Discussion of all things related to Public Domain

[tom poe <tompoe AT amihost.com>]

Hi, Sally:  Difficult to snip the nonrelevant parts of your message, as
it is all so interesting.

One way to drive policy development is, as you say, to work with
Washington.  Another way is to go to the streets.  If independent
artists can collectively state what their business strategy is, the
public can see it, and respond.  When the public responds, the lawmakers
listen.  This is easily accomplished once a workable strategy is
identified.  One fellow did a nice job, back in 2000, but the battle cry
wasn't taken up.  I'll forward what he said in a separate email.

Interestingly, he points out that the Digital Age wipes out the old
business models, and in their place is something extraordinary, i.e.,
marketing with the Internet pretty much wipes out the need for record
labels and the RIAA/ASCAP/BMI folks who perform services that require
huge investment dollars.

We have an infrastructure already in place that serves independent
artists, and eliminates the need for major record labels, the RIAA and
the rest of them.  In their place are tools and support services around
the world, along with the advantages of Fan Clubs on the Internet.  The
only thing needed, is to convince governors of each state that it is in
their best interest to support this infrastructure.  So, we talk
dollars, jobs, and revenues in state coffers.  Interested?
Tom

On Tue, 2004-02-17 at 21:46, New Orleans Blues Project wrote:
> I agree...Don comes from on high to a certain extent - not exactly a
> street-level perspective....though I do agree with him that Washington must 
> be
> part of the picture.... that coalitions need to be formed, that will go to
> Washington,  to advocate for independant artists and small entrepreneurial
> music  interests,  to inform the policies of the "lawmakers"...as policy
> development is the first line of investment.  
> If this doesn't happen then policies will be developed that will 
> overwhelmingly
> benefit and provide the conglomerates with the power and the money to crush 
> the
> independants....the ole crony capitalism routine ..... and independant 
> artists
> will still, no matter how talented, no matter how astute their maketing 
> caps,
> be unable to garner the necessary investment to obtain the marketing support
> services to accomplish the effective marketing of their products and
> services....and enhancement of revenue and income....otherwise ( to apply an
> old south M.O. to the New South in analogy) blues, roots and contemporary
> independant musicians will just continue to be sharecroppers to the big 
> music,
> entertainment and tourism interests....still owing the plantation owner 
> after
> the harvest comes in....
>   Effective advocacy and involvement in local, state and federal policies 
> will
> allow for the investment to grow independant music enterprises, both 
> performing
> and non-performing....
> here in Louisiana (& Mississippi) there's a lot going on in terms of 
> economic
> development of the music biz, given the extremely large talent base within 
> the
> region. Music and entertainment industry clusters have been established at 
> the
> local level in New Orleans and also the state level.....however, the major
> player in the industry clusters is big money tourism interests and big money
> media interests (Cox Communications folks, such as Mayor Nagin and his
> administration, that is made up almost entirely of former Cox 
> employees)....and
> the average struggling independant musician is excluded..the theory among 
> the
> powers-that-be being that the musicians are just too ignorant on such 
> matters
> as economic policy development....it's time to show 'em otherwise...
> for more on such notions, check out the Center For Arts & Culture @
> www.culturalpolicy.org. and the Future of Music Coalition, both in DC.
> 
> Sally
> Blues Project 
> 
> --- tom poe <tompoe AT amihost.com> wrote:
> > I'll try not to offend anyone, but there's something wrong with the
> > logic Don offers.
> > 
> > He sincerely believes the fight for independent artists lies within the
> > legislature and the court system.  Why?  He doesn't give a reason, just
> > circles around with the old cow in the pasture, therefore all cows . .
> > .  well, you know.
> > 
> > The Grateful Dead, what might have happened, had they also had the
> > Internet?  They gave away their music, encouraged the sharing of their
> > music, and made huge revenues off concerts, tours, merchandising.  Has
> > anyone explored the possibilities for recording merchandise these days? 
> > Absolutely mind-boggling, the possibilities.
> > 
> > How much does an artist expect to make off music on the Internet?  Do
> > they really expect to make vast fortunes?  Does anyone believe a single
> > artist can make even a decent living off charging for every listener
> > every time that listener wants to hear the music?  The major record
> > labels do, but they also agree that viewers of tv shows are obligated to
> > watch the commercials.  Literally, or the viewers are violating the Big
> > Media's contract.  How on earth can any independent artist think that
> > mind-set is going to hold for the music business, let alone Big Media?
> > 
> > Put songs for sharing on the Internet.  Offer CD's for sale.  Start Fan
> > Clubs, and empower them to monitor for abuse of your performance rights,
> > and do your thing.  Use Internet stations, web sites like SONG STORM,
> > gnomoradio, archive.org, commoncontent.org.  Why wait for Don to futz
> > around with corrupt legislators and corrupt, inept judges.  Get up and
> > move, put on those marketing caps, get help with ideas by discussing
> > this topic, and provide Don some ammunition when he does go into
> > Washington.
> > 
> > Peter, Paul & Mary, well-known, right?  Placed the "Wedding Song" in the
> > Public Domain.  Recently, they report over $2 million in donations. 
> > Phish, or whatever their name is, reports over $1 million in CD sales,
> > even though they're a regionally reputed band.
> > 
> > Independent artists that recognize the value of good quality music, the
> > performing arts, and the love of fans, will be successful, and they
> > don't need to wait for someone to show them the way.  Just do it!
> > Tom
> > 
> > 
> > On Tue, 2004-02-17 at 19:23, tom poe wrote:
> > > -----Forwarded Message-----
> > > 
> > > > From: New Orleans Blues Project <bluesprjct AT yahoo.com>
> > > > To: BLUES-L AT LISTS.NETSPACE.ORG
> > > > Subject: Killing the Music - Washington Post Op Ed by Don Henley
> > > > Date: 17 Feb 2004 18:14:10 -0800
> > > > 
> > > > Killing the Music
> > > > 
> > > > By Don Henley
> > > > Tuesday, February 17, 2004; Page A19
> > > > 
> > > > When I started in the music business, music was important and vital to
> > our
> > > > culture. Artists connected with their fans. Record labels signed
> > cutting-edge
> > > > artists, and FM radio offered an incredible variety of music. Music
> > touched
> > > > fans in a unique and personal way. Our culture was enriched and the 
> > > > music
> > > > business was healthy and strong.
> > > > 
> > > > That's all changed.
> > > > 
> > > > Today the music business is in crisis. Sales have decreased between 20
> > and 30
> > > > percent over the past three years. Record labels are suing children 
> > > > for
> > using
> > > > unauthorized peer-to-peer (P2P) file-sharing systems. Only a few 
> > > > artists
> > ever
> > > > hear their music on the radio, yet radio networks are battling 
> > > > Congress
> > over
> > > > ownership restrictions. Independent music stores are closing at an
> > > > unprecedented pace. And the artists seem to be at odds with just about
> > everyone
> > > > -- even the fans.
> > > > 
> > > > Contrary to conventional wisdom, the root problem is not the artists, 
> > > > the
> > fans
> > > > or even new Internet technology. The problem is the music industry
> > itself. It's
> > > > systemic. The industry, which was once composed of hundreds of big and
> > small
> > > > record labels, is now controlled by just a handful of unregulated,
> > > > multinational corporations determined to continue their mad rush 
> > > > toward
> > further
> > > > consolidation and merger. Sony and BMG announced their agreement to 
> > > > merge
> > in
> > > > November, and EMI and Time Warner may not be far behind. The industry 
> > > > may
> > soon
> > > > be dominated by only three multinational corporations.
> > > > 
> > > > The executives who run these corporations believe that music is 
> > > > solely a
> > > > commodity. Unlike their predecessors, they fail to recognize that 
> > > > music
> > is as
> > > > much a vital art form and social barometer as it is a way to make a
> > profit. At
> > > > one time artists actually developed meaningful, even if strained,
> > relationships
> > > > with their record labels. This was possible because labels were
> > relatively
> > > > small and accessible, and they had an incentive to join with the 
> > > > artists
> > in
> > > > marketing their music. Today such a relationship is practically
> > impossible for
> > > > most artists.
> > > > 
> > > > Labels no longer take risks by signing unique and important new 
> > > > artists,
> > nor do
> > > > they become partners with artists in the creation and promotion of the
> > music.
> > > > After the music is created, the artist's connection with it is 
> > > > minimized
> > and in
> > > > some instances is nonexistent. In their world, music is generic. A 
> > > > major
> > record
> > > > label president confirmed this recently when he referred to artists as
> > "content
> > > > providers." Would a major label sign Johnny Cash today? I doubt it.
> > > > 
> > > > Radio stations used to be local and diverse. Deejays programmed their 
> > > > own
> > shows
> > > > and developed close relationships with artists. Today radio stations 
> > > > are
> > > > centrally programmed by their corporate owners, and airplay is
> > essentially
> > > > bought rather than earned. The floodgates have opened for 
> > > > corporations to
> > buy
> > > > an almost unlimited number of radio stations, as well as concert 
> > > > venues
> > and
> > > > agencies. The delicate balance between artists and radio networks has
> > been
> > > > dramatically altered; networks can now, and often do, exert 
> > > > unprecedented
> > > > pressure on artists. Whatever connection the artists had with their 
> > > > music
> > on
> > > > the airwaves is almost totally gone.
> > > > 
> > > > Music stores used to be magical places offering wide variety. Today 
> > > > the
> > three
> > > > largest music retailers are Best Buy, Wal-Mart and Target. In those
> > stores
> > > > shelf space is limited, making it harder for new artists to emerge. 
> > > > Even
> > > > established artists are troubled by stores using music as a loss 
> > > > leader.
> > > > Smaller, more personalized record stores are closing all over the 
> > > > country
> > --
> > > > some because of rampant P2P piracy but many others because of 
> > > > competition
> > from
> > > > department stores that traditionally have no connection whatsoever 
> > > > with
> > > > artists.
> > > > 
> > > > Piracy is perhaps the most emotionally gut-wrenching problem facing
> > artists.
> > > > Artists like the idea of a new and better business model for the
> > industry, but
> > > > they cannot accept a business model that uses their music without
> > authority or
> > > > compensation. Suing kids is not what artists want, but many of them 
> > > > feel
> > > > betrayed by fans who claim to love artists but still want their music
> > free.
> > > > 
> > > > The music industry must also take a large amount of blame for this
> > piracy. Not
> > > > only did the industry not address the issue sooner, it provided the 
> > > > P2P
> > users
> > > > with a convenient scapegoat. Many kids rationalize their P2P habit by
> > pointing
> > > > out that only record labels are hurt -- that the labels don't pay the
> > artists
> > > > anyway. This is clearly wrong, because artists are at the bottom of 
> > > > the
> > food
> > > > chain. They are the ones hit hardest when sales take a nosedive and 
> > > > when
> > the
> > > > labels cut back on promotion, on signing new artists and on keeping
> > artists
> > > > with potential. Artists are clearly affected, yet because many 
> > > > perceive
> > the
> > > > music business as being dominated by rich multinational corporations, 
> > > > the
> > pain
> > > > felt by the artist has no public face.
> > > > 
> > > > Artists are finally realizing their predicament is no different from 
> > > > that
> > of
> > > > any other group with common economic and political interests. They 
> > > > can no
> > > > longer just hope for change; they must fight for it. Washington is 
> > > > where
> > > > artists must go to plead their case and find answers.
> > > > 
> > > > So whether they are fighting against media and radio consolidation,
> > fighting
> > > > for fair recording contracts and corporate responsibility, or 
> > > > demanding
> > that
> > > > labels treat artists as partners and not as employees, the core 
> > > > message
> > is the
> > > > same: The artist must be allowed to join with the labels and must be
> > treated in
> > > > a fair and respectful manner. If the labels are not willing to
> > voluntarily
> > > > implement these changes, then the artists have no choice but to seek
> > > > legislative and judicial solutions. Simply put, artists must regain
> > control, as
> > > > much as possible, over their music.
> > 
> === message truncated ===
> 
> 
> =====
> Sally Stevens, Director
> NEW ORLEANS BLUES PROJECT ~ (504) 895-0739
> Music * Culture * Economic Development * Education * Advocacy
> The BLUES HIGHWAY Millennium Trail
> "Community Development Through Music"  
> an integrated music & creative industries workforce development initiative
> www.BluesProject.com
> 
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