Copyright Protection/Fashion Industry Vs. Music Biz

I recently was introduced to this interesting video about Copyright Law and how it applies to the Fashion Industry, or actually how it doesn't apply at all! (Thanks to Bruce Houghton of Hypebot (http://www.hypebot.com/) and Berklee Music for introducing this video of Johanna Blakeley to me.)

After working for three years in Intellectual Property Law, and how it applies to still photography, it is interesting to take a look at an industry like fashion, which operates and thrives on the absolute omission of any copyright protection. At first I was horrified at the presentation that Johanna Blakeley gave about her industry, but then was very piqued by the arguments that she was offering, ESPECIALLY in relation to music, and copyright law in regards to the music business.

A quick overview -- in the past the courts decided that the fashion industry was too utilitarian to be subject to copyright protection. (ie no one should be able to copyright a cuff, or a collar, or a button, etc. etc.) For clothing to function, it needs all of the above, and the omission of any of them would be ludicrous.

So what happens, is a society of complete creative openness. Fashionistas directly borrowing ideas from older fashions and brands, and re-marketing them, re-branding, and embellishing, and upgrading. This is very similar to the old music ideals of classical music from Baroque (1600's) all the way to the early Romantics (1820s). All the old composers borrowed freely from each other, improved on motifs, fugues, movements, styles. There were plenty of older pieces that I played while I was studying classical violin which stated (in the style of Paganini, or the style of Edvard Grieg, and so on and so forth.) One of my favorite newer composers (at least newer for classical), Fritz Kriesler (1875-1962) made numerous references like this - ie his Rondino (which is based on a theme of Beethoven), or his Variations on a Theme by Corelli (in the Style of Tartini.)

However, when you come up to the present state of music, there is a definite static field keeping musicians and composers from borrowing and updating musical ideas in such a fluid way. A great example that I constantly have thought about lately is the case of Joe Satriani Vs. Coldplay in regards to Coldplay's 2008 album, "Viva La Vida."



Long story short, Joe Satriani, (a guitar god in his own right) filed a lawsuit against the English Rock band Coldplay for their chart topping successful track, Viva La Vida, saying that his instrumental "If I Could Fly" was directly copied by their song. You can check out some interesting info about this at:

http://blogcritics.org/music/article/joe-satriani-vs-coldplay-a-tale/.

http://www.mojo4music.com/blog/2008/12/coldplay_vs_joe_satriani_the_v_1.html

http://andyontheroad.wordpress.com/2009/09/13/joe-satriani-v-coldplay-settles/

Regardless of anyone's particular stance on this specific case - in an industry which would have more lax copyright protection, a situation like this would never occur. Johanna Blakley gives a pretty compelling argument for the removal of copyright protection, which could directly relate to music business.

Currently as a musician, composer, and music businessman, it is a hard pill to swallow to think of not having some sort of protection for my original ideas... but maybe this is a outdated canon which needs to be changed? The scary thought though that struck me at the very beginning of Johanna Blakley's presentation was: isn't the omission of any protection at all just going to lead to complete anarchy?

~Andrew Joslyn

Youtube Vs. Music Publishing

So I recently came across this article written by Eric Beall (from Berklee School of Music) on the current state of negotiations between the music industry and the big wigs at YouTube, and their new owner Google.

http://ericbeall.berkleemusicblogs.com/2009/05/30/if-you-havent-got-a-penny-a-half-penny-will-do/

It is really interesting to see how non-cooperative Youtube is as a service to provide standard royalty rates to artists and publishers for their music. For some of you, you will have no idea what I'm talking about - so to break it down very simply: Youtube has been ripping off the music industry ever since its inception. Youtube is essentially a service that provides no material of its own - it is merely a conduit for other artists and creators to share their content through the Youtube platform. Youtube argues that they exist NOT to make money, but provide a service... but then they turn around and sell off their service for a couple billion to Google (who want the service for its popularity) and walk away, not paying musicians or their publishers (who help collect money on behalf of the artists from various royalty sources). So... Youtube is not existing to make money? really... (advertising revenue perhaps?)

Just look at a video like Oren Lavie's innovative video using stop motion photography:



Back in the 80's and 90's Mr. Lavie would have had a hard time as an independent getting this video on MTV (possibly), but with the ease of Youtube - users can post their own video and garner a world wide viewing audience with the help of some viral marketing! So it cannot be denied by Youtube provides a valuable service to developing artists and existing artists (you can now get your video out there and get some attention for it by using the Youtube platform they provide); however Youtube should AT LEAST recognize that music is one of the biggest services that they provide, and least 25-45%.

Take a look at this article: http://www.nytimes.com/2008/12/11/business/media/11youtube.html

For some Youtube users, who have a built in audience and have tons of visitors and viewers for their videos, Youtube pays out some of them up to 6 figure numbers for advertising with them... so if Youtube can make this happen for these users, what about the artists and musicians whose videos are being hosted on the site?

I'm not sure what will be the future of royalty payouts with Youtube now that a conglomerate like Google has taken over.. but hopefully they will recognize the value of music a lot more than Youtube's previous owners.

Cheers,

Andrew D.B. Joslyn

Everybody is a Music Maker

As some of you may know or not - within the last couple of months, I re-emerged myself into academics and have been studying music business at Berklee College of Music, and have also fully immersed myself in a career in music with my own business. Moving forward, since I haven't written for a long time on this blog, I'm going to continue doing music reviews, but also include interesting news articles, videos, etc. that I get exposed to on a weekly basis through my studies at Berklee.

To start, I think a great video to just check out regarding the 'Future of the Music Industry' is below:



Interesting points in this presentation from Dave Haynes. If this comes across as a little boring - no worries, I'll get some new music reviews up relatively shortly.

Cheers,

Andrew D.B. Joslyn

Duke Special - I Never Thought This Day Would Come

So I was just recently introduced to this artist by a co-worker- this morning actually - and his style and album "I Never Thought This Day Would Come" piqued my musical interest.

From the cursory information I could glean from his Myspace, Wikipedia and website (I really go in depth with my research - ha ha), Duke Special aka Peter Wilson is an Ireland native and his music is described as: "having a theatrical style inspired by Vaudeville and music hall, and often incorporate 78s played on an old-fashioned gramophone, or sound effects from a transistor radio."

His music would be an enjoyable excursion for fans of the Decemberists, Kay Kay and his Weathered Underground, Elliot Smith, or musical theatre. His sound has a very music hall, vaudeville style to it - especially tracks such as the title track "I Never Thought This Day Would Come" which has a rusty waltz feel to it - and "Digging an Early Grave" which is a creepy upbeat, jaunty show tune.

There are a huge variety of sounds on the album, and with some amazing orchestral arrangements and production work like a Broadway musical-- however by and large the strongest part of the album is the first half. The poppy track "Sweet Sweet Kisses" is reminiscent of UK alt-pop personality Patrick Wolf. The love of orchestral arrangements and the grandiose abound on the album.

Wilson's vocal qualities drift from the murky styles on "Flesh and Blood Dance" (sounds like Elliot Smith), "Mocking Bird Wish Me Luck" (sounds like Colin Meloy of Decemberists) to the upbeat "Sweet Sweet Kisses" which also sounds like Rufus Wainwright. He has a wonderful ability to convey darker songs with sincere and gorgeous melodies which is his winning combination.

UK Reviewer Nic Oliver of MusicOMH stated this about Duke Specials newest release:
"Oddly enough, Sweet Sweet Kisses is by and large in a category of its own on I Never Thought This Day Would Come. The rest is largely downbeat fare, epitomised by the first track Mockingbird, Wish Me Luck. This haunting piano ballad has the cojones to open the album with the line "I'm so unsure of myself", which is oddly reminiscent of Elvis Costello's lead-in to Armed Forces - "Oh I just don't where to begin."
By the time the listener reaches the third track Those Proverbs We Made In The Winter Must End the modus operandi of Wilson becomes readily obvious. Swirling orchestral arrangements backing nagging piano-driven melodies, with literate, articulate lyrics that never lose sight of popular appeal." - Nic Oliver (read the all article here at http://www.musicomh.com/albums/duke-special-3_0409.htm)

Overall - the album was a wonderful oddball pop record to stumble across in the AM. Strangely enough his music is a perfect accompaniment to the chilly Seattle fall weather. Check out the youtube video below for a taste of his style:



~Andrew D.B. Joslyn

Ben Sollee - Learning to Bend

So it was by a pleasurable accident that I ran across Ben Sollee - I was actually checking out my friend Ben Dean's band Caravan of Thieves - and stumbled across Ben Sollee who actually has the same PR firm as Ben.

Anyway, long story short - Ben Sollee is a classically trained cello player/singer song writer out of Kentucky, who has worked with some seriously talented musicians in the alternative folk world such as: Jim James (My Morning Jacket fame); Casey Driessen (Colorfools, and an amazing Bluegrass fiddler); Abigail Washburn (banjo, singer song writer); and Bela Fleck. (Flecktones fame)

His style of music is a fusion of jazz, neo classical, folk, and bluegrass. As far as a musician and instrumentalist his talent with the cello is fantastic - he uses a lot of Darol Anger style rhythm chops on songs such as "How to See the Sun Rise" with his bow - but also has flawless pizzicato plucking style on songs such as "It's Not Impossible." (on the album this features the banjo stylings of Bela Fleck)(check out Ben Sollee's video playing this song live on Jimmy Kimmel Live.) His right hand pizz. is a wonder to watch even for people who aren't experts with string instruments. http://www.youtube.com/watch?v=LCWVZkK24PQ

In regards to his song writing, Ben Solle has a nice mature touch with his songs, which never come across as contrived. Check out the lyrics for his song "Panning for Gold" which is about his grandparents suffering from dementia:

"I saw God by the river
Panning for gold
I saw God by the river
Weary and old

He said; ‘Son,
I used to know where I put things,
I used to know’

I saw God in the forest
Teaching Tai Chi to the trees
In the wind
And bowing to the seas

He said; ‘Son,
I used to know where I put things,
I used to know’

I saw God on the mountain
Tearing at the sky
I saw God on the mountain
With tears in his eyes

He said; ‘Son,
I used to know where I put things,
I used to know
I could have shown you all the beauty in the world
but now I need you to show me
Yes, show me’ "

His album, 'Learning to Bend' is a veritable gem of songs ranging from Bluegrass ("Bury Me With My Car"), Folk ("Prettiest Tree on the Mountain"), Appalachian ballad ("Built for This"), Pop Soul("How to See the Sun Rise"), to political commentary "A Few Honest Words" and the Sam Cooke cover "A Change is Going to Come." Overall as a album it is light easy listening, which never gets too heavy or fluffy.

Furthermore: "Per Ben's unique performance experience and creative vision trump his 24 years and traditional classical training; he is poised to emerge as a solo artist, bridging genres and demographics with earnest and dynamic songwriting. However, the single most salient quality of Learning to Bend, is Ben's contagiously optimistic worldview. Ben is not just expressing his personal quest for flexibility, he is asking the entire country to learn to bend, learn how to cry, learn how to see the sun rise... He is at the forefront of a movement that is happening right now: a zeitgeist in which a nation can face reality and empower itself to evolve and feel deeply and stand up for the power of hope." -Amazon Editorial

Check out the following video of Ben Sollee's "It's Not Impossible" -

~Andrew Joslyn

Fictional Fictionists

Utah natives "Fictionist" are a relatively unknown band in the Northwest -- however through the bizarre fluke of Myspace, I came across their somber, melodic, and dulcet pop rock sound and it instantly caught my ear.

Fictionist consists of: Stuart Maxfield - Lead Vocals, Guitar; Spencer Harrisson - Bass; Jacob Jones - Keys; Aaron Anderson - Drums; Robbie Connolly - Lead Guitar, Funktastic Effects; and Brandon Kitterman - Rhythm Guitar, Toys.

The group fondly compares itself to the classics such as the atmospheric rock of Pink Floyd, and the exhuberance of the Beatles, which isn't too far off the mark. For fans of British rock such as Travis, and Oasis - Fictionist are a nice addition to the pantheon.

Possibly some of the most stand out attributes for the group is the tight instrumentation of their tracks, but also the flawless vocal harmonies. Stuart Maxfield croons along to songs such as 'Noisy Birds' and 'Set Me on Fire,' along with Robbie Connolly singing back ups which creates utterly lush and beautiful layers of sound which just wash over you.

Jamie Gadette of the Salt Lake City Weekly praised the band: "On their Website Utah’s Fictionist observe “Life’s meaning finds form as we rearrange this ancient noise,” though judging by the local sextet’s new album Invisible Hand “ancient noise” might refer to a revolution in sound dating back just three or four decades. Fictionist wrap their record in psychedelic interludes containing little of the dark, droning vibes driving works by contemporary psych-rockers The Warlocks and The Black Angels. Invisible Hand rather leans toward the sunnier, groovier end of the spectrum with soaring guitar solos topping a pile of tasty instrumental glitter—strings and moog, loops, handclaps and the occasional toy—creating an atmosphere mixed with late ’60s/early ’70s AM radio and brooding British rock (Travis comes to mind). Besides their music, Fictionist are fast gaining a reputation for being utmost professionals celebrated by festival organizers and audience members alike. Experience them in an intimate setting before they start selling out arenas."

All in all, Fictionist seem poised for something more than the aridness of Utah.

Kay Kay and His Weathered Underground

I've been meaning to write about this band for a while - and not quite sure what caused me to delay on reviewing their recent self-titled debut album, "Kay Kay and His Weathered Underground."

The band Kay Kay and His Weathered Underground is actually the remnants of the band Gatsby's American Dream -Kirk Huffman & Kyle O'Quin who teamed up with cellist Phil Peterson. With this change, the band Kay Kay ditched the teenage angst of Gatsby and replaced it with more mature sunshine, carnival, psychedelic indie pop rock.

The album is an ever swirling mixture of random influences, but none are more prevalent than the Beatles Sergeant Pepper. Which is both the down fall and saving grace of the album. It is as if the members of Kay Kay and His Weathered Underground raided their parents old LP's and 45's from back in the 50's-60's and took all the best aspects of this era of music and injected them into their music. Because of this, the album doesn't break any new grounds or introduce any new radical sounds to their listeners.... however they are trending familiar ground and it proves to be nostalgic and one pretty damn good album. Even Phil Peterson (cellist/production) stated that with the album: "We are trying to do something that is tapping into what was great about music..." On the process of creating the record, when interviewed by the Stranger, Kirk Huffman mentioned that, "While we were doing something simple, and just kind of mimicking our favorite artists, and chopping up 12 different songs and making them --- well there is a kind of homage and tribute with this record, and we wear that on our sleeve; it is nostalgic, that when those familiar chords and chord progressions, and changes, and feels -- we were trying to mimic everything - Kyle the whole entire time was like we need to take the tambourine and pan it right - that is exactly what they did on 'Rubber Soul'." With this precision and attention to detail, it all shines through brilliantly on the recording.

Susan Frances of Absolute Punk previously reviewed Kay Kay's debut album and stated that: "The songs from Kay Kay and his Weathered Underground’s debut album have the dreamy seascapes of The Minor White, the gypsy punk sweeps of Nurses, the theatrical crests of The Dear Hunter, and the tuneful esoteric stylizing of Mika. Kay Kay’s album is made up of so many components, and yet, all of these fragments diametrically come together peacefully into a scenic Utopia. The gypsy-tinged symphonies of “Into the Realm of the Unknown” and “Simon Courage Flees the Coop” have exotic chimes lining the rhythmic beats and a theatrical-pop spirits which coats the melody with enchanting ringlets."

http://www.absolutepunk.net/showthread.php?t=422751

My favorite's off the album have to be 'Birds (On a Day Like Today)' - has some Ben Fold's aspects to it --- 'Hey Momma' - I included a live video of this song being performed below and 'Simon Courage Flees the Coop' with its baroque pop sensibilities.

Overall, the album is a beautiful homage to the music of an older generation, which none of the members of Kay Kay were alive to live through.... however were able to Frankenstein together a great album.

Looking forward to seeing them live at Bumbershoot this year in Seattle.

~Andrew D.B. Joslyn