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If you use your imagination, you can see Jenny Toomey up there giving her keynote speech. It's our fault, but we learned a lesson: just because you have press credentials, it doesn't automatically mean you have a camera pass.

The guitar-toting blur at bottom right is Danielle Howle.
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Editor's Note: No, the Future of Music Policy Summit was not a mere concert, and it's not our intention to diminish its importance in such a fashion. This was simply the best place to run the article.
"All of my friends are much smarter me," Randy Newman sang in "It's
Money that Matters". He didn't proceed to name them one by one; instead,
he left room for every impoverished artist -- the quality artists (Grant
Hart, Atom and His
Package) you root for, and those who inspire cruel parodies ("Bad
songwriter in a coma / I know / It's not serious") -- to hear his lines and
think the song was about them. "In any fair system," quoth Randy the Raven,
"they would flourish and fly, but they barely survive. They eke out a
living. They barely survive."
In the spring of 2000, the Future Coalition of Music was established by a crew of six
to make that argument of an unjust system to Congress, their fellow
musicians, their fans, and all the world. Jenny Toomey, the group's most visible figure, is its executive director, and she set the tone of the debate with an opening speech that was, by design,
all-inclusive. By adopting the strategy of Recording Artists Coalition member John McCutcheon, who said "cooperation will get you a lot farther than competing against your brothers and sisters," Toomey's opening remarks
asserted that musicians, like housewives, were uniformly undervalued.
That morning of January 7th, Toomey showed everyone in Georgetown's Gaston
Hall that she took the Anthony Trollope approach to artistry -- that of
music as a daily 9-to-5 job -- while elevating the role of "creator" beyond
the realm of the ordinary man. According to her rationale, a creator is more
important because, when you create, it is presumed that you are doing something
you love, as opposed to something you intrinsically need to do. Toomey
connects to the message she saw behind the documentary The War Room,
which she paraphrases as declaring, "Next to love, labor is the most
important thing you can give. When you give labor and love together...it's
even more valuable."
Hearing this, I squirmed a bit. If Toomey is to be a mother figure who adds to
the wallets of financially struggling musicians, then this message is bad
parenting. While combining love and labor might be the best gift to give
yourself (something entirely different than what you can give the public),
there are such things as loving what you are not good at, as well as loving
what few others like. Even if you had the time, would you want to hear
every act on MP3.Com? And
should entrepreneurs who go bankrupt by bad business ventures be treated any
worse than dedicated musicians who entirely ignore what the public might
actually like? I am a fan of Toomey's music (particularly Antidote
and the last Tsunami record), but if you asked me what keeps her from
mainstream success, it's not "promotion", as she intuits, but her lyrical
content (a female Ezra Pound?) and her lack of killer choruses. None of her refrains are
whistling through my head as I write this sentence.
The future of musicians, plumbers, writers, computer technicians and
housewives depends heavily upon one thing: being honest with themselves, and
knowing the fruits of their gifts. I lack an extensive vocabulary, and I'm
bad with description, so don't expect me ever making the jump to Rolling
Stone. I love music, and I love to write, and I'm comfortable believing
I'm good enough to write and be read for nothing. Because the Future of
Music Coalition needs as many "brothers and sisters" as possible to help
fight the good fight in Congress, Toomey has resolved, or proudly chosen, to
speak for all who struggle to survive on music alone. This means she argues
for the financial freedom of many who should be as content as I am to do
some passions for nothing. What does this make her? How about an activist
with a deservedly hard, uphill battle?
Speaking before a crowd of mostly fellow musicians and songwriters, Toomey
riffed on this "creator" razzmatazz of hers by asserting that the market
places creators within two categories: the "geniuses" and the
"don't-quit-your-day-jobs". Toomey then said that "most of the musical geniuses I
know never got a shot at quitting their day jobs." Such a statement
effectively redefines the market's position, claiming that it should have only
one category for creators: geniuses. Artists are toast in Toomey's speech,
and she loves to butter them up.
The Future of Music Coalition would be worthless if it just tried to raise
artists' feelings of self-worth to distastefully high levels. Happily, I
think ego building is just a strategy of theirs. The FMC's primary aim is
not to combat a market's devaluation with their own inflated valuation, but
to inspire independent artists to come together like the Hollywood hopefuls,
so that its own variation of the Not-Yet-Ready-For-Daytime-Commercial crowd
can still gain a buck. Toomey deftly used the Encarta CD-ROM case to make
the point that actors, by uniting, have it better than musicians.
In that case, the actors' union fought for its actors, who supplied
voice-overs, to be paid by Microsoft. After back-and-forth twaddle on court
TV, the actors' union not only won the battle; they got their actors paid
at triple scale. Of course, Toomey fails to add that the actor's union has
effectively killed the efforts of radio stations to broadcast on both FM
and the Internet (as their contract forces radio stations to pay actors
twice for commercials that appear on both mediums), and that the actors'
union may have frankly won too much in their fight. For this, I commend her
intelligence. She is a great activist. She also, along with Kristin Thomson
and her fellow Coalition members, helped to put on a genuinely entertaining
conference, which kicked off after her speech with a keynote address by House
Representative Rick Boucher.
Boucher, who helped to write the Music
Offline Competition Act (MOCA) with a Congressional crony or two, wants
to insure that "all owners of copyright interests are fairly compensated". He
believes online stores that sell CDs should not charge users for samples of
music -- as CD Now always used to do --
and he wants a future bill to provide "a non-discrimination guarantee" so
that any site can get licensing to distribute music. At the time I did not
think of this as much, but upon hearing from the Napster president as the
conference wore on, such a bill's importance cannot be underestimated. It
holds the key to whether music will ever be available on "official" downloading
distribution centers, and whether the public will want rapper Paris
("Bush Killa") to return from his new job as a stockbroker to write "Major
Label President Killa". Boucher also supported the rights of Internet and
satellite radio to have the same luxury as radio stations, and let people
know which songs are coming up. Additionally, he felt that such stations deserve the luxury of
streaming entire albums over the Internet, just as many FM stations recently
did to honor George Harrison.
Boucher was followed by a panel, the topic of which was "The State of the Union".
Later panels would sometimes lambaste it as tomfoolery, but it was easily the
most entertaining hour of the conference. The daffiest members of the panel,
Mark Cuban and Eben Moglen, also had far more substance behind their
comments than artists and the RIAA would like to admit.
Moglen, a
professor of law and legal history at Columbia Law School, is a proponent
of free music. He has written articles with titles like The dotCommunist Manifesto: How Culture Became Property and What We're Going to Do About
It" and he is as anarchic as that title suggests. Moglen's argument
directly counters some of Toomey's opening remarks, because he does not
speak solely to artists who create a physical, tangible product, such as
the CD. His position includes the boy who might sing a song to his loved one
in the moonlight -- with no tape recorder running. Moglen has faith that an
audience will pay, in some form or another, for whatever culture it loves.
He says it is up to the artist to make something the lover is willing to be
wooed by, or that the public is willing to pay for. He does not ascribe to
the belief that kids view music as something that "should be free", but that
music is not always good enough or popular enough to be anything but free.
In this conference, the argument against free music is that the artists
worked hard, so they deserve to be compensated. It's an argument that
basically says, if a stranger forces himself into your house and cleans your
rugs, you should pay him for his efforts. Fuck that; if the public has no
interest in your services, who cares about your sweat and tears? When some
kids make the decision to rock, their parents are only being kind when they
hit 'em with a rock. That said, there is an argument against free
entertainment.
At venues like the Hole in the Wall and Galaxy Hut, I've seen people like Mojo Nixon and
Barcelona play for a buck or nothing at all, which forces fans to mingle
with the disinterested, the chatty and the homeless. Ida charged only five
dollars for one of their recent shows, and it was hard to even hear them play above the din of drinkers talking about their weekend plans. The reason we are charged pennies for live performances by the clubs that cater to indie bands is apparently fear. Neither club owners nor the bands seem to
believe in the music enough to think there's a fan base that will show up and
actually pay. Rather than believe in stories like mine -- I became a
reviewer to help shrink my music-spending, became addicted to thousands
more bands, and now spend ten times more than I did before I joined the Splendid staff -- it seems that bands
prefer to be pampered with the same security as American opera companies.
Whereas opera flourishes in Europe and does not need government support, we
have to pay these spineless American repertories our tax dollars, and endure
their snobbery. I liked Eben Moglen because I agree with his position: good
art will always have an audience. If American opera companies did not
overspend on costumes, and lowered ticket scales and dress codes, lots of
kids would come. Rather than take that minimal gamble, they beat the rock
musicians to Congress with the claim that their art was so super-duperly
precious, and have since managed to turn the popular entertainments of
Mozart into frolics for the snooty.
Like Moglen, Mark Cuban is something of a ham for attention, but he earns
his overflowing confidence in his ideas by being amusing, smart and a
realistic capitalist. After Cary Sherman said the best thing in 2001 was
subscription models, Mark Cuban needled him enough to prompt an inquiry:
"So you're saying the current business models aren't going to work?" Cuban
addressed himself to artists when he said "The people who developed your
original businesses" are who you're mad at, not companies like Napster.
While Napster faulted by ignoring copyright laws, and by failing to protect
users from viruses and poor-quality audio recordings, it was at least a
simple medium to navigate, with an interface easy to sell product through.
Instead of allowing the company to evolve into that, record companies
intervened, shut Napster down, then presented new models that won't work
because they're too complicated and asinine. Cuban's own dealings with the
RIAA have been negative enough to have him feel they're "not about
profitability (for the artist) but control". Moglen is equally skeptical
every time the RIAA flexes its muscles, and believes Sherman "is
concerned...all his clients might go elsewhere."
Jonathan Potter, executive director of DIMA, also
comes across as a very rational, intelligent speaker on the business side of
music. He agrees with Cuban that there are "decades-old relationships (between record labels and entrepreneurs) in the
way of artists getting paid," and
that the best thing that could happen to artists might be a severance of
ties with past business practices. As things now stand, Potter feels that
"The Internet has the threat of becoming like radio," which plays the same song
over and over. Just as oldies stations all seem to play from the same
double-disc K-Tel compilation, the music business poses the threat of
turning the Internet into homogenous shit.
Phil Goldstein and a favorite of mine, Jonatha Brooke, were the two artists
on the panel, and they were there mostly so that Cuban could say they got
everything totally wrong. Goldstein did make an amusing counter jab to one of
Moglen's arguments (that fans would support artists through other means,
like merchandise), though, by saying, "Who wants to buy a Goldstein
t-shirt?"
The theme for the second panel was Taking Care of Business, and its
panelists were an impressive bunch. Critic Dave Marsh was moderator, and the panel featured a member of Sweet Honey in the Rock, Bernice Johnson Reagon, as well as her daughter Toshi. Where the previous panel was lively, informative and exciting, this one featured idealistic socialist-tinged rhetoric from Bernice ("Any kind of culture that's driven by capital" is evil), and a
kiss-artist-in-the-booty mentality from Marsh. Like the idiots who run the Academy Awards, he cut off people like David Sanjek (BMI archivist and author of such things as "From The Microphone to the Microchip: Consuming Popular Music") when they were about to say something substantial, then gave
extra time to musicians who seemed unaware of what the topic was about. If this
sounds like artists were getting on my nerves, good. Until Amy Ray took a panel toward the conference's closing point, musicians mostly just seemed opposed to day jobs. When a songwriter quits his day job, does that mean he writes for nine more hours of songs per day? Judging by some of today's best (Bobby
Wratten and Elizabeth Elmore, each of whom write only the two or three weeks of
the year when inspiration strikes them), it's not as if a day job can truly be
called an impediment to artistic creation. It's an impediment to touring, sure, but so is the fact indie bands routinely travel 300 miles to play a show for nothing. Likewise, isn't it true that when you look at monetarily
successful artists, both before and after their rise to financial
independence, lots of cash and free time seem a detriment to good work,
not an advantage?
One standout from the Taking Care of Business panel was Johnny
Temple, who at least knew the topic he was to address. The owner of Akashic Books, Temple's
Brooklyn-based company is trying to be the East Coast's version of San
Francisco's City Lights, and they're starting off quite well. Speaking about music business models, he favored the methods used by Dischord and Touch and Go,
in which the label and artist splits the profits rather evenly. He also
acknowledges that, typically, the "profits will never show", which ends up
making it a better business model than giving someone ten thousand dollars
up front. Temple also discussed the advances that major labels provide,
before lamenting how most musicians aren't provided health insurance. Well,
if the advance was big enough, couldn't artists put some of that money
toward health insurance? I hate that insurance companies overcharge most
artists, due to the rampant drug abuse from the past, but are there many
things worse than an "underpaid" artist passing on a conference's free lunch
to go out to eat? Perhaps musicians are poor for more reasons than bad
contracts.
The second keynote speaker was California senator Kevin Murray, who
declared, "While music is an art form, it is also a business." Whereas Boucher
was ripe with many ideas, Murray seemed an activist more along the lines of
Toomey. He called for artists to use organizations like the Future of Music
Coalition to "communicate the changes they need" in present law to Congress.
He also declared this their "responsibility". To break from the chains of a
past that has treated musicians like "indentured servants", they "must take
care of themselves" and unite! With no deference to his message, he revealed no content therein.
Following lunch was a panel themed To Legislate or Not to
Legislate. It had a dubious member in Debra Rose, counsel for the House Subcommittee on Courts, Internet and Intellectual Property. Before a largely anti-Napster crowd, she stated that only 13-year
old kids seemed to care about Napster's demise, and got pretty snippy at FMC lawyer Walter McDonough when he said the "DNCA bill does not make much sense". McDonough, my favorite speaker from the Future of Music Coalition, used this time as a forum to speak for artists with out-of-print titles. He
feels, "if something goes out of print", the artist should be given "the opportunity to license it", so that it doesn't end up getting sold only on EBay at outrageous prices. I hope he wins on this argument.
While Ann Chatiovitz, Director of Sound Recordings at AFTRA, believed that compulsory licenses tend to devalue the value of the copyright", McDonough argued that the lack of compulsories would make it terribly hard for
upcoming acts to afford to "have cover songs, etc". Manus Cooney, Vice
President of Corporate Policy and Development at Napster, added his few
cents by claiming that the "pie would grow" for artists with the emergence of
online music channels and databases, and that musicians will reap the same
benefits that screenwriters now get in this world of a zillion TV channels.
For the third keynote address, Konrad Hilbers, the CEO of Napster, was given the opportunity to speak on Napster's future. Hilbers, who has transformed the company into an bona fide "company", wants Napster to provide users with immediate access to content, while providing artists with
immediate monetary awards. Where consumers have the passion, it is indeed
artists with the content, and Napster appears to have opened its wallet wide
enough to prove that they recognize that.
Hilbers joined an early aside by Mark Cuban (who cited Billboard
statistics) in contesting that the prior incarnation of Napster did not hurt
the music business in any substantial way. In fact, he claims that Napster
users bought nine CDs every six months, which is more than three times the
amount of the normal American citizen. While the nine CDs is undoubtedly
less than what such users previously bought (for example, as a music addict
who didn't use Napster, I buy over nine a month) before Napster, it's still
a good stat for him to spout. Hilbers believes Napster, which was not
exactly a "business" in the past, will reach economic viability if it can
"reach agreements with major labels" regarding licenses. Without such
licenses, access to indie acts will be more limited too, as it's mainstream
acts that can bring the majority of profit to a company like Napster, and
allow it to grow.
Hilbers concluded by supporting the government in its right to define "the
limits of copyright and consumer rights", and I have to imagine that he hopes the
government can pass a bill where "a non-discrimination guarantee" forces
major labels to deal with the Napsters out there, even when their product
does battle against the major label's own alternative models. While Hilbers
was hopeful that the licenses would come, he left the audience with the
impression that the major labels are playing hardball right now. The labels
would love to keep Napster forevermore as the anti-artist corporation that
screwed artists out of money, rather than let Napster and other like-minded
companies prove themselves to be a friend that's both good for the expansion
of the music business, and for musicians' pockets.
Following Hilbers, there was a panel on Competitive Licenses. It was
filled with more technical jargon than the rest, but also helped to enforce
some of the earlier statements made by panels that conference attendees may
have overlooked. Ron Gertz, the president of Music Reports, believed
the most cogent statement of the morning came from Marybeth Peters, the
registrar of the US Copyright Office -- someone I had overlooked in the
first panel. She had said that "compulsory and statutory licenses come
when markets don't function" -- and that, according to Gertz, is what
validates them; "What," he asked the audience, "can be more dysfunctional
that our market right now?"
David Carson, who was the US Copyright Office's representative on this panel,
admitted that no one should "expect the legal framework to be (immediately)
ready to deal with new technologies" -- and that, in terms of content, was
about all I got from the panel. However, John Simson, director of artist and
label relations at Sound Exchange, made a good commercial for that
company. Where ASCAP pays just its members, Sound Exchange pays everyone.
Major artists are paid directly, but for indie acts, it's the
indie label that gets direct payment (due to a contract made by the two
parties). For me, the only other notable moment in this panel was its
introduction of Dave Allen, Gang of Four member, as being among the
audience. Every time he rose to ask a question or raise a comment before the
panels, he would preface it by saying, "I'm Dave Allen, and some of you may
remember me from Gang of Four". Okeydoke.
One artist I will definitely remember from this event was Danielle Howle,
who performed two songs ("From the Tops of Trees", "Tie Up the Moon") from
her KRS album
Catalog before the next panel took the stage. Her sense of humor
("I've changed my name to danielle.howle.com. Do you think it will work?") and very
Southern mannerisms ("It's nice to sing before all you smart peoples") is
absolutely charming, and she can really sing. Since it's important to
acknowledge all the good things that Toomey's activist spirit has done, let
me add that I never heard of Howle before a Jenny Toomey interview from
years past had praised her to the skies.
One of the most anticipated panels came next, at sundown. It is fitting that
Roadblocks to Copying came at the same time I was having trouble
copying my thoughts down to a page my eyes could barely see -- but it was a
shame that I did not need to copy many thoughts down. Robin Gross, an
intellectual property lawyer whose blonde hair and leather suit made her
look like Ute Lemper or Brigitte Nielson, highlighted the differences
between copyright law and copyright protection schemes. Where copyright gave
authors the right to distribution, etc, copyright protection schemes denied
fair use for the consumer. This, then, is the major legal stumbling block
for companies that want the hills to be alive with the sound of Macrovision.
In the Audiohome Recording Act, "all CDs cannot be encoded to prohibit the
first generation copy", and, if it were up to Gross, the 100th generational
copy will sound pristine, as well. Since encoding has a hard time being
fully successful without costing companies lots of money, those who like to
make compilations for friends should be able to continue this practice
for quite some time.
The final panel was quite lively and focused on major labels. Don Henley,
who has fought for major label artists' rights on Capitol Hill, was criticized
by the hipsters, and the Henley supporters grew livid. Overall, the life of
major labels did not seem too rosy. Toomey, the following day, phrased it
whereby the majors were "Hitler on the Titanic, and we (artists) are the
peanut butter."
When I got home that night of the 7th, my parents called me and asked how the day
went. The best way to describe it is not through criticism, or by recounting all of the
statements that irked me, but by revealing the fact that I started talking a hundred
words per minute. Where I routinely judge my day job conferences solely on
the donuts and coffee I am provided, this conference actually got me
excited. I'm still a 76ers fan, but Cuban has made the Mavericks my second
favorite NBA team, while memories of Howle's voice were about the only thing
to keep my mind from racing all night and giving my cats their own statutory
licenses.
The next day, it seemed that everyone woke up late -- which probably happens with
every conference that's dominated by musicians -- and I sprinted from the
Key Bridge to Georgetown's Gaston Hall, only to discover that I had just missed
the "Welcome" message from a sponsor.
My note taking began with a nice keynote speech from House Representative
John Conyers. A likeable fellow, he joined the FMC in the belief that
musicians were workers in the same sense that cashiers or lawyers are. He
raised the point, "You didn't get in this business just to suffer, did
you?" This goes with his belief that practical economic decisions factor
into a musician's decision to devote himself to music; only by seeing other
musicians make money for their time and effort did a young artist believe he
could do likewise.
Then came The New Pipeline, a decent panel led by Derek Sivers,
President of the online distribution company CD Baby, and Phil Leigh. Pam
Horovitz, speaking for retailers, noted that (American) stores still "sold
something like eleven billion dollars worth of CDs last year". She also
made an obvious point, but one which needed stating -- that "retailers aren't
this monolithic entity". Since their aim is to have in stock the music that
owners think their clients will want, a store like Austin's Waterloo might
be devoted to Texas musicians, while others (like Arlington's Now Music and
Fashion) might show total attraction to indie product. Translate this to the
Internet world, and it is just as fair for Amazon.Com to sell no Australian indie pop as it is for
the fabulous MicroIndie Mailorder to make that its specialty.
Blue Oyster Cult's Sandy Pearlman, who spouted exaggerations and
Orwellianisms (the "preponderance of mass distribution is going to go
virtual"), was at least endearing as a person who hated public speaking,
but his opinions were off, and littered with the same over-the-top rhetoric
as John Barth's (self-rebuked) essays on the death of the novel. With feet
more firmly planted in reality, Phil Leigh served as proponent for
compulsory licensing. He finds it "the best way to get people addicted to
music", and noted that "70 percent of college students who were getting
Napster were willing to pay fifteen dollars a month". They may never get a
chance, though, because "licensing authorities have not negotiated licenses"
to AudioGalaxy, Napster, and their ilk.
Derek Sivers, a man with a terrible haircut, is (as already noted) behind
the CD Baby online company,
which sounds like a wonderful place for aspiring indie artists to sell their
material. Last year, more one million dollars was given back to the artists
who put their music on CDBaby, something which garnered huge clapping and
cheers from the audience. Sivers mentioned, "When Napster was at its peak,
one of twenty sales were from listeners" who heard the music first on Napster. This
includes a number of bands who are simply thrilled that some non-mom out
there would buy their work and give it a chance. Oh, lest I forget, Dave
Allen asked the panel a question. Perhaps you have heard of him (his Gang of
Four's Entertainment album is phenomenally good).
For the Global Exchange panel, what was most informative was the way in which
all of them -- Dagfinn Bach, Dick Huey, and the Sundays' very astute bassist,
Paul Bradley -- showed how panelists before them were very American- and
Euro-centric. They were tired of hearing statistics that ignored the fact that there is
other music besides English-speaking music. Granted, American acts rule the marketplace, but that's because, as Peter Jenner puts it, America has inflicted the "WTO (World Trade Organization) upon the world". In another audience-pleasing comment, Jenner said "the dominance of American music
around the world" is because America just dumped it on everyone.
Peter Jenner, who represented the Association of United
Recording Artists, was the first to mention there was a "tremendous
problem with regards to broadcasting public performance...Radio is selling
ears to advertisers, and these advertisers are coming to them for music."
It's ridiculous, given music's ability to sell product by keeping listeners
tuned in, that "the total payment for all music in the UK" is 150 million
dollars less than what British radio pays to broadcast soccer (400 million).
Jenner says the "record companies are appallingly inefficient in getting their
fair share", but is optimistic that there is money to be made from online
streaming. "The idea of thinking about digital domain in terms of
performance is much more important than thinking about it in terms of
downloads..."
In the UK, the closest approximation to Sound Exchange (which makes direct
payments to both major label artists and indie record labels) is PPL (the UK broadcast royalties collection society).
Unless American artists have a piece in the pie of their broadcast
performance profits, "what happens at the moment is 100 percent gets paid to
the American record company." The only exceptions come when an American
artist has recorded for a European company. Because of this, Jenner said,
it's important for artists (like Stephen Malkmus, or the Moonshine stable) who might get on the radio "to raise the issue, and they need to make
sure their lawyer is onto the issue, and they don't just sign away their
(performance rights). In principle, it's an important income stream, but in
practice at the moment, it's not significant, except for if you have a big
hit, a big radio hit, or a big dance hit. So clubs pay, radio pays, and all
these things are going to get stronger. I think the income from performance
income, from PPL in the UK, will quintuple in the next five to ten
years. I think, in the end, an awful lot of the Internet business will be
done with performance broadcasts like streaming, and high-end streaming ...
If you as Americans are not aware of the value and importance of performance
income," then artists and the American music industry will have missed out.
"Already, you can see them (major labels) struggling. These incredibly
complicated plans (of theirs) where you get 100 tracks for a month, and then
it deletes from your hard drive -- this is just mindless rubbish! The total
value of the worldwide legal CD market is 35 billion dollars a year, or
thereabouts (as reported by International RIAA, etc). If you had 350 million
paying a hundred dollars each for all the music -- everything -- you would
get the same 35 billion dollars."
Continues Jenner, "I think a subscription basis is going to be very
important, and I think it's going to be incremental. I think a lot of that
is going to be performance. Something which plays that to me, and then I can
select it, and get some more (like, "Oh, I like that one, I like that Jim
White"), and then I think, 'Oh, I really like Jim White. I might go buy that
record.' That sort of patent of consumption of music is going to develop, and
a lot of that depends on performance...There now will be a continuum between
just browsing and buying. And the distinction between a 'mechanical royalty'
(whereby the company putting out the record is required to pay the
songwriter a royalty for each record manufactured) and a
'performance royalty' (whereby an artist is paid whenever his/her
composition is performed publicly) becomes very hard to draw. Impossible."
"On one end, terrestrial radio, it's pure performance; the other end, going
into a record shop, it's pure 'mechanical'. But in fact, anything else
between is a mixture," and that's why public performance rights become so
monetarily important for artists to maintain control of... "So just watch it
with your contracts," Jenner instructs, "and think about and ask your lawyer
about it, and get him to find out."
Peter Jenner, who also happens to have managed some of my favorite artists
from every period of my life (Pink Floyd, Billy Bragg, Eddie
Reader), was probably the most illuminating person I heard during the
conference, and one who I think has a keen ear for what music fans want --
and what artists should pursue. As a manager, he sees the Internet
mostly in promotional terms, as a "way of getting to people". He also
believes it to be "the place the music fans go", and thinks it's "going to
destroy mass radio" in "the same way that FM destroyed Top 40 Radio in the
sixties". I thanked him for skipping much of his lunch break to elaborate on
his thoughts, and for re-injecting a spirit within the conference to
actually learn new things.
However, nothing much new or interesting was raised in the panel devoted to
Copyright Bargain. There were arguments over whether copyright law
was created for monetary purposes or for the profligation of art and creativity,
and it seems people decided it was there for monetary reasons. Otherwise,
arguing about licensing issues would be difficult.
Whereas A More Perfect Union, simply said, "There's power in
a union" (and yes, just listening to Billy Bragg would have been
preferable), the former was very worthwhile. It was dedicated to New
Models, and contained the most musically star-studded panel. Aside from
Jenny Toomey, who served as moderator, there was Ian Mackaye, Amy Ray, and
David Fagin (a non-stop teller of bad jokes, and singer for the Rosenbergs).
There was also the return of CD Baby's Derek Sivers, and this big guy who
ran the Pearl Jam fan club, as well as Vivek Tiwary, a straight-up,
tell-it-like-it-is guy who's CEO of Star Polish, an
Internet company that helps people learn the ins and outs of the business.
If you're looking for a label, or a way to break into the business, I
strongly endorse Sivers' CD
Baby service, and Tiwary's Star Polish. Besides using the latter for Toomeyesque good
deeds, so that groups make smart business decisions, Tiwary is "opening a
small management company, and providing some marketing consultation
services." The crowd's reverence for Ian MacKaye swallowed up many of the
good things Tiwary said, but he was the only one who used the panel to
address struggling songwriters, saying, "Have realistic goals and
expectations. If you have a certain niche, how big is that niche?" Along
with a more basic but harder-to-answer question, "Are you any good?", he
thinks it's important for people to realize that a genre like instrumental
emo will not make you a millionaire. Thinking otherwise will only make
you feel bitter whenever you turn on the radio and don't hear your own group
following Pink.
Amy Ray, the artist I came to adore from this panel, is that gal from
Indigo Girls and the owner of Daemon Records. Prior to this, my only written comments
about Ray were hatred for her song on Mr. Lady's otherwise excellent Calling All Kings and
Queens compilation. What appealed to me about her business practices was that
she demanded her artists to work. "With Daemon Records, I pay for them to be
recorded, to be promoted," and they do the rest. "You wanna be a
musician and play your art? You need to work for it." Ray has no tolerance
for the "disgruntled rock star" set, and demands that all of her artists
tour for a certain amount of time each year. Ray doesn't do this to ensure she
gets paid back -- it's fair to call Daemon a vanity label existing
solely to promote Ray's own tastes and beliefs -- but because she knows the
type of backbone that anybody needs in order to succeed. Very few lazy
people ever get to achieve their dreams, and who wants to bet that the
majority of the 130,000 ASCAP members aren't trying to succeed without
sweat? If it were up to me, most of those 130,000 songwriters would get a
second day job -- what else can we do to make certain that bad songwriters won't one
day occupy a whole state ("We are the state, we are the future")?
Finally, there was Ian Mackaye, who wondered why he was on a panel
devoted to New Models. His Dischord Records will always be an anomaly in the world of
music, as it does not believe in contracts, nor in copyrights. It is
anti-paperwork. Artists and the label basically split the profits, and
should an artist ever complain about treatment, they'd rather give in to his
demands than yield to lawyers. No one has ever complained, because Mackaye
is so genuine and well-meaning. Dischord exists so that its artists "have
the opportunity to document something that was important to their lives". If
it sells, so be it, but that never has been Mackaye's driving force. If his
politics and business practices did not have the luck of receiving media
coverage and turning Mackaye into an indie poster boy, Dischord would
probably have gone bust long ago. Thus, even if he's your hero, I can't
imagine Mackaye's model to be the right one to imitate. Instead, take
the hard-work approach of Amy Ray, or else consult with Vivek Tiwary and his
staff.
The Future of Music Coalition is devoted to bringing together people who are interested in making musicians' lives better. Although their attitudes and opinions sometimes annoy me, I must commend them for holding this conference. The diversity of speakers made it very memorable, and routinely
thought-provoking, while the seats were quite comfortable (a legitimate issue when you're sitting for two days!). As far as parting thoughts...I would love for my favorite artists to
strike it rich. However, it really doesn't bother me if musicians must still
endure their day jobs -- if they hate day jobs so much, and think they know
what it takes to sell out, then just sell out! Do it to quit your job and
quit whining -- because I do not think lack of time is the major obstacle to
the next great song. Nor do I think that major labels will continue to keep
their product from being shared among better-designed Internet business
models. Having seen guys like the Napster president up close, I think he can
get along with an entrepreneur-friendly Congress, and give Congress that
extra-needed push to knock major labels on their bullying backs. In fact,
I'm sure of it. As for licensing, and copyright issues, I've tried to shape
Peter Jenner into some sort of prognosticator -- and I think his prediction
about performance royalties will happen. Artists should make certain that they get a
piece of that pie. I also think Fairground Attraction's Eddi Reader, one of
Jenner's newest clients, will finally have a solo hit in 2002. She's
deserved it for a long time.
Assuming the Future of Music Coalition makes this an annual conference for
the next few years, I am hoping they might delve into issues beyond musicians' worries
over the next paycheck, and address long-term concerns that practices like CD
duplication will inflict upon users. Though I am opposed to most
preventative measures put on the table so far (as I love making mix tapes
for friends), across-the-board Titanic-sized burnt-CD collections is my lingering
worry. As a person who's made music his sole hobby in life, and thereby been
able to purchase a few thousand records, I have watched my tastes go through periods of regression, where the only thing I can stand on certain days is immediately digestible bubblegum music. This is not good, and I blame it mostly on the fact that my music collection is large. Why spend ten
hours trying to appreciate the piercing sounds of Wolf Eyes when the Edison
Lighthouses are staring right at you? Fans are now amassing huge music collections via file-sharing services and used CD stores, and while they might still buy
their full retail product, they won't avoid the horror of owning too
much music. Some songs, or compositions, literally require time to
appreciate them, and I fear there will soon be a whole world of impatient
snots like myself who will listen to ten seconds of a CD and want to move
on, before they even get to the hook.
No, this is not the hook.
Article and photos by Theodore Defosse.
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