8Sided Blog

a zine about sound, culture, and the punk rock dream

Incendiary and Extraordinary

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• Tomorrow is Juneteenth, and it’s the first Juneteenth that Bandcamp is donating all of its 15% sales take to the NAACP Legal Defense Fund. They’ll also allocate “an additional $30,000 per year to partner with organizations that fight for racial justice and create opportunities for people of color.” I say it’s the first as Bandcamp pledges to make this an annual thing. Many artists and labels are following suit, promising their sales shares to civil rights organizations, too. So, hey — let’s grab some music. This event is an excellent opportunity to revisit this Reddit discussion on Black ambient and experimental artists to support and this searchable site of Bandcamp’s Black-owned labels and artists. 

• Here are a couple of quick links to incendiary and extraordinary examples of Black art: the 1986 film Handsworth Songs is experimental documentary filmmaking at its best, via John Akomfrah and the Black Audio Film Collective; and this NY Times article from Marcus J. Moore compiling ’15 Essential Black Liberation Jazz Tracks.’ [LINK] + [LINK]

• Twenty Thousand Hertz is an informative podcast that delves into the “world’s most recognizable and interesting sounds.” The latest episode is about a topic near-and-dear to my heart: music copyright lawsuits. The host, Dallas Taylor, examines the ‘theft or inspiration?’ dilemma and lucidly explains the legalities. The podcast episode serves as a good explainer for those who want to know more about the topic and has a few interesting new perspectives for been-down-that-road folks like me. For what it’s worth, I don’t think any of the cases brought up in the episode should have gone to court. I do understand the potential dangers of broadly loosening our parameters on copyright, but letting experts decide on music theft disputes rather than a jury is a better idea. I wrote more about this topic here. [LINK]

• As you know from previous ramblings, I’m thinking a lot these days about how I use the online medium and the digital footprint I’m leaving. I’m playing around more with micro.blog and this site’s connected ‘micro-8sided’ blog. I’m trying out an idea of the microsite as an idea repository — a placeholder for things I’m reading, listening to, and thinking. It looks like this: short ideas and notes jotted down in the microblog, longer and better thought-out pieces on this ‘main’ blog and the email newsletter. I can use the micro to access things that grabbed my interest, expanding on some of those topics here and in the newsletter. That means the microblog provides a peek at what I’m thinking about as a preview to topics appearing here. At least, that’s how it works in theory. I may chuck it all later this week, depending on how time-consuming a labyrinth of thought this turns out to be. Oh, and as I’m lessening my presence on targeted-ad-fueled social media, micro.blog now crossposts to Twitter, and I’ll aim to visit that place less and less. Bye-bye to Facebook, too.

• Here’s a gorgeous ambient track from Dedekind Cut, an artist (and song) recommended in the Reddit thread I mentioned above.

• Lake Holden held a surprise this morning at dawn. Spot the moon. [LINK]

Getting Nostalgic with the Spot Lyte On Podcast

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I had an enjoyable conversation with Lyte’s Lawrence Peryer last week. We got nostalgic about learning about new music in our formative years — especially challenging for me as a teenager in the middle of Louisiana. I told him about hanging an electric antenna out of my bedroom window and how crappy equipment made me a better DJ. Then, we talked about why there should be niche streaming services, how people are forgetting Frank Zappa, and that Sandinista! isn’t the best Clash record to start with. I used the word “fascinating” a lot.

Oh, and we recorded this sprawling conversation. It’s the latest episode of the Spot Lyte On… podcast, and you should give it a listen. It’s fun.

At one point, on the subject of indie music discovery in the mid-80s, I mention a fanzine called The Bob1Sadly, I can’t find a history online to link to, but contributor Fred Mills talks about it in this interview.. I call it my ‘music bible at the time.’ I can’t express enough how vital this mag was for me. It brought this sixteen-year-old punk rocker to The Velvet Underground, after all. Anyway, after we spoke, Lawrence sent me this link on Etsy. Someone is selling four vintage issues of The Bob. I remember all of these — I read them cover-to-cover, and probably more than once, when they were brand new. Seeing these mags in this photo delivered that melancholy pang of remembering that youthful period of discovering that music means something. You know the pang I’m talking about. Sigh.

For someone who professes to avoid nostalgia, there’s a lot of nostalgia in this podcast. I hope you enjoy the conversation.

Shine a Light

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First off, as previously mentioned, today is ‘Bandcamp Friday’ — the platform is waiving its cut of revenue with 100% going to the artists. Here are some suggestions where you can throw your support today:

  • Pitchfork’s list of labels and artists directing Bandcamp revenue to Black Lives Matter organizations [LINK]
  • A list of black artists, producers, and black-owned labels on Bandcamp [LINK]
  • Resident Advisor’s list compiling both, with an emphasis on electronic music [LINK]
  • If you’re into ambient music, here’s a Reddit thread listing ambient artists of color that could use your support (h/t Terry Grant) [LINK]

Like most of you, I was feeling dispirited and down yesterday. The constant barrage of evidence that this country is falling apart weighs heavily. And the gray skies and rain weren’t helping. I had an interview scheduled in the early afternoon and didn’t know if I was up for it. I was looking for some good news, and anything would do.

Unexpectedly, Warren Ellis provided that bright spot with a shout out on his blog, perhaps in response to my shout-out to his blog on Tuesday. It’s a nice boost to get mentioned under the ‘Isles of Blogging’ tag. I’m proud to inhabit my little beach-side hut.

One thing I learned: Ellis has a lot of readers. There are a lot of new eyes peering at this speck on the web (hello), and I picked up a healthy amount of newsletter subscribers. Shining a light on a fellow toiling soul is one of the best parts of operating in an independent space, whether you’re a band or a novelist or a painter or a blogger. It’s a lovely feeling when you’re the recipient.

I mentioned Ellis’s newsletter — Orbital Operations — only a couple of days ago. It’s something I look forward to each Sunday. One of its regular highlights is the heartfelt words of encouragement closing each email, a needed end-of-week reminder that things eventually will be cool. I’ll shine a little light back by urging you to subscribe.

My interview was with Lawrence Peryer for the Spot Lyte On podcast. I talked about growing up in Central Louisiana, the challenges of finding underground music there, the historical threads of influence that connects musical artists, utopian streaming models, Kraftwerk (of course), and lots of other things. It was freewheeling and fun. Though I think we intended to include music industry shop-talk, there was very little of that. The podcast hits the pod-ways next week. I’ll give you a preview by linking to a record from 1981 that comes up at the end of the discussion: the mind-blowing “Outside Broadcast.”

Side-note: I enjoy gabbing on podcasts. If you’re interested in having me gab on yours then please get in touch.

I also mentioned a podcast interview with Derek Sivers. It’s an episode of Yo Podcast — an uplifting listen that will give your brain a break from the world-on-fire for an hour. Specifically, I mentioned and clumsily explained this part where Derek answers the question: Hendrix or Bowie?

Jimi Hendrix is like Charles Darwin. Darwin, he presents “The Origin of Species” to the world and it blows everybody’s mind. But now the theory of evolution is common knowledge, so to read the book, “The Origin of Species” now, is not so impressive. So Hendrix presents the “Star-Spangled Banner,” full of feedback and more sounds from a guitar than anyone had heard before, and it blows everybody’s mind. But now, every kid in the guitar store can do the same thing. So to hear the original, is not so impressive. I think it’s kind of the same with Stravinsky and the “Rite of Spring,” it’s actually kind of unfair that they’re revolutionary contribution is diminished with time.

But David Bowie is like Josephine Baker, exotic and desirable in their time, and exotic and desirable now. And same thing with Claude Debussy’s music. Like, David Bowie, Josephine Baker, and Claude Debussy, all of them stood outside of the culture. Their art didn’t infiltrate the culture and culture didn’t assimilate or adopt it. And so time doesn’t diminish their allure.

The podcast audio and the transcription are on Derek’s site.

Once again, dawn brings a bluish-gray over Lake Holden this morning = [LINK]

The Ongoing Collision of Music and Podcasts

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Recently, the co-host of the Geeks and Beats podcast posted the news that Spotify removed all 250 episodes of his show. This inexplicable act was the result of a takedown request from Universal Music, caused by an allegation of copyright infringement. The notice, sent by Spotify, did not specify what triggered the complaint, so the show’s host doesn’t know how to respond:

As you can see, we have no idea what’s being contested. All we know is that Geeks&Beats has been kicked off Spotify. And not just for the mysterious offense. All 250+ episodes are gone. Wow. Obviously, though, the sniffing algorithms found something and triggered the takedown. Try appealing to a robot.

It would be great if a copyright identification system for podcasts resembled Content ID on YouTube, where the use of songs is approved and, if desired, monetized. Perhaps that’s on the way. But, Spotify’s present one-strike-and-you’re-toast application of the tool is a problem.

If you recall, SoundExchange and PodcastMusic.com are preparing to launch a music licensing platform for podcasters.1However, I haven’t seen any updates on the launch since August, so I don’t know when this service will finally become available. Drawing upon SoundExchange’s extensive collection of pre-approved masters, the platforms expect labels and artists to set licensing prices for catalog easily, and podcasters to easily obtain those license for their shows. The service will include commercially known songs as the majors come on board.

But how will Spotify’s song-sniffer know that the podcaster acquired a legitimate license from SoundExchange? I don’t see the two platforms ‘talking’ to each other to verify music usage. What I expect to happen: Spotify automatically pulls the podcast down (every episode!). The podcaster disputes the claim with proof of the license, with no idea if she’s sending the correct documentation for the disputed song. And then she waits for the podcast to (hopefully) get reinstated. How long do you think that will take? And if it’s a podcast that regularly uses music from SoundExchange’s licensing platform, then fielding takedown notices could become the podcaster’s part-time job.

The intersection of music and podcasts is more like a collision. It’s a total mess. And the indispensable podcast The Future Of What covers the topic in detail in the latest episode. Listen and feel the frustration of everyone involved.

🔗→ This is how insane music copyright claims have become: Totally. F**cked.
🔗→ Episode #178 : Licensing Music For Podcasts

Sampling Non-Stop

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CMU’s Setlist podcast is running a fantastic series of shows on the ‘Top Ten Legal Battles’ in the music industry. The latest episode is about a European court’s recent judgment over a two-second sample from Kraftwerk’s “Metall auf Metall”. As I’ve covered on the blog, the defendant lost. It’s all quite fascinating, and the podcast covers the ins-and-outs. The hosts also include a short history of sampling litigation and an easy-to-follow explanation of the rights in play. Check it out:

The unsuccessful lawsuit over a short horn sample in Madonna’s “Vogue” is discussed in the history section. The hosts remark that the publisher for the sampled artist — The Salsoul Orchestra — used ‘new technology’ to identify the short sample. I would make a bet this technology is the website whosampled.com. Rights-owners often consult this site to find who sampled their artists. I speak from experience — someone once contacted me regarding one of my sneaky samples, revealed to the sampled artist’s publisher via that site.

In other sampling news, CMU also recently covered Drake successfully arguing fair use for one of his samples. The sampled artist was Jimmy Smith, with a snippet appearing in Drake’s “Pound Cake.” It’s a sample of a spoken word bit from 1982’s “Jimmy Smith Rap” where Jimmy states that “jazz is the only real music that’s going to last, all that other bullshit is here today and gone tomorrow, but jazz is, was and always will be.”

The case is curious because Drake cleared the recording — usually the only requirement in sample clearance — but Smith’s estate argues that he should have cleared the ‘lyrics’ as well. So, Drake went for a fair use defense for his appropriation of the lyrics.

I’ve written before how fair use is a tricky argument. There aren’t any set-in-stone conditions that qualify for fair use, but there are some loose guidelines. In the end, it’s left to the opinion of the court. And surprisingly (to me), the court ruled in Drake’s favor.

CMU:

In the words of the Second Circuit: “The message of the ‘Jimmy Smith Rap’ is one about the supremacy of jazz to the derogation of other types of music, which – unlike jazz – will not last. On the other hand, ‘Pound Cake’ sends a counter message – that it is not jazz music that reigns supreme, but rather all ‘real music’, regardless of genre”.

The court goes on: “‘Pound Cake’ criticises the jazz-elitism that the ‘Jimmy Smith Rap’ espouses. By doing so, it uses the copyrighted work for ‘a purpose, or imbues it with a character, different from that for which it was created’”. Which, the judges reckon, is sufficient to constitute fair use.

That’s a coherent and straight-forward opinion. But I still feel the ruling could have gone either way. As I’ve said before if you’re going to argue fair use then be ready to defend that in court. And keep your fingers firmly crossed.

🔗→ Artist News Business News Labels & Publishers Legal Setlist Setlist: Top ten legal battles – The Kraftwerk sampling case
🔗→ US appeals court rules that Drake’s Jimmy Smith sample is definitely fair use

Choosing Your Input and Collaborating With Ghosts

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I’m fascinated by Steven Soderbergh’s year-end Seen, Read list. The director’s started each new year since 2017 with a day-by-day record of everything he watched, read, and listened to in the previous year. Soderbergh recently unveiled 2019’s list, and it shows that he began the year watching a documentary on Area 51 and ended the year with an obscure ’40s film noir. And judging from everything in between, his media intake is constant and all over the place.

You may wonder how a busy film director and producer has all this leisure time. But is it leisure time? Here’s author and music critic Ted Gioia on the Conversations With Tyler podcast:

In your life, you will be evaluated on your output. Your boss will evaluate you on our output. If you’re a writer like me, the audience will evaluate you on your output. But your input is just as important. If you don’t have good input you cannot maintain good output… I know for a fact I could not do what I do if I was not zealous in managing high quality inputs into my mind every day of my life… This is the reason why I’m able to do this, because I have constant, good quality input, that is the only reason why I can maintain the output.

If you work in a creative field, then you need to have a firehose of input. And that input will directly influence and guide your output. The input isn’t material to copy but is there to provide steady inspiration, affecting creativity’s mental space.

Steven Soderbergh’s media diet is unguided and seemingly unfocused, which opens him to surprises and unexpected creative inspirations. And, in response, his output jumps around genres and styles. There’s not a typical Soderbergh film though there are common threads and themes.

One can also guide the input to focus the output. I remember reading an interview years ago with Robert Smith of The Cure about his creative process. He explained that before recording an album, he selects a playlist of songs that conveys the mood he’s hoping to capture. Then he listens to nothing else but these songs for the entire time that he’s working on the record. That helps him maintain the mindset he’s after, shaping the tone of the album. This practice might be dangerous now that inspiration’s sometimes interpreted as theft, but I believe it’s a great idea to lay these creative foundations. Artists are always collaborating with ghosts, after all. It’s good to curate which ones you let through the door.

🔗→ Seen, Read 2019
🔗→ Ted Gioia on Music as Cultural Cloud Storage (Ep. 79)

The Seven Book Challenge

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You’ve probably seen this floating around on social media: “Post seven books you love, one book per day, no explanations, no reviews, just covers. Each day you will ask a friend to take up the challenge.” I was challenged before and participated on Twitter. Since then I’ve been challenged a few more times, so I thought I’d make it into a blog post. Here are my seven books:

I do want to give a quick explanation. Yes, these are books I love, but I also chose the books that had the most significant impact. I read most of these as a teenager or in my early 20s. All of these books changed the way I looked at the world in some way. Someone (I can’t find the reference) called these types of books ‘earthquake books’ because they shake your foundation. I wouldn’t necessarily recommend them all — I bet the Industrial Culture Handbook hasn’t aged well — but these books perfectly lined up with my age and what I was pondering at the time. These books are a window into what shaped me.

And books continue to shape. I was an avid reader the first 25 years of my life, but let it go as my eyesight worsened.1 I suffer from an eye condition called keratoconus. And I never warmed up to audiobooks — I don’t retain information through listening as I do with reading. About three years ago, thanks to improvements in available contact lenses and apps like Marvin for the iPad, I picked up the habit again. It wasn’t easy to get back on the book train — out of practice, I was a slow reader at first — but now I’m catching up on all the recommendations I’ve gathered over the years.

The seven books above are quite different than what I read now, but make sense in context. Presently I’m finishing Ted Chiang’s Stories of Your Life and Others and Ryan Holiday’s new one, Stillness Is The Key, is on deck. I update my recent reads in this blog’s /now section.

Speaking of Ryan Holiday, his article How To Read More — A Lot More is a classic. It helped inspire me when I started reading again and was frustrated by my slow speed.

And check out the podcast 3 Books, which is all about impactful books. Ryan Holiday is the guest on a recent episode. And Seth Godin was a guest a while back — I’ve heard Seth on a lot of podcasts, and this is my favorite of all his appearances.

PS – Oh, right — I’m supposed to challenge someone in return. I challenge you. Please reveal a book that impacted your life in the comments. I need new recommendations!

PPS – I’ll be attending MondoNYC in New York this Thursday and Friday. If you plan to be there, too, hit me up.

When Small Podcasts Want Big Music

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Vintage Microphone

Billboard:

For about a year, music-business sources say, rights holders have been monitoring podcasts more aggressively for unlicensed content. “We realized we were undervaluing the podcast market,” says one source, “and started proactively approaching people who had been using music without proper licenses.” […]

Podcasters who use music say their business is evolving from an anything-goes atmosphere reminiscent of early hip-hop sampling or online radio into an industry that depends on licensing — one, some say, in which only big companies will be able to afford the resulting fees.

I like the comparison with the early days of sampling and online radio. Podcasts have legally existed under-the-radar for over a decade, inviting the ‘wild west’ cliche when it comes to music licensing. The media attention given to Spotify’s acquisitions and start-ups like Luminary is a cause for monied interests to sit up and notice. Though most podcasts continue to live in the underground, the industry is no longer an underground industry.

Those ‘underground’ podcasts — 94% of podcasts supposedly have less than 5000 downloads an episode1A statistic that I heard repeatedly at Podcast Movement 2019 but I can’t find an online source to back it up. — have little separation from the Mark Marons and the Conan O’Briens. We judge and hype-up the industry according to its successes and highest valuation. So there’s not much wiggle room for a podcast in the 94-percentile to license a well-known piece of music at an appropriately adjusted fee. And to be fair, the rights-holders for, say, “Bohemian Rhapsody” can’t maintain the infrastructure to field thousands of small-paying requests.

Another problem is the archival nature of podcasts. Licenses are more expensive the longer they are active, so licenses with set terms — such as a one-year license — are a way to cut costs. Perpetuity is ideal, and is standard in film and television licensing, but can be out-of-range for podcast budgets. The Billboard article notes that “an annual track license generally costs between $500 and $2,000 for the master recording, plus the same amount for publishing … and must be renewed for a podcast to remain online.” A podcaster in this arrangement would pay this fee annually or have no choice but to delete the archive.

Here’s Music Ally’s take:

Now imagine the admin (let alone the mounting costs) for a podcast that puts out shows on a weekly or even daily basis. […] That’s not an argument for rightsholders not to be compensated for use of music in shows that can reach wide audiences, but the annual-renewal model seems fraught with challenges: we’ve seen some catalogue games ‘deleted’ by their developers because their music licences elapsed, and the games weren’t generating enough revenues any more to make renewals pay off. Could the same thing be happening for older podcasts?

An in-the-works solution is the forthcoming SoundExchange/SourceAudio collaboration that I wrote about previously. I’m sure annual renewals from podcasts will be required through this system as well but at a much lower cost2Supposedly this service will adjust the licensing fee based on the podcast’s estimated listener numbers. and the assistance of the platform in keeping track of it all.

A more immediate solution for the indie podcaster is to eschew “Bohemian Rhapsody” for independent music, focusing on labels and artists that are receptive and probably maintain all of their rights. Most small labels I know would be happy to have music featured in a podcast, or anywhere for that matter. Of course, that’s no help if you’re doing an episode about Queen. But maybe there’s already too much out there about Queen and not enough about emerging bands. Consider giving the airtime to an independent artist that would enjoy some podcast love.

He Provides the Soundtrack, We Make the Movie

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Be sure to check out this mini-documentary from Mixmag on the enigmatic Detroit producer Moodymann. I love his vision for his city, his ruminations on record shops, and how the staff at Archer Record Pressing warmly welcomes him. But mostly I love this, said to Gilles Peterson:

We went to the club to get down and dance. Everybody knew the DJ and we didn’t sit there and look at the DJ. He provided the music … we was more into the room. He provides the soundtrack, we make the movie. Well, nowadays everybody just stands there and looks at the DJ. It’s not like that’s Prince up there performing live. That’s the fucking DJ.

I got into DJ’ing via punk rock. That may seem like a non-obvious association, but hear me out. What I liked about underground punk rock was that the band wasn’t the star — the band was merely the facilitator, and everyone in the club was on an equal level. We were all part of the show, and together we made it memorable.

There was a similar feeling in underground dance music when I started DJ’ing. It was fine — even preferable — if the DJ was in the dark or behind a wall looking through a slit.1Many clubs in the early ’90s had ‘the slit.’ I admit that I hated this at first as it seemed like a (literal) wall between the DJ and the audience. But I’ve grown nostalgic for a time when the nature of the booth implied that the music was the true star of the show. We were there to come together, every person as necessary to this party as the next, rejoicing in the feeling of the music. That vibe, combined with the fiercely independent distribution and economy of underground dance music, was, to me, a new kind of punk rock.

I’m not shaking my fist at a cloud or feeling like things are worse or better than ‘back in my day.’ But it’s different. And I feel Moodymann’s frustration here. A couple of decades ago the role of DJs changed, elevated to stars as punk rock bands eventually were. And more and more it’s a DJ’s responsibility to be the movie. When that happens, who’s the soundtrack really for?

Related: On the Music Tectonics podcast The Verge’s Dani Deahl mentions, with trepidation, a new AI engine that selects, programs, and mixes music from a DJ’s predetermined selection. That way the DJ can focus on ‘performance’ rather than pesky details like queuing up and beat-matching songs. Canned performance is nothing new — the draw of many DJs and music artists is a cult-of-personality anyway — but the thought of such an app has me looking testily toward the sky.

Opening Up Content ID for Everyone

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Complete Music Update:

The eight Congress members who wrote to [Google CEO Sundar] Pachai last week acknowledged the benefits of Content ID, writing in their letter that “we appreciate Google’s efforts to combat the illegal distribution of content on YouTube”. However, they then said: “We are concerned that copyright holders with smaller catalogues of works cannot utilise” the copyright tools. […]

Expanding on this point, the Congress members’ letter goes on: “It has come to our attention that access to the Content ID system is only granted to companies that ‘own exclusive rights to a substantial body of original material that is frequently uploaded to the YouTube user community’. We are concerned that copyright holders with smaller catalogues of works cannot utilise Content ID, making it more difficult or impossible for them to effectively protect their copyright works from infringement and, ultimately, impacting their livelihoods”.

I’ve faced this issue as a music publisher. I’d rather directly submit my works to Content ID than through a third-party distributor, especially as many of our tracks are production music and not commercially released. I’ve reached out and received crickets.

YouTube’s requirement that an applicant’s catalog has to be already ‘frequently uploaded to the YouTube user community’ is a head-scratcher. Applicable music should be in the Content ID system in advance. If it takes multiple viral videos to get an acknowledgment from YouTube, then there’s money due to songwriters left on the table.

Prolific music producer Kevin MacLeod brings up another problem in his interview on 2 Girls 1 Podcast. MacLeod lets anyone use his music for free in videos as part of a Creative Commons license. As an independent music creator, he didn’t have direct access to Content ID. And using a third party for Content ID made no sense. Most of his music is not commercially available and, as anyone could use his music — no questions asked — there’s no money to be made on the distribution side.

The dilemma for MacLeod appeared when other people started claiming his music using Content ID through third-party distributors. That’s right — nefarious folks were seeing this unregistered music racking up views on YouTube and took advantage by registering it as their own.

Eventually, after repeated appeals to YouTube, MacLeod was able to work something out and get direct access to Content ID. But only after the nightmare scenario of video creators using his music, trusting there would be no issues, and then having their videos monetized or pulled by an unknown party.

I planned to set up a Creative Commons catalog for non-commercial user-generated content through my publishing company. But MacLeod’s story gives me cold feet. There’s no way I’m allowing our music used on YouTube without an assurance the rights won’t be questioned. Perhaps Google will heed Congress’s concerns and give rights-holders a choice — to use a third party for Content ID or go direct. That’s not so different than how SoundExchange operates. So, file this story under ‘fingers crossed.’