June 14, 2013
May 29, 2013
Lessons learned in the post-Napster era
At TechDirt, Mike Masnick discusses the things we learned from Napster:
Last fall, law professor Michael Carrier came out with a really wonderful paper, called Copyright and Innovation: The Untold Story. He interviewed dozens of people involved in the internet world and the music world, to look at what the impact was of the legal case against Napster, leading to the shutdown of the original service (the name and a few related assets were later sold off to another company). The stories (again, coming from a variety of different perspectives) helps fill in a key part of the story that many of us have heard, but which has never really been written about: what an astounding chill that episode cast over the innovation space when it came to music. Entrepreneurs and investors realized that they, too, were likely to get sued, and focused their efforts elsewhere. The record labels, on the other hand, got the wrong idea, and became totally convinced that a legal strategy was the way to stem the tide of innovation.
The Wisconsin Law Review, which published Carrier’s paper, asked a few people to write responses to Carrier’s paper, and they recently published the different responses, including one from a lawyer at the RIAA, one from another law professor… and one from me. This post will be about my paper — and I’ll talk about the other papers in a later post. My piece is entitled When You Let Incumbents Veto Innovation, You Get Less Innovation. It builds on Carrier’s piece, to note that the stories he heard fit quite well with a number of other stories that we’ve seen over the past fifteen years, and the way in which the industry has repeatedly fought innovation via lawsuits.
You can read the whole paper at the link above (or, if you prefer there’s a pdf version). I talk about the nature of innovation — and how it involves an awful lot of trial and error to get it right. The more trials, the faster what works becomes clear, and the faster improvement you get. But the industry’s early success against Napster made that nearly impossible, and massively slowed down innovation in the sector. Yes, a few players kept trying, but it developed much more slowly than other internet-related industries. And you can see why directly in the Carrier paper, where entrepreneurs point out that it’s just not worth doing something in the music space, because if you want to actually do what the technology enables, the kinds of things that are cool and useful and which consumers would really like… you’ll get sued.
May 26, 2013
May 21, 2013
Ray Manzarek, RIP
Musician Ray Manzarek, co-founder of The Doors is dead at 74:
Ray Manzarek, who as the keyboardist and a songwriter for the Doors helped shape one of the indelible bands of the psychedelic era, died on Monday at a clinic in Rosenheim, Germany. He was 74.
The cause was bile duct cancer, according to his manager, Tom Vitorino. Mr. Manzarek lived in Napa, Calif.
Mr. Manzarek founded the Doors in 1965 with the singer and lyricist Jim Morrison, whom he would describe decades later as “the personification of the Dionysian impulse each of us has inside.” They would go on to recruit the drummer John Densmore and the guitarist Robby Krieger.
Mr. Manzarek played a crucial role in creating music that was hugely popular and widely imitated, selling tens of millions of albums. It was a lean, transparent sound that could be swinging, haunted, meditative, suspenseful or circuslike. The Doors’ songs were generally credited to the entire group. Long after the death of Mr. Morrison in 1971, the music of the Doors remained synonymous with the darker, more primal impulses unleashed by psychedelia. In his 1998 autobiography, “Light My Fire,” Mr. Manzarek wrote: “We knew what the people wanted: the same thing the Doors wanted. Freedom.”
May 13, 2013
Space Oddity … performed in space
International Space Station Commander, Chris Hadfield, performs a revised version of David Bowie’s Space Oddity. Seen in this video is the Larrivée Parlor guitar that has found it’s home on the ISS for the last decade. Chris has used this Parlor, the first guitar in space, to write and record the first musical recordings in space. Here at Larrivée we refer to Chris as “The Space Cowboy”.
Below is the original description as posted by Chris himself on his YouTube channel… enjoy.
Published on May 12, 2013
A revised version of David Bowie’s Space Oddity, recorded by Commander Chris Hadfield on board the International Space Station.
With thanks to Emm Gryner, Joe Corcoran, Andrew Tidby and Evan Hadfield for all their hard work.
Update:
That Bowie remake wasn’t even Chris Hadfield’s first video in space – here he is live with Barenaked Ladies youtube.com/watch?v=AvAnfi…
— David Burge (@iowahawkblog) May 13, 2013
April 24, 2013
Copyright terms are almost certainly too long already
At Techdirt, Mike Masnick makes the case for reducing the swollen length of time current copyrights are protected:
We’ve pointed a few times in the past to a chart from William Patry’s book, looking at how frequently copyright was renewed at the 28 year mark back when copyright (a) required registration and (b) required a “renewal” at 28 years to keep it another 28 years. The data is somewhat amazing:
As you can see, very few works are renewed after 28 years. Only movies, at 74% are over the 50% mark. Only 35% of music and only 7% of books tells quite a story. It makes it quite clear that even the copyright holders see almost no value in their copyrights after a short period of time. It appears that the Bureau of Economic Analysis is coming to the same conclusion from a different angle. As Matthew Yglesias notes, as part of its effort to recalibrate how it calculates GDP, the BEA is considering money spent on the creation of content an “investment” in a capital good, which needs to be depreciated over the time period in which it is valuable. Frankly, I’m not convinced this is the smartest way to account for money spent on the creation of content, but either way, the BEA’s analysis provides some insight into the standard “economic life” of various pieces of content, which match up with the chart above in many ways.
April 19, 2013
“Recklessly normal” band inducted into Rock and Roll Hall of Fame
Jessica Allen on Rush:
The first time Maclean’s wrote about Rush was in our July 12, 1976, issue. Back then, Geddy Lee was 22 and the band’s music sent “teen-age fans into paroxysms of ecstasy.” But offstage, the three members were described as “recklessly normal.”
Not much has changed.
Rush’s fans are, well, unique. It was their ardour, after all, that persuaded the Rock and Roll Hall of Fame to include Rush among its 2013 inductees. Tonight, Dave Grohl and Taylor Hawkins of the Foo Fighters will present Rush at the Hall of Fame ceremony in Los Angeles 10:30 p.m.
[. . .]
In 1997, Rush was the first rock band to be appointed officers of the Order of Canada since the national honor system, which recognizes “significant achievement in important fields of human endeavor” was created in 1967.
When asked about why it took so long for the band that produced 19 records in a row to reach gold or platinum certification in Canada to be inducted into the Hall of Fame, joining the ranks of bands like Abba, Aerosmith, The Talking Heads and Madonna, Lee suggested that it might have to do with the style of music they play: “Progressive rock is not accepted by this group of people who make this decision. Yes are not in the Hall. That’s an error. Deep Purple are not in the Hall. That’s an error. Moody Blues are not in the Hall. So prog-rock is viewed as a kind of lesser art form by the powers that be.”
April 16, 2013
Andy Baio: Copyright is the new Prohibition
Techdirt‘s Mike Masnick explains:
Andy Baio has an absolutely fantastic video presentation that he did recently for Creative Mornings/Portland on what he’s calling The New Prohibition. It’s half an hour long, but absolutely worth watching.
[. . .]
This video lets him talk a bit about the aftermath — to explain the true chilling effects of the threat and the eventual settlement. Baio is a creator. It’s in his blood. It’s what he’s always done, but after this he was afraid to create. Being threatened with a lawsuit, even if you believe you’re right, is a scary and possibly life-altering moment. Lots of people who have not been in those shoes think it’s nothing and that they could handle it. You don’t know.
As he notes in the talk, copyright law is probably the most violated law in the US after speeding and jaywalking (and I’m not even sure copyright infringement is really in third place in that list). But getting rung up for one of those gives you a “bad day” situation, not a ruined life. Copyright, on the other hand, can ruin your life. And chill your speech and creativity.
And this is the worst part: so many people, especially kids, are at risk. Baio also famously highlighted the prevalence of the phrase “no copyright intended” on YouTube. Tons of kids uploading videos use clips of music and videos with a phrase like that. Or with statements about fair use. Or with copyright law quotes. All, as he notes, to try to find that magic voodoo that wards off a possible lawsuit. Most of those people aren’t being sued.
But they could be.
March 27, 2013
A collaboration that should have happened
I missed this when it was posted last week:
Paul McCartney has revealed how he once asked electronic music pioneer Delia Derbyshire — creator of the Doctor Who theme music — to remake one of the Beatles’ most famous songs, Yesterday.
The former Beatle said that as a fan of experimental music he wanted the BBC Radiophonic Workshop composer to create a different version of the song.
[. . .]
Derbyshire is hailed as one of the most important figures in the history of electronic music in the UK. As part of the Radiophonic Workshop — the avant-garde wing of the BBC’s sound effects department — she created the distinctive signature tune for new TV series Doctor Who in 1963, using musique concrète techniques and sine- and square-wave oscillators to realise Ron Grainer’s score.
Derbyshire stopped making music in the 1970s, only rekindling her interest after working with Pete Kember (once of the group Spaceman 3) shortly before her death in 2001 at the age of 64.
Yesterday originally appeared on the Beatles’ 1965 album Help!. It is one of the most covered songs in the history of popular music, with more than 2,200 versions thought to exist.
March 26, 2013
Tunisians troll their own government with memestorm
Timothy Geigner on the Tunisian response to a government that fails to comprehend YouTube:
You will remember the nation of Tunisia for being a flash point of the Arab Spring revolution, in which social media and the internet played a massive role, as well as for the post-revolution government’s subsequent crackdown on those tools that brought them into power. There seems to be something of an ongoing problem within Middle East governments, in that they simply don’t recognize how to handle popular dissent, often taking on the very characteristics of the dissenter’s complaints to an almost caricature level. In that respect, while it may sound silly, any government learning to deal with the open communication system of the net is going to have to come to terms with memes and the manner in which they spread.
Which brings us back to Tunisia. They seem to have a problem with this Gangnam Style, Harlem Shake combo-video produced by some apparently fun-loving Tunisian students (the original was taken down due to a highly questionable copyright claim, by the way, because while even the Tunisian government wasn’t evil enough to block the video, a bogus DMCA claim had no such qualms).
You can guess how the Tunisians reacted…
March 19, 2013
Punk Rock deemed harmful … to punks
In the Seattle Weekly, John Roderick explains why the punk social movement has been harmful to those who live the punk lifestyle:
For those of us who grew up in the shadow of the baby boom, force-fed the misremembered vainglory of Woodstock long after most hippies had become coked-out, craven yuppies on their way to becoming paranoid neo-cons, punk rock provided a corrective dose of hard truth. Punk was ugly and ugly was true, no matter how many new choruses the boomers added to their song of self-praise. It was this perceived honesty that we, the nascent Generation X, feared and worshipped. But over time punk swelled into a Stalinistic doctrine of self-denial that stunted us. The yuppies kept sucking, but by clinging to punk we started to suck too.
I have friends in their mid-40s who don’t even have a savings account because “saving money” never seemed punk rock. I can’t count the number of small businesses I’ve seen fail because worrying about inventory or actually charging customers didn’t seem very punk rock. I was once chastised for playing at a private Microsoft function by a guy who worked there, so disappointed was he that I would sell out by playing a corporate gig.
Punk taught us to rebel against authority until “authority” included everything: piano lessons, fire insurance, leather shoes, and, ultimately, growing up. Punk taught us to have contempt for every institution, except Fugazi, until contempt and suspicion were the first and only reactions we had to everything. Good news was embarrassing, success was shameful, and a happy childhood an unthinkable transgression. These personality disorders were just punk in practice.
It’s time we stopped disavowing happiness and measured pride, we punk survivors, wrapping ourselves in itchy thrift-store horse blankets thinking that only discomfort is honest. It’s time we stopped hating ourselves, our ambition, and our sincerity, guarding our integrity credentials in fear of interrogation by the secret punk police. It’s time to unmask punk rock, admit that it has done us no favors, and banish it from our minds. There is no one waiting for us at the gates of heaven with a big book of punk, ready to judge our souls and validate our credibility. Punk rock is bullshit, and was always bullshit. Say it with me.
H/T to Colby Cosh for the link.
February 15, 2013
A self-described hippie who loves capitalism. Ladies and gentlemen, please welcome Neil Young!
In sp!ked, Patrick Hayes reviews Neil Young’s new book, Waging Heavy Peace: A Hippie Dream.
Neil Young, the man who penned wistful lyrics about silver spaceships flying and about sleeping with Pocahontas, is, he openly admits in his autobiography, ‘a material guy’. After completing a project, he would ‘buy a car or something to celebrate’. He lavishes praise on Bill Ford, the executive chairman of Ford Motor Company. He gushes about the disruptive nature of new technologies. And he speaks romantically about developing business plans and navigating ‘the waters of venture capitalism’. When raving about being able to buy a green card to live in the US, Young even goes as far as to announce: ‘Capitalism rocks.’
In fact recently, he tells us, he has been dreaming more. Since his life-threatening brain aneurysm in 2005, when he decided to ditch his various narcotics, he dreams ‘every night, not like before, when I induced dreams in the waking hours to snatch them in their innocence and commit them to song and melody and words captured’.
While he has far from quit songwriting, kicking the drink and drugs has given Young a new sense of mission, something that makes him feel alive – in fact, a mission that makes him question whether he has ‘been asleep’ over the past 40 years. Young is currently ‘trying to rescue recorded sound so people can feel music again’. While a huge fan of the internet, Young has become increasingly infuriated that current methods of reproducing music digitally keep very little of the quality of the original. But he is never one to sit back and moan about how things were better in the days of vinyl. He has instead become obsessed with finding a solution.
And, with additional time due to a broken little toe, he also decided to tick another box by following in the footsteps of his father, famous Canadian author Scott Young, by writing a book. In this instance, an autobiography, with a second book tentatively titled Cars and Dogs planned, but ‘no matter how many books I write, I will eventually get to fiction’. He comments on the ease of writing: ‘No wonder my dad did this… writing could be just the ticket to a more relaxed life with fewer pressures and more time to enjoy with my family and friends – and paddleboarding!’
February 13, 2013
The Jazz Sweatshop (or the Harvard University of Jazz)
In the New York Review of Books, Christopher Carroll discusses the great Charles Mingus:
Mingus (1922-1979) would have turned ninety last year, and in celebration, Mosaic has released The Jazz Workshop Concerts: 1964-1965, a new box set with rare and previously unreleased performances by some of Mingus’s greatest ensembles. These concerts, recorded near the apex of Mingus’s career, are visceral and often unvarnished. At times, the music here can be forbidding — several tracks run beyond thirty minutes — and though it may not be as uniformly polished as some of his studio albums, at its best this set captures an element of shock and surprise that Mingus’s studio recordings sometimes don’t.
“Mingus music,” as he called it, was so complex and so much an extension of his own personality that it was largely played only by his own group, the Jazz Workshop. Turnover in the Workshop was high, partly because he couldn’t afford to pay his musicians very well, partly because the experience was so grueling (members called it the Jazz Sweatshop), and partly because so many of them, after sharpening their skills with Mingus, went on to lead their own bands (Gary Giddins once called it the Harvard University of Jazz).
Even with Mingus at the helm playing bass (and sometimes piano), Workshop performances often resembled practice sessions more than concerts. He did everything in his power to push his players beyond their limits: while a musician was soloing, he might double the tempo, cut it in half, or drop the accompaniment of the bass, drums, and piano entirely, all without warning. Often, players would buckle under the pressure and songs would grind to a halt, with Mingus screaming recriminations and heaping shame on everyone in sight. But sometimes his musicians would rise to the challenge, and it was the possibility of this transcendence that gave Jazz Workshop performances such an electrifying sense of expectation and adventure.
January 29, 2013
NYC’s petty bureaucrats and the evolution of modern jazz
From the latest issue of Reason, Chris Kjorness outlines some of the pitfalls New York City thoughtfully put in the way of some of the greatest performers of Jazz:
For more than two decades musicians, comedians, and anyone else employed by a Gotham nightclub would be fingerprinted, photographed, and interviewed by police in exchange for a license to work. The card had to be renewed every two years, and it could be revoked at the whim of the police. The story of the cabaret card illustrates how small men with a little bit of power can inhibit creative expression, stifle artistic growth, and humiliate individual citizens, all in the name of the “public good.”
The cabaret card had its origins in the roaring ’20s. Prohibition made outlaws out of ordinary Americans, and the allure of booze, jazz, and debauchery brought the upper and lower classes together in clandestine after-hours spots. It was the height of the Harlem Renaissance, and white New Yorkers frequently made the trip uptown, looking for adventure and an escape from the tight moral constraints of downtown society.
[. . .]
More than just a barrier to work, the cabaret card for beboppers was an impediment to self-expression and artistic fulfillment. While originating in nightclubs, bebop represented something much more than bar music. The color line had not been broken in American symphony orchestras, so for a young black musician at a prestigious music conservatory — Miles Davis at Julliard, for example — sharing a cramped stage in a 52nd Street nightclub with someone like Charlie Parker was the highest realization of artistic ambition. But before he could do so, a musician would have to be judged not just by lauded masters and discerning aficionados but by the police.
Cops distrusted beboppers for three main reasons: The new breed of jazzmen were anti-establishment, they were confrontational in matters of race, and they had a fondness for heroin. The police had an unlikely ally in their crusade against the upstarts: older establishment jazz musicians who had their own reasons to dislike the beboppers.
In a 1951 Ebony article, Cab Calloway, a king of the 1930s jazz world, decried the widespread drug use in the current jazz scene. Though Calloway didn’t single anyone out by name, the magazine illustrated his essay with photos of bebop musicians, and the publication coincided with an upswing in police enforcement. One musician snared in this crackdown was Charlie Parker.
January 22, 2013
Jazz has been shaped not only by musicians, but also by non-musical forces
Robert Fulford talks about some of the unexpected changes in society and how they impacted the evolution of Jazz music:
Marc Myers, who writes for the Wall Street Journal and blogs at JazzWax.com, shrewdly explains this process in his new book, Why Jazz Happened (University of California Press). He describes how events ranging from city planning to inventions in sound technology altered the nature of jazz during three decades beginning in 1942. In those 30 years jazz changed from an accompaniment to dancing and drinking to a concert-based performance art directed at careful, even scholarly listeners. Myers can give at least half a dozen reasons why this happened, beginning with the suburbs.
In California the sprawl of the cities did more than shrink the audiences for artists like Teagarden. It also redefined the way jazz musicians worked together. In New York they saw each other often, since most of them lived within a few subway stops. In California they were physically separated and saw each other less often. They had to plan their rehearsals and recordings with care. Arrangements became more important to them. And by the end of the 1950s West Coast jazz had its own smooth, orderly, distinctive style, music created by geography.
The G.I. Bill, by which the U.S. government paid the university costs of veterans, had an even larger effect. Under the G.I. Bill John Lewis spent years at the Manhattan School of Music and later founded the Modern Jazz Quartet, the most elegant group of the era. Dick Hyman studied music at Columbia and became a superb all-purpose arranger and pianist. Dave Brubeck learned techniques of composition from Darius Milhaud, a renowned French composer, at Mills College (And Brubeck never let you forget it.) Pete Rugolo, Nelson Riddle and Jimmy Giuffre made themselves musically literate with the government’s support.
They and their students and colleagues became a new community of broadly educated musicians, the first generation of that kind in jazz history. The government, by accident, altered the tone of an art form.
A single genius-level engineer changed the possibilities of jazz form more than anyone else. He was Peter Goldmark, a Jewish Hungarian immigrant who became the star of CBS Laboratories. His name doesn’t get mentioned in Why Jazz Happened, but Myers nevertheless pays tribute to his accomplishment. In 1948 Goldmark introduced the LP, the 33-1/3 rpm disc, which became the worldwide standard until the CD replaced it in the late 1980s.
Before Goldmark, musicians had been limited to single discs running three minutes. Improvisation had to be carefully limited. The LP record allowed them to write or improvise at much greater length.
