14 Mar
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artists, copyrights, music industry

Thanx to the excellent Make It In Music for pointing us an article on CMU about Ten Tips for New Bands.

And looking at the article, we would say that those tips seem obvious from a distance, but many bands, even already established, do not take enough attention to point 4: "Write an agreement between bandmates".
It all looks great when starting a band with your pals and, honestly, it doesn't feel like anything bad can happen but when money is involved (we wish you to make some when selling your work) EVERYTHING can happen.

So, yes, write down an agreement with your mates as to whom gets the credits : who wrote the song ? who wrote the lyrics ? What about putting down all the band members name as arrangements credits ?
Don't forget: there are several copyrights when commiting a song on "tape": composer/lyricist/arranger and who paid and owns the copyright on the sound recording (the producer, often the record company).

Make sure also that you identify clearly who owns the band's name. I know, it seems odd to want to be sure about that point (remember, for now you're just 4 friends playing in a rehearsal room and your conquest of the World hasn't...

06 Sep
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copyrights, sync rights

Is there a nasty war about to explode between GEMA (the german collecting societies for music rights, also known as Gesellschaft für musikalische Aufführungs und mechanische Vervielfältigungsrechte, working hard to satisfy its 65.000 members) and german clubs ? Seems like it. Let see what the factions are...

Basically you have clubs who were paying up to now a steady rate at GEMA which is in charge for collecting the money and redistribute it to the rights owners. Starting from january 1st 2013, new rates will be applied and while it won't have much terrible effects on the smaller clubs or events, it could be rather devastating to the big clubs: the rates will integrate what kind of events it is, the surface of the place, how long will the event be for and the price for the tickets...When you know that some clubs have two floors, some of them are huge places, that the tickets are 10€ and the night is in fact 48 hours long, you can imagine what it does to an accountant...

For a small free happening, the GEMA fee could be around 80€ for a 200 square meter place which is not bad when you consider that right owners do need to get paid. But for big clubs, the...

16 Jul
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artists, copyrights, music industry

These days seem a long way from the sampling era and while no one seems to mind the mash up mixes there are still people suing others for sampling their music, sometimes rightly so.

But doesn't every track starts from an idea you had, or heard, or which was generated by something you read or saw ? Basically nothing starts from a white page: something triggers in you an idea or a souvenir and there you go: a new song is born. And to be truthful, it may happen that artists have started from a sample, a chord, a feel they liked in another song and build something new on it, up to the point where the sample (if there ever was) is in fact buried deep, deep down in the new song and can actually totally live without it and often does: it's then taken out of the mix and all that stay is a chord or a feel. And that's not illegal nor nasty.

VMG Salsoul has released a song by the Salsoul Orchestra called 'Ooh I Love It (Love Break') back in 1977 and they are suing Madonna for allegedly using the strings and the brass off that song in "Vogue" (written by Madonna and producer Shep Pettibone) a song she released back in 1990 (6 million singles sold, plus it's on the album "...

12 Jul
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artists, copyrights, music history

Jazz is, probably most than any other music genre, a constant rework of classics. Bands take themes and improvise on them, re-approach them with their own ideas and influences.

Miles Davis, a giant among men and musicians, did release a song called "Solar" for the 1954 album Walkin'. The song was put down for copyright a few years later, in 1963. The song, and the album, was a success.
Problem is, you see, that Larry Applebaum, from the US library of Congress has dig an old record called Sonny, recorded by Chuck Wayne in 1946. The song can be heard on http://blogs.loc.gov/music/2012/07/chuck-wayne-sonny-solar/ and it clearly sounds chromatically too close to be "just a mistake"or two composers finding the same scale of chords randomly. The ressemblance is uncanny, isn't it ?

The "similarities" were known by some but never have we been able to actually hear Chuck's version and, well, it does add to the claim some people have about Miles Davis propension to get ownership of songs rather hastily, but that doesn't make him less of a Giant.

And everyone in the music business has...

10 May
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copyrights, politics in music

In Germany, at the last Berlin elections, the Pirate Party made it to no less than 15 seats on the 141 available at the regional Parliament. That's enough to get the other political movements attention, I tell ya....

But what do they want ? Their platform very much revolves around legalization of file-sharing sites, legalization of cannabis and generally more freedom and less state involvement in citizen's informations and data. It also wants open governement and the availability of API's to be able to control said-governement (which is actually a really cool idea).

All this sounds interesting, but do they really know the subjects ? One wonders after reading a surrealistic debate (in Der Spiegel) between a german pop artist who lives, or tries to, from his music and a Pirate Party member who's one of the 15 elected at the Berlin Abgeordnetenhaus. (House of Deputies). Clearly, the Pirate Party member doesn't know what he's talking about and it feels like he's finding excuses for downloading illegal material more than having a vision of a society where culture will be available to all at the speed of light and for little or no money.

Something somewhere...

09 May
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copyrights

Well not quite, but seems like Yoko Ono and Paul Mc Cartney are putting water in their wine concerning the use of The Beatles' songs in movies and TV's. Well, and money in their bank, sure.

"Mad Men", the TV show winning Emmy's after Emmy's, has been given the Go Ahead to use the Beatles recording of "Tomorrow Never Knows" for one of his highly regarded episodes. The price is rumoured to be about 250.000 US $ which doesn't seem to be such a big sum but it's the very rare acceptance of Paul, Ringo, Yoko and Olivia Harrisson which makes the headline here. The Beatles have always be extremely choosy about their work and who can use it, and kudos to them for that: artists too often give away all rights and controls of their work to record labels, managers or publishing companies. Of course, artists need to be open minded and work hand in hand with the industry but giving away ALL rights is bound to be painful later.

Usually, The Beatles say No NO NO to the use of their master recordings but sometimes there's the off one-million coup like last year when Sony paid that sum for the use of "Baby I'm A Rich Man" in The Social Network. The trick is then to cover the song...

23 Mar
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artists, contracts, copyrights, music business

The US Congress passed a Copyright law, back in 1978, stating that after 35 years, songwriters will be able to reclaim publishing rights from record labels and publishers if they introduced termination notices at least two years before the recoup date. This means that, on january 1st 2013, many artists will have back the publishing rights on songs they wrote, or co-wrote. And we're talking artists as important as Bob Dylan, Bruce Springsteen, Tom Waits and Pink Floyd (for recordings done in 1978) but the list will go on and on as years go by.

That sounds good, no ? But not so fast: some major labels, EMI USA at the forefront, are arguing that the artists were by contract their employees and therefore all works performed as employee belongs to the company (corporate authorship). Which means that EMI USA, along with other labels and publishing companies who did have artists as employees, are fighting to retain copyrights on songs written by the artists who were signed with them...Without getting into the nitty-gritty of things, one-sided unbalanced contracts are already the norm for most contracts, the artists being all too eager to quickly sign a deal, so 35 years seem...

20 Feb
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copyrights, music industry

Thanx to Guillaume Deziel (https://www.facebook.com/guillaume.deziel) manager from the Quebec band Mister Valaire, I have been happily exposed to a very entertaining and informative movie called "RIP: A Remix Manifesto".

Starting with a very simple demonstration and exemple of a musical mash-up, the excellent documentary from Brett Gaylor takes us down the dark alleyways of copyrights, or how it started back in 1710 (actually, on the very same day of my birthday - lol - ) with a 14 years long period during which a work from a printer was protected against other people reproducing it...And now it has escalade in something that clearly needs to be refined and adapted to the times because technology has more than ever its saying here. And we have moved from a civilisation of passive people to one of zillions of possible collaborators: very economical, if not open sources, tools are there for everyone to pick up and mash things up to create the culture of tomorrow's world which, for the first time ever, starts today...

This documentary begins with some Fight Club like laws:

1/ Cultures always build on the...

16 Feb
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copyrights, music industry

(the link to that rather incredible video interview is below)

This is a rather surrealistic interview, and we Belgians surely know about surrealism so you can trust us: it's worth watching ! The interview is between a sharp and intelligent Tech Crunch columnist/writer called Andrew Keen and a sharp and clever tech inventor called Bram Cohen, founder of famous P2P tool Bit Torrent.
To put down the facts, here's what Wikipedia says about Bit Torrent: "BitTorrent is a peer-to-peer file sharing protocol used for distributing large amounts of data over the Internet. BitTorrent is one of the most common protocols for transferring large files and it has been estimated that peer-to-peer networks collectively have accounted for roughly 43% to 70% of all Internet traffic (depending on geographical location) as of February 2009".

So, we're not talking small thingy here, we're talking about a kind of device that allows people to share data, be it legit or illegal, and that internet activity is worth surely no less than 40% of the entire internet traffic. Let's also cut down the chase and make it real: it is used a lot by people illegally sharing music, movies...

27 Jan
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copyrights, movie industry, music industry

It's uncanny how as soon as the immediate menace of Sopa and PIpa seems to fade away a new agreement, rather secretly discussed between all countries in the world since 2008, is about to emerge and oh my, doesn't that one have an ugly head: ACTA (Anti-Counterfeiting Trade Agreement) wants to establish new international standards on intellectual property rights enforcement.

While ACTA sounds fine for counterfeit goods (come on, no one serious about what she/he wears would want to be taken alive with a fake Vuitton bag) and all generic medecines (we don't mean the illegal sugar pill one buys on the internet on the promess it's the best weight control pill ever) , ACTA comes with a new array of measures about copyright infringement on the Internet that actually will be very counter-productive and rather against the tide. Not mentionning being organically prepared as a weapon against freedom and self expression on the net.

Copyright infringments need to be tackled down for sure. And there are ways to do it, and there are ways to just blast in the store with an armoured vehicle. Studies have shown that consumers are willing to buy content they would otherwise...

13 Dec
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copyrights, music industry

In a move they want quite discreet, Google has just acquired Rightsflow, a NYC company specialized in music licensing.

Looks very much like a well calculated chess player move to us: Google wants to put behind the numerous troubles Youtube (which they purchased back in 2006 for 1,65 B $...) had with rights owners. They only just got rid of a class action started by the National Music Publishers Association and very clearly want to send a strong message to all: they want to identify rights owners, they want to pay them and yes, we want no more law suits so we can continue to propose free music and free videos...

The move goes two ways: on the left hand side Rightflow can help them identify rights owners and eventually pay them, on the right hand side, they now have a dedicated speaker and negociator for rights. This can only be good and not only for Youtube: Google Music will certainly benefit from the experiences of the acquired music licensing company...

I will be VERY interested to see the first numbers of sales thru the Youtube bands shops. That alone should inject some needed money for the artists and groups...

...

21 Sep
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copyrights, music industry

Very interesting article by Bob Stanley (part of the legendary and groovy Saint Etienne band) about the EC extension of copyrights laws from 50 to 70 years. While it does sound good for artists and labels indeed, it also extends the ownership of the masters to whom has now the right to use them and that comes with unexpected results. At the end of the day, it really is important to know how to use this extention of copyright so all can benefit from it.

It could mean that some companies not eager to invest money in forgotten artists will be able to keep their hands on the masters while it would have been possible for these artists to re-release themselves, or reshop for a new label, their own tracks: it's not sure all the labels will jump on this copyright occasion and rework their back catalogue for the pure sake of Art.

It also means that many small labels used to dig up reliques and treasures from the vaults of public domain works will no longer been able to do so.
What matters more: having a record out with a song of yours and eventually being called up and play live gigs, generating some radio money, or just NOT having your work out there?

We...

09 Aug
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copyrights, music, music industry

The Cuba missiles crisis is long gone now (in october/november 1962, the Russians were building up missiles sites in Cuba, Kennedy stood up strongly and eventually had them put down. In exchange, he had to put downsimilar US sites being in Turkey. This dangerous moment also ended up with the creation of the red telephon between Washington and Moscow), but Cuba is still a very closed country and even tho it opens up to tourism, life there is still severely regimented.

So, it's kinda a sign when the Cuban Tourism Office opens up a club with Beatles name, Beatles logo, Beatles songs, Beatles lyrics, etc...Ah, and no, they didn't clear the copyrights issues or the licencing rights with Paul or Ringo. Or Yoko. Or Sean :)))

The thing is, you see, the Beatles music, long forbid on the island, has somehow be associated with a freedom Cuba didn't have bac then when the regime was at its peak and now singing it, playing it, whistling it, or doing accapellas with it, gives the islanders a real feel of/for freedom.

The New York Times has a godo view on this: ...