Grammys

Like everyone else in the world, I didn't give American Idol winner Kelly Clarkson, who talked like she actually did just fall off a turnip truck, much cred. Although her rendition of Respect on that show was pretty amazing, few people realize what a hard song that is to sing, she made Britney Spears sound sophisticated and of course we all expected the heavy promotion. What I didn't expect was the quality of her songs this year and she deserved to upset Mariah. Her music was better, her vocals were better. I'm glad to see Grammy voters noticed.

Those two, not to mention the ever nominated Gwen Stefani, (let's not even talk about dance queen Madonna, I guess living in London hasn't had much effect) need to take a cue from the men and bands and start thinking about a little thing called social awareness and relevance. Notice Paul singing about Chaos, Stones - Bigger Bang, U2 - Vertigo.... there's trouble brewing around the world. Maybe you might want to comment on that. At least Green Day took Record of the Year, or was that last year? I'm starting to wonder if 2005 ever actually happened.

After several years of good Grammy shows, this one was just one deadly disappointment after the next. I know there wasn't much good music this year, but there was certainly enough to make a three hour show entertaining. I mean, they could have at least put some visuals up there. I know business is bad and the seven figure execs might be down to six, but if you don't put something up there, even the hicks in the boonies are gonna figure out that you can't put out any good music. You don't want that, do you?

Like a sucker, I got my hopes up for the Sly tribute, but the recluse's cameo was so nominal it was almost insulting. The Linkin Park mash-up following it was much better. I got my hopes up again for Christina Aguilera's rendition of Leon Russell's gem Song for You, but her diva dish-up destroyed the simple emotion of the song Leon wrote for his mom. Speaking of parents, I was surprised that How To Dismantle An Atom Bomb was about Bono's dad. We think about music and what first comes to mind is sex, love & politics, its traditional subjects. But songs that address our parental legacy have always been around and are becoming more and more prevalent and obvious. I think that's a great trend because, until you come to terms with your emotional heritage, you're nowhere.

Yes, I could moan about how sad it was to see Kanye go from the incendiary, illuminating performance he gave last year to the pathetic demonstration of his shortage of message and talent that he proved this year. But, instead I'll end on the two minutes of thought-provoking entertainment I was able to glean from this 3+ hour waste of time; a line from Springsteen's Devils & Dust, "What if the things you do to survive, kills the things you love?"

Well, most of the show killed what I love... music. But, like Gloria Gaynor, I will survive, and so will music. It can only go uphill from here. So, hey, NARAS, I suggest you draw some air in on your dying gasp here because in a few years the Soundclick, MySpace, CD Baby, and Magnatune award shows are gonna start kicking your ass and you'll wish you had more than Carey, West & Legend to offer up.

Wilson Pickett

Wow, what a month for soul. First Lou Rawls, now Wilson Pickett. Thanks for some great tunes. Mustang Sally and In The Midnight Hour are two of my favorite songs to sing. Wilson wrote the former with Aretha Franklin for a member of her band. Aretha was giving out Cadillacs, but this guy wanted a Mustang. He also wrote Land of 1000 Dances, another great song. Like so many of his peers, he put some half a century into music, performing up until a year ago. Thanks Wilson, you'll be missed.

You'll Never Find

As long as you live
Someone who loves you tender like I do
You'll never find, no matter where you search
Someone who cares about you the way I do

Whoa, I'm not braggin' on myself, baby
But I'm the one who loves you
And there's no one else, no-oh-oh-oh-oh-oh-oh-oh one else

You'll never find, it'll take the end of all time
Someone to understand you like I do
You'll never find the rhythm, the rhyme
All the magic we shared, just us two

Whoa, I'm not tryin' to make you stay, baby
But I know some how, some day, some way
You are (you're gonna miss my lovin')
You're gonna miss my lovin' (you're gonna miss my lovin')
You're gonna miss my lovin' (you're gonna miss my lovin')
You're gonna miss, you're gonna miss my lo-o-ove

Whoa, oh, oh, oh, oh (you're gonna miss my lovin')
Late in the midnight hour, baby (you're gonna miss my lovin')
When it's cold outside (you're gonna miss my lovin')
You're gonna miss, you're gonna miss my lo-o-ove

You'll never find another love like mine
Someone who needs you like I do
You'll never see what you've found in me
You'll keep searching and searching your whole life through
Whoa, I don't wish you no bad luck, baby
But there's no ifs and buts or maybes

You're gonna, You're gonna miss (miss my lovin')
You're gonna miss my lovin' (you're gonna miss my lovin')
I know you're gonna my lovin' (you're gonna miss my lovin')
You're gonna miss, you're gonna miss my lo-o-ove

Whoa, oh, oh, oh, oh (you're gonna miss my lovin')
Late in the midnight hour, baby (you're gonna miss my lovin')
When it gets real cold outside (you're gonna miss my lovin')
I know, I know that you are gonna miss my lo-o-ove

Let me tell you that you're gonna miss my lovin'
Yes you will, baby (you're gonna miss my lovin')
When I'm long gon
I know, I know, I know that you are gonna miss

We will miss your voice, Lou, but your legacy will continue on.
An Evening of Stars, started by Lou Rawls, has raised over $250M for the United Negro College Fund and will be broadcast on KRON this Friday evening.

I love the lyrics in this song. It conveys the way I feel about someone in my own life. It reminds me of a film I reviewed on this blog, After Sunset, where two people meet up ten years later and realize that a special connection they had was a lot more rare and valuable then they originally thought. But, what if one of them did realize at the time how special it was and had to watch the other one dither around for ten years waiting for them to figure it out?

Well, you'd say something like Lou does here. Hey, get a clue. You think you're gonna find this again, cause you lucked out and don't appreciate that you really won the lottery. It's like winning the Oscar at a young age or something, you haven't really worked long, it just sort of comes your way. It's only later, when it goes away, you realize what you had. Like that Joni Mitchell song Big Yellow Taxi, "Don't it always seem to go, you don't know what you've got till it's gone".

Well, now Lou is gone, and we will definitely miss him. And, if you didn't appreciate him while he was here... there's always an upcoming biopic.

Whiskey Hill Blues Band

It warms my heart to see young hotties, Palo Altans, no less, embrace blues over metal. Duf's son Eric is the drummer... could it be some secret enclave of Young Republicans? We'll soon see. I'll be singing with these talented musicians at the Blue Bonnet Sports Bar in Sunnyvale December 23 & 30. Check out their website , as the curser moves around their heads, they play their instruments!

2005 In Music

Last year, around this time, I was writing extensively about the music of 2004. Although I wrote briefly about how awful the AMAs were this year, and was going to complain about the Billboards, which were even worse, frankly it's not even worth my time. This has been an unbelievably bad year for mainstream music.

After watching the labels finally offering fresh faces and sounds in the four years following the original Napster, this is a real disappointment. The link above is to the Grammy nominees where it looks like we're back in the 90's with 8 nods to Mariah. Other than her and the new black hope, Kanye West, and the vapid John Legend, they don't even have anyone to tout.

Rob Thomas and Eric Clapton came out with some good stuff this year. But really, who gives a flying shit? What have you brought to the party this year? Last year we had Green Day and Maroon Five, Franz Ferdinand & others breaking out with great rock music... much of it with real message and importance. This year, they are actually reaching back and nominating stuff that came out last year... it's ridiculous!

Kanye, Golddigger? Don't you know that sexism is even worse coming from black guys, who are supposed to know better about oppression? Why don't you just call it hodigger? Is no one loving you for yourself, you conceited shmuck? Your spiritual rap was so innovative, who the hell is in your ear now?

Gwen Stefani is on pretty much the same level except she's not putting anyone down, she just doesn't want her fly girls to hollaback to Kanye-like users of the world. As to the resurrection of Mimi, what the fuck did she resurrect? Her DOA career after Tommy Mottolla dropped her like the kiss of death, paying off her contract? Her meaningless amalgam of notes only dogs can hear?

It's all crap. The only bright spots this year were The Killers, Aqualung and maybe Natasha Beddingfield, and some of them didn't even get nominated. Am I mad? Hell yeah, can't you tell? Music was finally turning around. What's happening here? OK, here's what I think is happening. We saw the tail end of good mainstream music as the labels desperately searched for new sounds and well-developed bands ready for exploitation when they realized the landscape had changed and they would have to offer up something good.

That is becoming harder now. What has probably happened over the past four years is that the bands who would normally rise into those spots are probably seeking alternate (internet) distribution, wisely avoiding the labels. There will probably be a few years of adjustment when people find the channels which will lead them to the good stuff. The next Maroon 5 is probably winding its way up MySpace, CD Baby etc. and in the future those entities will have their own awards to point out the best of.

John Lennon

From the ridiculous to the sublime... one blast from the past last night leads to another this morning. Jann Wenner is releasing the unexpurgated text of his 1970 interview with John Lennon in advance of the 25th anniversary of his death. No death has ever come close to affecting me the way John Lennon's did. I remember the night he died more clearly than I remember yesterday.

I had not been a huge fan of John's. At the time I evaluated music on the basis of its sound, not by the stature of the performers. The Beatles were pretty pop sounding, Elvis sounded a bit simple and shmaltzy, Dylan whined etc. Now, the individuality and importance of these men in developing and shaping the sound of modern music, is more of a focus because I'm writing, not spinning records for a progressive radio station.

So, when my mom came in and told me she'd heard that "someone has been shot and they think it's John Lennon", I was unmoved. We'd just lost Keith Moon and the usual assortment of rock ODs, I was used to losing artists and I was in denial. The idea that John could be shot and there would be confusion over his identity was impossible. A few minutes later, I saw the TV screen that came on for special bulletins, we pause for a news flash.... I turned it off, thinking the radio might be safer.... it wasn't, and I'll never forget what came next.

It was Let It Be... and I knew. I basically just lost it, I ran into my parents' room in hysterics. Sometime later, I called my best friend Sue in NM and we just sat on the phone in silence for god only knows how long. There were no words. For probably ten years after his death, I cried every time I thought about John, which was often. He had come to New York, my hometown, for anonymity and safety. He fought hard for his green card. Nixon considered him a huge threat and did everything he could to keep him out of the country. Now Reagan was in office and John was gone, permanently. Conspiracy posters blanketed the city. Traveling in Europe the following summer, I learned not to reveal my identity as a New Yorker, the city that killed Lennon.

Why did I go from being a lukewarm fan at best to reacting with every fiber of being when he died? To understand that, you have to look at the life and death of John Lennon and the timing of his death. He'd had a pretty miserable childhood as the misunderstood genius who is the only person to appreciate who he is, and can't for the life of him, understand why the shmucks around him don't look to him and see the perspective and awareness he has.

He's abandoned by both mother and father. When he finally, at 16, is just about to reconnect with his mother Julia (of the song), she is run down by a truck. He attracts the top talent, forms the Beatles, and their sound is immediately appreciated. He does find the perfect partner in Paul, who tones down his edge to a place where it can be accepted. The American public at that time was a hotbed of repression and every bit of it was exorcised through its teenage girls who made every single Beatle performance into a full on scream fest.

This was echoed by Tom Wolfe in Electric Kool-Aid Acid Test who described the scene at their last concert as a frenzy of screaming such that there was no way to hear music. So, here is a serious band going to show after show after show and they see their own fans as, basically, complete assholes. With all the fame and money, they are trapped in a vacuum of backwards babies... still misunderstood. At the same time, despite the great music, there are jealousies and John and Paul (who came from a loving home) never really see eye to eye.

Finally, John does meet someone, an artist in her own right, that really does understand him. Slowly, slowly, she helps him exorcise his many demons. And I mean many demons. John admitted to hitting Cynthia, he made fun of the wheelchair bound fans who thought he could cure them... he was pretty messed up. But he changed his life and became the first househusband. Setting an example for men that would foster much social change, he finally finds happiness in the eyes of Sean. But, in the first five years of Sean's life, he doesn't touch the guitar.

One day Sean asks about the Beatles. John writes Woman, about his love for Yoko. He writes Beautiful Boy for his son. He records the songs for Double Fantasy. After 40 years, the most amazing artist of our time is ready to live his life. He is finally free and happy and creative. And then, in the blink of an eye, his life is over. His message is finished. We'll have no more of his music and perspective and comment. We'll have nothing but the tragic irony of his sad life to look to in figuring out what lesson we should take.

So, what should we learn from the life of John Lennon? The same one I try to exhibit in all my writing... live your life while you have it. I was listening to Barbara Sher the other day and she says she does not understand people who, at 40, say their life is half over. For the first twenty years you have to ask your mother to borrow the car, the second twenty, you're basically just working your brains out. At forty, you are just beginning to live. Your life isn't half over, your life is just starting.

The saddest ones, to me, aren't the ones who think it's half over at forty, it's the ones who think it's all over at forty. Just break out the granny sweater and wait for death.... But, really, if you've lived your life fully and deeply, the best stuff happens after forty. John was cut down right as he was, at long last, ready to reap the hard fought fruits of happiness. And this is why I cry, even today, in thinking about how much he gave us and how little time he got to appreciate his life here on earth.

All I can say is, if there's a rock and roll heaven, and there is.... you know they've got a hell of a band.

Night Of The Living Dead

Ever feel like you were the hapless victim, ensnared in some dysfunctional family drama? The formerly Grateful Dead, which served as a surrogate, loving family for so many for so long, is now a cesspool of competing, greedy people fighting over a very lucrative….yes, brand.

The Deadheads are the most loyal group of fans, they know Jerry, or feel they do, they will be heard…. and, they were. Fan recorded concerts are now back in the Archive to be freely traded again. According to an outraged and saddened John Perry Barlow, it was the drummers. Mickey can’t even fucking keep time. His poor bass players just stand by helplessly as he slows down.

Jerry died intestate and married. The woman he was married to for the last few years of his life went after his guitars, his kids…. It was a nightmare. Now Phil can’t even go near Bob… The whole thing makes me want to cry. What was he too artistic and drugged out to foresee what would happen when he died?

It shows you how tenuous and shallow all that love became as the original dreams turned into a merchandising megalith. As long as Jerry was alive people adhered. As soon as he was gone, everyone scavenged for assets. Manasha, who loved him well, and their daughter ,Keelin, were left with little. Deborah, who lived with him last, owns almost everything the band couldn’t nail down. Mountain Girl and their girls also got relatively little.

Wow, the CBS morning show just carried this story, congrats, guys. Too bad you reported only that the band asked for the fan concerts to be taken down and the outraged fans threatened a boycott. The point here is, in the end, the boys got it together. The thankless morons relented, but, what a slap in the face.

Do you really think your formerly devoted fans are just going to forget this, as you guys bicker now about putting your stuff on iTunes.? Maybe we could understand you putting the soundboard recordings up for sale there, but why take down the fan recordings?! Too much competition for you? Hey, if your records don’t offer anything more than your fans, well, maybe you shouldn’t have set up separate recoding sections and took all that ticket money.

The band needs to consider the fact, and apparently did, that the brand was built up on the ideas of freedom from label tyranny. You were the one fucking alternative, the last hold out. This is what we loved about you guys. We built you. We made you millions upon millions, for increasing minions, and if you want that loyalty and ethos to continue don’t become the embodiment of the antithesis of the message you built up on…. OK?

This is one of the largest music libraries in the world. Certainly the largest devoted to a single band. For God’s sake, how many thousands of concerts did they play, how many recordings were made? Maybe I should look up that Capitol Theater Show I mentioned earlier, where I met Manasha. That would stir up some great memories. Turns out she did remember our meeting and even invited me to Keelin’s birthday party. Don’t even ask how we reconnected.

Let’s just say, when it comes to the Dead and their fans, all things are possible because we, the fans are what your fucking organization is all about and when bands and record companies and distributors and nine-figure executives finally get that…. we’ll finally see the dreams of music and community and personal creativity, that you stood for and truly believed in at one time, (I hope!) come true.

AMAs

If you taped this Disney debacle instead of sitting through three painful hours, I'll point you to the twenty minutes worth watching. Rob Thomas, yes, made me cry. He's the most emotive, expressive singer around today and his songs are filled with such love for his wife. You just hear it so clearly. In If You're Gone, he tells her, yeah, I'm a rock star, groupies galore, but, don't worry baby, I'm all yours.... and you really feel he means it. Last night he told his wife, who is suffering from an autoimmune disease, I'll be there for you, no matter what. If that doesn't affect you, go find your heart.

Next, Santana & Los Lonely Boys.. talk about simpatico. I rarely hear licks as distinctive Carlos'. It's relatively easy to identify a voice, but to have that kind of signature come through a musical instrument as directly as he does... it's unusual. Since it was left to the legends last night... Annie Lennox just amazes me with her range. Dave Stewart was there too and they did a killer Sweet Dreams.

The Stones are always worth watching, a live feed of their Salt Lake City show came at the end. Poor Mick looked pretty stressed trying to rock those Mormons. Biggest assault of the evening, and there were many... Disney sticking its teen queen Lindsay Lohan right after Rob Thomas... thank god for all the reverb... did I hear her apologize at the end?? I felt I deserved a personal apology from Dick Clark and Iger after that yawnfest.

Sour Cream

Cream’s last live gig was in the Royal Albert Hall in 1968 and their reunion there in May was a huge let-down. Cream was supposed to be just that, la crème de la crème, the best guitarist, bassist and drummer in blues-soaked Britain, rich in vocals. Clapton had just come off John Mayall’s Bluesbreakers and was reaching his peak.

I saw him in concert last summer and he was in great form. He played blues, better Cream stuff than I heard on this, Yardbirds, solo stuff, you name it. He’s as happy as he’s ever been in his life and he played that way, clear as a bell. He’s sober now, happily married, just put out one of the cheeriest albums I’ve ever heard off the guy.

He was simply not into this Cream Reunion stuff. I mean, it’s still Clapton, it’s not like he could play bad or anything… he just was not really grooving with the old buds, nor they with each other. They were tense, awkward and you could hear, as well as see it.

Anyone expecting to see Cream better get in their time machine, these are not young bucks excited about music, they’re gentry thinking about their prostates and how they’re going to use the money from the few gigs. Jack & Ginger should be facing Clapton’s estate five times a day cause that legend sure as hell doesn’t need them. He’s the only triple inductee to the Rock and Roll Hall of Fame, deservedly so.

You can rent the DVD to hear Stormy Monday, Born Under a Bad Sign & Sleepy Time Time & well, just to watch God play the guitar, it’s an awesome sight. But then crank up Disraeli Gears if you really want to hear Cream.

And, if you get your DVDs through the mail, make sure you waste your time on both or somehow figure out which disk has all the great classic Cream songs. I got stuck with the practically worthless disk and although I love the blues classics I mentioned above, I wanted to hear the classic Cream songs, but not enough to bother requesting the other disk.

Menasha

You know, you live your life and all you can hope for is that you learn something new every day. Today definitely qualifies. Today I learned that the woman who introduced me to the Dead, almost thirty years ago, went on to have Jerry's love child. Oh yes, life is freaky. Here's the story.

Many years ago, after discovering the Dead, I noticed a little blurb on the back of Live/Dead about joining the Grateful Dead Fan Club. So, I sent off some letter and many months later received a letter offering me the chance to see the Dead at some tiny club, like 300 people or something. Needless to say, I jumped at the chance and was soon seeing the Dead at their best.

I really should look this up in my journal somehow, if I could remember exactly when/where this all was, cause, it would be a hoot. Anyway, best I can remember, this woman in "Menonite" sort of Amish garb, introduced herself, we made friends, and she somehow mysteriously led me to the Dead. By some miracle that can only be described as a spiritual divining rod, or scary fanaticism, we arrived at their suite.

Bill Kreutzman answered and Menasha seemed to sort of know him, something about making love to Jerry the previous night. Anyway, we hung out with the band that night, got high, I mean you can only imagine what a blast it was to party all night with the Dead, particularly after just seeing them play, practically in my face. All of them were there, except Jerry. Unfortunately, to the bane of my existence, Jerry was sick that night, so sick in fact that the show the next night, at Meadowlands, had to be cancelled after the crowd had been let in. What a let down, I've never seen such downed Deadheads.

Anyway, back at the suite, Bill asked us to stay over but I felt more comfortable sleeping in my car. Menasha stayed over and told me the next morning that Bill came out during the night and scared her off. So, end of story.... until tonight, when I went out with a guy who's worked for Bill Graham Presents for 22 years. We were talking about Jerry and how bad it got with the drugs and how all the hippie do your own thing types around him stayed silent, and he goes..." the one period of Jerry's life when he was clean was when he was with this woman Menasha".

What did I learn? This was more than some crazed fan I ran across that night, as we blazed through the darkness, talking about our mutual fascination with Jerry Garcia. This woman has his child, and has made a huge impact on his life. She started out as someone who was simply absorbed with him, but had the capacity to ultimately understand him and get through to a man who no one else got through to. None of his bandmates, not Caroline, his kids.... no one but Menasha got him happy enough to give up the drugs he was so helplessly addicted to. How does a guy, who is loved, adored, by millions get to crack cocaine? How is it, with all that love, no one loved him enough to elevate him beyond the drugs.... except Menasha.

It really makes you ask a lot of questions about what is love, what is music, what is drugs... what is it we really want and need? Is it the devotion of someone who loves us truly and completely for who we really are? I'm glad Jerry was smart enough to let Menasha in his life. Did I meet the eventual true love of Jerry's life that night? I believe I did.

Looks like Mountain Girl's gonna be Jerry's Yoko though. She's collaborating with the production company that just optioned two books on his life to produce a biopic. Menasha, my guess is that you were far more focused on Jerry than having your story told. But I would love to hear your story and have another late night car ride with you.

Thanks for what you did for Jerry. There are probably lots more people who got to hear his music because of you. I got to meet the Dead because of you. Maybe you were the one person who understood what it's like to carry a burden like he carried. He was an artist, a free spirit, but he had direct responsibility for the livelihoods of hundreds and felt a great need to address the millions of people who wanted to see him perform.

Wayne Rosso: Make A Buck Off Internet Music Or Die Trying

OK, before reading the story below in shock and disbelief about my mellow tenor and primer tone, keep in mind that this was written for Slashfilm, a film site I write for. The site is somewhat mainstream and its principal has been courting the studios, everyone does. So. apparently they (the overpaid bigwigs raping our culture) have been eyeballing the site, which has done quite well in the few months it's been running. Today I went to log the story (below) on, and the site was so full of pop-ups, it wouldn't function. The writers have been complaining. Anyway, here's your preview, along with your own title:
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Grokster, yesterday, reached a settlement with RIAA, MPAA & other entities representing Big Entertainment (we had Big Tobacco, then Big Pharma…. ) who had sued it in 2002 for offering software which allowed people to exchange files. Since most of the files “traded” (downloaded) were owned by five big record labels who had secured most of the money making value of those songs through far reaching Copyright laws that they pay $35M/year to have made, they were pretty miffed and continue to seek recompense where they can find it.

Unfortunately, for them, most of the value of their booty has seeped back into the hands of the people it belongs to, the kids of the people who made those songs hits and paid up the ying yang for them. Since the labels have no way to recoup from all these kids, except of course, the twelve-year-old Harlem girl, and the many grannies they’ve sued, they go for where the money is.

Well, they’re reporting the Grokster settlement is $50M. Hmmm, now Grokster isn’t a public company but if they have $50M in the bank, I’ll eat my iPod. No, no, that’s the value of Wayne’s (Shawn’s) new software. Wayne Rosso, former President of Grokster sold out to the labels a long time ago. His new company is Mashboxx, which should launch later this year.

He and Shawn Fanning have been in bed with any label they could find and were making great headway at Sony/BMG until Clive Davis decapitated their buddy Andy Lack. Andy actually was trying to bring music to the internet and wanted to use Shawn’s Snocap software, which promises to turn P2Ps legit through filtering software. To make sense of all this, we need to go back to the original Napster.

Shawn Fanning, staying up night after night, wrote a program that changed the world. It allowed anyone who downloaded it to find files that had been uploaded onto the internet. It slowly started to catch on, and when it was sued by the labels, written up in Newsweek and then Hank Barry got Hummer to put up $11M, things went nuts and it became the fastest growing application to ever hit the internet.

The labels took the position, hey, it took a lot of work ripping your cultural heritage off of the artists who created it, It’s worth about $12B/year dribbling it back to you, and we want our money. No one is innocent and idealistic enough to invest in these P2Ps now, so they continue to go after Hummer, which is insured. As to the others, they just want them down, take whatever assets are there, which, in most cases there are assets, including the 10 million eyeballs on these sites every year.

So, that’s the five minute skinny on what’s happening with the Grokster settlement and P2P music. What does this have to do with film? Plenty. Remember, Sony is Big Five in both music and film. Next time you go to the theater, or video store, think about this. You could be watching that film in your very own home theater, if you wanted to, whenever you wanted to see it. The technology is there, believe me. Big Entertainment does not want that to happen, at least not yet. While the gun lobby pays $2M/year for access to Congress, Big Entertainment pays $35M. That’s a lot of money, money that they get from you and me when we buy music and film. They pay that money for control over content and distribution, and for Copyright terms of over 75 years!

If this is how you want your money spent, fine. We’ve seen a huge democratization in music and film is following close behind. We’ll continue to see the internet play a bigger and bigger role in the film industry. My concern is that Big Entertainment will continue to slow the growth of the internet as an entertainment delivery system, which it is ideally suited to be, because of their paranoia about control, and their insistence in wringing every possible dollar out of their capital.

Clive Davis: Music Visionary or Label Wonk?

I was just watching a DVD of the 25th Anniversary Celebration of Arista. Unfortunately, it's just the concert, no dirt, not even a fucking interview, what a gyp. Other than Berry Gordy, Clive is one of the very few to achieve fame for heading a record label. Dubbed "the man with the golden ear", he seems (repeat, seems) beloved by the scores of artists he discovered. The list of them reads like a who's who of music: Janis, the Dead, Springsteen, Santana, Whitney Huston, Alicia Keys etc. etc. Alicia says that when the she first met him, as a teen, he was the first industry person to ask her what HER vision was for her music.

Most recently, he endowed a program at NYU to promote record production as an art, which, it can be. So, as label wonks go, I guess he at least has some real sense of what's good and tries to send the right message to his artists. But, this guy is the enemy right? He exemplifies the excessive lifestyle of someone who has built an empire off the backs of genius artists who would have surely found success anyway, and would have been able to profit from it fairly if not for company men like Clive, who is a lawyer for god's sake. I'd sooner forgive Madonna because at least she is an artist. She made a statement, she deserves to rape and pillage young artists.

Clive, I don't know. Yes, he gets it. He did realize music was changing. I guess he was the only label exec at Monterey Pop in '67 and built a career up off of that. He does have a good sense for what people like. Maybe all the stoned hippies cheering, clued him in. Maybe had a little Kool-Aid himself... him & Bill Graham... soul brothers. Is that a legitimate basis for building a fortune? Not any more. He's a dinosaur. We'll never see more like him. As a matter of fact, that's pretty much why the label he founded dumped him, shortly after the big wingding. In the end, he showed them how hard it is to run a successful label. It's something only the old style shysters can do, you know. Them, the internet embracers and the big hip hoppers with cred... the real ganstas. He started his own label and beat them at their own game. So, they came sniveling back to restore him to his former, and I guess now everpresent, glory.

As a matter of fact, Clive is now at the center of a red-hot power struggle over the giant joined powerhouse Sony BMG Music. The two companies live a precarious harmony as equal members of both former companies make up their board. Howard Stringer, subject of previous posts surprisingly replaced Mariah svengali, Tommy Mottolla with Andy Lack, his longtime friend, as head of the division. But now, at Clive's prodding, BMG has turned on Andy. He's out. How did Clive do it? Oh, you're gonna love this. Yes, Shawn Fawning and Wayne Rosso, urchins of the music industry. Their tarnish lives on. There were lots of problems with Andy, who had no experience running a label, something you need a lifetime, like Clive, to learn. But, his relationship with these guys was probably easy for Clive to exploit.

And by the way Clive, don't you know it's tacky to talk about how Janis wanted to fuck you and you refused? We can see what a stud you are, it's a bit late to prove your manhood now. If you had taken a pass out of class then you wouldn't be flapping your gums now. Looks like you were just chicken and now regret it. And, speaking of bad decisions, I don't care how many bucks you made off it, I will never forgive you for inflicting Mandy on the public. Can you even begin to appreciate how many Barry Manilow songs I've had to listen to, thanks to you? When you're counting your money, just think of the countless millions who had to be unnecessarily euthanized. You also fucked massively with the Dead, which is largely what fueled my thirty year hate/hate relationship with the labels. You got quite a legacy there.

Forgiving The Material Girl

When George Harrison sang about Living in the Material World, he had no idea that his spiritual longings would soon morph into a lithe, utterly Martha-like, business-brain dancer who would turn music on its head. At first you think punk/pop rebellious flash in the pan, but then she just had hit after hit, kept reinventing herself, became an artist. She wouldn't quit. Only Elvis & the Beatles have had more hits.

I can't hate Madonna. She's done so much for women. I can forgive her for putting fuck-you songs on the P2Ps and yes, I'm now going to forgive her for the pink Nano, just like I forgave hypocritical Bono for his. Hope she make lots of Nanomillions and does more with them than dressing her kids in $1K togs and showing up at Live8.

JG Seed or Greed?

8/11/05 Update:
Dave brings up an interesting point, one I had actually planned to include. I compare Jerry to Bono, who postures himself as this global savior yet cracks down on indie artists and vendors... hard. My recollection of the Dead is that of a huge cottage industry grown up around them... symbiosis. I can't think of a product in the world that hasn't had Garcia's face on it at some point. I don't know about the Bear guy and Jerry's estate, but, as I've said before in this blog, Jerry was an artist who cultivated grass roots enterprises and understood the value of that. He's almost the antithesis of an MJ or Bono to me, but, hey, if I'm wrong, clue me in.

Oh, and to the Jerry Bear thing itself, sure it's tasteless, but, hey, some unenlightened nuts said that about Duchamp's urinal too. Art, and beauty, are in the mind of the beholder and, as I've said before, I have no problem with building off icons to make art. It's valid comment.... or bad art... you choose.

Jerry Garcia

8/11/05 Update:
Dave brings up an interesting point, one I had actually planned to include. I compare Jerry to Bono, who postures himself as this global savior yet cracks down on indie artists and vendors... hard. My recollection of the Dead is that of a huge cottage industry grown up around them... symbiosis. I can't think of a product in the world that hasn't had Garcia's face on it at some point. I don't know about the Bear guy and Jerry's estate, but, as I've said before in this blog, Jerry was an artist who cultivated grass roots enterprises and understood the value of that. He's almost the antithesis of an MJ or Bono to me, but, hey, if I'm wrong, clue me in.

So, he died ten years ago today. Given the impact this man has had on my life... got to post. When he died I was eight months pregnant with my daughter. I had planned to listen to the service on the radio. Four years earlier, I had danced, with great emotion, to the music played at Bill Graham's memorial, while very pregnant with my son. Now here I was again, pregnant and mourning. As the service began, I realized this wasn't Bill, this was Jerry... and I had to be there.

We drove up... I was sure I'd be able to hear the music on the radio... but no, I couldn't find the service carried on any station in the car... bay area and all. When we got there, the service was all over. It looked like a Dead show, but there was no Dead... the Dead were dead... no music, no Jerry, just a huge stage and a huge picture of him.

I approached the stage, so challenging while he was alive... easy now... not much competition to see the sea of flowers. So I missed you in the end baby, and I missed you the night I hung out with your band, but I was there for the music. How many nights did I stand three feet in front of you and watch you play that guitar?

I was there in the little clubs. I was there in the rockies with you. I respect you so much... what you did for music. You showed us how to make a band, how to build an audience, how to connect with an audience, how to build community based in love, how to expand your consciousness, how to think big, how to be curious, how to lead a simple, creative life, how to keep in touch with your inner child, how to spread a message, how to live, how to learn.

I miss you so much. There is no replacement. The reality I felt at those shows... it's just gone, isn't it? It's there in my heart, I'll never forget. But, I mean, things didn't work out like we planned huh? Age of Aquarius, dawn of a new age where we would leave the rat race behind for the simple life, the good life, the conscious life, the loving life, the free life... it never really took off did it? Why not? Greed? How long is it gonna take? Look at us now, worse than ever. It's still just an empty dream.

You played on, like the band on the Titanic. But, both went down. And when our free ride ends, when we use up our resources and burn out our planet, we'll look around at all that luxury at the bottom of the sea and what will our grandkids say? What will we say to them?

What I try to give my kids is wisdom, insight, the benefit of my life experience. The same kind of stuff Jerry gave me.

If I had the world to give, I’d give it to you
Long as you live, would you let it fall, or hold it all in your arms?

If I had a song to sing, I’d sing it to you
As long as you live, lullaby or maybe a plain serenade
Wouldn’t you laugh, dance, and cry or be afraid at the change you made

I may not have the world to give to you
But maybe I have a tune or two
Only if you let me be your world
Could I ever give this world to you

But I will give what love I have to give,
I will give what love I have to give,
I will give what love I have to give, long as I live.

If I had a star to give, I’d give it to you
Long as you live, would you have the time
To watch it shine, watch it shine
Or ask for the moon and heaven too? I’d give it to you.

Well maybe I’ve got no star to spare, or anything fine or even rare,
Only if you let me be your world, could I ever give this world to you.
Could I ever give this world to you.

Live Ate

7/8/05 Update: Pink Floyd sales go up 1300% on the strength of their performance, give all the profits to charity and urge others to do the same... which Elton and others have done.
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Thank God they let Putin into the G7... it would have been tough getting the seven around the guitar and making it look like a $. As I'm sure my readers have discerned, I can be rather cynical and even have a button with "Hardened Cynical Bastard" encircling an Anarchy A. But, I am a fucking puddle when it comes to these charitable megaconcerts. During the post 9-11 concert at the Garden, I went through half a box of tissues.

I even enjoyed watching Madonna. Come to think of it, I always enjoy watching Madonna, and all the other big artists and when they all accumulate in one big show... I like it even better. Sure, watching these huge artists, especially Madonna, hype themselves as humanitarians is a bit much. But, it's the job of artists to raise awareness and that's basically what they're trying to do.

Of course I cried during Pink Floyd. I mean when Roger and Dave started smiling at each other, after all their bad blood and talkin bout Sid... after all these years... not to mention listening to them play these incredible songs together again after so long. Amazing!! I'm so glad they got Dave's hands as he finessed the notes out of Money, he's underrated as a guitarist, but, it takes a lot to sustain the notes. I gotta tell ya, I'm glued to the fuckin TV, even with the tape rolling. One terrific performance after the next. What's not to love?

I like the fact that they gave free concerts to raise awareness rather than doing outright fundraisers, as they did last time. The fundraising board I serve on took this approach to the big Palo Alto May Fete Parade, which traditionally ended with a fundraiser. We decided to use the after-event as PR , a free community day, and made just as much money... or at least a lot of money. You never know if you could have made more, but I love the gesture of giving freely. It means a lot.

Then again, you shouldn't complain if people want to make a buck in the open market, as Geldorf did after some of the lucky winners of tickets to the British show offered them up for sale on E-bay. Geldorf grumbled till the site took them down... as they always do anytime anybody big grumbles.

Goodbye Luther and Obie (Benson, one of the Four Tops).... you made great contributions to music... these guys were some awesome vocalists! So, both a happy and sad day for music. Maybe more sad than happy when you realize that the twenty years since Live Aid have not done more to eradicate poverty.

As far as I'm concerned, no one in the developed world should spend their time with unhappiness. We have so much. Wake up every day in squalor and wonder if you can get through the day, who of your family or friends will die today. That's a problem, one that most humans who've lived on earth have had. What we have here are not problems, they're fake problems, created by a system that thrives on greed. Buy into that and you've wasted an incredible gift. Count your blessings and love your life, cause, you lucked out.

I talk to so many people who seem to live in these little boxes of fear, so afraid of what they might lose. They never bother to think that they are already such a huge winner, all they really need to do is just enjoy their winnings.

Live Five

Maroon 5 on 5/5/05... what could be better than that?!
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Cinco de Mayo or no, the hottest spot in San Jose on the fifth was the Pavillion, where the crimson quintet rocked the house. Apparently, last time they were here they played to six people, so to see 24k arms tirelessly waving for them throughout their live version of This Love, in another key, must've been quite gratifying for them. Adam worked the crowd and will be the next Rob Thomas. Where Rob wanders from rock into Latin and pop, the Maroon guys can get pretty spacey... if only they could hook up with a real guitarist.

I realized halfway through he show what is missing from current music and why almost every good guitarist I know, and most cover bands, play the classic masters... Petty, Clapton, Garcia, Hendrix... it's a little thing called the guitar solo. I don't know whether I'm proud or mortified to say this, but, the guitarist in my band is a much better player than anyone in Maroon 5, or most modern bands, period. It's almost like it's a lost art. the younger players usually can't compare to the older ones.

We live in the age of ADD, computers, cell phones, TV & multitasking. No one but Jewel, out there in Alaska, has the time to really focus. Clapton used to sit in that room with his guitar for days on end. I like current music but the singers get very few breaks and, as far as I'm concerned, a song without a guitar solo is like the missionary position... it may do the trick once in a while but....

Anyway, not to diminish the red ones, they deserve their success. As their website (above) is quick to point out, these guys earned their success the right way... by touring their asses off. And let me just add, as someone in recent proximity to Adam Levine's butt, it is quite nice. Their smash hit, Songs About Jane was actually released in 2002 and has risen steadily on the strength of their performing and the quality of the song-writing and vocals. Adam is a huge talent with an incredible work ethic... I really look forward to following his career.

I picked the encore, Beauty Queen, their current hit, but This Love is destined to become a classic with that hard beat and there are several other possible hits still to come out of Jane... my middle name.

Eagles

Ok, ok... I give. I'm ten minutes into this Eagles concert and, even though I'm still plenty mad at Don Henley for being so close minded about P2P and continue to stand by my comment that he took us from music with a message to music that mesmerizes, jeez, their music just sounds so good. What a body of work. You really have to give it to these guys, they've created an incredible sound and their Greatest Hits album, in many ways, deserves to be the best selling album of all time... innocuous yet not totally vapid.

No, their music doesn't bring me to higher levels of consciousness like the Dead, or get me moving like good old fashioned rock and roll, it mostly just makes me want to have sex, but hey, nothing wrong with that. I mean, we just had Norah Jones do well with this mellow yet textured jelly. It's kind of relationshippy-college stuff. It doesn't have the soul of even blue eyed blues, or even Joss Stone, for that matter.

It's not the sound of a real man longing for a woman, no Percy Sledge here. It's the sensitive college boy; Jackson Browne, Dan Fogelberg longing for his girl. Guitarists around the campfire/dormroom fodder. Today we've got guys like John Mayer, Howie Day & Gavin McGraw in this role, and groups like Keane and Los Lonely Boys have their imprimatur.

Fogarty's Fantasy or Fantasy's Fogarty?

CBS Sunday Morning did a small piece on John Fogarty this morning. Their stories usually have a light, happy ending bent, including this one. After creating 10 Gold Records and 6 Platinum Albums for Fantasy Records in the late 60's/early 70's, and making millions and millions of dollars.... for that label, he left. He left with nothing. After contributing one of the greatest liberal legacies to music the world has ever seen, what Bruce Springsteen described as Hank Williams level contribution of socially conscious, simply crafted songs which go right into our cultural legacy... the man was left with nothing but bitterness and defeat and contributed nothing to music for 18 years.

But, Fogarty is a musical genius, and can't just lay dormant forever, despite being, in his own words, "in jail". So, in 1985 he released Centerfold, which was a hit. Fantasy sued him for infringing their copyright, ostensibly for sounding too much like himself. They owned him. He did not own himself... can you imagine what that feels like to an artist? The CBS story goes on to say, yes, yes, his wife, his kids, he's playing music, he's happy... and that was all they wrote.

Well, CBS, there's a lot more to the story. Instead of shining your light on this little family happy ending, why don't you talk about what's really happening here. Fogarty's story is the story of what happens to 99% of our artists, the only difference is that Fogarty has such an incredible magnitude of genius, he overcame what the others couldn't. CBS also does not mention that Fogarty not only won the lawsuit but got attorney's fees, the first to do so. Thus, he did much to chill some of these frivolous lawsuits. It shows you the gaul of these labels, with reluctant courts only willing to step in when things get this egregious.

I literally cried at this story just thinking about shutting down an artist like that for 18 years. It is an absolute crime against humanity and those in their little Fantasy world will have a lot of karma to deal with. To think that those rapists will own that CCR catalogue, virtually forever, makes me sick to my stomach, ripping off an 18 year old boy who turned out to be one of our greatest songwriter/poets. They want to take credit for him? They murdered him.

The Musician's Perspective

standard contract clauses
I think it's important to consider the issues of copyright and music over the internet not only in terms of the public and the conglomerates who supply/control/brainwash it, but in terms of those in the middle of all this. When Mommy and Daddy can't get along, it's always the kids who suffer. In this case the "kids" are the artists who everyone says they love and want to protect and nurture.

The labels are suing, screaming and lobbying to protect the artists, that is their position. The consumers say, no, you don't love them, you screw them over, WE love them. We're the ones who cough up the dough, go to the concerts, buy their records & T-shirts, listen to them.... we're the ones who really care. Well now let's take a look at how those kids are really doing and how they really feel, because we need these artists to remind us what life and love and music and freedom are all about... before we forget.

Moreover, there are many players and interests in this game and even within the ranks of musicians, and other groups, there is vast difference of opinion. We have the legislatures, Federal & states, particularly CA & NY which have been active in this area. Recording contracts and RIAA's practices have increasingly come under their scrutiny as musicians have organized. The courts have been burdened with sorting out this mess, giving rise to a huge economy of lawyers who have interests of their own. We have tech companies, many of whom, from Intel to Snocap have been individually and collectively interested in this as IP is a huge area of risk and growth for companies, particularly as start-ups, which brings in the $18B VC interests, a primary growth engine of the US.

We have the artists, in every medium, who have to live in fear and poverty, without career trajectories, being raped from every angle, with no public support, which brings us to the public, the 6B folks in every corner of the world who've been exposed to American entertainment. A quick look at the various parties who've filed amicus briefs in Grokster give you an idea of the many competing interests (3/1/05 post).

What I'd like to focus on here is the perspective of the musicians, who are, in many ways, at the center of all this. My basic take is that the musicians are divided, as they are in any Capitalistic system, on the basis of whether they perceive themselves as owners; primarily, as owners of copyrights. On the one hand we have musicians like Don Henley and Sheryl Crow, both of whom own the rights to many compositions. They formed RAC, not a link on the right, because I only choose links that represent what I guess I'll now refer to as the workers... musicians out there looking for a career in music but who have no valuable copyrights.

RAC has an impressive list of supporters, most of the major names in popular music. Now, in many ways, these are the good guys. They are successfully educating and advocating for start-up level acts vis a vis the labels. The link on this post exposes the seedy truth of what happens to those "getting their big break", the opportunity to sign with a major label. RAC is advocating for changes and has been able to get some progress, but they still accept the current model of distribution unquestioningly, completely discounting the internet as a potential avenue of growth. They call the idea of selling music over the internet a fantasy and they are as rabid about downloading as the labels.

On the other end of the spectrum we have the increasingly long list of sites where unsigned artists DO sell music over the internet, and give it away. In the middle are a number of groups such as the Future of Music Coalition which represents musicians at a variety of levels and shows the breadth of opinion and choice. One thing is clear to me. Artists who ignore the internet do so at their peril. It is an incredible medium for promoting and purchasing music.

Copyright owners see the internet as a leaky boat, with their property interests spreading uncontrollably into the world. It's like the overprotective parent who needs to retain dominion and control long after the child grows up. Henly has contributed some great songs and wants to keep reaping their benefits as long as possible, so do the many RAC supporters. They take the desirability of their product as a given, they are not interested in promotion. But, 99.9% of all musicians DO depend on promotion, just like any company.

I think the path for most bands is to build audience through performing and internet exposure with the goal of grooming themselves toward a label. There are a number of groups geared to helping acts make that transition, such as Taxi. Once they sign, the label will look at what's been built and advance accordingly, and at that point, it's usually the end of building an audience. By the time the record comes out, the group has probably already lost it's focus and now is trying to produce a commercial sound, which may or may not be the sound and feel that nurtured the love of their fans. They also soon realize that there is virtually no hope of ever seeing any more money from the label, and they become just another one of the 99.9% who stop right there.

Of course the labels go on to say, "see why we deserve that VC dough... we take all the risk, it's one in a million that sells". True VCs with that hit rate would go down right away. But, that's because VC's lose their shirts on the losers. Not the labels, they make money off everyone because the acts make the risky investment themselves - it's all deducted against their side of the profits, not the label's. The labels advance what they know they can make from the band's carefully analyzed fan base, so they know they'll clear their outlay. The windfalls are just free gravy on top of that.

Labels exploit market factors, the huge amount of people who would love to make a living in the arts, and, who have talent, and, their exclusive monopoly on the means of distribution.

RS Top 50 Moneymakers

IPac beat me to the punch about the RS list with a nice post about the label's "Woe is me" campaign. It seems like often the response from, I don't know what we're calling ourselves these days...communists, commonists, reasonable human beings who like music, whatever... is this sort of denial mode, oh, you're not really losing money. Maybe that's for legal reasons...damages? What damages? If we ever get to that one, I should go back to practicing law for sure, cause it'll take plenty of lawyers to make sense of those books.

My response is a bit different. I don't give a flying fuck if they're losing money. I think they are. I hope they are. They don't deserve to have much money unless they deliver something the public wants or needs. I'm sick of subsidizing people who watered down our culture with, yes, as IPac reminded me....boy bands. Anyway, (watch this smooth segue) at least we don't see any on RS's top 50 earners of '04.

They say they've done lots of in-depth interviews to get all these numbers. So, even though their sources can't identify a good song to save their lives, I'll give them the benefit of the doubt cause, it's exactly what I would expect. I can't remember how much depth I've gone into before about how to make money playing music, probably 100 times, but it usually goes something like this..."play for your fans, they will come, they will pay, they will buy T-shirts, they will love you, they will support you, they will show you the money"

Evanescence was the only band in the top 50 to earn more from recording than touring. Now, I'll grant you that most top earners are established acts that did build up audience largely through the label system. Now they're more powerful than RIAA & Clear Channel (again, recently subpoenaed by Spitzer!) combined because they are the name that brings people in the door, spending $100. - $500/person for the evening, there's parking, ticket fees, food, souvenirs... it's all overpriced and it adds up. I'm much happier to pay roadies, back-up singers, ticket-takers etc. than some slick sell-out label shill, whose new job is seeding music blogs with praise from supposedly legit fans.

Top artists are commanding $1. per album and pennies per recorded song sold. Prince gets $2. Most get far, far less. In fact, some 98% never see a cent past their advance and end up owing the label money for lots of high priced, useless service that bands can and should be performing for themselves or contracting out at reasonable prices. Even Madonna couldn't make back her advance from the last album. Recorded music should continue to be marketed as it always has been, to some extent, promotion for bands who you will then pay to see live.

When it comes to dollars, the American public is smarter than it looks. Aside from Green having its Day at the Grammy's, green is having it's way with our RIAAdicoulous friends. While CD sales continue to shrink, more and more folks download their music, most freely, but are increasingly looking for ways to pay something reasonable to the artist. See all the links to the right; Magnatune, Dmusic etc., which let listeners pay artists fairly directly for the download.

But, as film buffs are going increasingly from theaters to the better experience of DVD flexibility and bonus features, the big money and trend in music is in performance, and for similar reasons, people are looking for a better and different entertainment experience. Madonna (#2) took the philosophy, put on a great show, charge for it, it worked. $300. is more than B'way, but, she put on a great show & she's Madonna. She lost money on her recorded music and deserved to after her little fuck-you's to her P2P fans. I don't care how much she dances or what she did for female artists, you don't give your fans the finger, like fucking Metallica, who came in right behind her. The reason, as RS points out, is that Metallica renegotiated its contract with Elecktra in the mid-90's and now commands a highly unusual $3./CD.

We're willing to buy music on DVD's, sales of which now outpace box office receipts by some 40%, and music DVD sales doubled last year. The new DualDisc's are popping up all over (CD on one side, DVD on the other). This is the first sensible response from the recording industry, trying to provide some sort of value to its customers, instead of marketing through intimidation. They're one of the few bright spots the labels have now so expect to see more concert footage, hopefully with good commentary. With most now coming in Surround Sound, those with nice home theaters can hear five speakers, making it sound just like the concert. Or, as they put it, now it sounds like the guy shouting Freebird is behind you, not on stage.

In Silicon Valley, where money is made largely through innovation, we sometimes forget how the big economic engines move. It's based on the repetitive, day to day activities of life. What's the biggest company today? Exxon. We have to drive every day. The other big engines have to do with soap, food, clothes, entertainment, drugs. What big business looks for is to get the consumer on their IV drip. We have to eat, wash, drive every day. That's why they love food, soap & gas. Now cars they could make to last forever, drugs, they could be looking for cures, but, they're not, they want you on a drug you have to take every day.

This is the explanation for the Napster-to-Go model they keep trying. From Pressplay, Rhapsody on the industry wants us on this ever-dependant model of pay every month, get used to it, if you want music. Blockbuster has me where they want me, a direct monthly feed through my Visa. Now that they can't sell CDs, they want us to forget this concept of owning music. I thought this debate between Barry Ritholtz and Cody Willard was very interesting. At a certain point, Cody, was left with only one argument that he had to keep reiterating, the music isn't yours, it's stealing, it's wrong. It kind of reminded me of trying to argue with my kids when they were toddlers, "honey, just because you're holding the toy doesn't mean it's yours". It's like the first bank robber on the scene complaining that the next one is taking some of their loot.

Remember how Marx talked about the lynchpin of Capitalism being ownership of the means of production? In the record biz, that's the distribution networks which they built up through the mob, and the recording studios. Well, the internet and ProTools changed all that. Turns out their product was capable of being digitized. Their basic position is, we have it, it's ours, if you want it, you deal with us.

I saw this same attitude when I was involved in fundraising for Palo Alto schools. The Board of Education, responding to whining about unfairness, told the district's schools they could not use PTA funds for staff. A central fundraising organization was formed, I helped, or tried to, it wasn't easy. There were some on there who took the position that since we now held the monopoly on staff, all we had to do was simply ask for money. It was actually put out there like, "If they want staff, they pay us".

In their arrogance, they sometimes forget that even with monopolies, there are always other options. Some people will go to private schools, or give their kids private lessons, or just buy lots of playground equipment... or download music or buy DVD's or go to concerts, or use open source etc. etc. Organizations, public or private, with that attitude forget what Steve Forbes reminds us is the first rule of business; the customer comes first, and, monopoly or no, they'll pay a price for that.

The recording industry came into being as a result of a technological breakthrough (funny, they always forget that part) and will leave the same way... most industries do. I saw some of Network again yesterday, it's astounding how accurately it predicts reality television and discusses larger issues having to do with the media and societal trends. The climax of the film is when the President of the big conglomerate seats the seemingly discerning dupe at the end of the runway/Board table and exhumes Oz-like pronouncements about how the world doesn't care about nations, the lingua franca is green, that is the ebb and flow (or, as I would put it yin/yang) and Beal has "meddled with the inexorable forces of nature".

Well, technology is the Tsunami. You can try to hold it back, but, not for long, the only constant is change, Einstein proved that. The money may measure the change, but it is not the engine. The engine is the inexorable nature of humans, created in God's image, to strive and change and make things better.

OK, I'm rambling, and I usually try to keep these pretty tight, so, let me tie it all up here. When it comes to earning money in music, it's all about the playing. And, if you want to make money off music in an ancillary way, do it by legitimately helping people find music they will like, or by perfecting a medium by which to enjoy it, not by stripping and ripping artists and then trying to profit off the multiples as you search for commodities and rely on government granted help to do it.

If music be the food of love, play on.
Twelfth Night 1:1

Billboard Hot 100

Billboard will now count downloads in its Hot 100 Chart. This chart is the gold standard. It's an important chart, which is why I mention it. When you talk about a Top 40 hit, that's the first 40 spots on this list. I've researched these lists going back to '55, the beginning of the rock era, in order to make sure my music library was complete. Historically, I think it gives the best view of popular music. But, not anymore.

Frankly, I think they would have been better off staying an obvious dinosaur. But to count paid downloads and ignore the fileshares which outnumber them by a factor of a billion.... come on.

This is a singles chart. It used to be based on sales of singles, which was pretty straightforward. In the 80's, sales started to contract as boomers became more corporate, music followed suit and sales then sunk even more. This is when the execs realized they could sell the single for 10X the price if they put it in an album with a bunch of shitty songs. They stopped selling singles as we transitioned to CD's.

At that point, Billboard had to more fully enter the messy world of radio airplay to try and figure out exactly what singles the public wanted to listen to. Bad move, I think these boys need a little chat with Elliot Spitzer ( who, BTW, just subpoenaed Clear Channel!!) . If you check out the charts from this period you see Madonna, Mariah & MJ. With some exceptions, radio plays what it's paid to play.

Now it's easy to find out what everyone wants to hear... check out Big Champagne. E! recaps their chart nightly. As far as I'm concerned, it's the only count that counts, it's the equivalent of counting box office receipts. From everything I've heard about their system, at least from its Prez., it's an accurate reflection of download activity. The numbers are so big, they can't be manipulated by labels, or anyone else. Any other list is either a microcosm, an opinion, or biased. Check out this article about how labels use it for market research.

Many people, if not most, look to these lists for song suggestions. They do shape the market, so it's important to understand exactly what they are measuring. I look for more than popularity from a song though and sites like Soundclick and Pure Volume can lead to you good, lower level acts that are local and can be supported live.

Grammy Recap

As much as I love Fergie, my first thank you for the show opener has to go to Gwen. Crappy as her solo debut was; any woman who can get the Grammy's to open their show with the international symbol of piracy, the skull & crossbones, & wear a pirate outfit no less, has my eternal admiration. Go Gwen!! Obviously, if they were hip enough to figure the thing out, they would have squelched her artistic freedom so fast it'd make your head spin. Showing their stupidity only makes it more fun.

Adam, the key needs to come down baby, thank goodness Franz Ferdinand kicked some ass out there & saved the open. Grammy has featured great crossover for years now & it just keeps getting better & better. As much as I loved Beyonce & Prince last year, I think this opener topped it.

I loved seeing the first prize go to Los Lonely boys, the Tex-Mex brothers with heart & their proud dad. It was great to see the keys get some props from Alicia, who was described by Sheryl Crow on the way in as basically the great girl hope. I have to agree, if anyone can take Aretha's mantle, it's her. She's an amazing artist and watching her face off with Jamie as Q looked on with a big Ray T shirt kicked it up.

Bono supposedly makes "out there" into "out of the box" and that's supposed to sound fresh. Not to me. I'm sorry, I can't get past their suit of Negativland & the Ebay/iPod stuff (12/2/04 post). He should be supporting artistic freedom not just human rights.

I choked up as soon as I saw Freebird coming... it's been my favorite song all my adult life. They didn't do a good job with it, but it was good to hear Ramblin' Man, I went to college in upstate New York, it's as redneck as it gets & we saw all those southern rock bands constantly. As to Sweet Home Alabama, if I hear one more band cover that song...

The carpet last night wasn't red. It was Green (even though it was the day before Valentine's Day), as is my blog background today, in their honor. Take the time to check out these lyrics. American Idiot is a concept album chock full of great songs & deserved Best Album. Ray was a legend & it was our last time to honor him but it's so important to highlight stuff that's fresh and risky and, most of all, good music.

Kanye West was awesome. I can't remember a performance that electrifying since Ricky Martin. I was thrilled to see him take the Grammy & his acceptance speech had me in tears. His music came from a deep appreciation of a life he had a second chance at. Everything in this blog has basically had this overriding message of live your life to the fullest, make it exactly what you want or you're wasting the gifts god gave you... and to see this young man express that so fully, to take rap music from gangsta straight to gospel. WOW. Check out these lyrics.

The Janis tribute rocked but what happened to Pink's invite? She did a Janis tribute at her Shoreline concert a few years back that brought the house down & is slated to star as the blues legend in a major upcoming biopic... the ladies kicked ass but were out of breath at the end. I'd rather sing Aretha than Janis... aside from the rasp, she could hit five notes at once... no wonder she pooped out.

Joss' voice is too smooth for the material but Melissa was amazing, delivering dead on vocals despite dealing with chemo. Plus, being able to go totally bald inspired many cancer survivors to also say, hey, this is who I am right now. She really deserved that standing ovation.

The highlight of the evening, if not my life, was the performance by Usher & James Brown... amazing! I wish I could say more, but I'm speechless.

Then they have this unfortunate post-coital phase with Neil Portnow reviewing a bunch of dead people & dead ideas, I guess this is when the audience runs for its limos. The audience pan showed limp clapping over snide remarks. They showed their stupidity by offering up some vapid We Are the World rip-off rather than the Usher/JB duet for charity. Hey, at least they made it into the current century. After everyone & their brother started doing award shows, MTV, Billboard, AMA etc., they were forced to get with it. They aren't kidding about the gramophone thing... they used to be so out of it, they'd be giving Perry Como Grammy's in 1969 & stuff.

I was glad Ray got it in the end, our new patron saint of music was made so real in the movie and I really hope it will encourage more musical biopics. I agreed with most of the awards and agreed with the embarrassed Bono, who said this was the best show ever. I'm rewinding the tape as I type this. If you didn't catch Usher/JB give me a call because you don't want to miss this.

Brian Wilson: The Agony and the Ecstasy

Brian Wilson is the honoree this year for the Grammy Cares Award. He did much to organize the Grammy's donation to Tsunami relief this year, and, we finally got Smile, after 36 years. As far as I'm concerned, Brian Wilson deserves any and all happiness and recognition he gets.

His story is one of the ironic icon. The irony of his life is that while he shaped American music into a much happier sound, I'm hard pressed to think of a more tortured rock star. I'm almost hard pressed to think of another artist who showed so much suffering and poignancy. Van Gogh is the only one who comes to mind. That's one reason I chose the title of an Irving Stone book to head this post.

Irving also wrote Lust For Life, about Van Gogh. He's written a number of biographical novels exploring the lives of great minds like Freud and Thomas Merton, and artists like Vincent and Michaelangelo. Michaelangelo was the subject of The Agony and the Ecstasy, and, yes, I'm sure painting the Sistine Chapel on your back while the Pope is also on your back every day, was a bitch. But, so was Brian Wilson's father. Maybe he was no worse than Joe Jackson, but he was far harder on Brian.

And yes, Michael was also, obviously, fucked over by his Dad as much as Brian was, but, it was different. Joe elevated Michael in order to motivate the less talented Jacksons. Brian's Dad thought he, the father, was the gifted songwriter and decimated Brian relentlessly. Joe was just harsh and sick, but Wilson was insidious, moving right into the core of Brian's genius. He mind-fucked him... that's the worst. And when you mind-fuck one of the greatest musical geniuses of the century... that's major.

Brian does think he's a musical genius. I heard him say it outright, yesterday. Ray Charles was dubbed Genius by Frank Sinatra and the designation followed him throughout his life. But, we've been blessed by many musical geniuses and Wilson is as deserving of the title as anyone. I think we should reserve the term for those who have shaped the sound of popular music: Chuck Berry, Buddy Holly, Elvis, the Beatles, the Beach Boys, Dylan, etc. and also for songwriters who have composed major catalogs: like Jagger/Richards, Elton, Leiber/Stoller etc. Brian qualifies under both.

The Life of Brian (Python pun intended) illustrates to me, the enduring legacy of bad parenting. Depending on how bad the parent is, and, how sensitive the child is, the legacy can be really bad. Not only destroying the life of the target, but many others. Brian is an extremely sensitive artist. That was his gift. That's how he was able to write the music, hear the music. All artists are sensitive, almost by definition. Otherwise, they're artisans.

Not only was Brian devastated by his demanding, critical, interfering, control-freak father, his kids were too. Carly was up to 400 pounds before her gastric bypass and has publicly held her Dad responsible for much of her pain. It remains to be seen what problems her own baby may encounter as the legacy of abuse travels from one generation to the next. I feel one of the most important accomplishments I've ever made in my life is stopping the cycle of Germanic authoritarian idiocy that ran through my own family and did much to make my childhood miserable and my adulthood challenging.

So, tonight Brian will get his props, and I hope Smile does too. It certainly deserves it. It's a great album and was robbed of the possibility of being honored as best album because it was written so long ago. As much as I appreciate the Beach Boys music, perhaps the greatest gift Brian will give tonight is inspiration to artists and everyone, everywhere, that no matter the hurdles, each of us can finish our albums, finish our growth and come into our own. So many of us end our lives old, but with our tasks unfinished.

Brian has finished his task, he reclaimed his life from his father. He completed his album. He became his own man. And when I see him tonight... I'll smile.

Grammy Picks

NARIP
The Grammy's are the big claim to fame of NARAS. I enjoyed watching their prez Neil Portnow squirm like a worm on a hook when he was here a few months back, hosted by the Churchill Club. The guy was so pathetically overmatched he barely said a word, leaving it to Tom Dolby to offer something like... "Well, I'd like to get paid for Blinded Me With Science, but, yes, I would have written it even without getting paid."

Halfway through the evening I had an odd nostalgia for Mike Greene. The aptly named predecessor was at least funny. His rant at the '01 show was hysterical, I was in stitches, and so mortifying, even for his own organization that they moved the Grammy's out of LA, where they had been for a number of years, and ousted the money colored Mike in favor of the phlegmatic Portnow.

Last year, at the Awards, Portnow got up there to tout their propaganda site, What's the Download?. As you'll see, if you click the link, like the tobacco and gun companies, they try to hide their sponsorship, making it seem like some type of legitimate public interest group. They had some artists' comments on there so I read those of two of my favorites, Joss Stone & Black Eyed Peas.

Joss said the only reason she doesn't illegally download herself is that she doesn't know how and the Peas tried to sell their album notes & better fidelity. Fortunately there aren't too many Lars Ulrich's out there, willing to slap their fans in the face. And BTW, I agree with those cute little Peas. A nice little book with lots of art and lyrics, accompanied by some high fidelity music. I have no problem, if folks want to buy that. I just wish the publication values were higher.

Anyway, last year Portnow reassured a public out of their minds with fear, that recorded music would indeed survive the horror of the internet. This year, their publicity dept. is on top of things, donating some profits to tsunami aid. So, what will Portnow report this year? "Well, the year started off well cause we convinced the public they would be sued, but when they realized the propaganda was bogus, they went back to getting music the easy way. So, please buy a song for $.99 even though you can get it for free and it costs us nothing to get it to you. It's just pure profit for us, so please, please, please, give us some of your money because otherwise you'll have no good music and all our millionaire artists will be sad."

I know I'm constantly referring my readers to previous posts (ok, so I'm repetitive, that doesn't mean I want to write it all again, after all, this blog started cause people got so mad about my concise emails) but, this time I really mean it. Check out my AMA post (11/23/04) & Billboards (12/9/04). But, if it it's too much to click the fucking button, I can sum it up for you in one word. Usher.

The guy sold over 8M units this year. That's huge. The industry hasn't seen a number like that for many years, certainly not this century. He'll win everything. These are my picks, who I think deserves it on the basis of the music alone, not who I think will win, not the most popular artist, or the sentimental favorite.

Record of the Year
Heaven (Check these brothers out 2/15 at the Masonic Temple, they bring a tex-mex/country/pop blend that is so fresh, remember Pure Prairie League, Poco, Los Lobos?)

Album of the Year
American Idiot (should be Songs About Jane, which wasn't even nominated, Mind Body & Soul should have been nominated, Ray deserves a nod, American Idiot reminded us all what punk music is about and why we need to keep it alive, Confessions...8M, Kanye is innovative but doesn't belong there)

Song of the Year
The Reason (best song of this year was This Love, which wasn't even nominated)

Best New Artist
Maroon 5

Female Pop
You Had Me (Some Kind of Wonderful & Super Duper Love were better)

Male Pop
Love's Divine (how long has this song been around anyway?, If they had put the song Musicology up I would have gone with that, or Lenny Kravitz who put out Where Are We Runnin? this year.)

Pop Group/single
She Will Be Loved ( This Love & Harder to Breathe were both better, Keane's Somewhere Only We Go should have been nominated)

Pop Collaboration/single
Sorry Seems to be the Hardest Word

Pop Vocal Album
Mind Body & Soul

Dance/single
Comfortably Numb

Traditional
Stardust

Solo Rock/single
Breathe

Rock Group/single
Take Me Out

Hard Rock/single
Slither

Rock Instrumental/single
Mrs. O'Leary's Cow

Rock Song
Float On (this was a close one, with Fall to Pieces)

Rock Album
The Reason

Alternative Album
Good News for People Who Love Bad News (though I'd also love to see A Ghost is Born win)

Female R&B/single
If I Ain't Got You (did Beyonce miss a deadline or something?)

Male R&B/single
Burn

R&B Duo/single
My Boo

Traditional R&B/single
Musicology

Urban/single
Are You Experienced?

R&B Song
You Don't Know My Name

R&B Album
Diary of Alicia Keys

Contemporary R&B Album
Confessions

Rap Solo/single
Through the Wire

Rap Group/single
Let's Get it Started

Rap/Sung Collaboration/single
Yeah

Rap Song
Let's Get it Started

Rap Album
The Black Album

Female Country/single
Gretchen Wilson

Male Country/single
In My Own Mind

Country Group/single
Save a Horse (Ride a Cowboy)


Collaboration w/ Vocals/single
Portland Oregon

Country Song
Redneck Woman ( though I'd really like to see It's Hard to Kiss The Lips At Night That Chew Your Ass Out All Day Long win... for obvious reasons)

How The Economics of the Music Industry Affects Culture

Soundclick
Lawrence
cc Mixter
CD Baby
GarageBand
Pure Volume
Craigslist
Aquisition
Sign Here Online

This is what music had gotten to before Napster came along:

By 1992, after over 4 decades of seeing 20-30 varied and exciting number one hits, we were down to a dozen #1 hits a year by artists like Boys II Men, Mariah Carey and MJ, who dominated the charts throughout the decade.

Who dominated the 50's - Elvis, the 60's - The Beatles, the 70's - Elton John, the 80's - Michael Jackson, the 90's - Mariah Carey.

These label execs want us to believe that without them to find this precious talent we will have to suffer along with crappy music. Well, look at what they've offered up as they've consolidated power - puppet songbirds and enuchs. I'll take a Pip over this.

The truth is that there are thousands of talented and dedicated artists out there who are prevented from finding an audience because of the lack of venues, the lack of emphasis on live music due to an overinflated emphasis on recorded music, something caused by the labels themselves, and the lack of access to distribution, also caused by the labels.

In addition, the labels are notorious for doing everything and anything possible to obstruct every single new technology that has moved the cause of entertainment distribution & recording forward. They aggressively fought cassettes, VHS, CDs, and, of course, Napster and all the P2P sites.

If these labels stopped doing us this huge favor of finding us that one in five thousand band we would start looking for sites to help us find some live music in our area or a band's website that we might enjoy (see all the great sites above). Don't worry folks, we won't suddenly live in a society devoid of good music and art.... quite the opposite. We would start enjoying the creativity around us & within us.

There will always be artists that dominate a given year or several years...why? They have talent. Will people stop having talent without our treasured execs? I don't think so.

So, where does the label money go? Some of it does go toward cultivating young talent. They add experienced producer talent, and lots of high-tech hardware & software, which sometimes helps and sometimes doesn't depending what kind of sound you're going for. I mean, the White Stripes have a drum & guitar, nothing digital & lots of folks think they sound great.

They do put money into promotion & trying to make these acts polished, often "not getting it back". Meaning profit above their overhead, right? Well, let's take a look at that overhead. There is no ignoring the overinflated cost of all that, which the bands must pay before seeing a cent. So, the label does get it back, they get paid first, along with the lawyers, the ones who are supposed to be working for the bands.

It's the band that stands last, and ends up with nothing but an overly produced album that sounds little like them or their original identity. If they're lucky, it does well and they can get a better deal next time, but, that's rare and the second deal usually looks like the first.

And if they're really "lucky", and it turns out their song is a hit... say goodbye to what should have been your nest egg for life, cause the label owns it now. So, where does the money go - to the highest level in the music business, the ex-musicians who would rather sit behind a mixing board than a keyboard, telling other bands how to "make it" because their own creativity stalled out.

Society is more invigorated artistically when the younger generation is calling the shots.

Labels need to stop advancing to bands, as Steve Jobs has said, and Hillary Rosen says is happening. The key is, there needs to be a way for bands to do that, make actual money by playing music!!. That's why it's so important to have the infrastructure and cultural conditions that will allow that... small but viable venues, a public interested in seeing live music and willing to use the internet to find music, as well as good sites that will help people find live and recorded music that they will enjoy.

When the bands are cutting those checks, then you will really see things start to change. What the public needs to do is put their cash toward the bands, not the labels.

In the label system the winners subsidize the losers, who usually "don't make back their advance" (no profit after paying in house cost). And that is a correct flow. The problem is the reason they have to. It's because it's winner take all in the music business. Here's why: (and this is my major issue with the record industry): efficiencies of scale/volume.

If you order T shirts printed, they'll charge you $100. to make 100 & $200. to make 1000, whatever, why? Most of the cost is in setting the press. The labels do not want 100 albums selling 100 units each. They want 1 album selling 10,000 units.

Even in this internet age, where we can finally shake ourselves free of the CD (o)pressor, they still want that one in five thousand artist, the Eminems, Britneys, Ushers (see my AMA post). It's all about creating that big superstar name, or brand.

First, for efficiency and second, because once the celebrity gets to a certain visibility level, there's a snowball effect and you get all sorts of free promotion. The big names have press on them 24/7 and the labels love that. In contrast, selling too many albums, which all do, say 100k units, gives you lots of mid-level acts, it creates more of a musician middle class.

The powers that be prefer a smaller (thus, more controllable) group of very influential, now owner class, elite musicians. They provide the role model and impetus to drive early-stage musicians...."look how far you can go in music". At the same time, they tout the company line, like Madonna & Eminem.

I'm not a fan of unions, at all. But, you know, it has protected a lot of actors from being totally exploited. Why is there no musician union?

So, those are some of the reasons music got so bad in the 90's, but, Napster (and to an extent, Cobain) really started to change things and, it is getting better out there. I believe that within the next few years we will see a true cultural revolution, a renaissance.

As the US Empire transitions out to the Chinese, we will, hopefully start using our technologies instead of just inventing them. We'll learn how to express ourselves with them and that will propel us to consume more varied and personalized entertainment. It will drive a huge market and those poised to exploit it should do quite well.

This time, the new boss may not be the old boss.

Entertainment in Danger?

Grey

Looks like someone at Time Warner didn't get the memo that you're not supposed to bite the hand that feeds you. When we see populist tribes like EW making a clear nod at the Free Culture movement by picking the Grey Album as #1... that 2.3% year end gain may not look as bearable as it used to. First RIAA thought all was under control as the first quarter of '04 showed some 8% gain, the first real sign of life since their Napstercaust... ahhh, those lawsuits were working after all... and then it just slipped away.

We do have a few more tunes sold, some 120M, almost all iTunes, but no real rise here. The parents of all the labels saw their stocks go up a bit this year, but the whole market went up. The online stuff did not skim off traditional sales. I guess we still live in two fairly evenly divided worlds, the broadbanders and WhereWalmarters. It's broadband, not the free sites, that threaten CD sales and, I'm guessing there's a market of older people resistant to change and audiophiles that will prevent complete eradication of CD's for quite some time.

When will Napster be the musical Google? Will we ever get a musical Amazon? Once the legal nightmare ends you just know some Phoenix will arise.. who, where...WHEN? We still buy 5% of what Brits buy per capita, there is so much room for increased consumption, for all the players, until they sort out. The market is there, squelched only by endless, futile infighting. Who is going to get through to them that benevolence will be amply repaid if they poise themselves properly.

How many insults do these guys have to suffer before they change? DC and the courts will have to decide. There has to be an effort to simplify the law before individuals & small companies will venture into that morass. Public Domain - think about it... just a little one. I mean, really, to have to go back to the 40's for music to use? If not that, what is the solution? Shorten the term? Re-write it even more complexly? Require CC's to replace copyrights in some cases?

This is the year to mobilize. If things go the wrong way at the SC it will be a good opportunity for visibility and rallying not only the public but an increasing number of industries. Taking on the ISP's or telecom will up the ante. As for the public, it's crucial to get on point with a clear, positive & simple message that presents the upside in a compelling way. I think the concept of freeing some music for a public domain is fairly easy to get behind.

And, if things go the right way it will be a good opportunity to show DC which way the wind is blowing. Hopefully the Court would address not only the issue of responsiblity but public policy issues of balancing interests and economic stimulus. Overarching monopolistic protection dampens innovation, growth and free market competition.

BTW, the Grey Album's OK, mostly I like the simplicity of using only two albums, and the choice of the iconic White Album which was so much about revolution. Not only does it include the aforementioned song but the cover was white because the original cover photo of the Beatles naked was censored. I also love the merging of two very different sounds. It's a very visual way of conveying the mashup blend concept to the uninitiated, bringing publicity to this issue.

The idea that the album should be outlawed is outrageous if you listen to it... it's as fresh as it gets. It also gets across the concept that in this issue, it's all shades of grey. We all want that moral highground, aggressively so. But it's not black and white.

The State of Music 2004

A friend of mine seems to think my rantings are "negative". First off, let me just say that we recently reelected George Bush, there's no job growth or much economic growth, the chasm between rich and poor keeps widening, we are acting imperialistically and killing people, for very little reason. I think anyone who doesn't notice, care, speak out on all this, and more, ought to, cause we are all a part of this world and it's our responsibility to be aware of the big world out there, not hide out in some little shell hoping it gets better some day.

Having said that, while I'm obviously opinionated, and will speak out about positions, people, songs, ideas, whatever, that I don't like (or do!), I've always been an optimist and an idealist and love watching the world move forward. Overall, we are growing in awareness and fulfilment, and most of the big changes I see are positive. Perhaps it sounds like I'm somehow dismayed or upset about the direction music is headed. I'm not!! I'm concerned that those in power will hold up change but I'm convinced the change will come and it's the dream of that happening that inspires me to inform and motivate others.

First, take Hillary Rosen (please). She's done as much as anyone to protect the rights of these big companies to this huge catalog of great music. But, there's hope. She took a nice little walk with Larry Lessig (check out the link) and is coming around quite nicely to this idea of creative commons licenses. She says sees response in the music industry, that the artists are calling more of the shots as these labels merge, then lay off staff. These are exactly the changes I had hoped to see, you can't expect things to change overnight. It's about direction and being part of the solution... and speaking out and organizing.

The biggest part of the solution is the technology, which will make music accessible. I see huge upside for the music industry over the next 20 years. Right now the Boomers are still focused on their careers & kids but in another 10 years they're going to want to return to the great music they left behind. It's my hope that by then we'll have the 50's, maybe even 60's in the public domain where they can play with real transitions and mashups with all their old favorites, and new, on something handheld. At the same time, we have a generation of kids who doesn't even know what it's like to not be in charge of their own music, no one is going offline, only on, so, there's just no future in selling records.

The RECORD/DVD industry (not the entertainment business) is obsolete. Blockbuster is switching to an online, Netflix model and will soon be closing up real estate. Tower and Wherehouse are hanging on. Wal-mart still uses records as loss leader, holding the line at $10. only because they need the labels far less than labels need them, they could drop records anytime and not lose a cent. In ten years the idea of going to a store to buy entertainment will be laughable. We've subsidized enough meat and sugar to make us the fattest country in the world, are we gonna now subsidize the record industry too? Because, that's what they're going for with all this legislation.

So, the state of the law in '04. Well, there should be some focus on this issue this year. The Supreme Court granted cert. to the Grokkster case. The previous decision in this case relied on the Betamax decision, saying Grokkster is not responsible for all those people downloading copyrighted music because there are many more millions who use the sites to exchange perfectly "legal" files. Fair use doctrine allows people to share copyrighted material with friends, and this was curtailed by the labels. So, big issues. Do we as a society hold those who advance technology, sort of a big industry in this world, not to mention this area, back, so that we only invent things that cannot disseminate information?! Is that in the public interest? Do we restrict individuals rights to share info because we now have the means to both restrict and share, more easily over the web?

If these various public interest orgs. can get it together, (they email each other all the time, but it's mostly about legal issues.... we need to win in the courts AND in the court of public opinion) they should use the trial to draw attention to the various ways the labels are aggressively trying to chill the distribution of music and how much of this "property" they really own (because most people think musicians own their own music!) and how much these ownership rights are worth. It's a good opportunity to get some of these more complicated intellectual property rights issues understood, cause that's what needs to happen. This is not gonna happen cause Hillary has a little walk with Larry and sees the error of her ways. It's gonna happen cause it'll be the only way these companies have to make a buck, if they cannot sell records they will find another, more useful way to make money off music. There is plenty of opportunity to do that as there will be more and more people listening to music, following music, playing around with songs on some fun new program, making music, singing. Music makes people happy. It will be with us always. Remember Capitalists, you can still use the music to sell stuff.

But more than that, we need to claim ownership of the medium here. It's time to colonize the moon, people. And if we don't step up to the plate you're gonna be stepping up to your world-wide-Wal-mart-web, the corporate control version of the web, and our one big shot at freedom will have been lost. And I'm not just talking about music.

On a local level, the most promising thing is a rumor that the '05 VMA's will be hosted in San Francisco. After Michael Greene had his little Napster-induced nuclear breakdown at the '03 Grammy's, they took it from LA to NY after 5 yrs. The music industry may again be sending a message here. The VMA's are respected yet progressive and it's about time the music industry steps up and takes notice of an area that has taken it on the technological chin after opening up a world of opportunity to distribute music, get creative with music, make music more interesting and revolutionize their almost dead, of it's own fucking weight, industry. If it goes, it should bring $5M in tourism and... I will be there.

On the other hand, I get increasingly frustrated with the lack of live music. Draper's Music, a Palo Alto landmark and the only place left for musicians to even go, is closing. I went in yesterday and got an electric guitar (more about that to come) and will go in for another amp today, but, it's very sad. The Edge, a beautiful venue just lies there vacant. There's more and more stuff happening on a grass roots level, more bands forming, doing more of their own producing and promoting. The local community colleges are training actors, DP's & now music producers, with a new 30 station Pro-Tools training room. Those producers will hopefully stay local & perhaps they could focus more on promotion, especially web. In a few years we should hopefully see the fruits of all this.

The Liitle Fox Theatre in Redwood City is an up & coming venue. We need to turn some of these mid-peninsula wineries or parks into some venues like Mountain Winery & Montalvo which host some great old & new acts. Another idea is to extend some of these summer concert series into more stable year round (indoor) things. Once the venues are in place and people get used to the idea of going out in the evening & spending $20. to hear some live music & have a drink... a lot of bands will be there to perform.