Adding Resources to EMichaelMusic.com – My Digital Hoarding On Display

Adding Resources to EMichaelMusic.com – My Digital Hoarding On Display

I am a collector, compiler and curator and have always been even from the time when I didn’t know the meaning of words such as “collector,” “compiler” and “curator.”  Growing up in Massachusetts and New England, I heard this type of behavior referred to as “hoarding” or being a “pack rat.”

As a college professor, the act (art?) of collecting/curating can be quite positive and in digital times, even essential.  In the recent past, I would compile lists of my favorite recordings, films, books, CD stores, stores, restaurants and bars (as well as a few places to avoid – in the pre-Twitter era, I found list of places to avoid very helpful) and provide them to my students usually in a long list found at the end of a syllabus.

That has led to where I am in 2014.  This list of needs to be much more of websites that I love/like and use.  And even better if the access to information is free, as in “does not cost” – one only needs Internet access, hopefully not the degraded 3rd world kind of Internet access provided by the Evil Comcast.  [I should have known Comcast was the worst company ever when I first saw this Comcast commercial a few years ago.]

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I have finally created the first version of this bibliography/collection of thousands of my favorite and/or essential resources, entitled it

Music, Entertainment, Technology & Legal Resources

and placed it as a link in between “Calendar” and “Blog” on the first page of my website.  My definitions/stretches of meanings and category-creating allow me to squeeze “Business” and “Communication,” significant and stand-alone-worthy fields, into “Technology,” and perform other lexicographic contortions to my heart’s desire.  To paraphrase – “all the sites that fit.”

That there are nineteen (19) categories surprised me – my broad and sometimes narrow definitions resulted in these 19.  There are sites that reside in two or more categories because of some natural overlaps.  (This time around I have eliminated restaurants, bars, movies and record albums – the present nineteen categories are large and unwieldy enough!)

A few words on the first four (4) of nineteen (19) categories:

Broadcast  –  By “Broadcast,” I mean a site where one can hear and/or see audio & video, or sites involved in audio & video in some manner.  Portals for audio & video lie ahead.  Bloomberg – Brink to Tiny Desk Concerts – NPR Music to Hypster and more.

Concerts & Festivals  –  important festivals ranging from straight ahead music with broad appeal, to music with select appeal (intentional reference to This Is Spinal Tap with that “select” adjective) to academic/deep thinker to simple & perceptible conferences.  The Governor’s Ball Music Festival to Pop Montreal to Electric Daisy Carnival and more.

Education & Non Profit  –  Non profits, educators & educational sites I love/like and use.  Artists House Music to Electronic Frontier Foundation Deeplinks to Volunteer Lawyers For The Arts.  There is one exception, however – Better Call Saul – a site that also clearly belongs in Legal and which some might not consider “educational.”

Lawsuits  –  In “Lawsuits,” I vacillate between linking to a lawsuit as found in one of my Pinterest boards (containing three more links pertaining to CCNV v. Reid), to a government link (WNET v. Aereo) to a Google Scholar link (Campbell et al v. Acuff-Rose Music).  (I will greatly expand “Lawsuits” in the near future.)

I will elaborate on the other fifteen (15) categories –

Legal

Lifestyle Brands

Live Music & Culture

Management

Music Labels

Music Marketing Platforms

Music Recording Stores

Musicians

Performing Rights Organizations

Print

Publishing

Social Media

Technology

Trade Associations

Books

–  in future posts.  As always, I welcome your input.

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.

Dexter Not Only Murders, He Steals Intellectual Property – Part 1

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Referencing Song Titles in Dexter

Dexter Not Only Murders, He Steals Intellectual Property (“IP” to its friends) – Part 1

Everything, Everywhere, Anytime, Anyway

Publishers Might Not Mind Murder but Theft Of Intellectual Property?  That Should Lead To Murder.  (Theft of IP – now we’re talking real crime!)

I am very new to the great Showtime original series, DEXTER.  I “cut the cord,” got Netflix and am now a proud Netflix sheep/minion who watches television based to a large degree on what’s available on Netflix.

I was attracted to Netflix because I loved the nature of the Netflix beast  –  for a reasonable monthly fee, we could watch/ingest anything and everything we wanted, when, where and how we wanted  – via 55 inch television, 27 inch iMac, iPad with or without retina display, iPhone, Google Glass or wrist watch, although those latter two are not widely available on Earth as of late December 2013.  But Netflix is part of what’s right about my intellectual property (IP) demands for life in the 21st century.  My demands are fourfold:

  1. E V E R Y T H I N G
  2. E V E R Y W H E R E
  3. A N Y T I M E
  4. A N Y W A Y

Netflix does not provide EVERYTHING – every piece of intellectual property (IP) – but it does provide a reasonable amount of IP/visual/audio programming aka works of authorship.

Netflix does very well at fulfilling the EVERYWHERE of my demand at least in that my EVERYWHERE demand is limited to perceiving Netflix everywhere in the United States.

Netflix is nearly perfect at fulfilling the ANYTIME.  If Netflix has it, I can view it at ANYTIME.  One of the problems, however, is that some of their streamed IP/works of authorship that are available have an artificially-imposed limited shelf life.  Many Netflix movies, for example, are scheduled to die/evaporate/shrivel up on January 1, 2014.  There are probably typical business and licensing reasons for the shriveling/evaporation/death-ing and the reasons for these non-essential, human-ordained killings are likely to make sense to Netflix’ shareholders, but in my role as demanding and don’t-tell-me-no customer, I don’t care.  It is the 21st century and those excuses need to be as obsolete as premature death of something that needn’t die.  If Netflix or any other company will not give the customer what s/he wants, someone else will or another avenue, or four or five avenues to that IP, will open.

Netflix is doing very well with respect to ANYWAY as Netflix makes their content available across many platforms.  I have blithely and propitiously watched Netflix programming on my

55 inch

27 inch

13 inch

9.7 inch

4 inch

devices.

(The numbers above correspond respectively to the following gadgets in this room:  my JVC TV, iMac, MacBook Pro, iPad 5, iPhone 5.)

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The Showtime original series, DEXTER, lasted for eight (8) seasons – each season featured twelve (12) episodes.

I was immediately intrigued by the series because of its extremely original setting and theme – a blood splatter analyst for the Miami Police Department, Dexter Morgan, a hard working, principled but troubled protagonist who always operates with a “dark passenger” by his side (Dexter’s evil inner being).  In most episodes, Dexter acted as a vigilante who would capture bad people who seemed guilty of one or more murders (or child abuse, etc.).  Often these seemingly guilty murderers had been found not guilty for what is commonly known in popular society/popular media (not by lawyers!) as “technicalities” – evidence was obtained illegally, the search warrant contained a misspelling, etc.

During the first season, I was amused by the titles of episodes especially because many were references to songs, lyrics or movies.  I feel strongly that creators in contemporary cultures should feel free to acknowledge, borrow, reference, copy and transform preexisting material – in these examples, lyrics or text.  The titles of episodes in DEXTER that have been referenced do not constitute any type of legal problem.  The specifics of copyright/intellectual property law, with respect to referencing of titles, need not and will not be addressed in this post.

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S O N G S   (and  Dexter)

Many episodes of DEXTER are titled after titles and/or lyrics from popular music songs.  Stated a few other ways:

DEXTER references song titles

DEXTER copies song titles

DEXTER steals song titles

DEXTER misappropriates song titles

DEXTER appropriates song titles

DEXTER plunders song titles

DEXTER rips off song titles

DEXTER thieves song titles

(I use the word, “thieves,” as a verb above, humorously, knowing that “thieves” is NOT a verb.)

“Referencing” song titles is the most appropriate verb above.

What follows is my take on DEXTER episodes that reference song titles.

1.

DEXTER – Season 1 Episode 4 –  Let’s Give The Boy A Hand.   “Let’s give the boy a hand” was a lyric/phrase from the 1984 song, “Let’s Hear It For The Boy” recorded by Deniece Williams.

Deniece Williams  –  Let’s Hear It For The Boy  (1984)

Many would sue for copyright infringement because all six (6) words of the Dexter title are the same as the lyric of the song.

Many would sue for copyright infringement because two (2) of the three (3) words are the same, and the title of this film.

2.

DEXTER – Season 1 Episode 5 –  Love American Style.  “Love American Style” was a television show that aired from 1969-1974.

The Love American Style theme song  (1969)

Many would sue for copyright infringement because all three (3) words of the Dexter episode are the same as the title of the song (and television show).

3.

DEXTER – Season 1 Episode 6 – Return To Sender.   “Return To Sender” was a 1962 Elvis Presley hit song.

Elvis Presley  –  Return To Sender  (1962)

“…(using a forever stamp), I gave a letter to the postman, he put it in his sack, bright and early next morning he brought my letter back…”

Many would sue for copyright infringement because all three (3) words of the Dexter episode are the same as the title of the song.

4.

DEXTER – Season 3 Episode 3 –  The Lion Sleeps Tonight.  The long, rich and complex history of  “The Lion Sleeps Tonight” is discussed in the Wikipedia entry.

Well-known versions of “The Lion Sleeps Tonight” include:

The Tokens  –  The Lion Sleeps Tonight  (1961)

Robert John  –  The Lion Sleeps Tonight  (1972)

They Might Be Giants  –  The Guitar (The Lion Sleeps Tonight)  (1992)

Many would sue for copyright infringement because all four (4) words of the Dexter episode are the same as the title of the song.

5.

DEXTER – Season 3 Episode 10  –  Go Your Own Way.  “Go Your Own Way” is likely in reference/deference to the Fleetwood Mac song about the breakup of a romantic couple as this Dexter episode is about the pending breakup of “Dexter Morgan” and “Miguel Prado,” Dexter’s brief murder accomplice, in this pivotal DEXTER episode.

Fleetwood Mac  –  Go Your Own Way  (1976)

Many would sue for copyright infringement because all four (4) words of the Dexter episode are the same as the title of the song.

6.

DEXTER – Season 4 Episode 3  –  Blinded By The Light. 

Manfred Mann  –  Blinded By The Light  (1976)

Bruce Springsteen  –  Blinded By The Light  (1973)

“Blinded By The Light” was written and recorded initially by Bruce Springsteen.  Manfred Mann’s cover of Blinded By The Light was more commercially successful, as well as an example of pretentious art-rock, for which you can thank Manfred Mann or not.)

Many would sue for copyright infringement because all four (4) words of the Dexter episode are the same as the title of the song.

7.

DEXTER – Season 4 Episode 6 – If I Had A Hammer.  “If I Had A Hammer” was written in 1949  by the great American folksinger/activist/humanist Pete Seeger.  Below are two (2) famous versions – the Peter, Paul & Mary 1963 live performance at the Newport Folk Festival, and the original 1950 recording by Pete Seeger & The Weavers:

Pete Seeger/The Weavers  –  If I Had A Hammer (1950)

Peter, Paul & Mary  –  If I Had A Hammer  (1963)

Many would sue for copyright infringement because all five (5) words of the Dexter episode are the same as the title of the song.

When it comes to DEXTER, a hammer can be an effective killing weapon, not just a metaphorical hammer that bludgeons one’s competitors (think AppleSamsung and other litigating bodies) but the REAL thing  –  the means by which one human murders another human.

8.

DEXTER – Season 5 Episode 9 – Teenage Wasteland.  “Teenage Wasteland” refers to the 1971 song by The Who entitled, “Baba O’Riley,” with its chorus phrase, “it’s only teenage wasteland.”

The Who  –  Baba O’Riley  (1971)

Many would sue for copyright infringement because both words of the Dexter episode are the same as the lyrics of Baba O’Riley.

9.

DEXTER – Season 6 Episode 5 – The Angel Of Death.  “The Angel Of Death,” is most likely a reference to the famous Hank Williams song.

Hank Williams  –  Angel Of Death  (posthumously released in 1954)

Many would sue for copyright infringement because all four (4) words of the Dexter episode are the same as the title of the song.

10.

DEXTER – Season 7 Episode 9 – Helter Skelter.

“Helter Skelter” most likely refers to the 1968 Beatles song Helter Skelter from “The Beatles” better known as The White Album.

“Helter Skelter” is also the name of a carnival ride – an “amusement park ride with a slide built in a spiral around a high tower.

In 1713, Robert Louis Stevenson wrote the poem, Helter Skelter.

Many would sue for copyright infringement because both words of the Dexter episode are the same as the title of the Beatles song.

11.

DEXTER – Season 7 Episode 11 – Do You See What I See?  “Do You See What I See?” likely refers to the 1962 Christmas song, “Do You Hear What I Hear?”

Bing Crosby  –  Do You Hear What I Hear  (1962)

Many would sue for copyright infringement because four (4) of the six (6) words of the Dexter episode are the same, and the title of this song.

12.

DEXTER – Season 8 Episode 9 – Make Your Own Kind Of Music.  “Make Your Own Kind Of Music” likely refers to the 1969 “Mama” Cass Elliot song, “Make Your Own Kind Of Music.”

“Mama” Cass Elliot  –  Make Your Own Kind Of Music  (1969)

Many would sue for copyright infringement because all six (6) words of the Dexter episode are the same as the title of the song.

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In future posts about DEXTER, I will discuss the referencing of movies, television shows and other cultural artifacts.

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My Rotary Talk & The Confluence of Music, Technology, Business and Law

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I’m thrilled to be able to speak to the Birmingham Rotary this morning especially after having spent a great night with many of them last night at Silver Coin Indian Grille in Hoover AL.

Because I was asked to speak at the ROTARY, I assumed the topic of business would be pertinent.  And because I am a musician, I am well aware of how important business is.  And because I am a musician, I know that technology is present in every second of expression, and musical expression.  And because my life has taken me into copyright law, I’ve learned that copyright law is also present at every moment of expression – public expression.

Music – I used to define it as “anything which vibrates for any amount of time which can or cannot be perceived.”  I concocted that definition because all of the “normal ones,” i.e., more traditional definitions of music featured words like, “pleasing,” and “intelligible,” and to me, were too culturally-imposed and culturally-biased.  They were concocted by people who had to make order out of sounds.  And that’s another thing I hated – sounds were usually considered outside of the definition of music.  “Sounds” only became a part of music if they were “pleasing.”  These Cultural-Charged Members of The Defining Class annoyed me.  I had to set up something better.  And on a different note, I was fascinated by the spectrum of vibrating waves – very short ones made for higher pitches, longer ones made lower pitches.  And the range of vibrating particles that  covered music were so small in the BIG PICTURE of waves.

And let’s leave out taste.  I prefer the radicalism, bad taste and shock value of Stravinsky and Xenakis to Cyrus and Thicke (wow – is this ever an August 2013-dated sentiment!).

Technology – I first think of the technology of the human body.  We can improve it – grow taller, gain weight, lose weight, study how to project your voice, how to sing more than one note at a time, how to out scream her/him, how to strike instruments and sing for 12 hours nonstop, etc.  That’s one fine body or technologically adequate body you’ve got there.  That’s some technology.  Other technology – build a bigger and better piano by gathering and making stronger and longer pianos.  Bach had a better keyboard than Gesualdo, Beethoven’s was better than Bach’s, Liszt’s was better than Beethoven’s and so on.

And technology means digital – digital instruments in your mobile handheld device that can sound like an oboe even if it is an iPhone without a double reed or damn expensive beautiful black wood.

And technology means the Internet – communicate with everyone everywhere whether they like it or not.  And the cost of that communication, reproduction, etc. can be free or nearly free.  It certainly feels free.  So, I’ll talk something about technology this morning.

Business – someone is supporting your habit of making music – playing and/or creating music.  Blue collar musicians, those who are “so good with their hands,” can be a valued group in society until one moves in next door, serenades you on a date in a restaurant or tries to date your child.  But business is always involved in the dissemination (and sometimes) creation of music.

Law – law at its best REFLECTS our values (or gets out of the way of our values); at its worse, law REGULATES our values (sits on the face of, pounces on, hammers down on what we want to express and receive).

So, if music is done in public, or done TO another person in public or private (via MP4, MP4+, etc.), we have by necessity the confluence of all four (4) – music, technology, business and law.

And then comes copyright law which sometimes is at the heart of evaluating expression – matching the amount of legal protection particular expression has with its amount of originality.  Of course money/business and technology are looking over the fence peering in and wanting to play alongside Music and Copyright Law.  “Don’t fence us out, dude!”

That’s where I come in.  My name is Friday.  I wear a badge (is that how Dragnet begins?).

It was Wednesday, August 28, 2013 and I was sitting next to the nicest woman who just left.  We were both having breakfast but I was typing more than eating and laughing at how foolish it is to think I should write a blog post here surrounded by so many pretty business women in the hotel breakfast place.  I laugh too much and especially now as I am writing this.

What should I play today?

The USPS “Creepy Clown commercial”

Vivaldi

Bartok

Joe Diffie

The Beatles

Dolly Parton as Tracy Chapman

Bob Dylan

Which One Is Hootie

Jonathan Coulton

T.I. (and not Thicke?), etc.?

And I have to bring Breaking Bad into this.

Walt is about 50, Jesse is about 25.  “50” seems respectable.  “25” is young and gullible.  50 knows more and gives orders.  25 trusts him.  50 is always taking advantage and winning over 25.  25’s immaturity and lack of seriousness leads to so many mistakes, usually for 25 but at other times he causes 50 trouble.  50 and 25 make some great product and money together but you know in the end 25 doesn’t stand a chance.  50 will spit him out and find another 25.

That’s Breaking Bad.  That’s the music industry.

To be continued.  I hope everyone loves and enjoys their Wednesday with or without humps.

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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.

 

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Humans Acting Out In Business, My Favorite Twitter Accounts – the letter “A”

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Awhile ago I published a list of Resources that I intend to update, i.e., a living, breathing document.  It is what could be called a “Bibliography,” and I used to call it that until I received the very good advice to change the name, “Bibliography,” to “Resources.”  Those Resources are a list of websites that relate in some way to the music and entertainment industry  –  they are connected to the music and entertainment industry in my mind.  It is my belief that every musician and person in the world of music and entertainment must know more than music.  Law, technology, business, film, video, television, advertising and communication, especially 21st century style communication by means of social media, are some of what should go into/be shot into/forced down the throat of/taught to a musician or person living in these post-Mayan times.  We need to confront and try to master what is represented by those social media proper nouns –  those companies and services –  and verbs formed by speaking nouns as if they were verbs.  For example:

We Facebook

We FB

We Tweet

We Google Plus

We G Plus

We G +

We G+  (with “G+” rather than “G space +” we assume that long distance is not as good as close distance)

We Pinterest

We Pin

We Social (spelled, “we so.cl” – any Microsoft-inclined people reading this?)

We Tumblr (4 ya)

We WordPress

We Blog

We Microblog (this is not the same as calling a physician because a blog lasts more than 4 hours)

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My Resources will include new categories and lists beginning with “these are a few of my favorite Twitter accounts,” whether “the dog bites” or “the bee stings.”  These are meant to make you not “feel so bad.”  For now, they are websites.

Here is a glimpse (not “Glympse,” the app) of one of the future coming attractions  –  my long list of Favorite Twitter accounts.  For now, this post will be an annotated list of my favorite Twitter accounts that begin with the letter, “A.”

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Dr. E. Michael Harrington

www.emichaelmusic.com

emh2625@gmail.com

Resources:

Twitter:

My Favorite Twitter Accounts:   The letter “A”

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AJEnglish

Al Jazeera English is a great resource for news of the world (oops – not that “News of The World.”  Al-Jazeera is not a terrorist organization.  Did I need a paragraph for separation between News Of The World and “terrorist organization?”)  Al Jazeera:  Good.

Alleyinsider

Want to find out what’s happening in the world of computers/computing/digital this and that?  There’s AlleyInsider.

allsongs

National Public Radio does so many things well.  This is a great place to hear music of many styles, places and genres.  “NPR’s online and on air music show. Dedicated to finding music you’ll fall in love with.”  Yes, this is an exceptional statement and one which “can get away with” ending a sentence with a preposition.  

AMAnet

The American Management Association, not the American Medical Association.  Good straightforward articles about the world of “humans acting out in business.”  I will take credit/blame for that “humans acting out in business” phrase.  Catchy, eh?  Says the Canadian.

anildash

Anil Dash has a good brain and sense of humor.

annkpowers

Ann is a “writer, a-mama, poptimist trying to eat right and live present in a high-fructose world.”  Very insightful and smart talk about music and life.

AppStore

Something to do with Apple and applications?  Promotional but some of the promoted material is worthwhile.

arslaw

Fun times in the world of technology, law and policy.

arstechnica

Described on their Twitter profile as, “original news and reviews, analysis of tech trends, and expert advice on the most fundamental aspects of tech and the many ways it’s helping us enjoy our world.”   I agree.  I love that they love to “enjoy our world.”  It’s also good that they used “it’s” to mean “it is.”

artbrodsky

Very good stuff from an attorney/thinker/Internet advocate and blogger for Public Knowledge.

artistshouse

“Helping Musicians and Music Entrepreneurs Create Sustainable Careers.”  That is a damn good calling as musicians are often lambs led to 1. wolves, 2. slaughter, 3. cruel biological experiments, 4.  numbers 1, 2 and 3 at once.  The Artists House Music site is the best resource for musicians who strive to know more than potted plants, and AHM is in desperate need of funding.

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In future blog posts:

1.  My Favorite Twitter accounts – the letters “A” and “B”

2.  More about the foolish lawsuit against Alicia Keys.

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As Apple Annoys Again

There are millions of Apple fans worldwide – those who will anxiously await the newest shiny silver Apple device. If it is shiny and silver we’ll buy it, or at least I love to say that given any chance.   Samsung’s new (September-October 2012) commercial for their Galaxy S-3 smartphone makes good fun of us Apple fanboys and fangirls who will wait in lines for hours and days to be the first to get the new Apple toy, most recently, the iPhone 5.

I use “shiny” in deference to my all-time favorite Onion parody – a fictional news story about a fictional new Apple product – the MacBook Wheel.  If you don’t know this genius of a parody, you’ve come to the right place!  I  consider this Onion parody on Applemania and technology reporting to be on a par with the original and quintessential “mockumentary”  – “This Is Spinal Tap.”

In The Onion’s news exclusive, “Apple Introduces Revolutionary New Laptop With No Keyboard,” we were introduced to the funny but too-accurate saying, “I’ll buy almost anything if it’s shiny and made by Apple.”

There were many gems in this short piece including my favorite – Apple’s new “Predictive Sentence Technology,” with its millions of sentences from which to choose:

The aardvark admitted its fault.
The aardvark admitted it was wrong.
The aardvark asked for an aardvark.
The aardvark asked for a dagger.
And so on…..

But now to the problem I have with Apple today:

I listen to KCBS’ technology expert, Larry Magid’s brief daily podcast where he gives concise summaries of important news developments in technology, new gadgets, and services, as well as problems faced in cyberspace.

Here is one of Larry’s recent posts from his “Larry’s World” blog, on an annoying “improvement” in Apple’s iOS 6.

Apple claims that its Ad Tracking is  “a non-permanent, non-personal device identifier that adverting networks will use to give you more control over advertiser’s ability to use tracking methods.”

But it is not so “non-permanent” and it might give you “more control” but certainly not enough control.  Or the ability to completely opt out of being tracked by advertisers.

As Larry points out, the opting out option is not in an intuitive place, and is nearly completely hidden.  One might think to look under “Settings” and then, “Privacy,” or under “Settings” and then “General,” and then “Privacy,” but none of these would be correct.

Instead one has to go to “Settings” and then “General.”  OK.  That’s sensible.

But the next step is bizarre – one must click on “About,” not “Restrictions,” or “Accessibility,” or another heading.  (And under “General,” there is not even an option entitled, “Privacy.”)  “About” is where one usually finds one’s serial number, device model indicator, cellular data number, wi-fi address, etc.  Not where one would dig to change a privacy feature.

Next, after one has highlighted “About,” one must scroll down nineteen (19) headings to the word, “Advertising,” which is located just below “Modem Firmware” and above “Diagnostics & Usage.”  Huh?

Next, one will click on the only option available – “Limit Ad Tracking.”  So if you then click on “Limit Ad Tracking,” you are supposedly in for some relief from advertisers.  But what kind and how much relief?  Why isn’t there an option to “Eliminate” or “Disable” ad tracking?

You have only one option – the ability to “limit” advertisers’ ability to track you.  You won’t know that advertisers have truly been limited and to what extent.  Just trust Apple on this one – you have taken firm control of your online privacy with respect to advertisers, or as much as Apple will permit.

Apple is a great company for brilliant U.I. and ease and fun of use of their shiny silver toys.  This feature and its obscure location, however, makes one realize that Apple plays by rules that aren’t benevolent or consumer-friendly (Apple loves us, don’t they?).   Apple has sold us another expensive toy, so that we can buy into an expensive monthly marriage with a telecom and then sell us to as many advertisers as possible.  And in addition, millions of us are now choosing to rent the music and books we have already purchased.

But as Kip Dynamite sang at his wedding in the film, “Napoleon Dynamite:”

“Yes, I love technology, but not as much as you you see, but I still I love technology, always and forever…”