Tag Archives: Technology

You & The SR Copyright

The Copyright in Sound Recording (SR) serves as a Blanket of Sorts for Your Created Work. And by ‘Work’ I mean Your Song, Poem, Speech, Rap, Spoken Word or Audio Book.

If Your Song is Original and You Created The Music, Lyrics, Melody, Arrangement AND Also Recorded these Elements, You are Eligible to File an SR which covers Your Song in Its Entirety, as opposed to having to separately file a Performance Arts (PA) to Cover the Music & Lyrics.

If You have Covered Someone Else’s song and Plan to Release It to the Public in some format, you’d do well to file for an SR copyright of Your Version beforehand. Just make sure you have appropriately secured licensing from the original copyright owner, either through Harry Fox or EZ Song Licensing.

The SR secures ownership of the fixed instrumentation and sounds irregardless of the Original  Author’s contribution to Music and/or Lyrics. I Just completed an SR for My Production of Eric Tyus‘ version of the Sounds of Blackness‘ classic”Everything Is Gonna Be Alright.”

These days it’s important for the EntreMusician to know the subtle nuances of the SR Copyright on their Original Work. This obviously includes Poets, Motivational Speakers, Preachers, Teachers, Rappers, etc., where so much of our public work is subject to being recorded, sampled, set to music, imported into video, remixed and released to Sound Cloud and Other Apps often without our knowledge.

If You were to Give a Speech or Recite Your Poetry on a College Campus or in front of an Audience and the University or Someone were to Record It on their System, Mobile or other device, that person (or the University) would be Entitled to Ownership through the Library of Congress by filing an SR unless Forbidden to do so by Prior Written Agreement. Undoubtedly, the same holds true for EntreMusicians at their Gigs and Concerts – which is why most people utter firm expletives when “NO RECORDING” signs are posted at Shows, but proceed to record anyway…

Both the Grateful Dead and Dave Matthews Band encouraged Mass Audience Recording & Reproduction of their Concerts and found them to be Excellent Promotional Tools which help Spread their Music like dandelions across a deserted field and many other artists followed suit, some opting to release their own “Official Bootlegs” to boost their fan base.

Plenty still choose to Protect the Dignity of their Live Presentations by Forbidding any Unauthorized Recording, Duplication and Sales of their Appearances in any form. But Everyone knows that Technology Stampedes Sacred Rights and bolsters the Mantra of Free Music for All! This has lead to Intense Conversation which suggests that the Ultimate Role of Copyright is Null & Void, since Everything Everywhere is Available to Everyone within a few clicks.

I Would Love to Know Your Opinion, Especially if You are a Content Creator of any Creative Classification. Are You of the Mindset that Your Conceptions should enjoy the Protection Copyright Provides or that from now on All things Should Be Out on Open Source?

Please Leave a Comment, I’d Love to Explore this Conversation Deeper. If You Have Not Already Done So, Download My Free E-Book, 50 Ways to Transform Your Fans into Family.” 

 

I Was Not Listening to Any Music while Composing & Posting This Piece, but all kinds of Random Songs are running through my head..

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Copyright or Wrong?

The First True Threat to Copyright’s Extinction in Our Lifetime was the invention of the Sampler and its Little Cousin, the Portable DAT , which blew open Recording Studio Doors to Unlimited Imagination and Unabashed Thievery. No Previous Song Was Safe From the MPC and against the backdrop of the late, great James Brown‘s roaring protests stood Chuck D‘s amplified mantra, “Yo, You Can’t Copyright No Beat!!”

The Recordable CD on Your Laptop gave birth to the First Napster and File Sharing introduced an new generation of fans to Led Zeppelin while making bands like Radiohead and Dispatch household (pun intended) names.

Music Buyers metamorphosed into Music Lovers who No Longer Purchased Music. Record Companies finally awakened from their Cash Comas (brought on by the CD Boom) and realized they could not NOT Negotiate with Steve Jobs. When the dust settled around the 99 cent download and Napster’s Socks were Sued Off, the entire notion of Copyright Protection for the Content Owner began to slip into the paws of the Content Provider.

Streaming seeks to further erode such protections more subtly as Subscription Models ensure the End User Owns Nothing and Access is Granted or Revoked based on Advantaged Licensing Agreements tilted toward the Providers, Not The Owners.

Less Copyright Protection Equals Far Fewer Royalties for Owners who are now relying on Congress to Change the Game. Many Say Copyright is Dead,or at best on life support with the hyper advance of technology and Creative Commons squelching the Conversation.

EntreMusicians would do well to Resurrect this Sacred Trust by Developing Technology which Secures our Unique Position as sole Owner/Provider, Creating our Own Subscription Channels Direct to our Exclusive Bases, Disconnected from the Snares of Apple, Google, Spotify and YouTube. Established & Marketed Correctly, This Vehicle would Guarantee that Copyright remains Right.

For More Engaging Articles on Copyright Fairness and Other Concerns, Visit TheEntreMusician.com, where you can also Download My Free E-Book, “50 Ways to Transform Your Fans into Family.”

I was listening to Jeff Lorber‘s “Galaxian” on vinyl while composing this blog.

 

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POWERLESS??

SPOTIFY AND APPLE ARE AT EACH OTHER’S THROATS…, Apple in Talks to Acquire Jay Z’s Tidal“…, YOUTUBE’S DOMINANCE TAKES A BEATING“…, & The Music Industry Just Lost a Big Fight with the Government Over Royalties” are just a few recent Headlines glaring in the faces of EntreMusicians. And the New News is Spotify Tops 35m Subscribers which continues to support the David & Goliath mock-up we’ve been fed for decades.

Sure, there are Certain Things that Intimidate Us, Most of Us are NOT Millionaires.

But Are We Powerless?  Or Do We Merely Think We Are? Who Convinced Us of This?

Are we Really in No Position to Change this Music Game and Reroute Our Artistry Directly to Our Individual Friendbase while Bypassing The Current System?

Is the notion of An Independent Streaming Model Available to Each EntreMusician Intelligent Enough to Create Continual Content too Difficult to Imagine?

If a $1.99 / $2.99 Exclusive Access Tier from Our Own Individual Channels were Created & Maintained, a Far Fairer Form of Compensation, and perhaps Appreciation, of our Art would be Enjoyed. Obviously, We’d Bear Sole Responsibility for Building & Nurturing our Tribe, but the Truth is We Do This Now while Reaping No Advantages

These Are the Questions I Continue to Ask, Conversations I Constantly Engage and the Plan I AM Currently Implementing.

In Numbers 13 (OT), Moses sends out 12 Spies to Investigate the land The Lord had appointed for them To Conquer. Forty Days Later, 10 of them returned with a Thoroughly Wimpy & Faithless Answer – even confessing that they felt as small as grasshoppers amidst the citizens there and must have looked the same way to them! 

If You’d keep reading, You’d find that the other two spies, Joshua & Caleb Radically Disagreed with the 10 punks and Courageously Inspired the People to Take The Land!

Now You Can Guess Who The Lord (who is a Staunch Rewarder of Faith) Was Ultimately Pleased With…

So, Are You a Joshua or a Caleb?

Or Are YOU Powerless?

 

While I wasn’t listening to any music while composing this blog, Earlier I was digging on Ahmad Jamal’s “Blue Moon

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You Mean They Drilled Into His Vault??

Obviously I have waited for what I feel is a respectable amount of time to bring this topic up. And I No Way Feel a Disconnect from the Main Topic I have espoused for the last few months, beginning weeks prior to Prince’s Majestically Mysterious Departure.

I have been asking “How You Define Success,” “How Important Are You,” and slowly initiating an Obsessive “Psychology behind the Philosophy” Mantra for EntreMusicians to Rethink our Entire Dependence on Spotify, Pandora, Apple Music and the Upcoming Amazon Streaming System. Irregardless of the fact that the Grammys are now considering a Brand New Category for Streaming Music, If Artists are Not Getting Paid, They’re Getting Pimped! (Tweet That!)

But I Digress…

Reflecting on The Purple One’s Intense Fight for Independence from Warners, His Mysterious Death (You Mean He was Left All Alone, All Night In That Huge Complex After Almost Dying a Week Earlier?), One of the Speediest Cremations of a Body Not Dying by Fire and to Top It All, his Private Music Vault Drilled Open Less Than 10 Days After His Death?!?!!

In Considering He was a Single Man at the time of his passing, Intensely Private and that he Left No Will, One of the Single Most Important Questions EntreMusicians Must Ask themselves is “Who Is My Advocate?” It seems that Tyka and the rest of his half-siblings, along with the Well Intentioned Shelia E, Larry Graham, Morris Day and others who knew His Royal Badness Extremely Well have to Sit on the Sidelines while an Attorney & A Record Company Executive muses through his Intellectual Property.

If  This  Doesn’t  Scare  the  Rhythm  Out  of  You,  You’re  NOT  A  Musician!

Here are a Few Questions You Should Ask & Answer before the End of this Blog:

“Does My Spouse/Significant Other Know Where My Copyright-Publishing Information Is and Can They LEGALLY Speak for Me if I am Physically/Mentally Incapacitated or am Deceased?”

“Where Is My Will and Is that Sucker Updated?”

“Do Select People I Love and Trust Have the Necessary Passwords to my BMI/ASCAP/SESAC and other Pertinent Accounts”

“Have I Explained Very Clearly My Wishes for My Musical Equipment/Software?”

 “Are My Collaborative Agreements with Other Songwriters/Band Members In WRITING and In Order?”

“Are My Trustworthy Attorney & Accountant Up to Speed on My Wishes for any Unreleased Music I Might Have?”

“Have I Backed Up My Hard Drives and Entrusted them to Safe People/Places?”

Hopefully, these are Enough to Encourage You to Become Very Intentional about the Inevitable. Taking Care of Business is Always of Ultimate Importance for the Intelligent EntreMusician.

 

I was listening to Bob James’ “Hands Down” on Vinyl while composing this post.

 

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How Important Are You…?

Face It.

You’re Only As Important as You Think You Are.

You can Either Live By & Under the Expectations & Evaluations of Others – or – You Can CHOOSE to Create & Model Your Own Principles or Ideals.

You Can Either Agree to The “Usual” Pay Scale of the Masses or CHOOSE to Negotiate Your Fee.

It’s Up To You.

Your Self Importance is the Sum Total of Your Own Thoughts, Experiences & Esteem.

Your Self Importance is Directly Tied to Your Own Vision & Goals.

You are Either One Who Sees Him/Herself as Having Very Little to No Worth – or – Someone Who Envisions Endless Possibilities. You Either Settle or You Set Out.

It’s Up To You.

Although Present Options may be Limited, Important People are Always Creating Opportunities to Change that Present Situation and Improve Their Positioning.

EntreMusicians MUST Embrace the Realization that Our Art, Music & Creativity is IMPORTANT. We Must No Longer Accept or Agree to Selling Ourselves Short and/or Out!

It’s Time To Set A Price For Our Shows & Songs that Reflect Fair, Equitable Standards which Put Money in Our Own Pockets or Refuse to Participate on Their Platforms & Stages.

Important People Know How to Say “NO.”

How Important Are You?

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The Plan in Perspective

I have a friend named Joe (real name) who started a New Gym in Youngstown Ohio 18 Months Ago. Geographically, Joe’s Gym is about 2.8 miles away from that Other, Better Established, Open 24/7, Only $10 a Month Gym that Most Everyone Frequents. Joe’s Gym is only open from 5:30am to 9:00pm, has far less equipment & space and his Monthly Memberships begins at 5x more than that other place. Yet Joe has a startling slew of clients and continues to add Specialized Sessions & Trainers to his Growing Roster.

The Secret to Joe’s Success is Joe.His Gym Provides Intentionally Focused Workouts in an Exceptional Environment that Provides Optimum Results to its Members. Joe’s Gym is called The Train Station.

I often think of Joe as I talk to Musicians and Software Developers about this Unfolding Plan I’ve proposed. In case You are Unaware, I began a Post several weeks ago concerning EntreMusicians readdressing the Direct Sales & Digital Distribution of their Art. I continued to Add Thoughts & Emotions and will continue to discuss & work with EntreMusicians to formulate a workable plan. The Conversation is Growing!

In short, I Believe that ALL EntreMusicians must utilize their ability to Stream their Content Directly to Their Own Tribes on a Subscription Basis, without the need of a Billion Dollar Corporation paying them less than a penny per stream. The Technology is Available, but must be Personalized in a format best suited for both Artist & End User. 

Dr. Nelson Harrison, a very forward thinker and founder of The Pittsburgh Jazz Network has proposed an Alternative through Millennium Music Media which I am currently checking into and awaiting a callback from a known Artist Currently on their roster.

Joe’s Success in Starting  & Growing The Train Station is in His Initiative to Customize a Service & System the Larger Gyms simply cannot and markets his personal touch accordingly, without railing against them – and Word of Mouth is growing.

Every EntreMusician Must Go and Do Likewise. The Excuses are Over. Other Options Are Available. The Ultimate Option remains in Controlling & Distributing Our Own Songs on Our Individually Owned Platforms and Doing the Hard Work of Marketing Ourselves Appropriately. That’s The Truth of Being Independent Artists.

I wasn’t playing any music while blogging, but I’ve just finished practicing the drums to the “Dreamland” CD by YellowJackets. William Kennedy, ALWAYS WOW!! 

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THE PLAN UNFOLDS…

If You Were Unable to check out last week‘s post or perhaps even the week prior, you may wish to begin there to understand the need for the New Plan…

The Problem is too well known. Music Lovers have been Conditioned to Believe that Music is (or should be) Free. The CD is Dead. The Download is Dying. Presently, Streaming is King and the Existing Platforms are controlled by Corporations earning Billions of Dollars via $9.99 Subscription Fees with music served up ‘Buffet Style’ or what Dave Kusek long ago termed “Music Like Water.” This practice is now a decade old…

BUT, to quote his Royal Purple Lateness, “The Baker ain’t makin’ No Bread!”  but The Corps are and this particular EntreMusician is long growing weary of hearing moans & groans of heroes past and present protesting, instead of rerouting the flow of their own dough.

The Plan is Simple. Systematically Remove Our Music from Places that Don’t Pay and Replace in Our Own Formats, On Our Own Platforms and Do The Hard Work of Rebuilding & Re-Educating Our Own Tribes to Gather & Party in Our Own Backyards.

Every Musician has a Website, and Every Website hosts a server which allows Us to Upload & Sell Our Media. Most Allow Us to Set Our Own Prices and since we generally pay them a fee, they do not take a Percentage of Our Earnings (Most go directly to a PayPal Account).

With that said, the technology exists for the EntreMusician to begin offering a Personalized Streaming Service. This May Sound Oversimplified. But It’s Definitely Doable.

Three Key Components are Needed to Construct the Foundation.

The First Component is Confidence. Bands, Musicians, Artists, Creatives MUST Know & Understand that Our Work is Important and Fulfills a Major Need in Life which has been earning Multi Billions since the 1970’s – but for whom? Anyone of Us who’ve taken the time to learn all of those Major 9th Chords and spent Countless Hours Practicing Counter Para-Diddles can buy a copy of Quick Books and do a little accounting! We Can Do This!

The Second is Unity. As with Any Call for Solidarity, there will be the Silence of those who Wish to Wait & See, all the while bemoaning the $0.0007 royalty check sent to them by Spotify!

The Final Component is Bloody Knuckled Hard Work. An EntreMusician is a Forward Thinking, Effective Creative with “Results” as our Main Focus! Nothing Less Will Do. Perseverance, Endurance and Sweat. The Fans Won’t Just Flock to Our Website. They Won’t Just plunk down the Micro-Payment to PayPal. BUT, If Our Music is Important Enough to Us and We Develop the Courage, Determination and Marketing Ability to Persuade, WE CAN Engage and Create Our Own Thing and Not Need to Answer to Anyone.

That’s How It Get’s Done!

Let’s Begin the Real Conversation or Quit Crying!

My Old Sony 200 Disc CD Player was spitting out the Funk at Random upstairs, while I was posting this – I was also engrossed in the Free Webinar by Dave Kusek who was interviewing Dave Cool from Bandzoogle – and I presented the question to the chat room which was asked On Air. Thanks Chelsea! 

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BREAK A TAKE!

I am blessed to be posting today from an undisclosed location with the ocean right outside my window. My beautiful wife Lori & I arose extra early to sit out on the beach with our toes in the sand to watch the sunrise. Truthfully, other than a few power weekends, it’s been a looong time since we’ve taken a ‘real’ vacation, so the sabbatical was completely overdue!

Taking this week off has reinvigorated my thinking about the entire concept of EntreMusicianship and the myriad of ways music can flow through us, on the beach, in the pool or from the hotel balcony. In future blogs, I will share more of what I am processing, but today I want to introduce new technology that will keep your creativity stoked!

There’s this Incredible new app from Propellerheads called TAKE.

If, like me, you’ve hummed, whistled, burped, spit or worse into the Voice Memo on your iPhone, to get as close to your song idea before losing it, then you are going to adore this app. The Propheads have tweaked the memo to the exact space EntreMusicians have needed since day one.

And it’s FREE!

There are three unique tracks to overdub, mix and edit with a variety of beats, a click track, tempo and the ability to share your noise online (albeit with one potential drawback*). Like everything else Propellerheads does, TAKE is Super Easy, Intuitive and will more than likely spark a bold revolution in mobile recording.

You already know that my signature production software is REASON, so anything these guys & gals do has my immediate attention. In the few short hours I have played with TAKE, I am overwhelmed with its potential and certain that no idea will ever elude me again, unless my phone is…

*There is only slight one pause I have with TAKE, albeit a personal one. In order to share your ideas online, you must allow others to be able to use and remix or mangle your song. I know this totally works on platforms where this behavior is expected, but for those of us who are looking toward other benefits of our original expressions, this type of sharing may be prohibiitive.

Another option is to output your mixes through the headphone jack into another recorder. I just know the day will come when Propellerheads will allow us REASONers to upload straight into the program which beckons an entirely new era EntreMusicians are ready for!

Enjoy Your Vacation! Mine’s almost over!

I was listening to the rhythm of the sea as I typed this.

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HUNTING GOOD WILL…

While my Heart & Prayers continue to go out to the families of the victims of those who perished in the tragedy in Connecticut and also of the most recent act of senselessness, I have chosen to remain silent on this blog and my other Social Media until now. First and foremost, out of respect and secondly, to not be swayed by or to join in with the emotional responses that have often bordered on the ridiculous. As the news media continues to broadcast moment by moment updates and unapologetically dig into the lives of all concern, we seem to still ignore the smaller, yet similar tragedies just beyond our doorstep. Every single day, it seems people are turning to violence as a means to their own end.

The most basic respect for human decency, common ground, intentional understanding, fairness and community have all but disappeared from our neighborhoods. In cities across the country, churches and other places of worship are within walking distance of each other, yet the Leaders, Pastors, Teachers and Rabbis of those congregations remain aloof and won’t come together for a uniform dialogue to help heal those in their immediate sphere of influence. Politicians and Civic Leaders place greater value on their party affiliations and cronyism instead of truly working in the best interest of their constituency.
Amid the screaming, yelling and finger pointing, here are the questions lost in the shuffle. My answers follow.
Will reducing the Basic Rights of the Second Amendment cull the Culture of Violence now prevalent in our country?
I Don’t Know.
Will stricter Monitoring and Punishment for those suffering with Mental Deficiencies curb the onslaught of Emotional Breakdown in our society?
I Don’t Know. 
Does a complete ban on Assault Weaponry and Abusive Video Games restore the central foundation for the respect of human life?
I Don’t Know. Perhaps… 
I’m no where near an expert. I’m just a 47 year old man with personal goals, dreams and a desire for the pursuit of happiness for my family and I during our brief stay on this planet. My personal theology and belief system leads me to believe that the Intentionality of our Hearts carry the real answers to this incredible dilemma.
I Believe to truly  honor, value and approach our neighbors with dignity must be our main goal. It doesn’t matter how different others views are – even when we may disagree. Taking the  extra moment to seek an understanding. I believe that Loving My Neighbor Unconditionally – As I Love Myself, is not Only Biblical, but extremely practical in maintaining a world that negates the aforementioned questions and puts to rest the debates of the pundits who have no answers at all.
How do you restore Good Will toward All Men? You Seek it out. You Hunt for It. You Turn Off Your TV and go next door, or across the street and around the corner. You don’t force, but you extend…the smile, the handshake, the conversation. And You Build the platform for understanding and conversations that show the other person you are genuinely concerned.
This may seem on the surface a simplistic response to an incredibly horrific situation, but below the surface, in every instance of this magnitude, it was a matter of the heart. There was a problem of misunderstanding and an issue of love
mis-defined. Perhaps One by One we can begin to rectify this situation.
Merry Christmas and Good Will To You and Yours!
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Collaborative Efforts!

In 1986, Patti LaBelle & Michael McDonald broke ideological and technical ground with the release of their duet “On My Own.” Both the recording and the video reflected the song’s lyrical depth by having the singers drop their separate parts in two different studios, to be mixed before the final master. Today, this process is a very old and well worn hat. Musicians frequently fly parts online, irrespective of the software.

For Entrepreneurial Musicians, taking this concept further can expand collaborative opportunities far beyond sharing tracks. Partnerships and Distribution associations can develop very easily. Publishing Interests and Online Stations can be managed from across the World just like the big boys and girls do it – for the sake of unifying Independent Music.
Skype, FaceTime, Dropbox, Fuse Meeting, The Cloud & PayPal have increased the speed of business. EMs are making deals which broaden his/her musical and business base, while strengthening a network of key artists who would otherwise langush alone.
Touring Bands have utilzed this principle to swap gigs from city to city. Some have pushed further by keeping other acts informed about shady promoters and suspect venues. The Artists support each other by recommending the best places to play, stay and eat. The fallout has created a dynamic community which champions the growth of our industry.
Competition, while looking good in theory never works in favor of the EM. You should absolutely go out on stage and Kick Butt – Big Time – But In Between those times, you want to work WITH your fellow artists, not against them.
Try this: the Very Next Time you have information or resources beneficial to musicians at large, share it openly. Have three or four other bands you keep in contact with frequently and share the love. Watch what happens. Before you know it, you’ve increased your knowledege base and your potential to move into markets you may have never known existed.
Form a relationship with a good music business attorney and afterward check ot that Swedish Singer who wants to co-publish a tune and collaborate online, take her up on it!
Tell Us: What steps have you taken to Collaborate with Other Artists?
Who Are They? Turn Us on to Their and Your material!
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