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My Take on The 2014 Grammys Show
I'm a Grammys member & am supposed to be thrilled & engaged. The opening is perfectly predictable like every Grammy show. But for once I don't think we'll get an EDUCATIONAL lecture about the evils of downloading & that downloaders, Pandora and the ANTICHRIST herself aka GOOGLE who have stopped the performance & creation of music. I wish the teleprompter readers the very best of luck tonight. And I am pro-my clients, friends and the old people (Beatles rhythm section guys and any other 60+ ancient folk). Time for Twitter where there is peace.
Dexter Not Only Murders, He Steals Intellectual Property - Part 1
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.
2013 Future of Music Coalition - Viola Jokes & My Tweets, Rants & Reactions (Part 2 of 2)
This is Part 2 of 2 posts about the Future of Music Coalition's Annual Policy Summit held October 28-29, 2013. If you've not read enough acronyms today, this will be your place for fulfillment as you'll read FMC, ISRC, ISWC, ISNI and GUID. I also found it worthwhile to link to two of my Pinterest pins from my New York City & The Arts Pinterest board, as well as a beautiful viola concerto written by Hector Berlioz, but only after seeking absolution from violists for having linked to pages of viola jokes.
2013 Future of Music Coalition - My Tweets, Rants & Reactions (Part 1 of 2)
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.)
Copying & Using Lyrics As Lyrics, Names Of Bands, Magazines & Organizations
I want to mention and briefly discuss the copying of lyrics.Many questions can arise pertaining to the copying of lyrics, questions that can be extremely wide-ranging. For this space today, I am mostly concerned with identifying a few examples of copying that I find constructive, reconstructive and progressive, i.e., these examples of copying do not infringe copyright or constitute laziness on the part of the new author/creator.Why are lyrics copied? Are lyrics copied for some of the same reasons that music is copied? I will pose a few possible answers as to why lyrics are copied:
Wiz Khalifa's Black & Yellow Does Not Infringe The Copyright of Pink & Yellow by Maxamillion
Lawyers who are considering filing a music copyright infringement lawsuit should consult someone with expertise in the field of music. I have passed for having "expertise," and U. S. district courts have called me an "expert." When I deal with issues outside of my field, I call on experts. The best lawyers call on experts because the lawyers know that their expertise does not extend to other non-legal areas, especially one such as music that requires so many years of specialization.These lawyers wanted me to agree with their assertion that Wiz Khalifa had infringed the copyright of Maxamillion. They came to me for my expertise. They paid me for my expertise and expert opinion but as soon as they received my expert opinion, they argued with me about my findings.
Ministry of Sound v. Spotify setlists, and Madness in Parrots
Ministry of Sound's attorneys are bored and need something to doThis is one of the most absurd lawsuits I have ever seen. Ministry of Sound want only THEIR set list(s) to be the set lists that can be accessed when listeners are on Spotify. You can't have your own. Forbidden. Verboten. Our words were etched into tablets received by Charlton Heston. Don't mess with them.
My Rotary Talk & The Confluence of Music, Technology, Business and Law
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.
Good News for Robin, Katy & One Direction: Music Copyright Expert Says Nobody's Ripping Off Anybody
Hey music fans: it's time to stop accusing artists of ripping off other artists. Because according to an expert in music copyright law, nobody really has a case.Exhibit #1: Robin Thicke's "Blurred Lines." Robin and his co-writers just went to court to to establish that "Blurred Lines" doesn't rip off two particular songs: Marvin Gaye's "Got to Give It Up. Pt.1" and "Sexy Ways," by the group Funkadelic. But let's say Robin was to get sued anyway. Would he lose? Music copyright law professor Dr. E. Michael Harrington says no.
Who's tripping down the streets of the city? Robin Thicke?
8 Questions raised in the previous post now answered:1. If Artist B copied a less-than-2-second phrase from Artist A (that when repeated in Artist A's song amounted to 2% of Artist A's song), should Artist A be entitled to 50% of Artist B's profits?Answer: NO2. Is awarding 50% of Artist B's copyright to Artist A sufficient recompense for the copy of 2% of Artist A's copyright?
You Stole 2% Of My Song - Now Give Me 50% Of Your Song. (That's How We Count 'Round Here.)
1. Listen to the Black Crowes' song: Jealous Again2. Listen to Gretchen Wilson's song: Work Hard, Play Harder3. Did you hear anything similar between Jealous Again and Work Hard, Play Harder ?4. Verse 1, verse 2 and verse 3 of Jealous Again open with the same simple melody: 3-5-3-2-1-6.
Did Gretchen Wilson infringe the Black Crowes?
Why should this happen? Can someone simply assert that you, the Songwriter, have stolen someone else's music? Does the fact that someone alleges theft make it a theft? Are you guilty because someone with more (A) power, (B) influence or (C) money (A, B, C, A+B, A+C, B+C, A+B+C) asserts so? Does that more powerful person have any alternate and/or better idea(s)? Has that more powerful person investigated other solutions? What can you, the Songwriter, do? Do you admit to the "facts" with which you have been confronted? Is there a loved one, friend or family member who can help? Do you need emotional help? Do you need financial help? Do you need legal help? Do you need MUSICAL help? Or do you need every kind of help just mentioned and more?
The Amorphidity of the Organic Internet, Christian Tiger School, Tom Jones & Crosby, Stills, Nash & Young Singing A Song of Paranoia
This performance of Tom Jones with CSN & Y was new to me but my respect for Tom Jones was boosted post-1960's as I learned of Tom Jones' friendship, collaboration and/or work with other artists including The Chieftains, Frank Zappa and Janis Joplin. I have enormous respect for Tom Jones, the superb, creative and original musical artist.
"The phone is at the forefront of the future"
The biggest and most hyped music news of July 2013 seems to be the new alliance between Jay-Z and Samsung. This deal is very good for Jay-Z as Samsung has bought 1 million copies of Jay-Z's new album, Magna Carta Holy Grail. (Warning - Magna Carta Holy Grail begins with Justin Timberlake singing. And he's singing in a very high register. This is a hip hop album? A hip hop album that does not begin with a skit?) Jay-Z received $5 million for the 1 million copies. Magna Carta Holy Grail will be free for the first 1 million Samsung phone users who download the app.Articles about the Jay-Z/Samsung alliance are found in...
Loathing, Litigating & Legislating; Adventures in Piracy & Final Thoughts about 2013 New Music Seminar
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.
Managing Music Artists - My Tweets from 2013 NMS
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.
State of the Music Industry - My Tweets from 2013 NMS
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...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?
State of the Music Industry (and then there are data plans)
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.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.
Preying On Songwriters, My Winter Vacation & Re-Gifting
H E R E I S T H E P R O B L E M A S I S E E I TSometimes the songwriter's team members are playing for a different team, or perhaps playing a different sport. What I mean can be illustrated in a situation like this involving Songwriter(s) A and Songwriter(s) B.Songwriter A's publisher and/or attorney receive(s) a letter from songwriter B's publisher and/or lawyer telling Songwriter A that her/his new song has ripped off or infringed or copied or stolen Songwriter B's song. Publisher A/Attorney A informs Songwriter A that we better fix this. The way to fix this? Songwriter A simply and quickly needs to fork over half of A's copyright and future royalties on his/her song, and make sure that Songwriter B's name appears everywhere that Songwriter A's name appears on this song. All future royalties will be split between A and B.
The Russian Monster Fill, Bath Bombs, Tervis, Twitter + the letter "B"
Last night I learned about bath bombs and Tervis shakers. The bath bombs excited my excessively girly girly friend, while the Tervis shaker we found at Bed, Bath & Beyond in mall-infested Williamson County, was a Patriots shaker. I'll now be able to make my Irish versions of caipirinhas here in Middle Tennessee using my new New England Patriots Tervis shaker.Back to these are a few of my favorite Twitter things. When the dog bites, when the bee stings. I'm still stuck on that Mary Poppins' song. This time - the letter "B."