels are clueless about marketing to those over 30 and have given up (spoken by hip hop manager) #nms13

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21.  What are best new means to promote bands? Twitter, social media etc. but it is a struggle with destroying all mystery. #nms13

(The hip hop manager made a great point – that one can overdue and over-share via social media, and that this can turn the artist into an average, everyday uninteresting person.)

22.  Keep mystery of a band. Have good relationships but maintain some mystery and distance. How to have mystery but familiarity? #nms13

23.  Artistry, celebrity and fame have become blurred. As one learns everything about an artist, than the artist becomes just average. #nms13

24.  Many artists more likely to post photos on Instagram than use Twitter. Photos are better, easier and maintain some privacy. #nms13

(Instagram is “instant” (duh) and harder to do wrong than using too many words (ha ha ha) of Twitter.  140 characters have hurt and nearly destroyed careers.  My wild guess, based only on my own work and observations and not any formal study, is that Instagram has not hurt as many artists and celebrities as Twitter, even if a picture tells a thousand words.)

25.  Be very mindful of what you post on social media sites as the social media companies own everything you post. #nms13

(Facebook has one the clearest “Statement of Rights and Responsibilities” (SRR) that is tantamount to a terms of service (TOS) or end users license agreement (EULA).  It’s always “fun” to have even more acronyms enter the public discourse, isn’t it?  I expect to see a DWWS (Do What We Say) agreement or from the film, “Shawshank Redemption,” YABTM (Your Ass Belongs To Me) agreement.)

26.  Very good quote of Seth Godin – important to direct email as you own that and better financial results. #nms13

(I have found the study of technology, social media, mobile devices, and communication, as well as the business and legal issues surrounding these nouns, much more helpful in understanding the present state of the music and entertainment industry.  I’ve always believed that outsiders bring more objectivity, creativity and original thinking and actions to a field.  Famously, it took an outsider, Steve Jobs, to show how a digital music market should work.)

27.  Managers want to keep labels from owning artist’s social media. (I hope managers can succeed but artists have messed this up) #nms13

28.  Do not find managers by looking on Facebook. Referrals are good but it is hard to find a manager. Start “working in your scene” #nms13

29.  Artist needs to be patient when trying to find a manager. Build your name by hard work. Book yourself, etc. #nms13

30.  (Be suspicious of manager who seeks out and wants to manage an unknown artist. I see this happen frequently. Had to write this.) #nms13

(This was not discussed but I have seen unscrupulous manager-wannabes, publishers and others go after young, naive artists and bands.)

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31.  Don’t solicit a manager by Twitter. Very lazy. (Hip hop manager who hates the laziness and Twitter for this.)

32.  Artists sometimes think the hard work was making the album. But the hard work comes next (touring etc). #nms13

33.  Why should a manager care more about the artist’s career than does the artist? #Lazyisbad. #nms13

34.  “Do you have 10 years of NO in you?” Before you will get recognized? You = The Artist #nms13

35.  Most big artists began playing to empty rooms. (Cream on their first US tour.). #nms13

36.  In music there is very serious ADD. “The Internet is wafer thin.” One needs to play shows & get attention. #nms13

37.  Led Zeppelin never played on TV because their manager knew they wouldn’t be very good on TV. #nms13 #Knowyourstrengths

(Led Zeppelin didn’t look good on television?  Have you ever seen a more unhappy Eric Clapton and Cream on the Smothers Brothers Comedy Hour?  They are lip and instrument syncing to Anyone For Tennis?, one of their three (3) breakup songs from their farewell “Goodbye” album.  This silly yet horrifying YouTube clip ends just as a few frogs are about to begin croaking the words, “Cream, Cream, Cream.”  Unfortunately the frog croaks have been cut from this upload but I have the original and will attest under oath that even the frogs are unhappy about their croaking performance with Cream on a Sunday night television comedy show.)

38.  Manager needs to be able to leave ego at the door. Carry equipment, keep learning, do every job – this is vital! #nms13

39.  “The Truth shall set you free. By that I mean the truth will get you fired!” (in management, spoken by hip hop manager) #nms13

40.  “We are not dimmer switchers. We are lights on, lights off!” #nms13. Managers’ need to be decisive.

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41.  Best artists do not have a backup plan. (Tough advice for many.). #nms13

42.  Kid Rock had his ass kicked for 10 years – lots of failure. “He start at the ass end of it.” – Kid Rock’s manager #nms13

43.  Again, to become a manager, do every task imaginable to learn the nuts and bolts and what needs to be done. #nms13

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My next post will be my final comments on 2013 New Music Seminar.  #nms2013

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State of the Music Industry – My Tweets from 2013 NMS

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New Music Seminar

S T A T E    O F    T H E    I N D U S T R Y      P A N E L    

(Monday, June 10, 2013)

On Monday, June 10, 2013, I attended the first full day of the 2013 New Music Seminar.  I brought my iPhone 5 and my iPad.  I had not planned on tweeting the event or even one panel but things changed and I started to tweet.  It was not the best environment for tweeting because…

There was no wifi for the audience.  No doubt, that could have been a factor in preventing many from tweeting – why should someone use up valuable metered data just to tweet about an event?  Tweeting is still far from the norm at a music industry conference – by that I mean only a minority of an audience or participants in music industry events tweet about the events at the event.

The first session I attended was the first of the conference – State Of The Industry.  The speakers were Frank Cooper (Global CMO Consumer Engagement, Pepsi Co), John Sykes (President, Clear Channel) and Rio Caraeff (CEO, Vevo).  I did not look at my program so I did not use their names in my tweets.

What follows are my tweets about the panel.  Text in parentheses were my opinions and not necessarily of any of the speakers.  The italicized text that follows some of the tweets below are my comments now on specific points of the panel or additional points of mine.

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 Twitter

1.  At #nms13 at the New Yorker Hotel. Much better conf venue than Webster Hall but no still wifi. Little Korea & Hell’s Kitchen, however.

(I speak at every IBS Radio & Webcasting Conference in NYC each year.  One of the benefits is that the NYC IBS conferences are held at the Hotel Pennsylvania which is at the edge of Little Korea.  To me, this means getting to have great bibimbap for lunch.  The New Yorker Hotel is at 34th & 8th, a block or two from Little Korea.  And Hell’s Kitchen includes my favorite NYC Brazilian bar, Brazil Grill, three blocks from where I used to live.)

2.  State of the industry w/speakers from PepsiCo, VEVO and Clear Channel. Frank Cooper of Pepsi not using slides – yea! #nms13

(I have a strong bias toward the non-music companies and how they use and promote music as well as how they better engage with their customers via music, video and mobile.  Music conferences need to have a strong non-music component.  In fact, the non-music companies shouldn’t really be called “non-music,” should they?)

3.  Value comes from connecting w/brands & ppl who’ll add value to fan experience. Pepsi’s aspiration. #nms13

4.  NMS used to take place on the upper East Side? Glad that’s in the past. #nms13

5.  Radio is 3rd to TV & Internet for American consumers time. Radio No. 1 means to discover music – Sykes of Clear Channel #nms13

(My best way to discover music is friends, students and YouTube.  Radio, for me, comes from an app in a mobile device, or from the radio in my Acura.)

6.  #nms13 iHeart apps used soon by 200 million.

7.  85,000 online promotional mentions of Justin Timberlake album. iHeart. #nms13

8.  How to make Justin Timberlake album break out through clutter? iHeartRadio efforts – artist integration program #nms13

9.  Artist ads run for 4 weeks. iHeartRadio Ultimate Pool Party got 860 million impressions. #nms13

10.  CCE demonstrating extremely successful artist promotion campaigns w/iHeartRadio. Artists noticing other artists as well. #nms13

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11.  38 artists now in Artist Integration Program. #CCE #nms13

12.  Q. Where is radio going? A. Digital is small in revenue – that’ll change. Radio will have TV shows. (Of course) #nms13

13.  Mobile ads & sponsorship need to catch up with Mobile music. Mobile shift has been very fast. #nms13

14.  Product brands outside mainstream need to partner with music brands outside mainstream – Pepsi speaker at #nms13   

(Finding the right partner is extremely important – I liken that to having the right opening act for a band at a concert.  The opposite of that has happened (and sometimes been disastrous) when bands opened for seemingly unrelated headliner acts:  Frank Zappa & The Mothers Of Invention opening for The Monkees, Jimi Hendrix Experience opening for The Monkees, King Crimson opening for Al Kooper, etc.)

(Bad brand partnerships?  Tiger Woods with any brand, for a period of time anyway;  Oscar Pistorius and Nike and any brand;  OJ Simpson… you see where this is going!)

15.  NMS and VEVO want to work with unknown and new artists according to Tommy Silverman. #nms13

16.  Lift – most successful new VEVO show, partnering with McDonald’s, to promote new artists. #nms13

17.  Breaking new artists is essential to VEVO – a mission statement of sorts. #nms13

18.  Developing R & D in a company is similar to constantly developing new artists for a music company – Sykes iHeart #nms13

19.  For Pepsi, creating/sponsoring live events is comparable to digital. Very active in international music & events. #nms13

20.  92% of Americans listen to radio every month. (Many more radios than people.) I’m surprised it is not higher. #nms13

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21.  Pepsi wants to fill spaces without interrupting listening experiences. #nms13

22.  The experiences “have to be right there.” Immediate and without effort. Pepsi, CCE etc want to fulfill #nms13

(The “immediate and without effort” is often called, “frictionless.”  Yes, frictionless is good buzz word, a cliche but accurate and one’s person cliche is another’s proud moniker.)

23.  Most ppl want to watch, some want to comment, others want to make (video) New experiences give more interactive possibilities. #nms13

(Read Lawrence Lessig’s excellent book, REMIX.  Those that want to remix are not RO – “read only.”  RO is for those who primarily engage in one-way communication.  They read, they view, they listen.  They are of a more traditional culture.  They do not interact or re-author or remix.  Those who remix/re-author, etc. are of the “RW” culture.  RW is “Read (and) Write,” i.e., interact, re-author, repurpose, etc.)

24.  One touch should replace one-click in immediacy and simplicity. #nms13

(I look forward to “one thought,” and involuntary at that, replacing one touch.)

25.  Music subscription – original albums better represent an artist’s legacy than trad sales models #nms13

26.  Give choice to consumers but how are services providing choice and being monetized?  Used to be how do we stop the Internet? #nms13

(The anti-technology people in the “content crowd,” i.e., those who pride themselves on being songwriters who hate the technology, mostly waste their time espousing a knee jerk “sue-the-criminal-bastards” strategy.  Technology and consumers (the market) always win.  Rather than bemoan, litigate and try to legislate, it is better to work together and/or find a business solution.  Study Steve Jobs.)

27.  Choices in digital seriously began with iTunes. In last 3.5 yrs, mobile has provided easy to use ubiquitous choices. #nms13

28.  Networks partnerships/relationships with carriers & their (carriers’) willingness to market music. #nms13

29.  In Norway and other EU countries, bundle with cable. Their 4G is stronger and more available. #nms13

30.  Music adds high value service to telco’s services. Economic benefit partner receives should funnel down to artist. #nms13

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31.  Customer base for telcos have not always been music savvy. Push customers creating playlists for better engaging. #nms13

32.  Plans & bundling outside USA can be daily, weekly, monthly. (That’s new to me.) #nms13

(ISP and cable service plans in this country should be much better and less costly.  We have little competition and our government does not in the slightest way assist U.S. customers in their lonely usually fruitless skirmishes with U.S. ISP’s and telecoms.  In more and more countries, Internet access is becoming a basic human right and fast speed Internet connections are becoming mandated by non-USA governments.)

33.  Create new kinds of premium products. Again, more choice is key. #nms13

34.  How will Google and Apple streaming services impact others? Other ideas – partner with Weather Channel, ESPN & non-music. #nms13

(Excellent – there are many ESPN outlets nationally and internationally, and they use a great amount of music.)

35.  How to handle Big Data? That trite term – BIG DATA – will assist in delivering better experience for listener. #nms13

36.  Winners in digital will be “those who can get to scale.” There’ll be consolidation across the industry. #nms13

37.  Investors in these companies are big media companies-gives players “superior access” into other areas. #nms13

38.  Spotify rollout strategy – in 28 countries in 4 yrs. careful to partner with right companies. Pay attention to local music. #nms13

39.  Global and local rollouts simultaneously. #GLO-CAL. #GLOCAL without hyphen. (Great expanding language). #nms13

40.  What needs to happen in US? Mass marketing. Look at how Apple does it. Non-Apple products are not well marketed. #nms13

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State of the Music Industry (and then there are data plans)

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I just returned to Nashville from New Jersey, New York & New Jersey.  Remember – New Jersey has a few things all visitors should do – spend quantity time at

Brasilia Grill

Laurelwood Arboretum and

Ramapo Mountain State Forest.

Notice I wrote “quantity time.”  All time spent at these three (3) New Jersey places is QUALITY TIME.  That is indisputable.  One never has to defend a choice to visit New York because New York often means New York City and NYC, even to a Bostonian, is crazy-great.  Two of my favorite sayings about NYC are:

“If you don’t love New York, you don’t love life.”

“I’d leave New York for the weekend but I’m afraid I’d miss something.” (spoken by a NYC resident)

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 The New Music Seminar ended on Tuesday, June 11, 2013.  NMS took place in New York City (the New Yorker Hotel) and began on Sunday night, June 9, 2013.  (Excuse my impossible-to-break habit of including the year in every date.)  I missed the opening schmooze-athon event as I always do.  It was not so that I could commemorate the

4th anniversary of my Keynote Address at the Copyright Wars Summit (“Law vs. Technology:  Embracing Not Suing New Technologies.”).

(And I don’t do self-commemoration.)  It was because I got to spend time at Laurelwood Arborteum (2).  (Click on that Laurelwood link – it’s an even better photo.).

The New Music Seminar is a conference that attempts to show what’s going on in the present-day music industry – not what certain parties WISH was going on, or LONG FOR what HAD BEEN going on, or pontificate about what SHOULD BE going on.  NMS, like a few other conferences, aspires to SAY or REFLECT what’s going on and where things are likely, or could be, headed.

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Here are a few of my thoughts – thirty-two (32) little statements – about the present state of affairs in the music industry.  And because I feel this way, I assume many others do as well.  I’d go so far as to say that these are also a few things that EVERYONE seems to know and some seemed to be saying things like this at 2013 NMS this week.

1.  Sales of CD’s have greatly diminished.

2.  Sales of recorded music have greatly diminished and usually are not central and/or supremely important to a musician’s income.

3.  Access to music is very important.

4.  Access to music (recorded music and live music) is growing in importance.

5.  Access to music means (to a substantial extent) STREAMING.  STREAMING means music is coming out of a complicated device, not the BIG RADIO found in wealthy peoples’ homes in the early 20th century, but small complicated devices that fit in a human’s hand.

6.  Access to music now means mostly digital.

7.  Access to music now means Internet access and…

8.  Access to music means mobile – it must be in your paws.  Soon it will be accessible via the implants somewhere under your skin, or the IP (intellectual property) pills you will ingest.  (And some people have Google Glass.)

9.  It is imperative that we MONETIZE…fill in the blank.  I’ll start:

10.  Monetize access to music via a desktop computer (I’m one of the few who uses these).

11.  Monetize access to music via a laptop computer (I rarely use these).

12.  Monetize access to music via a tablet (I use these everyday.  To me, TABLET = iPad but feel free to disagree.)

13.  Monetize access to music via an even more mobile device, for example a 4 or 5 inch tall, 2, 3 or 4 inch wide, very thin computer-like device filled with shiny, consistently-updated new applications (known as “apps) that also can make old fashioned telephone calls.  Many think of these devices as also being cellular phones.  I think of them as fabulous Apple or Samsung devices that provide app-access and Internet access by means of forcing the user to sleep with/cohabitate with and pay large corporations too much for favors that are very personal and intimate.  These pay-the corporations-too-much models are also known as DATA PLANS.

14.  Social media is extremely important for music artists, their music companies (“music companies” is purposefully vague and potentially very wide in scope) and their fans.

15.  It is essential that music artists as well as some of their team use social media effectively.

16.  It is essential that music artists as well as some of their team use social media to engage and interact with their fans.

17.  It is essential that music artists use social media to do more than simply promote and shout about themselves and their upcoming album, tour, video, film, public appearance, endorsement, marriage, divorce, arrest, lawsuit, settlement, community act, etc.

18.  It is essential that music artists are authentic and true to themselves when using social media as authenticity aka honesty is what 21st century audiences/viewers/readers expect and (usually) receive.  When a music artist is less than authentic, almost everyone detects it immediately.

19.  Social media is not a replacement for writing, recording and performing good and great music.

20.  Social media is not a replacement for playing live.

21.  Social media is not a replacement for touring.

22.  There are far more revenue streams for musicians and creators now than existed 10, 15, 20 or more years ago.  (Read the Future of Music Coalition’s 42 Revenue Streams.)

23.  Musicians are more likely now than ever to have a better-than-poverty level income.

24.  Musicians are more likely now than ever to be able to enter the middle class, even if it might be the lower middle class.

25.  Musicians now have many more tools to assist them in having their music heard.

26.  Musicians now have much greater control over the promotion, marketing and dissemination of music they perform, record and create.  (Musicians, conversely, also have the power to give away/cede their power to control as well.)

27.  It is imperative that U.S. musicians try to have their music performed, disseminated and purchased outside the U.S..

28.  It is much easier to have one’s music performed, disseminated and purchased outside the U.S. than  in the past.

29.  The U.S. is responsible for 25-35% of music performed, disseminated and purchased worldwide.

 

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30.  Technology threatens business as usual until it becomes business as usual.

31.  Music and the arts have always intersected with law, business, technology and communication.  It has always been this way.  It will always be this way. (forever and ever)

32.  The Internet is your friend.  Walk away from those who fear the Internet and technology.  Fear them (no, pity, educate and then ignore them) and not the Internet.

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In the next posts, I will discuss some specifics about the 2013 New Music Seminar.  Much of what I will relate will be done via Tweet, in fact, many tweets.  That is simply a statement relating which writing/conveying/a’-talkin’/Internet-ing tools I will use  – a neutral thing and not necessarily good or bad.  I have used Twitter since 2007 and always thought it was an important DESCRIBER of IDEAS and EVENTS.  Twitter is just they way it will be.  (I’ll stop short before I more fully paraphrase Bruce Hornsby.)

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HAPPY FLAG DAY EVE!

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Preying On Songwriters, My Winter Vacation & Re-Gifting

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I’ve been gone from this space (my blog) for way too long, so long that readers have scolded me and told me to get back to writing.  Wow – that was very nice to hear.  I didn’t want to be gone this long but there were substantive reasons for being out of cyberspace.

For one, I decided “at the 11th hour,” to leave the lovely Wingaersheek Beach and drive south to be with friends in Nashville for Christmas.  That, I did after a fun stop in New Jersey.  I left on the afternoon of December 23.  I ended up spending more than a month in Nashville, so long that I actually found a house I wanted to buy, put an offer on it the first day it was for sale, and took ownership of it 30 days later!  The Dwelling caught my eye on January 6, I made an offer January 6, and officially owned it on February 6.  It’s a much more involved, fun, foolish and complicated story than that but I can tell you more when I see you.  (By “you,” I mean any interested reader.)

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And now to get back to music and an issue about which I care deeply.  Songwriters.  Not composers, in this instance, but songwriters.  (Not all songwriters – just songwriters who have been taken advantage of, with or without a preposition at the end of a sentence.)

I was reminded again recently how songwriters have so many things going against them.

The public is never pleading  –  “PLEASE let me hear from songwriters.”  No.  The public wants songs and doesn’t care about the nameless person behind the song.

The public loves stuff for free.  Why pay songwriters?  Aren’t they rich?  Don’t they write songs because they “receive” these songs (for free)?  (From God?)  (They are “gifted,” so they didn’t have to work – they simply received a pre-formed, pre-packaged “gift” and gave that “gift” to those who wanted it.  (These “gifted” songwriters, perhaps, were like the unsophisticated, uncouth Giver who simply Re-Gifts at Christmas time.)

Record labels do not want to pay songwriters.

Recording artists do not want to pay songwriters.

Radio (AM/FM as well as Internet) does not want to pay songwriters.

Sometimes publishers don’t want to pay songwriters.

Some famous recording artists have refused to record songs by songwriters unless the recording artist can be (dishonestly) listed as a songwriter and receive royalties as if s/he had written the song.

But I want to begin to discuss a different problem from those.  Several of the problems above get a lot of publicity and are well-known.  I want to get to a very serious problem that gets almost no publicity.  In fact, this problem is usually shrouded in mystery.  Sometimes the mystery – the “secret” – even has legal protection mixed in – “sign this confidentiality agreement if you know what’s good for you.  If you ever want to happy hour in this town again, you’ll do as I say, sign here and beg me, ‘THANK YOU SIR, MAY I HAVE ANOTHER?'”

It can be very difficult for songwriters.  As Morris Levy once said,

“You want royalties, GO TO ENGLAND.”

H E R E    I S     T H E     P R O B L E M     A S     I    S E E     I T 

Sometimes the songwriter’s team members are playing for a different team, or perhaps playing a different sport.  What I mean can be illustrated in a situation like this involving Songwriter(s) A and Songwriter(s) B.

Songwriter A’s publisher and/or attorney receive(s) a letter from songwriter B’s publisher and/or lawyer telling Songwriter A that her/his new song has ripped off or infringed or copied or stolen Songwriter B’s song.  Publisher A/Attorney A informs Songwriter A that we better fix this.  The way to fix this?  Songwriter A simply and quickly needs to fork over half of A’s copyright and future royalties on his/her song, and make sure that Songwriter B’s name appears everywhere that Songwriter A’s name appears on this song.  All future royalties will be split between A and B.

Or another sharing scheme could be worked out.  If not 50/50, perhaps 55/45, 60/40, 65/35, 75/25, etc., and the larger percentages could be assigned to Songwriter B.  Songwriter A might not only lose a lot now and for generations of nameless/faceless descendants (copyright is nearly eternal in length), but Songwriter A might get marked as an easy mark for others to attack in the future.

Why should this happen?  Can someone simply assert that you, the Songwriter, have stolen someone else’s music?  Does the fact that someone alleges theft make it a theft?  Are you guilty because someone with more (A)  power, (B) influence or (C) money (A, B, C, A+B,  A+C, B+C, A+B+C) asserts so?  Does that more powerful person have any alternate and/or better ideas?  Has that more powerful person investigated other solutions?  What can you, the Songwriter, do?  Do you admit to the “facts” with which you have been confronted?  Is there a loved one, friend or family member who can help? Do you need emotional help?  Do you need financial help?  Do you need legal help?  Do you need MUSICAL help?  Or do you need every kind of help just mentioned?

In my next post, I will expand on scenarios like the above and pose much better resolutions.  Shortly after that, I’ll name names.  I will discuss a specific situation, explain why it was completely WRONG, and explain why I know much better ways of handling similar situations.  As always, I welcome your input.  If you are a songwriter who has been so bereaved, please tell your story here.

ANNUIT COEPTIS for now

 

Posted on

The Russian Monster Fill, Bath Bombs, Tervis, Twitter + the letter “B”

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Having fun here in Nashville.  Fun party two nights ago with great friends and one of my best friends who also doubles as one of the music legends in Nashville and the USA.  If you missed that last link, here it is again.  Listen to Bill Pursell Rachmaninov Marty Robbins.  I just used “Rachmaninov” as a powerful and intrusive verb to describe what Bill does to Marty Robbins’s straightforward 3-chord country song, “Take Me Back To Tulsa” (by means of his sextuplet laced Russian monster fill).

Started out the morning at a coffee shop – the Frothy Monkey.  Then to do some business and the business for a friend.  That was fun as it took us inside the magnificent Schermerhorn Symphony Center in downtown Nashville, one of the best halls acoustically anywhere.  (I had the great opportunity to hear Peter Serkin perform Brahms’ Piano Concerto No. 2 at Avery Fisher Hall at Lincoln Center, and a few weeks later at Schermerhorn –  Schermerhorn is a much better venue).  We made an embarrassing 7-8 minute video, starting onstage and then progressing/regressing through some backstage fancy rooms.  Fancy fancy.  I should link or upload the video to this blog but not if good sense and adequate judgment prevails.

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Last night I learned about bath bombs and Tervis shakers.  The bath bombs excited my excessively girly girly friend, while the Tervis shaker we found at Bed, Bath & Beyond in mall-infested Williamson County, was a Patriots shaker.  I’ll now be able to make my Irish versions of caipirinhas here in Middle Tennessee using my new New England Patriots Tervis shaker.

Back to these are a few of my favorite Twitter things.  When the dog bites, when the bee stings.  I’m still stuck on that Mary Poppins’ song.  This time  – the letter “B.”

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Dr. E. Michael Harrington

www.emichaelmusic.com

emh2625@gmail.com

Resources:

Twitter:

My Favorite Twitter Accounts:   The letter “B”

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BBC6MusicNews

Good tweets but I’d rather they get more stiff, uptight and British.  Must BBC6 Music News like “gossip?”  Huh?  “Your music news fix, including exclusive interviews with all the big names, the latest gig news, behind the scenes insights, festival updates and gossip.”

bbosker

Insightful technology writer for Huffington Post.  I’m on her Vibrate My iPhone 5 Now list and always look forward to her articles.  And she had the wisdom to interview me once.

beatallica

Beatallica started as a concept – “what if Metallica were a Beatles cover band?”  That was brilliant and so was the manifestation of what Beatallica does  –  a brilliant parody/mashup of both groups but performed live.  I became good friends with Beatallica in my role as their expert witness.

berkmancenter

“The Berkman Center for Internet & Society at Harvard University – exploring cyberspace, sharing in its study, and helping to pioneer its development.”  What’s not to love about that mission statement?

bethanysimpson

Bethany Simpson is “LA Media Director with equal interest in creativity and logic.”  And she follows me on Twitter and is a joy to read.

BigChampagne

They count, quantize and know what’s what and who’s who on P2P networks.

biggayicecream

Big Gay Ice Cream is how to

1. run an ice cream truck (trust me – I spent 3 summers as an ice cream man)

2. do gourmet ice cream

3. travel to great neighborhoods in Manhattan (what isn’t a great neighborhood in Manhattan?)

4. interact with the public by means of Twitter

5. be gay

Billboardbiz

If you have that music/music industry affliction, you have to pay some attention to Billboard and its Twitter accounts.  Damn shame when that happens.  : )

Billboarddotcom

I’ll write it again:  If you have that music/music industry affliction, you have to pay some attention to Billboard and its Twitter accounts.  Damn shame when that happens.  : )

Billboardglenn

The 3rd time is the charm:  If you have that music/music industry affliction, you have to pay some attention to Billboard and its Twitter accounts.  Damn shame when that happens.  : )

BoingBoing

Boing Boing is wicked cool –  always featuring things you didn’t know you’d love to know.  Today’s top two (2) headlines:  “Porcupine Bites Skier” and “Malls Are Dying.”  (I’m sorry to hear about the skier, but I hope the mall story is true.)

BostonSymphony

The Boston Symphony Orchestra is the world’s best orchestra.  Calm down you Chicago and Berlin types.  You’re great too but….  Where was it I grew up?  Chicago?  Berlin?  No, Cambridge and Framingham.  The Boston Symphony Orchestra was our hometown team.  Ergo, we win.

BradPaisley

Brad Paisley is an extremely-talented songwriter, guitarist, musician (usually different than the other nouns I’ve provided in this sentence), singer, lyricist.  And he does Twitter very well.  Exceedingly well.  (I’d guess that this is the first time in my www.emichaelmusic.com world that I’ve used the word, “exceedingly.”)

brewster_kahle

From his Twitter account:  “Digital Librarian.”  Kahle is just a digital librarian in the same way that Gonzalo Rubalcaba is just a pianist.   http://openlibrary.org    http://brewster.kahle.org  

BrightTALK

“Webinars and video for professionals and their communities.”  I especially like them because I was one of their one-hour webinars.  (E. Michael Harrington at BrightTALK, June 9, 2009)

businessinsider

“The latest business news and analysis.”  Business Insider is always a great read.  Even if you have no interest in business, you will enjoy BusinessInsider.

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As always, I welcome your feedback on best Twitter accounts, as well as recommendations/suggestions for music, tech, law, communication and business ideas.