Fragments

Album Review: Dodos - No Color (2011)

2011-03-09T08:02:00.000-08:00

8.0 out of 10

Pounding drums, strummy acoustic guitars, and catchy melodies seem to best describe The Dodos latest effort No Color, due out next week on Frenchkiss Records. While I don't claim to be a Dodos expert, it is easy to see the band's progression on their fourth studio effort. And their latest release tends to break new ground for the group--showcasing more up-tempo songs, with more melody, and better instrumentation.

The album begins with "Black Night," a song that embodies many of the main themes of the record. The percussion enters the mix about half-way through the song and continues through the entire album. The song peaks with the "You had it all..." refrain, which I can't seem to get out of my head and ends with a fantastic outro that first introduces the listener to the main strength of the album--the interplay between the electric and acoustic guitars and the driving percussion .

"Black Night" is clearly a personal favorite--and is better IMHO than the single, "Going Under." That's not to say that "Going Under" is necessarily bad, quite the opposite. "Going Under" is a good example of the album building from one song to the next. The subdued acoustic fingerpicking gives way to an all-out rocking chorus, displaying the band's songwriting prowess (they probably could have been mainstream at one point in music's history).

Other highlights from the album include: "Good," which first shows the noise rock influence on the album; "Sleep," which combines the pounding drums with fitting string instrumentation; "Companions," which is simply beautiful and melodic; and the closer, "Don't Stop." Neko Case also makes an appearance adding background vocals to "Don't Try to Hide It" among others.

My only criticism of the album is that it is not very diverse. Many of the songs sound very similar and tend be somewhat forgettable. However, if you like the Dodos you will, most likely, love this album. I would consider it one of their best efforts--(perhaps) second only to 2008's Visiter. The Dodos are a band sticking to their strengths, and who can fault them for that?

Album Review: Holy Ghost! (self-titled) (2011)

2011-03-08T09:19:00.000-08:00

6.5 out of 10

My first reaction to Holy Ghost!'s latest effort was that it should have been an EP. The album opener, Do It Again, gets things moving like any great dance album should, but the shine fades towards the middle of this LP. Numbers like "Hold My Breath" and "Slow Motion" are forgettable. There are a few gems however, most notably "Wait and See," "Say My Name," & "Static on the Wire."

Holy Ghost! has expanded from their DJ duo roots and this album is a strong effort at developing into a full band. Hopefully they can continue to grow, as they embark on another huge touring year with Cut Copy. Overall, the album does contain a few sleepers in the middle (hence the opinion it would have been a better EP) that sound like rejects from the latest Cut Copy record, but the highlights thankfully outweigh the lows.

The end of EMI?

2009-11-17T12:15:00.001-08:00

Terra Firma Writes Down 90% of Investment in EMI

Does this mean bankruptcy for EMI? Or, will it mean that Warner can finally purchase the beleaguered company? Time will tell.

Are the stars aligning?

2009-11-06T16:59:00.001-08:00

How would you feel about a music service you pay for with Internet access? Through your ISP. What if the service providers owned the content? What IF the service providers owned the content? (redundant for effect)

Think about it.

Comcast Said to Be Close to Controlling NBC Universal

Google Music

2009-11-02T11:55:00.001-08:00

For those out there wondering what the big fuss over Google Music is all about, we (hopefully) have some answers for you. You can read about Thursday's announcement here.

However, a more helpful read is Billboard.biz's analysis of the new deal and its likely affects on the industry. Billboard.biz is usually fairly conservative when it comes to opinion writing so this should give you a good perspective on how the industry is viewing the deal.

Enjoy.

Lefsetz on Spotify

2009-10-09T07:19:00.001-07:00

Hello all,

Although I normally link to articles of interest, the Lefsetz piece
on Spotify hasn't been posted beyond email format so I can't link (at
least not yet). I decided it's too important to be left to my
forgetful memory (if it's not now, it might never be). So I have
included in the piece in full. Though I'm sure this is copyright
infringement, I'm gonna claim fair use. Plus, I don't think Bob would
mind, after all, he does it all the time.

Enjoy!

------

The Spotify Guys
Bob Lefsetz

They're Swedish!

Martin Lorentzon couldn't stop saying how much he loves L.A. Because
in the winter in Stockholm, it gets light just before nine and dark
again around three, and that's just too little daylight, for too
little time. If only winter were a couple of months shorter, it
would be tolerable.

Then again, Sweden's got better cell service. You don't get the
dropouts we do in America. And the tech companies are more open.

Speaking of tech companies, Martin made a mint. After working for
Alta Vista in San Francisco back in the nineties, he started a
company in Sweden that...let's just say it counted data. I'm afraid
most people reading this wouldn't understand it if I explained it.
And there's your digital divide right there. People who like to win
on intimidation and those whose educations allow them a superior
vantage point, enable them to move mountains, change worlds, make
tons of money.

And Martin put his millions in with Daniel Ek's and they founded
Spotify. Which the labels were glad to extract an advance from, but
were surprised actually launched and was successful.

Are you following their latest products? Wherein you can download
3,000 odd tracks to your laptop or mobile device? It's just like
owning them. Of course, you get this privilege only if you sign up
for the premium service.

And they've got software for not only iPhone, but Android and soon
BlackBerry, they're the anti-Apple, they're not a closed system, they
want to play with everybody.

And they just might end up dominating. If the labels will realize
that streaming is inevitable and play ball.

Oh, they're playing ball so far. That breakdown that hit the Web re
Spotify's costs isn't accurate, they've got special deals with the
labels, but they don't go on forever, Spotify's got to prove its
mettle, it has got to generate profits.

A couple of days back, Martin Lorentzon e-mailed me, he was in town,
did I want to get together?

Normally, I say no. It's a one way street. You demonstrate your
wares hoping that I'll help you out. But Spotify is revolutionary.
I was intrigued. But I wasn't sure of the agenda.

So I showed up at the Mondrian today to find a well-dressed man of
forty, voluble, polite and excited. Not a passive manipulator, but
someone intent on ingratiating himself.

And after catching up, hearing a bit of history, Martin's iPhone
rang. I could see it in big block letters. It was Daniel Ek. He
was coming down.

Wow.

Where to begin?

Spotify employs P2P software, that's why it's so damn good. It takes
2-5 seconds to ramp up each and every song, which has reduced bit
rate during that window, but usually that's a relatively dead window
and the listener isn't paying close attention anyway. Yes, there are
tricks. Only seventy five percent of the song is downloaded, an
algorithm provides the remaining twenty five percent. This is how
they all do it, it's de rigueur. And the files don't only come from
Spotify's servers, bits and pieces come from other users with the
software installed on their computers. Net effect? It feels like
you own the track. Usability is equal to iTunes. You can fast
forward, rewind, there's no lag time.

But that's on your desktop. What about your mobile?

Well, that's a bit different. You see then Spotify depends on the
network. Which is why they've limited sign-ups in the nations
they've already launched in. They want the streaming experience to
be perfect on your mobile device, after all, you're depending on it,
their servers and their wallets cannot be strained.

But if you want to pay, you can get Spotify instantly.

And in order to use the mobile app, you've got to pay.

And when you do pay, you can download the aforementioned 3,000 tracks
to your hard drive too, which truly is like owning them. Of course,
if you stop paying, you don't own them. But if you start paying
again, they return magically.

Daniel was focused on the rental issue. Needing to make purchase
available too. I think that's bullshit. You can't listen to the hoi
polloi. In America we rented movies on videotape, bought them on DVD
and are now renting them again via Netflix and Redbox. Who says
America is anti-rental? It's all about the user experience. And the
Spotify user experience is so good, that you don't need to own once
you've got it.

But what about Apple?

Martin and Daniel wonder too. Why exactly did Apple approve their
app? They gave it a 50/50 shot. But Cupertino said yes. Was it
because Apple was worried about the backlash or Apple just doesn't
care that much about music. Better to take thirty percent of apps
than the small margin in music. Then again, since the Spotify app
is free, there's no gross to skim from. Then again, you can't stream
music in the background on an iPhone. If you go to write an e-mail,
you lose Spotify. Whereas you can listen to your iTunes library
while you surf on your iPhone. All of which begs the question, will
Apple compete? Will Apple suddenly roll out a streaming service?
The guys at Spotify DON'T KNOW!

But someone will. Streaming is going to rule. It's just a matter of
when.

So when do we get Spotify in the U.S?

At the end of this year or the beginning of next.

Oh, I get it. These guys are in way over their heads. They can't
get it together. They promise, but don't deliver.

Absolutely wrong. They could launch tomorrow, they just don't have
all the rights. You see a certain company doesn't believe in free.
So, they won't let Spotify launch with the European model. But,
without the free element, is Spotify doomed to fail?

Believe me, Spotify wants people to pay. They want to integrate so
many desirable elements into the paid model that you'll want to pay.
Being able to see what stars are spinning, what your friends are
listening to. Yes, merging social networking elements with music,
something absent from iTunes. But you can only convince people to
pay if they get to try the service out. And so far, other than a
handful of the connected, no one in America has Spotify, few even
know what it is!

Daniel felt this was a problem. He had to convince the community,
the artists and executives. I laughed. This is like MTV. Once you
see it, once it launches here, word will spread like fire, people
WILL WANT THEIR SPOTIFY!

Daniel feels he could have 50 million users almost instantly. But
it's too soon. He doesn't want to risk messing with usability and
doesn't want to burn through the company's cash that fast. Yes, it
costs to stream, not only server power, but licensing fees. Also, he
wants to tweak the service. They showed me some unreleased elements,
but they've got tons more. They want to build it so you will come.

What a radical change from those in the music industry, and from
those in tech a decade ago.

Ten years ago, the techies were arrogant. They wanted to rip off the
music industry's wares. The Spotify guys are different. They want
everybody to make money. But they want the time and support to make
it happen. Honestly, they're not exactly sure of the business model,
they're figuring it out. They want most people to pay, they want
different tiers, but the customer is king, you've got to serve the
customer. Which the music business has not done in eons.

These are not charlatans. These are not guys in it for the fame.

They are in it for the money. But shouldn't the music industry love
them for this, feeling the same way?

They're smart. They know tech. They don't intimidate physically,
they make their moves via their intelligence, which flummoxes the
music industry. An industry that likes to bully and rip partners off.

But is that paradigm truly sustainable? In an era where the customer
is savvy enough to steal whatever he wants? If you think free
availability of music can be eradicated, you don't know dick about
computers. The only answer is a better mousetrap. Spotify is the
first step.

Most people bore me. It's all about them. They want to tell me how
great they are, why I should endorse what they're selling. But I was
positively riveted for two hours. I felt like I was at ground zero
of the music industry. Right there at the source. Better than
meeting Bob Dylan, who doesn't talk much anyway. Better than hanging
with the rock stars of yore who feel they're entitled, never mind the
underschooled and inexperienced nitwits of today. As for dealing
with the label people, other rights holders, it reminds me of the
sixties, there's a huge generation gap. My eyes roll back in my
head, I just can't waste the time. But today, in the lobby of the
Mondrian Hotel, I was excited. These guys want to deliver more music
to more people and get them to pay for it! And the service is so
good, it is worth paying for.

So I don't want to hear one naysayer. You can still sell tracks at
iTunes as a hedge, you can even sell CDs. But streaming is the
answer and these guys are the cutting edge. They wanted the
conversation to be off the record, but I insisted it couldn't be,
word has to GET OUT!

P.S. Let me make this perfectly clear. If you've got the premium
service, you're not reliant upon a wireless connection to listen to
music. You can download a little over 3,000 tracks to your mobile
permanently (as long as you continue to pay, of course). So if
you're in a dead zone, or camping in Timbuktu, you can listen to your
music - as long as you can keep the battery of your mobile charged!
(No, your music doesn't disappear if you run out of juice, the songs
remain, but without power, you've got to bang on rocks, you've got to
make your own music!)

P.P.S. Please read Chris Anderson's "Free". The guy's been beaten up
so heavily regarding the Long Tail that his new book has been
ignored. But check it out. Primarily because it explains the
concept of "freemium" upon which Spotify is based. I'll reference
the Wikipedia article here: http://en.wikipedia.org/wiki/Freemium
But Anderson does a much better job of explaining it. Giving
numerous examples. As for being afraid of the future, free's been
around for eons, Anderson makes this clear. Stop being afraid of
losing what you've got and start figuring out how you can make it in
the future by reaching so many more people!

--
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Viacom's Smoking Gun in the YouTube Lawsuit

2009-10-07T09:33:00.001-07:00

C-Net is reporting that Viacom has uncovered emails that evidence YouTube's knowledge of infringing material on the site and that it chose to ignore the infringing content. May be a smoking gun, read on...

Did Viamcom find smoking gun in YouTube case?

Is Amie Street Changing their Business Model?

2009-09-22T18:38:00.001-07:00

Amie Street To Offer Sony Catalog

amiestreet.com, known for its pricing in tiers triggered by sales numbers, has licensed the Sony Catalog, to be sold at $.69, $.99, $1.29. So much for gimmicks.

2009-08-22T17:12:00.001-07:00

No matter where I go I'll never be able to hide from Sweet Good Alabama.

Law and methodology

2009-07-23T05:58:00.000-07:00

OK, well since I made the promise to start updating the blog my life has suddenly gotten rather dull. Mostly just researching law firms. Why this has to be done an entire year before you actually work there is beyond me. But hey, law firms and the law profession, and, well, I guess the law in general is prone to methodologies and being entrenched in its ways, which is OK I guess.

Kind of like the way people get admitted to law school. For those that don't know, here are the steps you must take: 1) take the LSAT, which is a standardized test given by the Law School Admission Council 4 (I think) times a year. You must pay LSAC to take the test. You must also register with LSAC and do all your applications through LSAC. Each application costs somewhere around $25-$60, this cost is mainly to discourage people from applying. After all, if it didn't cost anything wouldn't everyone just apply everywhere? Not exactly, but it illustrates the point. Law schools are ranked by US News and World Report. The higher the ranking, the more prestigious the law school. Not to mention the fact that the rankings are computed according to some arbitrary measure, which no one knows much about. So these law schools hang in the balance of the ranking. Did your school move up? Hopefully. But this ranking also measures the value of your degree even if what the school is currently ranked is lower or higher than it was when you attended. You are admitted to law school based on some combination of your GPA and LSAT score. The higher the better. Not to mention these scores factor into schools' rankings. But I digress.

I realize this post wasn't the most enthralling, but, hey, I told you life had gotten a bit dull.

On the agenda. Block parties, the beach, hopefully some music, NYC, more law school, and deep sea fishing. Until then...

Streaming

2009-07-17T07:37:00.000-07:00

In my quest to avoid working, I've decided to keep my promise and update the blog. Today I've decided to share a few thoughts on streaming vs. downloading. First, streaming is better. Come on, it is. Have you tried it? Not only am I considering canceling my Sirius radio b/c the signal is terrible, I am actually thinking about trying Rhapsody.

At first I had a bad feeling about streaming. It just didn't sit well. I tried Last.fm and it sucked, I haven't tried Pandora because I have lost all faith in other people, and when you live in rural TN a solid signal broadband signal is no guarantee. But now, I've got a signal.

My new favorite website is archive.org for its streaming feature, now I can listen to entire shows from the entire archive with no cost to my hard drive. Open the playlist in iTunes and I don't have to go back to get the stream again, it's always there. I know I'm behind the times b/c I don't have an external to store everything on but, hey, I call it efficiency. Ha.

Well that's all for now, maybe more thoughts will come. Until then...

An Update!!

2009-07-14T06:49:00.001-07:00

Ok folks, I know this blog has been neglected, but I am recommitting myself to make it the number 1 source for your wasted time. Really, shouldn't you be doing something else?

Anyway, getting music going here in NY. Also looking for a job (paid only please) and preparing myself for a year on the Cardozo Law Review whew hew!! I was in the city yesterday meeting with my peeps from Spindle. Oh yeah, I'm also reading the longest book I have ever attempted: Atlas Shrugged by Ayn Rand. A question for those out there that have read it, does Ms. Rand ever change the theme of the book? I'm on page 600 and each page is the same as the previous one: rewards should be based on ability, not on need. I get it.

Oh well, today's post was more of a rant than anything worthwhile. But I guess I can't expect much, life is sometimes uneventful. Hopefully the next post will more interesting. Until then...

Webcasting Royalty Rates Agreed Upon

2009-07-08T07:05:00.000-07:00

Looks like this thing has finally been worked out. Bravo to cooperation!

"Web radio, music industry reach agreement on royalties"

P2P Study - Should it be licensed?

2009-05-14T12:45:00.001-07:00

P2P Study: Music Crackdown is bad for Business

Flat Speakers?

2009-04-21T17:31:00.001-07:00

A few scientists at the University of Warwick have a developed a new "flat speaker" technology. Interesting.

"New flat flexible speakers might even help you catch planes & trains"

Thanks to Mayo for the link.

Fleecing Fans

2009-03-19T13:06:00.001-07:00

And it continues...

"PNC Bank Arts Center charges all music fans a parking fee of $6, even if you don't have a car"

Scalping III

2009-03-17T07:16:00.000-07:00

http://forum.nin.com/bb/read.php?9,548515

Well here it is. Straight from one guy within this industry that deals with these issues on a day-to-day basis yet continues to remain fan friendly. Trent Reznor. The funny thing is, I respect Trent Reznor so much for his continuous honesty and innovativeness that I will support him. AND I DON'T EVEN LIKE HIS MUSIC!!! But personal taste aside, here is his take on the current secondary ticketing market debacle. After speaking with an attorney earlier today, take these words as fact. Many acts do this, not some, probably most. So, where is your act? Are they taking advantage? If not, they better be taking measures to TAKE CARE OF THE FUCKING FANS!!!

As I'm sure you can tell, I feel very passionately about this subject because it cuts deeply into a vein that I have always harped on...you must respect the fan b/c they pay your bills and they can choose to unpay your bills. This is a simple formula. Take care of your fans, make good music, stay connected, and you will prosper. Choosing to do otherwise, taking money over credibility, damages you long-term viability.

It seems to me this whole problem is a simple case of short term gain, long term loss. Typical music industry behavior. My question then becomes...when are we going to take things over? Teach acts to respect their fans? Teach fans to respect music as much as their favorite acts respect them? When are we finally going to realize that there WILL ALWAYS BE A MUSIC INDUSTRY BECAUSE PEOPLE LOVE MUSIC!!! No matter what form this industry will take, it will exist. So...do you have what it takes to work in it? How much do you value good will? Example: I recently spent two hours in front of my laptop trying to get Phish tickets to a show that is 15 minutes away from my house (Jones Beach, NY - fantastic location, I know), only to end my search frustrated and hating the ticketing system (mostly due to the total incompetency of the Live Nation ticketing system).

But what is missing, is the connection. The reason why. I was pulling my hair out over not being able to get tickets, I had to have tickets (I still don't if you have extras) because this was a band that I had to see. At this point you have to understand, I have spent almost $1000 on Phish this year (mostly to the benefit of stubhub.com), which is depressing seeing that I could have gotten the exact same value for $300.

The point of all this is to illustrate the problem. The secondary market is hurting the live music industry, the one segment that will always continue to survive because there is no digital substitute. So will you sit back and let the act "maximize" its revenue stream? Will YOU express an opinion motivated by a 15% take? Or, will you choose to respect your fans, respect technology, and ride the wave.

Remember, long term relevancy is the key to long term sustainability. So, choose wisely.

Adam Beasley

New York, NY

Scalping II

2009-03-13T09:44:00.001-07:00

The plot gets thicker. After the last post on scalping and how tickets show up on the secondary market, a la Bob Lefsetz, this article was published in the Wall Street Journal. Very interesting indeed. I am not normally one that favors government regulation of the entertainment industry but this sounds like a very serious problem. After all, wouldn't we all rather pay face value?

Scalping

2009-03-08T09:13:00.001-07:00

Check out this new Bob Lefsetz article on scalping. I raises questions about the manner in which tickets are showing up on the secondary market and who is putting them there. Very interesting in light of the LN/Ticketmater merger.

Ticketmaster/Live Nation Merger

2009-02-03T18:58:00.001-08:00

"Live Nation, Ticketmaster May Merge" - Wall Street Journal

Ticketmaster/Live Nation Merger

2009-02-03T18:53:00.001-08:00

I just got word that the Wall Street Journal is reporting:

"Ticketmaster and Live Nation are close to a merger, in a deal that
would consolidate two of the most powerful forces in the music
industry under one roof."

Performance Right in Sound Recordings

2009-02-03T17:42:00.001-08:00

"Performance Rights Act To Be Reintroduced"

Three Strikes in the UK & Legitimized P2P

2009-01-27T07:21:00.001-08:00

Three Strikes appears to be dead in the UK:

"Music Pirates will not be Disconnected from the Internet"

In other news, an attempt by Virgin to create a legitimized P2P service has been abandoned. For commentary on the situation and the future of legitimized P2P services see this blog by Resnikoff.

Apple

2009-01-15T09:00:00.001-08:00

I'm sure most of you are wondering why there wasn't a post on Apple's announcement that it was lowering/raising/maintaining its pricing structure and formally dropping all DRM from its offerings. Well, the short answer is....does it really matter? Though this organization has traditionally maintained the stance that music, in the current digital climate, is too expensive. And I for one am of the opinion that prices should be dropped DRASTICALLY (lets say $3-5 per album) but the recent Apple announcement does little to adopt these views, mainly because there was no per album announcement and while they did drop prices they also raised them. Raising prices, even of the "hits", is an idiotic idea that will only have the effect of punishing people that legitimately pay for downloads. The only positive that can even be fathomed from this announcement is that now back catalog collections will be cheaper but let's think this through....who are the normal consumers of back catalog?? Older people. What demographic truly cares and will likely be swayed by lowered prices? Younger people. What do younger people buy? The "hits." What prices are getting raised again??? I'm sure you see where this is going. So are the major labels moronic? Yes. Is this a reverse solution? Yes.

Enough of that however because I don't want to appear cynical. Many today are mourning the potential loss of Steve Jobs' expertise at Apple, which you can read about here. Now I have never been much for the rumor mill and feel personal privacy should be respected but it is hard to imagine a more iconic figure in the realm of digital music innovation. He has been a force to be reckoned with. However, I do not subscribe to the opinion that if he leaves Apple for good this will a huge deal. I'm sure he is not the only innovator at Apple and hey, maybe talented innovators might actually start other companies, fostering competition, moving technology forward.

In other news, a friend of mine has just hung her shingle in the Middle Tennessee area. She started a production company and is looking for clients and employing a do-it-yourself mentality. Her promo materials won't attach for some reason so if interested I ask that you email her directly at queenp227@yahoo.com and she can send you the materials. Also, if anyone out there would like to be promoted in the same manner, just send DMCS what you have. My only disclaimer is that we are here to promote companies, not bands or shows. There are many other forums for that.

So that's that. Happy belated New Year! Wealth, prosperity, and INNOVATION to all. Until next time...

Adam Beasley

BIG NEWS!!! + Catchup

2008-12-21T08:15:00.001-08:00

The close of the semester always creates huge time commitments and thus the news has not been going out as it happens. So, since the holiday has officially begun, here are the big stories from the past few weeks. Take note of the first two links as they are a really big deal that may mark a drastic change in the RIAA's enforcement policy.

Music Industry to Abandon Mass Suits - Looks like "three strikes" is being pushed on the United States. A few things to think about...How involved is the FCC in all this? How are the network neutrality policies of the FCC and President-Elect Obama going to treat this little turn of events? How is the RIAA going to treat the privacy concerns of internet users? Is "making available" copyright infringement? Is this policy u-turn a reaction to this...

Three Major Record Labels Join the 'Choruss' - Jim Griffin and Warner Music Group have finally revealed their plan to end mass litigation against universities and college students by creating a new licensing agreement whereby universities (and consumers possibly in the future??) can get blanket licenses that legalize P2P file trading and any other form of obtaining music over the internet (free or paid). This agreement has the support of the RIAA and the EFF!!! - two groups that have traditionally been at odds about the direction of online music policy. Therefore, if the RIAA no longer needs to sue college students and can instead collect licensing fees they can now focus on ISP's. Now the problem (as I see it anyway) is instead of pushing "three strikes" they should be pushing this blanket license, legitimizing file-trading across the board. However, Choruss is a currently in beta testing and has not proven to work. To all those reading this...take heart, the industry is moving forward, testing new ground, and trying to save itself from EXTINCTION!! Props to Warner, they are doing what Universal is too scared to do. Also, be sure to watch the slideshow in the above link, which gives more details on the plan.

and in other news...

Coldplay are big thieves. Compare this to this. I honestly think this is hilarious. There are mashups of the song out there where Satriani is playing lead to Viva la Vida and it sounds awesome. I believe the keys of the two songs are about a half step down but it doesn't matter. All Satriani has to prove in court is 1) substantial similarity and 2) access. Since Joe Satriani is a god to many guitar players, access will be no problem. If you were on a jury, would you think the two were substantially similar??

Also, many people ask whether you really need a major label record deal to work as a recording artist. The answer really is...it depends. It really depends on 1) what type of music you play and 2) how big do you want to be. Here is an example of an artist that is choosing not to go with a record label and how she is funding her new album. Can anyone say sellaband?

Musician Jill Sobule Raises Funds From Fans for Record

Want to work at EMI?

2008-12-03T06:42:00.001-08:00

Would you like to work for EMI? I hear they are accepting applications for Director of Global Music Marketing...

"Terra Firma Loses String of Executives Seconded to EMI"

Live Nation + Blockbuster??

2008-12-02T06:34:00.001-08:00

Would you rather rent a movie or go to a concert? Now you can do both!!! (inject sarcasm here)

Is ditching Ticketmaster for Blockbuster a good deal? Time will tell...

"Live Nation, BlockBuster Ink Ticket Deal"

Ticketmaster

2008-11-20T07:51:00.001-08:00

Here are a few of today's links regarding Ticketmaster. A particularly interesting one involves a look at Ticketmaster Entertainment's new experiment in removing convenience charges from Eagles Dates (see our post from a few weeks back).

"Touring Panel: Ticketing Charges Won't Disappear"

"Ticketmaster to Power Billboard.com Ticket Sales"

Tennessee Copyright Laws

2008-11-19T10:55:00.001-08:00

Big news of the day, for all you Blue Raiders out there, and whatever other TN colleges there are out there:

RIAA Win: Tennessee to Police Campus Networks

Entertainment Law Initiative

2008-11-14T09:54:00.000-08:00

Last night, the Grammy Foundation held a panel of Entertainment Lawyers who gave their opinions on how to get involved in, maintain, and make money with, an Entertainment Law Practice. I took extensive notes throughout most of the presentation, which I am attaching to this post. They may be helpful, they may not. Keep in mind they are rough version of what the panelists spoke about but you should be able to glean the general ideas.

Note: I did not take notes on the Q&A session that involved a lengthy discussion on the "strange" new deals in the business. The gist was, you must stay flexible, and cautious. With these new deals and new services, no one really knows what they are doing so trust is a big issue.

Cheers,
ab

Entertainment Law Initiative
Music Law: Lawyer’s View From the Street

• How did you get into the business?
o Tim Madelbaum: spent time working on music, not very much law; record label friend, got a job in-house; jack of all trades job; lack of experience at a law firm left him w/o tools to be capable, then left and did corporate law and real estate; went from corporate firm to boutique firm to EMI; started own firm after leaving EMI then got a job at Drier;
o Nick Ferara: in music biz through Flom going and freelancing; after graduation worked at A&R rep, although took job at big firm in big firm (good experience); learned to be a lawyer; then got A&R job; at Atlantic helped build contacts; once had contacts hung own shingle
o Peter Lewit: played in band during law school; got signed to Atlantic; just began running around meeting bands; got a band a deal; found a real music lawyer, got a job w/ the lawyer that just started his own practice, while building his own practice; in that day could build practice quickly;
o Janine Small: did lots of group work in entertainment; follow dreams the money will follow; get experience in a firm where you can; learn how to be a lawyer;

• Is a critical part of practice going and finding/seeing bands?
o Peter: actually running around and seeing band is not that helpful now; more online now; really just going out to meet people to get perspective; not the way to go, but you can’t be shy in a social setting; there is a high degree of BS sensors with all clients on transactional side; in deal-making you must be part of the community
o Nick: most firms are small; 3 types of attorneys: 1 that goes and brings in biz; 2 one that services the clients; 3 combination of the two; always looking for servicers not always people to bring in biz
o Tim: whatever the relevance of seeing bands is, this has changed as the power of major labels has diminished an internet has leveled playing field; currency is still the contacts; ability to be successful is the ability to get in touch with people; major system is a small world that is about relationships;
o Janine: get clients through relationships;

• Need developing clients, how do you decide whether to take on new clients and deal with these relationships?
o Peter: today you are relying more on your own intuition; at beginning this is hard; must make decisions about ability to be a meaningful commercial enterprise, with record sales like they are place bets on acts that have staying power beyond records; this is kind of good news; the strongest will survive across the board; publishing deals are smaller today;
o Nick: new clients can’t pay you until money starts coming in; you must be careful, really you have to be great, this is hard but it is there;
o Tim: through first two deals, label and publishing, could sustatin; now this isn’t the case; so now, must be super judicious about who you work with; have more difficult billing discussions up front; must have some kind of commitment; can’t justify work where there is no monetization;

• What type of fee arrangements do you have w/ clients?
o Peter: some clients are hourly (much larger clients, MySpace) still alive and well when clients have the resources, flat fees phasing out, retainers (companies) no hassle version of hourly easier; commission 5-10% depending on acts and types of infrastructures, higher if doing more for client, makes much more sense to justify work that you are down-streaming in the system, used to do a deal and not hear from someone, now there are many more deals much more work, you are a small business affairs dept, only way to rationalize is getting a piece b/c you aren’t getting paid directly for these deals; can’t enforce a post term commission; must hold on to clients;
o Nick: commission is good, consistent renegotiation is frustrating, if percentage is going down switch to hourly;
o Tim: doing more hybrid w/in a client; do this deal for percentage, this deal by the hour, etc; big fees sometimes don’t justify extra work;
o Janine:

• How do you maintain clientele
o Nick: service clients, this is the key; when artist is working you are dealing with team; MUST VISIT THE CLIENT;
o Tim: trust, as well, is volatile; hope to build relationship with a trust relationship;
o Peter: no one wants to pay; best clients are the ones that have been with you the longest; people will always want a better deal; happens usually when the team changes; may be fluctuations in your good clients but they ultimately rely on you; must hold on to clients, means good relationships with the entire team, welcome their opinions, invite other members in to anchor trust;
o Tim: also from the other side, what can happen sometimes the talent takes a back seat and relationship becomes with the team; there is still something about seeing the band play, this is important;
o Janine: people look to you to find deals; most of changes happen when artist is cleaning house;

• Where can a practice be built to sustain a living and lifestyle?
o Peter: practice outside NY is doable but contact is still critical, even with the firm; w/ right software you can do it; didn’t really impede practice so much, detriment was contact with firm
o Tim: works from house on Fridays; technology enables transparency; clients know where to find me; just come in if you must; don’t think you can do it full time; must be at the firm for a good portion of the week, in turn, get a lot done from home;

• For students, what do you recommend?
o Nick: law school does not prepare for practice; apprenticeships help; sink or swim mentality; don’t have time to train new people, first thing – go practice law at a firm first get experience
o Janine: intern while in school if you can; takes close to a year until someone is actually valuable; do on the ground learning; it is important to know what you are doing;

Irving's First Move

2008-11-13T06:44:00.001-08:00

I was wondering when we would start seeing the synergy between Front Line and Ticketmaster Entertainment, here it is...

"Ticketmaster Eliminates "Convenience Fees" on Eagles Dates"

This thing is going to be huge. This is just the beginning. Irving Azoff is the MOST powerful man in the record business, hands down. Rapino? He has no experience managing act, only promotion. Do you think the Eagles are planning to leave Irving's ranks anytime soon? Not likely.

The Fan. Celebrate. This may mark the first step in fan-friendly business practices within the power brokers of the music industry. Does this make sense? Yes. Will they actually be charging the same prices? Probably. But at least the fan will know what he is paying.

At this point the only person that can shake things up more than Irving will be Jim Griffin and his yet-to-be-determined, probably-won't-happen-for-many-years ISP entertainment charge. Jim, an update?

For an analysis of the All-In Ticketing Plan check out our good friend Bob Lefsetz.

Hollywood/YouTube

2008-11-10T09:54:00.001-08:00

"YouTube in Talks with Hollywood to show Free Full-Length Films"

Hollywood seems to be taking a more proactive approach before its business model goes down the drain. Recording Industry --- ARE YOU PAYNG ATTENTION!!

Irving Azoff

2008-10-23T14:50:00.001-07:00

For years, many have said Irving Azoff, once head of MCA and founder of Frontline Management, is the most powerful man in the music business. It now may be official...

"Irving Azoff, Chief Executive Officer of Ticketmaster"

If Michael Rapino isn't worried, he should be.

Yet Another New Pricing Model

2008-10-21T20:48:00.001-07:00

Well, I'll let the article speak for itself. Comments?

"Lala Introduces 'Virtual Ownership' Pricing Model"

More SanDisk Details

2008-10-16T06:37:00.001-07:00

"SanDisk Releases New Details About SlotMusic"

PRO-IP Act passed

2008-10-15T11:05:00.001-07:00

"Copyright Coup: Anti-Piracy Czar Coming to Washington"

Arbitron in Hot Water

2008-10-13T07:43:00.001-07:00

"N.Y. AG Sues Arbitron"

Arbitron creates the ratings for a large percentage of radio stations across the country. These ratings, in turn, provide advertisers with a gauge on how much they should paying for advertising, forcing radio stations to tweak their rates, and thus their bottoms lines, accordingly. This probably also affects playlists on these radio stations in their quest to make more money for their shareholders. So...how accurate are these ratings?

For a thorough analysis of Arbitron see Prof. Tom Hutchison's book: Record Label Marketing.

Laughter

2008-10-07T12:21:00.001-07:00

Wow, how great is America. In light of yesterday's Mary Poppins post, I have to bring you my comedic relief for the day. Check this out.

Old News

2008-10-07T12:05:00.001-07:00

I realize to most of you this is old news, but it is better late than never. Great to see industry working TOGETHER!!!

"Major Music Industry Groups Announce Breakthrough Agreement"

or for a shorter version...

"Mechanicals Staying Steady on Paid Downloads..."

and for an explanation of all this madness...

"Agreement Royale"

Canadian ISP Tax?

2008-10-07T11:47:00.001-07:00

"Is an Internet Tax Coming?"

This is an issue that is of particular interest in the upcoming Canadian election cycle. For a history on the proposed Canadian copyright reforms see...

"Copyright Reform Pledge Gaining Steam"

Mary Poppins

2008-10-06T11:22:00.000-07:00

Oh my gosh. I can't resist. I watched this on my computer with headphones. People were definitely staring....

Today's Links

2008-09-29T07:39:00.001-07:00

More on the Intellectual Property Enforcement Act...

"Senate Passes Intellectual Property Bill"

And the streaming royalty debate...

"Net Radio Bill Passes House"

And other countries that are blowing past the US in broadband availability...

"EU Calls for Universal Broadband"

Presidential Debate # 1 9/26/08, Oxford, MS

2008-09-27T08:59:00.000-07:00

In case you guys are like me, preferring to watch baseball knowing the debate will be up on YouTube, here are the YouTube clips. They are an 11 part series starting in order...

Bush Administration Opposes Copyright Bill

2008-09-25T11:14:00.000-07:00

"Bush Administration Opposes RIAA-based Copyright Bill"

It seems President Bush is not interested in the RIAA imposing on his powers.

For more on the Enforcement of Intellectual Property Rights Act visit:

"Legislation Continues to Fight to Protect Intellectual Property"

"New Law Would Authorize DoJ to Sue File-Sharers"

"Senate Panel Approves RIAA-backed Copyright Bill"

"DoJ Agrees: IP Enforcement Bill is a Bad Idea"

Google Phone: Comes With AmazonMp3

2008-09-24T09:54:00.000-07:00

There have been reports of the upcoming Google Phone for weeks. The official announcement happened last week. More details have confirmed the participation of AmazonMp3 to handle the audiomobileretail duties:

"Confirmed: AmazonMP3 Powering Android Music Store"

An Independent Retail Hero Departs

2008-09-24T08:53:00.001-07:00

"Don Van Cleave to Exit CIMS"

Don is definitely a hero in the independent retail world. Over the past year alone, he was instrumental in helping many independent stores stay in business, fight fires, and generally stay relevant in today's digital world. He will be greatly missed. I should also point out that he has been the chief compiler/editor of the CIMS music chart that is sent to my Inbox every week. However, I am sure Don would not leave CIMS without a firm assurance that they could get along without him. It seems Don is ready to get involved in the creative side now, and he may even have more fun, though I doubt a lack of fun was his motivator. Good luck Don, though I am sure, with your knowledge and skill, you won't need it.

PlayNow Plus, Streaming Rate Proposition

2008-09-24T08:37:00.000-07:00

Here are some of today's healines on Sony Ericsson new service, PlayNow Plus. This looks substantially similar to Nokia's Comes With Music.

"The Package Arrives: Sony Ericsson Confirms PlayNow Plus"

"The PlayNow Plus Proposition: More Details"

"Music Groups Reach Accord on Royalties"

and for an explanation of why this doesn't apply to Pandora...

"Lost In Licensing? Royalty 101 Now In Session..."

New Music Format

2008-09-23T08:40:00.001-07:00

"SanDisk, Record Companies Plan New Music Format"
http://online.wsj.com/article/SB122204010273861109.html

SanDisk is definitely thinking mobile here. Will it make an impact?
We will see.

Haircut

2008-09-21T08:29:00.000-07:00

Ok well....

Let's just get this out in the open...I got a haircut. Probably not the greatest haircut ever but I got to give the barber at Majestic Barbershop full credit. They cut well over 8 inches off and did a pretty good job. Full credit. Well, I'm sure you are all wondering what I look like without long hair. And no mom, I didn't shave the beard. Here I am...

PS No that is not just a shirt with a hole in it. It is a rare vintage Pink Floyd "Wish You Were Here" album cover, IN WHITE!!! RIP Richard Wright. And, yes, I could probably use a shower.

MySpace Music

2008-09-17T11:55:00.001-07:00

"MySpace Music"
http://lefsetz.com/wordpress/index.php/archives/2008/09/17/myspace-music/

Does Lefsetz get any better than this? The Palin comment sent me over
the edge. Hilarious!!

Napster/Best Buy

2008-09-16T08:44:00.000-07:00

Check out this great, though brief, analysis of yesterday's sale of Napster to Best Buy.

"Resnikoff's Parting Shot: Why Napster Suddenly Makes Sense"

http://www.digitalmusicnews.com/stories/091608parting

RIP Richard Wright

2008-09-15T19:27:00.001-07:00

Well, it has been quite an active day for this blog and, sadly, this post may be the bearer of bad news for some of you out there. Richard Wright, keyboardist for Pink Floyd, passed away today from a short battle with cancer. He was only 65. Why does it feel like our rock gods are fading fast? Where are the new heroes that inspire young players to pick up a guitar? For me it was Jimmy Page, David Gilmour was out of my league. But I got there. And despite what many will say, I think The Division Bell was one of Floyd's better albums (though not the best by any means). And Rolling Stone magazine will forever have zero credibility in my book for the denial that Pink Floyd is a band of legend warranting only the most hallowed praise.

Anyway I have already spent way to much time on this blog today to warrant the amount of work I have neglected. So I will call it a night. Out.

Retraction

2008-09-15T07:43:00.001-07:00

Correction: You can access the article online. This must be thankful
change in the WSJ's policies. Though I am not aware how long the
article may be accessed.

Making Access Easier

2008-09-15T07:39:00.001-07:00

This excerpt was taken from the BNA's Internet Law News - 9/15/08 published by BNA Legal and Business Publishing. The entire excerpt is included because you cannot access the Wall Street Journal online (due to debatably unsound business practices).

GROUP TO EASE DIGITAL-MOVIE ACCESS

A consortium of studios and consumer-electronics companies is trying to kick start the market for digital movies and other content by making it more convenient for consumers to use. The initiative, tentatively called the Digital Entertainment Content Ecosystem, will allow consumers to use their online entertainment files much like e-mail, by buying it once and accessing it anywhere. The goal is to also ensure that digital-entertainment files play on any device.

YouTube and the 1st Amendment

2008-09-15T07:34:00.001-07:00

"YouTube Bans Terrorism Training Videos"
http://www.siliconvalley.com/news/ci_10451247?nclick_check=1

Sarah Palin

2008-09-14T07:31:00.001-07:00

Well, it has been quite awhile since I weighed in on some of today's more generic issues. But after watching the Sarah Palin interview yesterday I just couldn't resist.

Is this woman out of her mind? I have seen politicians dodging questions and giving half-answers before, but this is something new to me. For anyone that has watched the interview, can you give me one straight-ahead, not beating around the bush because my policies are not well thought out, answer. Good grief. Think about this for a minute. If McCain/Palin are elected, and McCain (who is already pushing the average-life-expectancy) dies, this idiot will be running the country!!!

The sad part about all this is that I didn't really dislike John McCain before this, but now, I'm actually thinking about getting involved in the election....and for those of you that know me...this is a serious problem.

The answer to Gibson's question about stem-cell research was the best. Did that answer even address the question WHATSOEVER!! My God, what is our world coming to? OK, enough ranting...

And on a lighter note...

More Copyright Police?

2008-09-12T08:04:00.001-07:00

"RIAA, MPAA resume lobbying push to expand copyright law"
http://news.cnet.com/8301-13578_3-10039238-38.html

Today's Links

2008-08-30T10:48:00.000-07:00

"RIAA Beats the Howells; Critical Evidence Destroyed"
http://www.digitalmusicnews.com/stories/082708riaa

"Comcast Sets Monthly Bandwidth Restrictions..."
http://www.digitalmusicnews.com/stories/082808comcast

Fair Use, Takedown, and the DMCA

2008-08-23T06:26:00.001-07:00

Here is a good link:

"Woman can sue over YouTube clip de-posting"

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/08/20/BAU412FKRL.DTL

This will probably put a damper on Google's new filter technology.

Adam Beasley

adambeasleymusic@gmail.com

ps I am attending Benjamin N. Cardozo School of Law in Manhattan. Anyone that needs a good NY connection or finds themselves in the area should drop me a line. Peace.

Today's Links

2008-07-29T09:42:00.000-07:00

"British MoU Starts Rolling; Sharkey Says No ISP-Level Blanket"
http://www.digitalmusicnews.com/stories/072708uk
-
"It's Official Official: FCC Approving XM + Sirius"
http://www.digitalmusicnews.com/stories/072708fcc
-
"Also Official Official: Shareholders Approve Clear Channel Buyout"
http://www.digitalmusicnews.com/stories/072708clear
-
"China Says it now has more Internet Users than U.S."
http://www.siliconvalley.com/news/ci_9993284?nclick_check=1
-
ab

Senate IP Bill

2008-07-25T08:40:00.001-07:00

The bill is termed the Enforcement of Intellectual Property Rights
Act of 2008 here is some info...

"Bill Asks Attorney General to Investigate Piracy"
http://www.pcmag.com/article2/0,1895,2326397,00.asp

Three Strikes II

2008-07-25T08:20:00.001-07:00

It seems the BPI has commitments from ISPs to send warning letters.
However, these "warnings" do not threaten disconnection...hmmm....

"BPI Clarifies: This is Not Three Strikes...Yet"

Meanwhile, there is a much larger debate happening in the European
Parliament. For an extremely well-written and informative insight
into this debate and the major players take a look at this.

Three Strikes for Britain?

2008-07-24T17:19:00.000-07:00

"British ISPs Agree to Massive Letter-Writing Campaign"

http://www.digitalmusicnews.com/stories/072308bpi

"Parents to be Punished for Children's Net Piracy"

http://technology.timesonline.co.uk/tol/news/tech_and_web/article4387283.ece

Orphan Works

2008-06-19T19:21:00.001-07:00

Ever wondered what the deal is with orphan works? Well, even if you haven't, here is a great post by the Future of Music Coalition explaining orphan works, the new OW legislation, and the big impact on startup services. Check it out...

"Orphan Works and Creators -- What's the Deal?"
http://futureofmusiccoalition.blogspot.com/2008/05/orphan-works-and-creators-whats-deal.html

More Making Available

2008-05-15T11:40:00.000-07:00

The saga continues...

"Breaking Development in Thomas Making Available Case"
http://williampatry.blogspot.com/2008/05/thomas-case-in-minnesota-has-watched.html

Clear Channel & More Qtrax

2008-05-15T07:24:00.001-07:00

"Clear Channel Agrees to $17.9 Billion Buyout"
http://www.dmwmedia.com/news/2008/05/14/clear-channel-agrees-%2417.9-billion-buyout

"Qtrax Signs Warner/Chappell to Free, Legal File-Sharing Service"
http://www.dmwmedia.com/news/2008/05/14/qtrax-signs-warner/chappell-free%2C-legal-file-sharing-service

Publishers down, labels to go...

RIAA: How it Catches File Sharers

2008-05-15T07:22:00.000-07:00

"How It Does It: The RIAA Explains How it Catches Alleged Music Pirates"
http://chronicle.com/free/2008/05/2821n.htm

Take note of the fact that this process cannot identify a difference
in "making available" and actual distribution. Recent court decisions
have brought into question the legality of infringement suits against
persons for simply making their collections available for download.
If the files aren't actually distributed, is this infringement? We
will wait for the courts to decide.

New York Bound?

2008-05-09T11:26:00.001-07:00

Yesterday, I took the first big step toward actually moving out of
this great state. I went to the local U-Haul and bought boxes and wrapping foam.

Now, there is probably nothing I hate worse than moving. It is something I have avoided for the last two years quite successfully, but my streak has ended. For those that don't know, my family and I are leaving Murfreesboro, TN to spend 8 weeks in Mississippi. We will be living in an old lakehouse owned by my grandmother. I really can't think of a better way to spend the interim before the BIG PLUNGE. This will be my first summer since I was 15 where I won't actually be doing ANYTHING except sitting around, reading, skiing, maybe a little swimming...life will definitely be difficult this summer.

However, this good-time relaxation will be a good break from everything before I jump headlong into the GRIND. And by grind, I am talking about a potential move to New York. That's right, THE BIG CITY. The fourth largest city on the planet. I smell a good time. There are still a few options I am currently considering, but I really feel like a drastic change of scenery will do me good. My friends know that I get a bit stir-crazy after a while. If there are any NY readers out there, give me a shout. More on these developments as they develop. Until then...

Telecom News

2008-05-08T08:16:00.001-07:00

"Comcast Mulling Internet Usage Cap to Discourage 'Excessive' Use"
http://www.siliconvalley.com/news/ci_9183944?nclick_check=1

If Comcast is having these huge bandwidth problems how about
this...IMPROVE YOUR FUCKING NETWORK!! Why should the consumer suffer?
This is the Internet, you are a service provider, provide the service
and leave us the fuck alone!!!

"Technology Group Plans Wireless Network"
http://www.nytimes.com/2008/05/07/technology/07sprint-web.html?

_r=1&oref=slogin

A little competition, sounds good to me. Let's get this thing in gear
so we can really start making money off this, yet untapped, resource.
Look at Japan. Take note. This is very good for music. Now, the
problem is making music cheap enough so mobile acquisition becomes a
habit and not an occasion. Out.

Qtrax Redux

2008-05-08T08:15:00.001-07:00

"This Time It's Real: Qtrax Inks Universal Music Deal"
http://www.digitalmusicnews.com/stories/050608umg

Qtrax Returns!! A deal with UMG and UMPG is definetely a good place
to start. Now the problem will be these enormous upfront payments to
get the license. Will they kill the service? Probably. Innovation has
never been one of Universal's strong suits, but time will tell. Until
then...

Grand Theft Auto

2008-05-06T07:29:00.001-07:00

"Grand Theft Auto Simplifies Song Purchasing"
http://www.reuters.com/article/industryNews/idUSN0430077120080505

The consumer needs the chance to buy music WHEREVER THEY ARE!!! Bravo
to the video game industry for pushing this idea along.

More Free Music from NIN

2008-05-06T07:28:00.001-07:00

"This One's On Me: Reznor Just Gives It Away"
http://www.digitalmusicnews.com/stories/050508reznor

I'm sure you have all heard about this but just in case...

http://theslip.nin.com/

erockster/Clear Channel

2008-05-01T08:54:00.001-07:00

"Clear Channel's erockster: The Real Skinny Emerges"
http://www.digitalmusicnews.com/stories/042908erockster

Clear Channel's new online radio format, erockster, is an interesting
concept involving user-generated content. Hopefully, the concept of
DIVERSITY might infiltrate their terrestrial stations.

Making Available II

2008-05-01T08:34:00.001-07:00

"Court Rejects RIAA's 'Making Available' Piracy Argument"
http://www.news.com/8301-10784_3-9932004-7.html

It is great to hear this case will be going to trial. "Making
Available" has long been the basis of the RIAA's legal arguments.
Many, including myself, have criticized the methods the RIAA uses to
bring suit against P2P users. The shotgun approach has had little
affect curbing sharing volumes and has only led to bad press. Should
they possibly take a different approach? We will see what the trial
judge has to say. Until then...

Adam Beasley

Canadian Solution

2008-02-27T06:48:00.000-08:00

"Songwriters Association Proposes Fee for Canadian Internet Users"

Canadian songwriters sound like they are thinking here. Way to go!!! However, this probably won't pass, especially since it doesn't sound voluntary, but legalized P2P is the way to go. Let's face it, consumers are calling the shots. This proposal would continue to allow them to do so and, at the same time, MAKING MONEY OFF THEM!! What an interesting proposal (insert sarcasm): not leaving money on the table. My only questions concern the international ramifications of such a proposal. I am guessing this would not have to gain international approval and international artists will almost certainly be included in the deal.

My favorite quotes: "You have to monetize new uses of your work, whether you are a songwriter or a bricklayer," and "It's not my fault that nine or 10 years after Napster a proper system hasn't been worked out to compensate songwriters and recording artists."

WELL PUT!!

Like I said, this probably won't get approved, but at least they are THINKING. Instead of crying for the scalps of consumers, they want to capitalize. Way to go Canadian Songwriters. Maybe this will gain approval and the US will catch on but probably not. I will keep my eyes open, until then...

ab

Hello again...

2008-01-12T07:46:00.002-08:00

Well I was reading some past posts and thinking that I haven't written a personal post in quite a while. As for life, it's really great. My mood of late has been very positive. There have been a few changes including: a new internship in downtown Nashville, some old friends moving into town, and the final phase of law school admissions.

To the family, Jackson is now crawling and Aakyah just had her fourth birthday. Hard to believe. Brookes is once again enthralled in the world of tanning. And I am happy.

I spent the morning running down some old songs on the 6-string and feel like getting my harmonicas out to jam with myself. This has definitely added to my positive vibe, as many of you know my all-time-favorite pastime.

And speaking of favorite pastimes, I have been reviewing the Panic New Years Shows (for torrents click here and here, and just saw a link for my second panic show ever!!! more to come on that) And WOW!! Jimmy Herring is finally beginning to come into his own with the band. I think, over his first year, he had to learn the songs. And now, he is PLAYING the songs. He is truly one of the most talented guitar players out there and is the true spark the band has needed. Highlights include...

12/30/07: Dirty Business > Better Off, check out the slide work going into DB, truly sick; Goin' Out West, great intro by Schools. North, Papa's Home, always great songs, have to say the first set is better than the second. DB > BO really blew my mind!!!

12/31/07: Acoustic first set, killer Life During Wartime > Machine in the second, along with the new song, Up All Night. This song has actually grown on me quite a bit since listening to the single, really a song better experienced live. Just now really getting into the third set awesome slow Ain't Life Grand intro, I wish they would play the whole thing slow to see how it sounds, the jam on the end of Bust it Big is also nasty!!! This is as far as I've gotten, so more to come.

I am really stoked about this new Jackson show '98, more to come on this. Until then...

The Battle rages on....

2007-12-31T11:59:00.000-08:00

http://www.washingtonpost.com/wp-dyn/content/article/2007/12/28/AR2007122800693.html

Have you been reading the news lately, the labels are SCREWED. Do they read the papers? Guy Hands runs EMI and is taking the Venture Capitalist approach: tear the company down to its core then sell to the highest bidder. Did Terra Firma buy EMI for the label or the assets? Sony is hemorhaging; as is Warner. Universal, the biggest of them all, has decided it wants to wage a war with the company that may hold the key to its future, Apple. And Apple, the company that is NOW making MONEY off music has its stock at record highs.

And now the infamous RIAA (Major Labels) is taking its fight to personal use. Really? Isn't this a bit like shooting yourself in the foot. Business 101. Ever heard of the product life cycle? Well, the CD is in decline and it AIN'T COMING BACK!! The sooner that the labels realize this, the sooner they can save themselves. Digital music has yet to be tamed by anyone, startups are born every day that are designed to sell music, so make it available. People are getting it for free right now, so why don't we try to make a little money off them. Remember, Limewire and Napster ASKED for licenses and were turned down. The labels COULD be making money of P2P but THEY'RE NOT!!!

Steve Jobs is not all powerful, he just understands the biggest rule in business: THE CUSTOMER IS ALWAYS RIGHT!! Guess what major labels, the people that are stealing music and filling their iPods and hard drives with as much music as they can get, are your CUSTOMERS. You don't go to war with your customers. The continued barrage of lawsuits has deterred downloading, but it has deterred the wrong type of downloading. Getting music off the Internet is seen as something that is illegal. Instead of embracing digital distribution wholeheartedly the labels simply sat there watching their futures slip away.

Digital IS the new model. Whether you like it or not, it is here to stay. So instead of fighting it, and letting the technology companies make ALL the money, adapt. Change. Evolve. But the labels are having a hard time with this. Now don't get me wrong, I know it isn't an easy answer. And CEOs must answer to shareholders, artists, and critics, and they don't want to completely destroy the recording industry by trying to save it, but apocolypse is upon us. How long do you give Warner? They are still a public company and the stock is plummeting. Would you invest in Warner? The smart money will wait and ride out the storm. Most of the big whigs have made their money and don't really care that much. Do they care as much as the entry level guy that just got a pink slip for Christmas? Honestly.

As the old saying goes: "If you can't beat 'em, join 'em." Have the majors heard this. Apple sure has. They know that their customers want state of the art, where quality is paramount, useability is king, and simplicity is the answer. Why can't I pay an extra three bucks with my Comcast bill for unlimited downloading? I would. Then I could have what I really want...unlimited access to music. People say, "just use Rhapsody or Napster," but there is no freedom. I want to OWN the music, have a collection, put it on my iPod AND my MacBook, and take it wherever the hell I want to . Remember the vinyl collections your parents own? I want my kids to inherit my collection some day, and I want it to be MASSIVE. I want to discover music, but I have been screwed too many times: spending $20 on a CD with one good song. So I don't do it anymore. Instead, I steal. I don't have an unlimited source of funding, and when I do have some extra cash, there is nothing I love more than going to see some good music, I want to support artists, not assholes.

So the attack on personal use, it won't fly. The bills in Congress trying to "protect the rights of creators" they WON'T FLY. You must take CHANCES, be willing to fail, and realize that sometimes you have to throw the baby out with the bath water (did I get that right?). To everyone that has a good CD, let me borrow it, I would LOVE to import it into iTunes, because then I HAVE IT!! I can put it on my iPod and take it with me EVERYWHERE. It is now a part of my life. I want music to be a part my life as it always has and always will. So let the music go where it will and CAPITALIZE!!

Great Email

2007-12-11T10:23:00.000-08:00

I quote Bob Lefsetz quite a bit, because--above all else--he is knows A LOT about the music industry. Most of the time, I agree with him, he gives my mind ammo with which to think, but the real reason I read his stuff, is the inspiration that he puts into his writing. The following email is a look at the Led Zeppelin concert last night in London. Think about what he is saying here, because I feel like much of what he says is true. Are you in it for the money? Is that the reason why you want to be in the record biz? Or, are you in it for the music?

If you're in it for the music, think about your actions. Will you make a record from the heart? Or, will you change lyrics to make them more "commercial"? Sure, the industry is competitive, and you will need an entry point, but remember how it has been done for years. You start small, build the base. Never selling out on the music, but using it as a message about yourself. Truly great musicians are have a mystique: they make you think, wonder, love, inspire. I wonder what he is doing right now?

To those that are graduating this weekend, remember why you were here. Listen when you hear a good song, and be in it for the music. The industry is being transformed, and we are the new creators. If you aren't a musician, be one. If not with an instrument, with a sound board, or a contract, or a license; and always respect the music. We talk a lot about "the industry," so remember what the industry is... .

Music...The universal language, it touches the soul, it lifts the spirit, it says what you are thinking, it entertains, it thrills, it grooves, it KNOWS us. So please, respect it!!

Much love to everyone involved with DMCS this semester. Graduates: GOOD LUCK, keep DMCS updated and we will keep you updated, lets build the network. I hope everyone has a safe and wonderful holiday and I'll see ya in '08.

Adam

Adam M. Beasley
Digital Millennium Copyright Society
amb4z@mtsu.edu
www.digitalmillennium.org
www.adambeas.blogspot.com

From: bob@lefsetz.com
Subject: Led Zeppelin At The O2
Date: December 10, 2007 9:02:06 PM CST
To: amb4z@mtsu.edu

I'm trying to figure out why this Led Zeppelin reunion is creepy.

I'm not saying it wasn't a good time, that I wouldn't want to have been there and experience it. But it just doesn't sit right with me. Maybe because I don't buy this hogwash that it's a one-off.

All my sources tell me there's going to be a tour. No one will CONFIRM a tour, but it's a well-known fact that they're going to go on the road. As for Ashley Capps and Bonnaroo...when he contacted me to correct that e-mail I printed, saying it was false, I replied that I would if he guaranteed in writing that Zeppelin absolutely wouldn't play Bonnaroo. I got no response.

Hell, the band's entitled to make a living. If they want to go on the road and people want to pay, I understand it. But it just doesn't feel good. It's kind of like going to the museum.

That's one of the reasons I didn't go see the Police. I remember first hearing "Walking On The Moon", decades ago. That experience is frozen in time. I'm not sure I want to relive it, certainly not with the people in attendance, those now decades older or those too young to be into it the first time around, maybe not even born.

As for Genesis... You wanted to shake the stink from your shoulders. Talk to anybody that went. Genesis used to mean something, even after Peter Gabriel left. I saw them at the Forum, they weren't just a hits act, they carried on the tradition. Now, Phil Collins is leading cheers, he's playing the role of rock star on stage.

Maybe that's the problem... Robert and Jimmy, John Paul Jones and Bonzo...THESE WERE THE GUYS! Who raped and pillaged, who we wanted to be, or fuck, or both. Now they're old men. I was next to a besuited Jimmy Page one evening and I didn't even bother to say hello, I didn't want to mess with my memories.

It's no crime to get old. It's more of badge of honor than o/d'ing at a young age. But to go out and play the role of a young man, that's what's truly weird.

We revere retired baseball players, but we don't want to see them take the field and play nine innings. We don't want our memories fucked with.

And it's not like there's any new music. And, even if there were, would anybody want to hear it?

I guess the show seems to be nostalgia, trying to bring us back to the way things used to be. But those days are through. But they live on in my memory. Inviolate, unchanged. Just like the records. That's one of the great things about music, every time I play the Zeppelin catalog, the songs remain the same.

If it's truly a one-off, then I take it all back. It's about honoring Ahmet. But, unlike Pink Floyd, I don't hear the band members protesting, saying that they're definitely not hitting the road again. I see them collecting e-mail addresses, saying we'll see. "We'll see" in rock and roll means it's gonna happen. Unless the band members get into an awful fight. Like Van Halen back in '96, at the VMAs. Still, the band eventually got together. And as much as I enjoyed it, the show was ultimately meaningless. It brought you back, but it didn't stand for anything. Hell, I don't even imagine there were groupies backstage. And, if there were, I bet David Lee Roth didn't want to fuck most of them.

But Van Halen was about fun. Led Zeppelin was something different. Led Zeppelin was about testing limits. Not playing by the rules. And if they go on the road now, they're just like every other classic rock band trying to make an extra buck.

I guess what I truly lament is the passing of the years, from the days when music was a dividing line, between us and them, to now, when those in charge, who were on the right side then, are now all about the bucks.

In the seventies you listened to the record to know which way the wind blew. Music was the ultimate art form. Hipper than movies, TV paled in comparison. And the profits on records were greater than those on films. Music built the Warner empire.

If Ahmet had known this, he would have waited a few years to sell Atlantic, he would have gotten more money for the company. And believe me, Ahmet liked money, just ask all those who were screwed on royalties. But Ahmet didn't know it was going to continue. He'd had Cream, never mind all the earlier R&B greats. What could come next?

Led Zeppelin. Decades of triumphant acts.

But Ahmet was primarily about the music. He took some money off the table and continued to play. Today's executives want to take ALL the money off the table, and they want the acts to be subservient to them.

You couldn't tell Led Zeppelin what to do. You can tell ANY ACT ON A MAJOR LABEL WHAT TO DO TODAY! So, when everybody in the business is in London tonight rejoicing, my head is spinning. Are these the same guys fucking the business up? Who feel they've got no option but to rape and pillage themselves?

It's only about the money now. Except if you're young. That's why the youngsters have glommed on to Zeppelin. They SENSE that this was something different, a band that played by its own rules, that wasn't afraid to test limits. I only hope that some of the band's fans will be inspired and create or steward equally challenging quality music to the public.

The people who are gonna change the world musically were not in London this evening. They can't afford the buy-in. They're not connected enough to get a ticket. Music has gone from being inclusive to exclusive. Instead of love your brother, we all belong, it's I'm richer than you, FUCK YOU! The best seats aren't even ever sold. And acts and promoters complain that scalpers are making all the money...the fan doesn't count. The fan will pony up the bucks, right?

Wrong.

Used to be the ONLY problem was getting a ticket. NOTHING was overpriced. You went to the gig constantly, it was a way of life, it was a religion. You listened to FM radio to know what to buy, you bought it and went to the show. FREQUENTLY! You had to buy the record before the band hit your town, you wanted to be familiar with the new material, which they were going to play! Don't see them this tour and you might NEVER hear it live, because they'll be on to NEW STUFF!

Now tours are the greatest hits, all the time. Give the public what it wants. But musicians used to LEAD the public, which doesn't really know what it wants. But labels are only interested in the easy sell. And acts are afraid of pissing off their fans. But Neil Young and Bob Dylan can still tour BECAUSE they piss off their fans, you don't know what you're going to get. Therefore, only fans go, and the fans respect them for following their muse.

I don't want to rain on the parade. Anybody who hears music and enjoys it gets a pat on the back from me. Even if I don't like the act to begin with. Music is the grease that makes life worth living.

But the reason I got into music was because of the notes, the performance, the music itself. The trappings came after. Now the trappings are primary.

I guess I do want a return to the old days. When music was religion.

I know it's a religion to some, but it used to be for everybody.

Except the man. The parents. The establishment. They just didn't get it. And that's why we didn't do endorsements, didn't do commercials, because we didn't want to be associated with THOSE PEOPLE! It was AGAINST OUR PRINCIPLES!

But now we've got no principles. Just a guiding light. And that light is money.

And what I smell in this O2 show is money. Not the amount raised for charity, but the vast quantity Zeppelin is going to make on the road. The cost for all the Americans who flew over there. Whereas it used to be you didn't even have to leave town to be a fan. Like that guy in Harry Chapin's "Taxi", you could be stoned in your automobile, grooving to the radio, feeling completely connected with the tunes that emanated from it.

But now you can't listen to terrestrial radio. You don't even know where to start musically. Like that old Stealer's Wheel song said, we've got clowns to the left of us and jokers to the right. Here I am, stuck in the middle with you.

And I hope you are stuck here with me. You love the old tunes, but you want music that meaningful again. And it's got to be at least as good as the old stuff. Sure, Sarah McLachlan is tasty, but she's not even in the same LEAGUE as Joni Mitchell. We all love Dave Grohl, but if you mention Foo Fighters and Led Zeppelin in the same sentence, I'm laughing.

What was in the water then? Can those days return, or did we live through the Renaissance, no different from the one that took place in Italy centuries ago. Artists have painted since, but there was only one time when it all came together, when art ruled.

I don't want to watch Michelangelo paint. And if he came back, he'd be hundreds of years old, what he produced would probably be shit. Hell, his legend would inhibit him, he'd probably be UNABLE to paint.

If somehow we could return to the seventies, when each new album was eagerly anticipated and digested, when we were surprised by "Physical Graffiti" and the fact that "Presence" came so soon thereafter, that would be great.

But we can't.

To try to bring back alive that which is already gone... It's impossible. You can try something new, like Plant did with Alison Krauss, but you can't breathe new life into something dead. Led Zeppelin is dead. And one of the reasons it's so revered is that the band didn't carry on after Bonham died, which utterly stunned us. There's no time for carrying on now. Give it a rest. Sell the DVD. Allow those in attendance their badge of honor and their memories. Please don't tarnish the image, the legend. We've whored out rock and roll too much already. It's as if Jesus sold Cadillacs.

What would Jesus do? Well, he's NEVER come back. Maybe that's why people still revere him so!

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Music is now free

2007-11-03T21:14:00.000-07:00

The following report was compiled by Richard Greenfield with Pali Research, an investment direction initiative that puts together these types of things. Take a look. You may need to register to view the file, but it is worth a glance. The price of recorded music is $0, if you don't realize this, you are living in the nineties.

I recently had a conversation with a music publisher in Nashville. When I asked her about the state of the publishing industry and what her company plans to do to stay relevant, she said, "I just hope someone comes out with a new CD-like media that will force people to pay for music again." WOW. I'm sorry, but it looks like you won't survive in this industry very long. The countdown has begun. Take a look:

http://paliresearch.com/files/2007/11/wmg-11-1-07-cc.pdf

Articles of interest from the Telegraph

2007-10-07T08:01:00.000-07:00

[The following is a reply to an email, for links to the articles go to the bottom of the post]

Paul,

Very cool articles, thanks a lot. I must take issue with some of what was said by the writer of the Radiohead article, particularly that recorded music can be subsidized through touring. While this may be the case with bands that write their own music, the larger industry cannot be sustained without recorded music income. Take Nashville for instance, the majority of the large country acts have committed to a system where songwriters, not artists, write the music; and while licensing the songs can provide good income for these writers, mechanical royalties have long been the draw that gets professional writers writing. It seems like a tough pill to swallow. Especially when you think about acts that don't perform live. Bands that put together masterworks in the studio that are absolutely incredible but are impossible performances live. Where will these artists make money? A little food for thought.

I personally like the idea of a company that manages artists, records, owns all copyrights, and shares in touring income. I just feel like this is a job for a management company. A company that works for the artist. A company that is employed by the artist. A partnership that can create a brand that can be monetized, just at a much cheaper level. The one thing to take from the article is the quote by 18-year-old James: "They are unwilling to fork out what is generally considered to be an unreasonably high price for albums. However, they will buy an album if the band means a lot to them." This is the catch, making the band mean a lot to them. This means getting the artist in the trenches with the fan. Making the fan think he/she belongs to a club. Once you build this relationship people will pay, but the relationship comes first. So where do you start? Well, they need to hear your music. They need to know you. They need confidence that what they are about to buy isn't a one hit piece of shit. You must build confidence i.e. Dave Matthews. Only when the music becomes more about talent than profit can the true talent be weeded from the crap. When the fan feels like he can give to the artist. To belong to the club. Talent first. Music first. The money will come, you just have to know when to charge. Read this article on Nettwerk:

ARTICLE

This is the model of the future. Notice there are no labels involved. The future function of the record label is a marketing plan. This can be outsourced. You don't need the label anymore. Money comes from (c) ownership.

Clap Your Hands Say Yeah, released an album earlier this year. They are a strictly do-it-yourself success story. They released their album and saw sales of just under 64,000 units in the first week. By industry standard this wouldn't be a good release. However, they recorded the whole album for $15,000 and due to the ownership of the (c) are making $6-7 PER SALE. They showed a profit in the first week. These are the stories that need to be circulating. There are larger questions that still need answers, but hey, its a start.

Paul, thanks again for the article and the interest. It is refreshing to see people opening their brains and actually using them for SOLUTIONS. In a recording industry department where most people don't know that these opinions are out there, it a fucking breath of fresh air. Thanks again for your involvement with DMCS and your commitment to getting the debate going. You are needed and appreciated. Thanks again, and we will talk soon.

Cheers,

Adam

On Oct 7, 2007, at 12:52 AM, Paul wrote:

I found these articles from the UK's Telegraph newspaper, and thought you might be interested to read them.

http://www.telegraph.co.uk/money/main.jhtml?xml=/money/2007/10/07/cnemi107.xml

http://www.telegraph.co.uk/money/main.jhtml?xml=/money/2007/10/07/ccmusic107.xml

--Paul K.

Broadband and Sherlock Holmes

2007-09-02T09:08:00.001-07:00

Check out this great article on broadband, Japan, and our failing telecom corporations. It highlights some of the growing concerns over the sedated pace with which fiber-optic connectivity is coating the country. While Japan's broadband access allows high-definition streaming and almost countrywide broadband access, U.S. users are limited to low bandwidth, low broadband saturation, and broken promises made by the phone and cable companies. The American people were promised a nationwide fiber-optic network, which has yet to come to fruition. As this remains the case, the US falls further and further behind the speed of, not only burgeoning Asian markets, but also many developing countries worldwide. Though I don't have the exact figures, I know that our country isn't even in the top 50 when it comes to broadband speeds.

So what does this mean for us? Well, as more and more of our investments go overseas, and the growth markets in Asian countries remain prosperous, it is likely that many future innovations in the entertainment and technology industries will be adopted for these markets. As the American growth curve continues to plateau, our country will begin losing out more and more of the inventive energies that are going into these rapidly changing industries.

Our hope is that these corporations, the government, or someone, will open their eyes to this coming reality see it as the global crisis that it may well become and take action to reconcile these gross misappropriations before our country falls behind permanently.

As for reality, I am preparing myself for a reading of Sir Arthur Conan Doyle's Silver Blaze, my first crack at the canon of Sherlock Holmes since my childhood. I am reading this as part of literature course on detective fiction, which to my horror, is almost completely made up of logical reasoning!!! AAAAHHHHHH!!!!! No rest for the weary, hopefully a prosperous Holmes report to come...until then...

The Haze II

2007-09-01T08:26:00.000-07:00

How difficult is sometimes is to discover your own thoughts. I have lately been in a somewhat mellancholy mood and am having trouble realizing the cause. I suspect that my LSAT preparation is overloading my brain with, not only information, but emotion, expectation, and anxiety. I wish I could take this f#@!ing thing today and be done with it, but alas, I still have four weeks to keep my mind sharp--although this is becoming more and more of a struggle.

I also suspect my mood to be the product of a large combination of starting school, DMCS preperation, sleeplessness, a screaming baby, learning the best techniques for coaching 10-year-old swimmers, et. al. This is a trying month but one that will undoubtedly prove one of the most rewarding, however our generation is increasingly focused on instant gratification and in my situation this aspect is almost completely absent.

As for the haze, it has been lifted by one recent activity that was alluded to in my earlier post, I now wear glasses. As you can see from this picture I am now completely enthralled in nerd-dom. For those of you suspecting this for some time, your suspicions have proven themselves as I am now a card-carrying member of the four eyed miltia. I guess I could have just gotten contacts (or is it contacs? I am really not sure) but I guess I feel like distancing myself a little from the dirty hippie image--while trying to stay funky. Who knows? All just part of haze...perhaps things will be a little clearer in my next post...until then...

The Haze

2007-08-29T20:10:00.000-07:00

Today I ventured into somewhat obscure territory in my primary attempt at the MTSU Raider Express. The experience made me feel in someway--subdued. I got on the bus and found my way to a seat somewhat behind the crowd. At moments like these, this is usually my position. I like to have the eye on them as opposed to vice versa. The cool breeze from the air conditioning was crisp and refreshing. As I got my bearings noticed that the bus has about 5 people in it--including the driver--and no one is saying a single word. Our only entertainment was the random crackle of the driver's radio:::other buses with messages for other buses. No one on the bus spoke for the entire fifteen-minute journey.

Now at this point, you may be beginning to wonder why I did nothing to break the awkward silence. But if you are, I have but one answer..it was just the mood.

I waited with much anticipation today for a call from Sanders Eye Clinic. Yesterday I went and finally took the you-know-your-getting-a-little-older plunge and went to get some glasses. I have needed glasses for years but have always dreaded the experience and tried to avoid it. This was the first eye exam I have had in quite some time and I was a bit anxious about the whole thing. However, when it came time to compare my new prescription sight to my old shitty sight, WOW I was FUCKING BLIND, MAN.

My new glasses--that's right I will be wearing glasses (pictures to come)--have made me very optimistic about the next weeks. [Perhaps because they make me look intelligent?](fragment: consider revising) We will definitely be exploring this subject later.

As for what has been going on in the news...there's the South Carolina Dumb Ass...the Alberto Gonzales thing...a couple of iPhone Hacker things....

it is late...

and I am beginning to succumb to...

the haze.

Welcome Back

2007-08-27T20:45:00.000-07:00

Well today marked the first day back in the groove of the fall semester. It almost feels like fall except for the fact that the temperature cannot make it under 100 degrees. Fortunately for me, I am from Mississippi where it is actually hotter!!! I do enjoy walking to class only to wring out my shirt after I get there.

For those of you not familiar with MTSU, we have somewhat of a parking problem. This is one of the reason why I truly detest the first day of school...every single person feels the need to go to class on the first day. I know by the end of the week a quarter of these people will have withdrawn and I won't have to shuffle past them to get the good parking spots, so I won't have to walk as far to class, so I won't be as drenched in sweat, so I won't become irritable, so I can enjoy myself and my studies. Whew. Can you feel the tension?

Speaking of tension. OK so it took me quite a while to find a parking spot today--the first day back no less--which made me somewhat late for my 8:00 class this morning. As I open the door to walk in my teacher--who I have never laid eyes on before--starts chewing me out as an example for the whole class. Wow!! That really made my day. Why would you decide to start off someone’s semester off by lambasting them in front of a large group of people? I am usually not self-conscious but it was not the way I would have liked to start off my fall. What if I had been a transfer student that was experiencing his first class at MTSU, would that be the way to great them? I know, I am whining, and on that note I am done.

Next time I won't be bitching..until then...

We Want the Funk

2007-08-26T19:39:00.000-07:00

Check out Aakyah showing off her singing skills!!

Illegal Substance tax

2007-08-26T08:51:00.000-07:00

There is an article in the Tennessean this morning about a fellow that got busted for bringing in marijuana rice krispie treats to distribute at Bonnaroo. The man has since been charged over $11,000 in taxes for his possession of the drug, an estimate that was obtained by weighing the entire "treat." The actual amount of pot that was used is far less than the total amount and has since given the man an unfair debt to be expected to pay. Unfortunately this is not the first misuse of this law, which requires drug users to pay taxes on their illegal substances.

The law expects drug users to show up anonymously to pay their drug tax to the Tennessee Department of Revenue. Are they serious? Do they honestly think that drug users are going to pay an extra tax to make sure the DOR doesn’t charge them excessively? Come on people!! This law is ill thought out and utterly useless. What are the courts for? Did you know that people charged with possession of controlled substances are charged these high taxes REGARDLESS of whether they are even found guilty by the courts? To put it lightly, this is a realm of the courts not of the DOR.

I would be surprised if this law has contributed to one single person choosing not to do drugs b/c of a high tax. Drugs are illegal...right. Prosecuting users is the job of the courts and should be maintained by the courts. If a judge thinks that a person charged with possession should be required to pay a high fee, they have the authority to require that fee. Bringing the Dept. of Revenue into this only makes it far more difficult for people that have gotten caught. Drug users are people too. I know there is an overlying prejudice against these people, but no one deserves this kind of treatment. This is just a way the Tennessee government can make a little extra mullah. Does it deter drug use? NO.

And another thing.... one of the main motivations for selling drugs in the first place is a financial need. So charging excessive taxes not only doesn't deter drug dealing, but it might even encourage it. If a drug dealer has no other source of income and is faced with a $10,000 fine, will he quit selling drugs? Probably not. He might even feel the need to start pushing more and more weight until he has paid off his fines. Possibly making it a higher possibility he will catch his second or third or fourth drug charge and wind up in prison.

This is just another example of the "man's" backward war on drugs. Drug deterrence can only be accomplished through education and giving people alternatives to drug use, which is much more common in the lower class anyway. So why not add more people to the lower class through criminalization and excessive fines, that is sure to relieve the problem. So now a person is faced with overwhelming financial odds with $20 in his pocket. Wow, that quick fix suddenly got a little more attractive.

Until next time....Cheers

The First One/the Cracker

2007-08-24T22:25:00.000-07:00

I once wrote a song called "First One". I named it that because it was the first song I ever wrote. Although this fact remained, I still feel it is some of the best work I have ever done. Perhaps because I was so new to the "process." The song is about a boy and a girl--simple enough. The girl is the complete opposite of the boy in most respects and feels like a relationship might damage her "purity". It is a somewhat biographical tale of a boy learning how to survive in a different role.

The First One. The fall semester at MTSU starts Monday and I am somewhat anxious to get things underway. LSAT Studies have dominated the last two weeks of my life and I need a little variety. With school of course comes work and friends. I love going to school in the summer---you don't learn anything.

For those of you that don't know my family, and me I call my daughter, "the Cracker". I am really not sure how this developed. A Keller Williams song may have inspired it, but I really believe it came from the vernacular of the house where we used to live. Brookes, Aakyah, and I lived with a good friend of ours, Cindy, a hairdresser with a knack for clutter, chaos, and good music. Anyway, she used to call everyone "Cracker-Ass-Crackers" and the name seemed to fit Aakyah (my three-year-old)...

...The Cracker has got a new favorite song. She has gotten into the new TV commercial featuring Parliament's "Tear the Roof off the Sucker (Give up the Funk)." Brookes and I made a film of getting down George Clinton-style earlier and I hope to have it posted to YouTube before the end of the weekend.

"We gonna tear this mother out!!"