- The big (bad) news this month is an eye injury resulting from a combination of a scratched contact lens and my keratoconus. The gist of it is that I’ve been living in a world of fuzzy vision for almost three weeks. The first several days of the experience I could not spend time on screens as my healing cornea was extra-sensitive to light. My work pace was at a snail’s pace, but I somehow didn’t get too far behind. This became a learning experience, and I have a lot of thoughts. I also started listening to audiobooks (something I never warmed up to before), and it was easy to imagine that The Obstacle is the Way was written about my eye condition.
- A big thanks to Craig at ReverbNation for turning me on to the Cocaine & Rhinestones podcast. This got me through the toughest days of wounded eyesight. Host Tyler Mahon Coe (son of David Allen Coe) is affable, coming off like an opinionated friend filling you in on his obsessions. There are times when Coe gets a little carried away with the nit-picky details (often relegated to the final ‘liner notes’ section of each episode), but it’s endearing and shows his investment in the subject. I highly recommend his history lessons about this important American music and culture. If you’re unsure, then I suggest trying out the fascinating Bobbie Gentry episode or the Rusty & Doug Kershaw episode. The latter inspired me to listen deeply to Neil Young’s On The Beach with headphones in darkness at the dead of night, one of my favorite music moments of the past few years.
- I posted my recent article Why Streaming is the Future of DJ’ing on Medium, and it’s gotten a fantastic response. It was even reposted by the terrific newsletter Platform & Stream as the top story of the day.
- Nirosta Steel’s The Dry Ice Remixes 12” is out. It features two hot shot remixes by my friend Sleazy McQueen in collaboration with Colombian DJ duo Vagabundo Club Social. Beautiful modern disco pressure that I can’t recommend highly enough.
- What I Read This Month:
- What I Watched This Month:
Stalker
The Sacrifice
Babylon Berlin
Purple Noon
Brian Eno: 1971-1977 – The Man Who Fell to Earth - What I Listened To This Month:
Yung Wu – Shore Leave
The Windows 95 start-up sound, time-stretched 4000%
Laraaji’s stunning FACT mix 648
Group Listening’s lovely cover of Arthur Russell’s “A Little Lost”
Neil Young – On The Beach - A Few Other Things I Enjoyed This Month:
But Does It Float (try the ‘Random’ tab)
This interview with Steve Albini
Great advice from Sloan on how to keep a band together
How Miles Davis Changed Jazz
The amazing + addictive Tones web app
An Introduction to Conny Plank in 10 Records
My friends David + Jennifer go to Düsseldorf and meet a Kraftwerk
Why Streaming is the Future of DJ’ing
Download sales are in a free-fall as acceptance of music streaming continues to grow. If you’re in the dance music industry, you might feel some immunity (at least for now) as DJs are your primary customers. And DJs have to download, right? They still need the digital files on a USB, or a CD if they’re (ahem) old school. Well …
Dance music download platform Beatport has acquired Pulselocker, the DJ-centric streaming service that ceased operations late last year.
Pulselocker allowed DJs to access music to include in their sets. It integrated with various DJ software and hardware systems, worked offline, and reported usage back to rights owners. As a result of the deal, Beatport plans to utilise Pulselocker’s patented technology within its own planned streaming service later this year.
Coverage of this acquisition has noted that Beatport previously attempted a streaming service and failed. But it’s easy to see that the plan here is much different. While Beatport’s earlier streaming ambition was to be like a dance music Spotify, the Pulselocker acquisition promises something new: a subscription streaming service for DJs.
I remember once terrifying a DJ friend of mine with the prediction of a ‘Wi-Fi CDJ’ that would access the DJ’s library from the cloud. The result is not that much different than inserting a USB, really — the DJ would be found scrolling through song titles on the CDJ’s screen and queuing selected tracks for play. It made sense for this prediction to be subscription-based, and for the DJ to be able to organize the catalog with folders and tags beforehand using an app. There would also be an offline element in case the network connection got spotty. My friend was worried as this alternate future killed dance music’s market for downloads.
But the last market flying the flag of paid downloads isn’t as healthy as we’d like to believe. DJs are a tribal group, bonding tightly over music and club life. The thought of piracy may not ever enter their minds but sending MP3 copies of a dozen hot tracks to a DJ buddy is an acceptable notion. The dance music world is also rooted in an often desperate promo culture, with labels sending links to free downloads of the latest release to hundreds (sometimes thousands) of tastemakers in one go. Don’t get me wrong — many DJs are still buying downloads, but many others are incentivized not to.
The streaming DJ set-up is disruptive and offers an alternative. The convenience of instantly adding to one’s library transforms copying and sharing amongst DJs into recommending. And I can also see promo services doing deals with Beatport or other streaming-for-DJ services, allowing private ‘lockers’ of pre-release music accessible only through invitation.
There is an issue of bandwidth and audio quality. Discerning DJs prefer the uncompromised quality of a WAV or AIFF audio format, which means large file sizes. But bandwidth and speed are always getting better, and I can imagine these futuristic CDJs utilizing a cellular network in addition to Wi-Fi internet, or can be reliably wired in by ethernet or other systems. There’s also the offline option, and I guess that libraries would be downloaded ahead of time into temporary onboard memory – or transferred to a USB for backup – in case of network failure. If this all works as planned then why even play MP3s? The DJ has the preferable WAV or AIFF option at her fingertips (or, likely, a future lossless format devised for streaming DJs) so why settle for inferior sonics? The overall sound of clubland improves.
For labels and self-releasing artists, the available data will be mind-blowing. Theoretically one could check stats on a Monday morning to see how many times a track got played over the weekend, in what cities, and maybe even — if these future CDJs are geo-located — what clubs. There’s also a payment to labels per play which might mirror Spotify’s subscription model (though I hope Beatport considers adopting a subscriber share model). At first, this may seem a severe downgrade from download income, but when one considers the decline in shared MP3s and the potential monetization of promos (not to mention the improved potential for discovery), then things get a little rosier.
Another factor making a difference is the conceivable ease of reporting venue play for performance royalty collection. Ideally, I’d like to see the streaming service or even the CDJ itself automatically report the set list to performance rights organizations. If that doesn’t happen, then the DJ or venue can easily output a list of the songs played during a set for online submission. This innovation, coupled with the advent of audio fingerprint technology in play identification (already being tested in a handful of countries such as Germany and the UK), helps solve the longstanding problem of inaccurate distribution of venue-related performance royalty. Historically, a nightclub’s yearly license payment to a performing rights organization (such as BMI and ASCAP) goes to an assumed pool of top-tier artists, no matter the music policy of the club. These technological solutions would radically change the landscape, and non-mainstream clubs could finally see their mandatory licensing fees going to underground artists. So, in the near future, a dance music producer could find direct income from DJ play via streaming subscriptions and venue performance royalty.
It’s inevitable that DJs will use streaming or cloud-based services as their ‘record crates’ (well, save for the vinyl hold-outs — like me). DJs are not strangers to disruption, having transitioned from 12”s to CDs to USB sticks to laptops in just over thirty years. But this is the big one, changing how we select, promo, discover, collect, play, and monetize. The art of DJ’ing responds to the technology so it will be interesting to see how this next step affects the DJs, their ingenuity, and the sounds they play.
What Am I Doing Now? (March 2018 Recap)
- I started testing a new music marketing consultancy package that I plan to unveil next month. The process in a nutshell: I interview the client and audit his or her online assets and overall presentation. I create a report with my initial insights and recommendations, and we get on a call to discuss and brainstorm. I follow this conversation with an expanded, final version of the report containing actionable tasks that the client can immediately implement. We then have a limited email exchange to go over any questions about my recommendations, and I’ll follow-up a month later to check on progress. The client is also welcome to schedule regular brainstorm sessions and audits to keep the process going. The goal is to set the client up for the next stage in his or her music career, whether it’s for an upcoming release, a tour, or just a professional ‘polish’ to become more attractive to the likes of record labels, promoters, or managers. I can work this magic for recording artists or labels — or both, as was the case with the first client to go through this procedure, the talented techno producer Deepak Sharma of Hidden Recordings. I’m excited for what this will bring and the people I’ll be meeting and advising.
- Two new releases I’m assisting with that you should check out: Arthur’s Landing – Spring Collection EP on Buddhist Army; and More Ghost Than Man – The Courage To Lie To A Dying Man on Westerns With The Sound Off. Also, we’ve received vinyl copies of Nirosta Steel’s The Dry Ice Remixes (featuring remixes by Sleazy McQueen), and these should be hitting the cool record stores at the very beginning of May.
- I’m always testing new systems to improve daily productivity. This month I’m trying out Cal Newport’s Daily and Weekly time-blocking scheme. In the past, I attempted time-blocking using a calendar app but found this to be too rigid. For example, there was no room to extend a task ‘on-the-fly’ for a few more minutes when nearly finished, and it was difficult to change a schedule if confronted with the unexpected. These issues, combined with nagging calendar alerts, stressed me out more than increasing effectiveness. Newport’s system allows some ‘float,’ is refreshingly paper-based, and it’s easy to rearrange the calendar if things get out of whack. I also like the idea of a Weekly Plan reminder in my email inbox. It’s become a game to have that reminder email be the only thing in the inbox at the end of the day. The early results are encouraging and, if it continues to work, I’ll do a blog post about this and the rest of my productivity system.
- Great discovery: Kanopy. If you’ve got a local library card (and you should), then chances are you will be able to access this streaming movie service for free. You’re limited to five movies a month, and the selection is strong, including more than a few Criterion classics (French New Wave, Italian Neorealism, those samurai movies I love …) and recent independent offerings.
- What I Read This Month:
Genghis Khan and the Making of the Modern World
Steal Like an Artist: 10 Things Nobody Told You About Being Creative
Wait But Why: The Elon Musk Post Series (which is basically a book) - What I Watched This Month:
Kim Dotcom: Caught in the Web
Wild Wild Country
SHOT! The Psycho-Spiritual Mantra of Rock
Journey To Italy
and @garydvisualz took me to my first 3D blockbuster, Ready Player One - What I Listened To This Month:
Gwenno – Le Kov
Ryuichi Sakamoto & Alva Noto – Glass
Mariah – Utakata No Hibi
Kenneth James Gibson – In The Fields Of Nothing
The wonderful ‘long’ versinon of Wire’s “Outdoor Miner” - A Few Other Things I Enjoyed This Month:
Anil Dash on what it’s like to be a ‘non-celebrity’ with 500,000+ Twitter followers
An interview with the mayor of the curious, Orwerllian town of Scarfolk, UK
Planet Earth as described in the 116 photos aboard the Voyager spacecraft
This video of Brian Eno getting giddy over his Ultra-Harmonizer in 1994
Ten moments in the history of Cocteau Twins … some which were new to this longtime fan
That time Sterling Morrison left the Velvet Underground for an academic life in Texas
Musical Memories from Imaginary Places
I came across this wonderful article in The New Yorker about a YouTube-posted version of Toto’s “Africa” made to sound like it’s playing in a shopping mall:
In my 3 a.m. mood, the YouTube edit, uploaded by a user named Cecil Robert, was almost too affecting to bear; it sounded like longing and consolation together, extended into emptiness, a shot of warmth coming out of a void.
Oddly, listening to Toto’s “Africa” in a mall seems to trigger some fundamental human emotion … hearing a song you love when it’s playing from elsewhere is a reassuring, isolating experience: you feel solitary and cared for at the same time.
Recall that Brian Eno conceived of what he termed ‘ambient music’ after being forced to listen to a harp recording at low volume, accompanied by the natural sound of rain outside his window. Eno probably never heard a harp mixed with outdoor rainfall before, so there wasn’t a past emotional reference that affected him. It was the context of where the music existed in his mind, inspired by factors like environment, volume, reverb (natural or otherwise), and sonic quality (the frequencies that were accented or muffled). Just the same, I’m not sure if the author of the New Yorker article experienced “Africa” at a shopping mall in her childhood. But the combination of imagined context (a shopping mall, where she spent time in her youth) and a beloved song from the era triggered an emotion from a memory that probably never happened.
The YouTube clip shows a photo of a shopping mall interior, located in Everytown, USA, and the parenthetical subtitle “playing in an empty shopping centre.” This description in itself is odd, as the poster’s US origin makes me expect “center.” Perhaps he’s fittingly an anglophilic victim of the ‘80s British Invasion? But I digress – my point is that the recording would not have the same effect without the photo of the mall or the subtitle planting the seed in our heads. Instead, the picture could be of an aircraft hanger, subtitled “playing in an empty aircraft hanger.” Would retired airplane mechanics suddenly get all swoony?
Probably not. The shopping mall is powerful for contextualizing as we’ve all heard music blaring through similar retail compounds. It’s doubtful an airplane mechanic regularly heard music blasting through a hanger. The potency is in connecting two parts of the brain that agree on a possible spatial and temporal environment for a song. This song sounds different — that’s because we’ve been told it’s playing in a shopping mall. Our experience allows an understanding of this context, and now we’re feeling twice as nostalgic.
This experiment is insightful. I’ve always felt that, as a music producer, creating make-believe settings for songs can accentuate the song’s ability to connect with listeners. By constructing a world that the song takes place in – whether a particular room, or a landscape, and/or a different time – and allowing this to influence production decisions like reverb, stereo placement, equalization, and extraneous sounds, the song has the potential to open the listener’s imagination. However, there’s no reason to state that you’ve set the song in a shopping mall or any other imagined territory. By following through on intention and delivering context, the song becomes more of a living thing and cinematic, with the listener encouraged to create his or her story.
This idea isn’t original. There are a number of songs and albums inspired by fictional places. But, if you haven’t considered this creative game, then I recommend it. And I’m asking you to fabricate the whole story, look, and feel of the place. Is it rocky or is it soft? Is it high up or underground? Are you there alone or are people, plants, or animals with you? Does this place have a name?
Early in my recording career, I met producer Howie B., and he gave me this advice: “Invent a mental movie scene and record the soundtrack.” Howie meant this in terms of an imaginary film dictating the builds and turns of a song, but the movie’s setting would naturally influence the sonic characteristics. Even without action, a scene set in outer space gets scored differently than one occurring on the Amalfi Coast. And, to emphasize this point, no one has to know the location or plot of your mind-movie. Keep it your secret – that will encourage you to stretch, go to places that you might be embarrassed to reveal, places from your memory, or even appropriated scenes from movies that exist in the real world.
I’m simply proposing a creative exercise to give your muse some extra juice. Unless you’re making music that Eno would define as ‘ambient’ — that is, background music meant to be listened to alongside its environment – you shouldn’t use a fantastic imaginary setting to compensate for a half-written song. And subtlety is key. Overdoing your ‘sailing through the Grand Canyon’ tune with heaps of reverb and bird noises will probably be more distracting than affecting. But contextualizing music, as an occasional practice, might guide the producer toward fascinating discovery and, like Toto in a shopping mall, give the listener an unexpected jolt of emotion and haunting familiarity.
What Am I Doing Now? (February 2018 Recap)
- I’ve brought on a couple of new clients for publishing representation: San Francisco’s Sleight Of Hands (check out their excellent cover of “I’m Not In Love”) and Nathan Maners. There are others in the works. Exciting times here at 8DSync.
- I’m also working on two new projects in an advisory role: an upcoming EP from Arthur’s Landing titled Spring Collection; and a single from Terry Grant’s More Ghost Than Man project, taken from his stunning 2016 self-titled album.
- A major project this month was the launch of Snax’s PledgeMusic campaign for the vinyl version of his excellent Shady Lights album. I was closely involved in putting this together and enjoyed collaborating with Snax and the PledgeMusic team. This company has a great crew working behind the scenes. If you are a fan of limited edition vinyl in a deluxe package or solid electronic funk music in general, then I implore you to check out Snax’s Shady Lights campaign.
- Eagle eyes may notice that I’ve removed the Services tab from this site. I’ve decided to do fewer label services projects and focus more on music publishing, licensing, and consultancy. I’ll be revamping things here over the following weeks, and will be offering a new way that I can help independent labels and self-released artists determine and implement innovative strategies. Stay tuned.
- The weather is warming up in Florida. We’ve already hit the mid-80s a few times, and we’re not yet out of February. I’m torn between being worried and overjoyed. Regardless, I’m resuming my Lake Holden paddle board sessions, a highlight of my day and the preferred way to meditate and think.
- What I Read This Month:
- What I Watched This Month:
The Square
Hiroshima, Mon Amour
BPM (Beats Per Minute) (my favorite 2017 movie, I think)
Phantom Thread - What I Listened To This Month:
Deutsche Elektronische Musik 3: Experimental German Rock and Electronic Music 1970-82
Palta – Universel
Pendant – Make Me Know You Sweet
Patrick Cowley – Afternooners
San Mateo – Breather
The House In The Woods – Bucolica
Kuniyuki Takahashi – Early Tape Works (1986 – 1993) - A Few Other Things I Enjoyed This Month:
Seth Godin has a fantastic new weekly podcast titled Akimbo
If you make true crime documentaries then act quickly to acquire the rights to this tale of the Worst Roomate Ever
I like the writer Steven Johnson, and I’ve been wrapping my head around blockchain, so I found this article fascinating: Beyond The Bitcoin Bubble
Artist Winston Smith designed all those Dead Kennedys album covers I loved as a teenager. It’s a pleasure to find out he’s a pretty cool dude, too.
What Am I Doing Now? (January 2018 Recap)
- In addition to strengthening a daily journal habit that began a couple of years back, I’ve decided to plunge into Ryan Holiday and Stephen Hanselman’s The Daily Stoic Journal, accompanied by a reading from The Daily Stoic. I’ve been casually studying Stoicism (indeed, taking part in what’s become a resurgence), fascinated by its intersections with Buddhist teachings. The most profound learning comes from action or reflection, so Holiday’s prompts to journal on these philosophical teachings are themselves an encouragement to dive in further.
- This leads to a change in my morning routine. This month I’m experimenting with waking by 6:30 AM and quickly making a cup of strong tea (usually a teaspoon each of green tea, black tea, ginger, and MCT oil). I then read the day’s entry from The Daily Stoic and meditate for 20 minutes. After my quiet meditation, I journal in The Daily Stoic Journal, write at least a page about what’s on my mind in my blank journal, and then plan out my day in the Panda Planner (something else new I’m trying out). Then it’s coffee time, light breakfast, and the start of my workday. So far so good, and I’ll report back if this routine changes in the next months. (update: the Panda Planner is a great idea, and it might be perfect for you, but it turns out it doesn’t quite fit into my routine.)
- Speaking of meditation, I highly recommend Kevin Rose’s Oak app. It’s free and useful for meditators at any level, though I still recommend Headspace if you’re just getting started. After using Headspace for a few years and becoming comfortable with meditation, I find that Oak’s unguided meditation feature is perfect for my needs. I’m enjoying the app’s breathing exercises, too.
- I started 100 days of Seth Godin’s The Marketing Seminar. This is my second time through this program. The first time I didn’t finish as I got sidelined by things that needed attention in my personal life, and overlap with my intense four weeks in altMBA (which deserved 100% of my attention). Now that I’m fully focused, The Marketing Seminar is impactful, and I’m having a great time and learning a ton. It’s making me a better writer, too, as it’s kindly pressuring me to write all the time. (I highly recommend The Marketing Seminar and altMBA … feel free to contact me if you have questions about either.)
- As part of a goal to ramp up a writing practice, I’m going to try my hand at writing record reviews (or short essays about records I’m listening to). Maybe this will also give some virtual ink, and a shiny new search result to a few overlooked album releases as I’ll be focusing on the mostly unrecognized. Here’s my first effort.
- This month I spoke to a copyright class at Full Sail University and sat on a couple of panels at this year’s Music Placement Conference. Both were terrific and fun experiences, and I enjoyed talking with (and hopefully inspiring with encouragement) the students, songwriters, and music industry types I encountered. I’m aiming to do more speaking and panel appearances throughout the year.
- My friend (and fellow altMBA alumnus) Dean Caravelis interviewed me for his fantastic Outrageously Remarkable blog. It’s a straight transcript, so I come off a bit ranty and stumble through frequent run-on sentences, but I believe this conveys the enthusiasm and excitement I feel when I talk about these subjects. I also don’t think I’ve ever publicly told that Mike Watt story.
- What I Read This Month:
- What I Watched This Month:
I, Claudius
Wormwood
The Florida Project
A Ghost Story (loved it)
The Disaster Artist
Call Me By Your Name - What I Listened To This Month:
Art Feynman – Near Negative
The Gentleman Lovers – Permanently Midnight
Hiroshi Yoshimura – Music for Nine Postcards
Ebo Taylor And The Pelikans
Goran Kajfes Tropiques – Enso
F ingers – Awkwardly Blissing Out
Habibi Funk: An Eclectic Selection of Music From the Arab World - A Few Other Things I Enjoyed This Month:
How to Be a Responsible Music Fan in the Age of Streaming
Jaron Lanier on The Ezra Klein Show
See With Your Ears: Spielberg And Sound Design
Another Green World: How Japanese Ambient Music Found a New Audience
How Kraftwerk’s Classic Album Computer World Has Changed People’s Lives
Legend of the Fall: Mark E Smith Kept Swinging to the End
Awkwardly Blissing Out: A Ghostly Occurrence
Listening to F ingers is a ghostly occurrence, not of the floating sheets kind but that of an occupied space, occupants unknown. Just as stylized cinematography or purposefully scratchy film grain can feel like an additional character in a movie, F ingers’ lo-fi, mumbling production imagines a confined architecture and a smokey mist seeping through door cracks. I’m cautious but entranced.
Comprised of Australians Carla Dal Forno, Tarquin Manek, and Samuel Karmel, F ingers reveals (to me) Awkwardly Blissing Out, their second effort for the deservedly hip Blackest Ever Black label. There are only six tracks, but there’s much to digest here. The album recalls the experimental DIY production renaissance of the cassette crazy late ’80s/early ‘90s, including work by a few forgotten New Zealand sonic scientists (for hemispheric relevance). These influences have layers, and I’m driven to find pieces of Brian Eno’s “In Dark Trees” within “All Rolled Up” and the DNA of Cabaret Voltaire’s Red Mecca wrapped around the album’s title track. But it’s the deliberate aural claustrophobia that’s striking, relieved momentarily by Dal Forno’s lovely, sing-songy – and somewhat disembodied – vocals. The compositions exhibit a restrained improvisation, seemingly deliberate when listened from top-to-bottom, but there’s frequent evidence of the ‘happy accident.’ For example, that relatively catchy synth motif in “Your Confused” isn’t improvised in the notes played, but in the playful tweaks of processing and timbre.
There’s perhaps this movement away from the pristine and the technical in music production. The surprise is the evocative nature of the imperfect, whether a wistful mood inferred from a ruined tintype photograph or a chill-on-the-spine delivered via a crumbling homestead. Awkwardly Blissing Out masterfully transports the listener in this way. It’s a nice and spooky place to visit, though you probably wouldn’t want to live there.
Holger Czukay’s Secret Code
My friend Tom was years older than me, and he let me regularly visit his house to listen to records. I was a weirdo growing up isolated in Central Louisiana, and friends like Tom were invaluable. His record collection was immense and consistently opened my mind to amazing sounds. Tom introduced me to Krautrock, a music genre that was startling to a Louisiana teenager in the mid-’80s. I think Faust came first and I paid homage to the discovery many years later. But the wildest lightning strike occurred when Tom put the needle on CAN’s Monster Movie and a song called “You Doo Right”:
A lot is going on in that 20+ minute song, recorded the year I was born. The pounding drum line, a spiraling guitar, and Malcolm Mooney’s yowling vocal churn together like rotating machinery. The mesmerizing hook, though, is provided by Holger Czukay’s trampoline of a bass line. If repetition is a form of change then Czukay nails the concept. As Czukay once said, “The bass player’s like a king in chess. He doesn’t move much, but when he does, he changes everything.”
It feels somehow inapt to simply identify Czukay as “CAN’s bassist.” Holger Czukay was the band’s co-founder, its center, its de facto leader, its producer and engineer, its tape editor, its bassist, its radio knob turner, and, effectively, its light and its shade. In its early-’70s prime, Can was dedicated to collective improvisation — as Czukay put it last year to Mojo, “We were not thinking. When you make music together, you have to reach a common accident.” At its best, the group sounded like a single organism. But one man, Czukay, collectively tuned them.
Holger Czukay was also a prolific solo artist and collaborator, working with the likes of Brian Eno, Jah Wobble, and David Sylvian. Pitchfork has published a solid sampling of Czukay’s efforts which is worth checking out.
Holger Czukay, 79, passed on this week, found dead in his home which doubled as the old Inner Space studio in Weilerswist, Germany. CAN drummer Jaki Liebezeit passed last January.
There’s little denying the influence of either, and theirs is an influence that’s obscured like a secret code. It runs covertly through so much music and so many genres. Some of us are indebted a lot, and others just a little, but we’re all indebted.
The Digital Dispute Over Mechanical Royalty
Lots of confused, angry, and wide-eyed rumblings due to Spotify’s latest legal pronouncement. The Hollywood Reporter explains:
What {Frankie Valli and the Four Seasons member Bob} Gaudio’s lawsuit alleges — as did the prior class action — is Spotify is violating the reproduction rights of publishers and songwriters. Those making a mechanical reproduction of a musical composition can obtain a compulsory license and bypass having to negotiate terms with publishers. However, those doing so have to follow certain protocol like sending out notices and making payments. The lawsuit claims that Spotify hasn’t done an adequate job of doing this.
In the past, Spotify has pointed to the difficulty of locating the co-authors of each of the tens of millions of copyrighted musical works it streams. It fought the class action mainly on jurisdictional grounds as well as challenging whether the lawsuits were ripe for class treatment. But Spotify seems prepared to go another step and set off a legal firestorm by now challenging what rights are truly implicated by streaming.
“Plaintiffs allege that Spotify ‘reproduce[s]’ and ‘distribute[s]’ Plaintiffs’ works, thereby facilely checking the boxes to plead an infringement of the reproduction and distribution rights,” states a Spotify motion for a more definitive statement from the plaintiffs. “But Plaintiffs leave Spotify guessing as to what activity Plaintiffs actually believe entails ‘reproduction’ or ‘distribution.’ The only activity of Spotify’s that Plaintiffs identify as infringing is its ‘streaming’ of sound recordings embodying Plaintiffs’ copyrighted musical compositions.”
Spotify is implying that digital streaming doesn’t entail reproduction; thus the service never owed mechanical royalties in the first place. If you’re confused (and that’s understandable), Complete Music Update gives a solid explainer:
In music, and especially music publishing, a distinction is commonly made between the reproduction and distribution controls – often referred to as the ‘mechanical rights’ – and the performance, communication and making available controls – commonly referred to as the ‘performing rights’.
When you press a CD you exploit the mechanical rights but not the performing rights. When you play a song on the radio you exploit the performing rights but not the mechanical rights. But what about digital?
Copyright law doesn’t usually state which controls the digital transfer of a song or recording exploits, though generally the music industry has treated a digital delivery as both a reproduction and a communication (or a reproduction and a making available) at the same time. A download only exploited the mechanical rights, while a personalised radio service like Pandora or iHeartRadio only exploited the performing rights. However, with on-demand streaming of the Spotify variety, it has generally been accepted that both the mechanical and performing rights are being exploited.
(The full CMU explainer is worth a read.)
I admit, applying mechanical royalty to digital streaming seems a stretch at first. But what’s important to remember is mechanical royalty is not meant to be tied to purchase or the consumer acquiring the duplicated composition. For example, if a label manufactures 1000 CDs then mechanical royalty must be paid for all 1000 copies, even if only 50 sell.
Technically, streaming does require a download, though that download is immediately deleted from the device’s RAM. So, even though the listener isn’t purchasing or acquiring the song, there is a duplication taking place.
This does get tricky when one examines the separation of radio-style services (such as Pandora’s traditional streaming ‘stations’ and iHeartRadio) and on-demand streamers (Spotify, Apple Music). I don’t know the technical specifics, but doesn’t a Pandora ‘station’ download the file to a device’s RAM as well? Almost every other country in the world seems to think so, as the US is an outlier in excluding digital radio-style services from mechanical royalty payment.
If the issue of mechanical royalty and streaming goes to court, it will be watched very carefully as the precedent set either way would be monumental.
Spotify has already paid out tens of millions in settlements over unpaid mechanicals which is likely to be seen as an admission of guilt, hurting the chances of the ‘we should be exempt’ argument. So the money is on the status quo. Regardless, songwriters have a right to be concerned. The line taken by Spotify’s lawyers reveals that the company believes writers should be paid even less than they presently are.
The Patronage Economy and Fan Accessibility
Here’s an enthusiastic TED Talk from Jack Conte, co-founder of Patreon and one-half of Pomplamoose:
Conte: What gets me super excited to be a creator right now, to be alive today, to be a creative person right now, is realizing that we’re only ten years into figuring out this new machine, to figuring out the next hundred years of infrastructure for our creators. And you can tell we’re only ten years in as there’s a lot of trial and error. There’s some really good ideas and there’s a lot of experimentation.We’re figuring out what works and what doesn’t.
More from The Verge on Patreon’s promise:
Patreon isn’t simply a replacement for record labels or TV networks, though. Instead it’s the ideal incubator for niche internet subcultures, where a small but dedicated group of fans can directly support work they care about. That includes traditional arts and entertainment, but also YouTube celebrities, cultural figures, or even political actions — some inspiring, some troubling. The Patreon model encourages people to see themselves not as consumers, but as members of a private club, free from the constraints of mainstream gatekeepers or mass-market appeal. And in the process, it’s blurred the lines between art, artist, and audience in an unprecedented way.
I admit two things here: I share Conte’s optimism and enthusiasm for being a creative person in this current era. I also quite like the idea of Patreon. It’s been tough for me to warm up to crowd-funders like Kickstarter and PledgeMusic as I can’t get over the perception of having to plead with one’s fans.
Then there’s the ‘breaking the fourth wall’ aspect. “Pledge $500 and the band will cook you dinner.” I know this works for some artists and fits in their M.O., but is this the future for all creators? Maybe I’m old fashioned in that I enjoy an air of mystery from the musical acts I enjoy. I’d rather not have them cook me dinner or call me on the phone in return for some cash.
On the outside, Patreon seems different. The ‘patron’ is joining the fan club and getting perks. For musicians using Patreon, these perks could be advance peeks at songs, limited merch or physical releases, and glimpses into the creative process. But there’s also the phone calls, the live chats, the guitar lessons. Again, that’s fine if this intimacy with fans comes naturally, but the worry is it becoming an expectation from those who aren’t comfortable. You know, like most artistic types.
From The Verge again:
Unlike their predecessors, internet celebrities thrive on a radical accessibility. {Musician Peter} Hollens, for example, has built his current a cappella career on subverting the rock star mystique. He’s got an easy answer for why there are so few fellow musicians topping Patreon’s charts: “Musicians are a product. We have a difficult time conveying to the audience that we’re people,” he says. “I’m a person first and a musician second, because that’s the best angle to take to succeed in the future as a musician. It’s very difficult to have that come across when you have, like, a slick produced audio and visual thing.” His music videos are complex and stylish, but he ends each one by earnestly addressing the camera, breaking the fourth wall between him and his audience.
In this system, it’s almost impossible to separate a work of art from its creator — or, at least, its creator’s public persona. Is there a future for someone who wants to be a musician, but not a personality? “No. I don’t think so,” Hollens says. “I don’t think the reclusive thing is going to happen anymore. That’s not the world we live in. Like, the Brad Pitts of the world” — distant celebrities who are loved from afar — “are losing value.”
I still think there’s room for the aloof artist. With accessibility becoming the norm I’m entertaining the idea that aloofness might now be a marketable ‘angle.’ I’d love to see a mysterious artist use and exploit Patreon, or something like it, and subvert the platform’s preference for approachability. Is there anyone out there presently attempting this?
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