Twitter In The Classes I Am Creating

The Almost-100, Arnold Schoenberg, and the not-so-sad omission of business, communications and the arts

One of my pursuits these days (August 2014) is creating, designing, reconfiguring, ratcheting up a few new courses in intellectual property, a survey of the music & entertainment industry, social media & marketing in music/video/IP, and business and legal issues helping and hindering music get created, disseminated and experienced.

All of these classes will deal significantly with technology, business, law and music (how could they not?).  I could add words like “communication” and “arts” too but I often use words like “technology” to subsume “business” and “communication,” and “entertainment” to subsume “art” and “arts.”  (With my classical music pedigree, I should NEVER associate “art” or “arts” with “entertainment.”  One of my heroes, Arnold Schoenberg, in his past writings set me straight on that (but I veered off the ranch twenty + years ago):

“If it is art it is not for all and if it is for all it is not art”

or something similar but identical in sentiment.)  (One of my favorite Schoenberg compositions is “Summer Morning By A Lake,” the third of his “Five Pieces for Orchestra, Op. 16” from 1909.

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In my Twitter account, I have created eleven (11) lists that cover all of my interests.  Since 2008 I have required students to read what certain Twitter users post.  I provide a list of these Twitterers in each syllabus.  What I want to do now is create a shortened master list of Twitterers from which I can extract subsets that would work in any one, two, three or more of seven or eight classes.

The “rules” and “preconditions that must be met” in order to fall into this list of less-than-100-favorite Twitter authors include:

1.  It intrigues me.

2.  I find it compelling (out of Spinal Tap context, “compelling” can have positive associations).

3.  I’m inspired to act and think (refined people “think ” and then “act”).

4.  I might disagree with what is expressed but it is original and/or important.

5.  It came to mind first when I thought to compile a list of less-than-100.  (Spontaneity, impulse and fast matter when it comes to action, wonderment and ponder-ment.)

(However:  A few of these Twitterers are not at all inspiring (and perhaps pompous and verbose) but most people of a field seem to read these and it is OK sometimes to have some things in common with most people – these form a sort of vernacular canon.)

Here are The Almost-100:

twitter.com/adage

twitter.com/Adweek

twitter.com/alisternburg

twitter.com/allsongs

twitter.com/AppStore

twitter.com/arslaw

twitter.com/arstechnica

twitter.com/bbosker

twitter.com/beatallica

twitter.com/berkmancenter

twitter.com/BigChampagne

twitter.com/BIInsights

twitter.com/billboard

twitter.com/Billboardbiz

twitter.com/BoingBoing

twitter.com/BradPaisley

twitter.com/BrightTALK

twitter.com/CenCom

twitter.com/CopyrightLaw

twitter.com/davekusek

twitter.com/deborahfgoldman

twitter.com/Digg

twitter.com/Digitalmusicnws

twitter.com/disco_project

twitter.com/EdFelten

twitter.com/eff

twitter.com/emh2625

twitter.com/Entlawupdate

twitter.com/FCC

twitter.com/future_of_music

twitter.com/Gizmodo

twitter.com/Gleonhard

twitter.com/Grooveshark

twitter.com/GuyKawasaki

twitter.com/Harvard_Law

twitter.com/HarvardBiz

twitter.com/HowardKnopf

twitter.com/Hypebot

twitter.com/IndustryEars

twitter.com/InternetLaw

twitter.com/IPHandbook

twitter.com/IPLawAlerts

twitter.com/ipwatch

twitter.com/Jasonkincaid

twitter.com/kisbell

twitter.com/KristNovoselic

twitter.com/Larrymagid

twitter.com/Lefsetz

twitter.com/lessig

twitter.com/ManagementTip

twitter.com/mashable

twitter.com/mgeist

twitter.com/mollywood

twitter.com/MosesAvalon

twitter.com/MrChuckD

twitter.com/MusicRow

twitter.com/NME

twitter.com/nprmusic

twitter.com/Nytimesarts

twitter.com/Nytimesbits

twitter.com/nytimestech

twitter.com/Pitchforkmedia

twitter.com/Pogue

twitter.com/redbull

twitter.com/ResourceMusic

twitter.com/ReverbNation

twitter.com/RollingStone

twitter.com/rosannecash

twitter.com/SAI

twitter.com/shadesofsolveig

twitter.com/sivers

twitter.com/Slashdot

twitter.com/SonyLegacyRecs

twitter.com/spotify

twitter.com/sree

twitter.com/StitcherRadio

twitter.com/Taylorswift13

twitter.com/Taylortrask

twitter.com/tbquirk

twitter.com/TechCrunch

twitter.com/Tedtalks

twitter.com/Terrymcbride

twitter.com/ThatEricAlper

twitter.com/theonion

twitter.com/THR

twitter.com/THREsq

twitter.com/Timwestergren

twitter.com/tmbg

twitter.com/torrentfreak

twitter.com/variety

twitter.com/verge

twitter.com/waltmossberg

twitter.com/wired

twitter.com/WSJD

twitter.com/ZDNet

twitter.com/zittrain

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And with extra-special secret code placed to the right, The Almost-100 looks like this:

twitter.com/adage Tech
twitter.com/Adweek Tech
twitter.com/alisternburg IP
twitter.com/allsongs MusEnt
twitter.com/AppStore Tech
twitter.com/arslaw IP
twitter.com/arstechnica Tech
twitter.com/bbosker Tech
twitter.com/beatallica MusEnt
twitter.com/berkmancenter A 3
twitter.com/BigChampagne Tech
twitter.com/BIInsights Tech
twitter.com/billboard MusEnt
twitter.com/Billboardbiz MusEnt
twitter.com/Billboardglenn MusEnt
twitter.com/BoingBoing Tech
twitter.com/BradPaisley MusEnt
twitter.com/BrightTALK A 3
twitter.com/CenCom Tech
twitter.com/CopyrightLaw IP
twitter.com/davekusek MusEnt
twitter.com/deborahfgoldman IP
twitter.com/Digg A MT
twitter.com/Digitalmusicnws MusEnt
twitter.com/disco_project A 3
twitter.com/EdFelten Tech
twitter.com/eff IP
twitter.com/emh2625 A 3
twitter.com/Entlawupdate MusEnt
twitter.com/FCC Tech
twitter.com/future_of_music MusEnt
twitter.com/Gizmodo Tech
twitter.com/Gleonhard Tech
twitter.com/Grooveshark MusEnt
twitter.com/GuyKawasaki Tech
twitter.com/Harvard_Law IP
twitter.com/HarvardBiz Tech
twitter.com/HowardKnopf IP
twitter.com/Hypebot A MT
twitter.com/IndustryEars MusEnt
twitter.com/InternetLaw IP
twitter.com/IPHandbook IP
twitter.com/IPLawAlerts IP
twitter.com/ipwatch IP
twitter.com/Jasonkincaid Tech
twitter.com/kisbell IP
twitter.com/KristNovoselic MusEnt
twitter.com/Larrymagid Tech
twitter.com/Lefsetz MusEnt
twitter.com/lessig A 3
twitter.com/ManagementTip Tech
twitter.com/mashable Tech
twitter.com/mgeist IP
twitter.com/mollywood Tech
twitter.com/MosesAvalon MusEnt
twitter.com/MrChuckD MusEnt
twitter.com/MusicRow MusEnt
twitter.com/NME MusEnt
twitter.com/nprmusic MusEnt
twitter.com/Nytimesarts MusEnt
twitter.com/Nytimesbits Tech
twitter.com/nytimestech Tech
twitter.com/Pitchforkmedia MusEnt
twitter.com/Pogue Tech
twitter.com/redbull MusEnt
twitter.com/ResourceMusic MusEnt
twitter.com/ReverbNation MusEnt
twitter.com/RollingStone MusEnt
twitter.com/rosannecash MusEnt
twitter.com/SAI Tech
twitter.com/shadesofsolveig Tech
twitter.com/sivers A MT
twitter.com/Slashdot Tech
twitter.com/SonyLegacyRecs MusEnt
twitter.com/spotify MusEnt
twitter.com/sree A MT
twitter.com/StitcherRadio A 3
twitter.com/Taylorswift13 MusEnt
twitter.com/Taylortrask A MT
twitter.com/tbquirk A MT
twitter.com/TechCrunch Tech
twitter.com/Tedtalks A 3
twitter.com/Terrymcbride MusEnt
twitter.com/ThatEricAlper MusEnt
twitter.com/theonion MusEnt
twitter.com/THR MusEnt
twitter.com/THREsq A 3
twitter.com/Timwestergren MusEnt
twitter.com/tmbg MusEnt
twitter.com/torrentfreak A 3
twitter.com/variety MusEnt
twitter.com/verge A MT
twitter.com/waltmossberg Tech
twitter.com/wired Tech
twitter.com/WSJD Tech
twitter.com/ZDNet Tech
twitter.com/zittrain A 3

Perhaps the above should be annotated so as to make for more clarity.  In fact, I began but never finished or published an annotated post about great Twitterers to follow more than a year ago.  I think I will save those thoughts for class and spend that writing-annotating time better.

I can imagine negative reactions to a few of The Almost-100 above:

Just why should anyone read Taylor Swift?

Doesn’t Bob Lefsetz assault us enough every day?

Why read a young lawyer who has not even passed the bar?

Read Torrentfreak?  Are you pushing crime or somethin’?

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Wishing everyone everywhere a happy Sunday.  Annuit Coeptis.

2013 Future of Music Coalition – My Tweets, Rants & Reactions (Part 1 of 2)

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I thought before too much time passes, I should collect my tweets and comments about The 2013 Future of Music Coalition Policy Summit held in Washington DC October 28-29, 2013.  The 2013 World Series was happening at the same time, so FMC was not my top priority.  Taking notes and tweeting about an event is also not my favorite activity but one that I occasionally delve into. (Grammar Girl believes we should be able to end sentences with prepositions, in case you were wondering abut that last sentence.)

This will be fun to collect and NUMBER tweets.  I had no idea that I wrote 75 tweets (shown below) and more in the next posts.  I wrote more at one part of the program but will not include these as I was writing about the worst presentation I had ever seen at an FMC event.  (If you are curious about it, you could go search my tweets from October 28-29, 2013.  I won’t and I don’t think you should either.)

It is important to note when reading tweets below that Peter Jenner has a great British accent and would usually be the smartest guy in the room.

1.  Peter Jenner is dead on. It has to be made easier to access music. The scandal is that Spotify is the only best access to music #fmc13

2.  Peter Jenner: “Anyone who thinks that we can control the Internet is up their ass.” #FMC13

3.  Peter Jenner – we have to think “collective” in order to create a means by which more are paid. (Socialism! Hah hah!) #fmc13

Like I said. The man’s lovable RT @emh2625: Peter Jenner: “Anyone who thinks that we can control the Internet is up their ass.” #FMC13

4.  Peter Jenner: “Anyone who thinks that we can control the Internet is up their ass.” #FMC13

5.  Peter Jenner – we have to think “collective” in order to create a means by which more are paid. (Socialism! Hah hah!) #fmc13

6.  Are you sure you want to be in the music biz? Be extraordinary. Do not sharecrop. Don’t sell copyright unless price is high. #fmc13

7.  Make community, support & be supported. Learn to pay fair wage & get fair wage. If you don’t like status quo, change it. #fmc13

8.  Learn you’ll be popular & not know why. Learn you’ll be UN-popular & not know why. Love music. (Erin McKeown) #fmc13

9.  Music business should be a part of music instruction. (EMH – do 4 hrs, not 8, 2 not 4 in a practice room-Learn Business & more) #fmc13

I had to add that ditty to my tweet as I think time has long passed when musicians, songwriters, and music students in music colleges and conservatories can expect to work 100% on their craft and the gorgeous invisible substance of sound and music.  Musicians, whether they want to acknowledge it or not, are involved in the world of business (who pays for these habits of theirs?) and technology (the body is tech, instruments are tech, electronics are tech, computers are tech, etc.).  Musicians need to develop their skills of conning people into thinking they (the musicians) are needed and should receive money for playing and/or writing music.  These skills have to be developed with an eye and ear for social media, business, technology, government and new means of touching the world.  I added “government” in that sentence because if it wasn’t for a very large and powerful central federal government and its blueprint plans, i.e., the Constitution, there would be no copyright law and no basis for federal support for authors and inventors.  And with the status of laws and litigation always in flux, interested parties need to continue to lobby their government to keep acting on their behalf.

10.  Jeremy Peters: Copyright is broken but other than Creative Commons, what is being done to fix it? #fmc13

11.  We’re moving from culture of owners to that of renters (of intellectual property – IP) #FMC13

12.  The conversation of “you are all thieves” to those not paying for IP is useless. Reminsicent of Federal government shutdown. #fmc13

13.  Artists who have been burned so badly by the miscreants in the music business – go out on their own is an option #fmc13

14.  Stream of income helps buy new gear, but this is not a solution, just an income stream #fmc13

15.  Get rid of minimal fee (for mechanical royalty) & concentrate on the amount of time is used in a composition or film #fmc13

16.  Methodology that can fairly compensate artists, writers. Amount of time is more realistic and fairer. #fmc13

17.  A new mechanical license proposal that is clear to artists, publishers, lawyers & the courts is needed. Modernization. #fmc13

18.  Songwriters Assn of Canada Prez has introduced himself as “sad Eddie.” Because of the Cardinals WS loss? Songwriters’ prospects? #fmc13

19.  New models gaining traction (Spotify). Legit, paid. Pandora too. Music creators embrace these models (EMH: not the RIAA) #fmc13

I think it is very bad to always ignore, then underestimate, misunderstand, litigate and then try to legislate against new technologies (a la RIAA & MPAA versus every new tech toy). The technologies always win.  

20.  Uh-oh. We’re hearing “I love the Internet” (“some of my best friends are black” comes to mind…) Then comes the HOWEVER. #fmc13

21.  “However” is Canadian for “but.” Some arithmetic is coming “the nitty gritty.” What’ll follow is lots of Internet plays & tiny money #fmc13

22.  For the umpteenth time & to paraphrase Carl Sagan “billions & billions of” music spins & zero money. #fmc13

23.  To legitimate creators there is no difference between piracy & the legitimate new services. (Oh God) That attitude will help. #fmc13

24.  Rich people get richer by these new legit services while musicians stay poor. Music creators need a new narrative & new initiative #fmc13

25.  “Adopt fair trade” principles for musicians. (Good!) Next he describes the new categories. Now he’s bemoaning SOPA. (Glad it lost!) #fmc13

26.  To put all our eggs into the US Congress basket is a bad idea. They were crushed by the crushing of SOPA. #fmc13

27.  Fair trade criteria that is fair to consumers & businesses. Certify biz as fair trade coffee is done. Fair principles for creators #fmc13

28.  What is fair compensation for creators? “fair & sustainable” Need for transparency in all collective societies, pubs, labels. #fmc13

29.  Shouldn’t everyone be transparent in all the facets? (Yes, but keep dreaming, I’m afraid. This is the music industry…) #fmc13

29.  Want transparency? Good but when did that ever happen in the past? Too many speak as if the past was great & now is Evil Google #FMC13

30.  Canadians are not calling for new legislation or regulation. They are being pro-active. But pro-active in what way? Huh? #fmc13

31.  Canadians songwriting group is being pro-active. But pro-active in what way? By applying a “fair trade” sticker? No law, no reg? #fmc13

32.  Music Creators Alliance & Songwriters Guild of America are behind these past ideas (from my tweets). #FMC13

@future_of_music Thank you! I hadn’t heard the Happy and Sads from earlier! Being a Bostonian, first I think baseball & Boston & St. Louis!

I appreciated the FMC informing me of the “Happy” and “Sad” humorous labels from earlier.  (This was only the second FMC Policy Summit I’ve missed.  They are great events – much better in person –  and I hope to be at the next one.)

33.  Now we are able to hear the audio of FMC stream. Thank you, you tech people who turned it up to 11. #FMC13

34.  Small broadcasters have no clout when it comes to licensing. One-stop shopping (licenses) is essential to run music services/streams #FMC13

35.  Are exclusive deals (direct licensing) harmful to smaller broadcasters (I think so). Can anti-trust issues get in the way? #FMC13

36.  Good news about direct licensing – they can license around the consent decree. #FMC13

37.  Direct licenses problem – transparency! Usually there are non-disclosure agreements. Songwriters are kept in the dark. #FMC13

38.  Publisher can cut off payments to a songwriter during a dispute.” – Sad Eddie (of Canada) #FMC13

39.  Non-disclosure agreements hurt (prevent) transparency. #FMC13

And now, Jim Griffin.  When Jim Griffin speaks, I listen.  Only fools wouldn’t.

40.  What would direct licensing be on the entire music atmosphere? “Fragmentation is cancer.” – Jim Griffin #FMC13

41.  There needs to be a draft-draft musicians into publishing agreements like athletes are drafted by teams! – Jim Griffin #FMC13

42.  Jim Griffin is joking (somewhat) but his point is that there is power in unity. (Sounds like pro-union too.) #FMC13

43.  When athletes work together to get as much money as they can, musicians should do the same. But there’s antirust to prevent it! #FMC13

44.  Why is there only one (1) antitrust department? Excellent funny question relayed by Jim Griffin! (power via unity is the point!) #FMC13

45.  Musicians especially those early in career need better legal representation. – Sad Eddie (of Canada) #FMC13

46.  Why someone who has significant part of market then pulls out is now exempt from legal restraints? (issue in direct licensing) #FMC13

47.  Excellent and educational analogies with sports teams and unions presented. #FMC13 (EMH – We have to think this through and change.)

48.  Sound recording (SR) is not an exclusive license It is statutory right. Recordings cannot be withheld. #FMC13

49.  Ann Chaitovitz explaining SR & Sound Exchange. Perf right is split 50/50 – 50% musicians, 50% record label/SR owner. Copyright basics #FMC13

50.  Direct licensing by a label could (would/will/does?) result in keeping money from the artist/performers. #FMC13

51.  Union musicians until digital performance right (DPRSRA) & Sound Exchange were never paid for their contribution to sound recording #FMC13

52.  USA still does not have a terrestrial right for musicians (musicians are not paid when music is played on AM/FM) unlike rest of world #FMC13

53.  Musicians should be wary of the “workaround” that big broadcasters are doing by direct licensing. Big Radio wants to keep govt out. #FMC13

54.  U.S. “Green Paper” recommends a terrestrial right for sound recordings (SR). Terrestrial radio has huge advantage over digital radio #FMC13

Do you want to read the aforementioned “Green Paper?”  It is called, “Copyright Policy, Creativity, And Innovation In The Digital Economy” and was authored by the Department of Commerce Internet Policy Task Force in July 2013.  (If you are still reading and still interested, click on the following link and the 112-page “Copyright Policy, Creativity, And Innovation In The Digital Economy” will open. This enormous work is several other subjects for several other times.

55.  Is Pandora in favor of wanting a performance royalty for terrestrial radio? (Surely as it somewhat levels playing field) #FMC13

56.  Pandora might be paying over 50% of their revenues as opposed to others that pay much less. What is rationale for rate setting? #FMC13

57.  Exact same radio signal but different radio companies pay between 0 and 70% of revenue. Insane! What is the logic/rationale? #FMC13

58.  Argument about any study on this subject. Would be good to have written facts in front of the panel & audience. #FMC13

59.  For clarification, “Sad Eddie” as he has humorously been calling himself, is President-Songwriters Assn of Canada #FMC13

60.  Praise for US Copyright Law for Recapture Rights. YEA! Songwriters & musicians are able to recapture their copyright after 35 yrs #FMC13

61.  Recapture is the only country in the world that lets one change a contract after 35 years. #FMC13

62.  Better Call Saul! Ann Chaitovitz – 25 yrs after you’ve created something, call a lawyer (and get things fixed!) #FMC13

I use every possible occasion to mention Saul Goodman, an attorney who thinks quicker and acts more decisively than most and always has that 6th & 7th suggestion ready for you if you didn’t love the initial several.

63.  Best point yet – we’re in this mess because we deregulated radio in that damn awful Telecom Act of 1995 (bad Pres. Clinton bill) #FMC13

The Let’s Blow Up Clear Channel so that we can Homogenize the United States further and NEUTER Regional Radio and Music Act, i.e. The Telecommunications Act of 1996, did just what I described. 

64.  “Lifting the lid…”letting in antiseptic sunshine” (TRANSPARENCY) would be most helpful. #FMC13

65.  Best way to improve licensing- record & enumerate a globally-unique song identifier (VIN Vehicle Iden #) – Jim Griffin #FMC13

66.  If this (music) is property, why isn’t there a VIN or globally-unqiue identifier? Excellent idea by Jim Griffin (yea metadata!) #FMC13

67.  Musicians need level playing field. Can’t compete w/broadcasters. Musicians (serfs) must bow to broadcasters. #FMC13

68.  Both are true – musicians are not being paid via AM/FM radio and need the right, and some musicians fear testifying before Congress #FMC13

69.  It’s understandable that lowly musicians would fear speaking out against radio as radio can stop playing them. True? #FMC13

70.  Why is an audience member afraid to mention the huge radio station (for being against AM/FM performance license)? #FMC13

71.  Aud member: Many small club owners have stopped having live music b/c of high royalty rates via ASCAP, BMI, SESAC high rates. #FMC13

72.  You have to pay for the music or you won’t get much more of it. – Jim Griffin (last & great comments of panel) #FMC13

73.  The first Future of Music Honors dinner will be tonight. Sadly, I’ll be here in Nashville instead of Washington DC #FMC13

74.  4 bipartisan politicians have reauthorized FCC to create a new class of low power radio stations. Will be honored tonight at FMC #FMC13

75.  Congratulations to my friends Ann Chaitovitz & John Simson who will be honored tonight by Future of Music Coalition at Honors awards #FMC13

Soon I will publish

FMC – My Tweets, Rants & Reactions, Part 2

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”

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

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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