Tuesday, April 28, 2009

Effective Laws To Protect Music Must Be Enacted Immediately


Our laws are clearly failing the people who create music for a living. I recently learned that a friend's music has been offered at dozens of sites around the world for free without his permission. In this case, my friend followed all of the proper steps for protecting his music through the US Copyright Office, but the current laws in the US and abroad do not provide sufficient protection from piracy. There is noble intent within the laws that are designed to protect intellectual property, but there is no adequate provision or remedy to really prevent or to discourage piracy. In short, the current laws have no teeth.


While the Digital Millenium Copyright Act seems to support the owner's rights, it also limits the liability of the internet service providers who offer the means to distribute pirated materials. While I am not an attorney, it is clear to me that the burden of responsibility is 100% on the owners to pursue each violation. For each violation, the owner may issue a Cease and Desist letter, but must file a lawsuit within 14 days for each venue or the violator is allowed to put the material back up. In reality, there are so many violators that it is impossible to shut them all down by the time an illegal digital file is distributed online. I know the debate continues and new laws are being discussed, but time is running out for the vast majority of artists who are unincorporated and without sufficient funding to protect themselves.


Meanwhile, people seem to be increasingly indifferent to the impact this phenomenon has on the lives of innocent people who rely on their music for survival. Actually, it is the very same indifference that looters feel when the plate glass windows of a store are smashed during riots. That is, the numbers are generally in favor of the looters as the streets are temporarily outside of the control of law enforcement. It is the same because people know they risk very little (actually nothing) when they steal from their fellow man in the privacy of their homes. The reality of the actual crime is conveniently tucked away while they casually download songs from P2P sites. Indeed, many seemed to celebrate as the businesses who lived in excess during the 80's and 90's fell victim to the new music free for all. However, few like to think about the actual people who are now struggling to survive while their products are given away at the speed of light.


Well, in this case, I happen to know the victim. He lives in a small town in Germany with his wife and his 3 year old son. Their son recently returned from the hospital after being treated for pneumonia. Their home is very nicely furnished, but it is very small, particularly by American standards. The home is very old, so it is also very cold in the winter. Despite the difficulty of their situation, they are very happy people and they love to spend time together as a family, sometimes going for walks together. Going to a McDonald's is a very special treat for their little boy, but it is a rare treat. Perhaps they can go one time over a period of three or four weeks.


My friend has been writing songs for several years, but his professional music career as an engineer and performer spans 15 years. He is one of many talented artists who hopes to be discovered by a large publishing company or label. But he, like many others, must work to promote his own music or work with smaller indie labels. He does not have a team of lawyers to help him protect his music. He has 24 hours in a day, studio time, rehearsals, gigs that are sometimes hundreds of miles away, and bills to pay. He expresses his feelings in his music, but he is always cheerful, particularly around his young son. My friend is a modern day Bob Cratchett and ordinary citizens who demand their music for free are the modern day Ebeneezer Scrooges.


Most people recognize the need to live by a set of basic standards that we call law. Yes, we complain and make fun of those who practise law, but in reality, we do enjoy many of the benefits of a civilized society. We are able to live, work, play, and worship as we choose. However, we like to believe that we would remain civilized and respect the rights of others in the absence of law. As we are witnessing, this is clearly not the case. We can say there are laws to protect us from piracy, but laws that are not practical and do not protect people have little value. Therefore, we have ironically moved forward in our technological development to a new period of lawlessness. Perhaps it might help to consider what life might be like when people compare it to a world in which the results of their own work is offered for free.


Finally, I hope that most people realize the value of music in our lives. If not, perhaps one might think what life would be like without music in our lives. Of course, that must be very difficult because nobody seems to have the capacity or the time or the motivation to imagine such a thing. However, the idea that music is free is not sustainable over any appreciable length of time. How long will artists continue to produce music if there is no benefit or appreciation for their time and for their art? It is not surprising that children now do not understand the concept of music costing money. To them, it is like turning on the water faucet in the kitchen, except their parents pay for the water each month. I sincerely believe something will be done eventually, but the time to act is now.


We need effective international laws that will punish anyone in the chain of distribution in direct proportion to the level of the crime. I know, for example, that I have downloaded some files from P2P sites. While I am not proud to have been a part of this mess, I proudly offer to return this money tenfold to a fund that would benefit those who worked to create this music. However, rather than normal prison time, I recommend that we put the more serious offenders to work in camps to repay their debts by the same sweat and effort that was given away in equivalent dollars at the expense of the artists. I can hear the sites shutting down at the very prospect of placing violators under the jurisdiction of criminal law.

Monday, April 20, 2009

Review of In My Dreams

I really like the music from JD Wood's, "In My Dreams". I find myself repeatedly listening to each song in my car, on my I-pod, and on my computer.

While this music is mostly rock oriented adult contemporary, JD is clearly comfortable infusing several styles into his originals. Most of the songs have certain similarities to artists such as The Fray, Lenny Kravitz, Bon Jovi, and 70's group, Badfinger, but there are a few jazzier compositions with similarities to Harry Connick, Jr.. Otherwise, the music is uniquely JD Wood, a blend of powerful vocals and well-crafted songs.

As a whole, I suppose I am first impressed by the cohesive nature of the songs on this CD. Lyrically, it is about relationships and the songs tell stories of love found, love lost, and recovery from love lost. I am also impressed with the expressive nature of these songs and the appropriate musical settings. The melodies are nicely interwoven into sophisticated chord progressions and arrangements, producing a very desirable effect throughout the entire CD.

The title track, "In My Dreams" has a sweet intro that quickly morphs into syncopated orchestration. The song then moves seamlessly into a beautiful bridge and a majestic chorus. This song could easily find a place in film or television, but I found myself worrying a little about the overall content of the CD, despite having listened to only one song. My worries immediately dissipated as I moved to the second song.

I was surprised and refreshed by the groove of the second track, "Come and Tell". This song could very well have been a collaboration between Dr. John, Stevie Wonder and Badfinger. It starts out funky but moves quickly to a syncopated rock song. The bridge and the chorus deviate from both initial styles to create a refreshing melody in the style of Badfinger (or another group from the 60's and 70's starting with a B). I don't take this level of praise lightly, but this music deserves it. I found myself moving around in my chair while listening. I love this song!

Song three is a very cool jazz groove entitled "I Feel Alive" that is in the style of Harry Connick, Jr. The music is again syncopated and fun. All of the instruments are excellent with amazing arrangements. JD's singing evokes images of a jazz performer who is in command of his voice and very comfortable in this genre.

The fourth track, "Smile To My Face" starts with JD's superb piano that is quite reminiscent of Elton John with some very nice orchestration thrown in for effect. The song is a very nice love ballad that Barry Manilow would be proud to call his own. The bridge and the break are very well written and arranged, one of JD's many gifts.

The fifth track, "Tell Me Why", goes in a new direction with a ballad rock style that I could associate with Bon Jovi or Rob Thomas. The break is a bit retro on it's way to a hard rock orchestration style at the end.

"Love Made Me Blind" has a very tender intro and the chorus is dripping with emotion. This emotion is carried into a very nice string accompaniment. This song drifts into a bridge section. However, it really surprised me at the end with a strong hard rock change that caused the hair on my neck to stand up.

"It's Time To Say Goodbye" has a decidedly darker mood than any of the other songs. It is another very emotional song about parting ways. I believe this could be a song for the stage.

"Time Is Ticking Away" is another song in the rock ballad style reminiscent of Bon Jovi. The chorus is very good with a nice break. JD once again demonstrates his talent for composition with an appropriate bridge section and a final chorus.

"Welcome Back To Life" is another very cool jazz number. The bass in this song would make Stanley Clarke proud. The chorus section has a great hook and moves very nicely back to the orchestrated verse section. The bridge is too cool for words and it delivers once again with a song that sticks in your mind and keeps your interest throughout.

The Key starts with a syncopated piano and goes immediately to a very nice lift to the chorus. The melodies are very nice throughout, but the chorus melody is extraordinary. The bridge section is much harder but the return to the chorus is nothing short of spectacular.

Perhaps my favorite song on the entire CD, "I Am Strong" has a great hook. The song has the signature emotion, groove and melodic movement for JD Wood. This song builds very nicely and evokes the same emotions that you might get when you go to see a great "feel good movie" when the underdog is finally able to overcome adversity in the end.

It would be unfair to JD to compare this music to any one artist. This music embodies many of the rich textures in today's hot adult contemporary. Yet, there is an infusion of classic rock and jazz elements in this masterful collection. This music is not only cool, but it is enjoyable as each song is worthy of airplay. "In My Dreams" is available on CDBaby.com.

Organization, The New Model for Success in Music

I think indie music will eventually find ways to compete on the national level with the big guys. As the dust continues to settle, I think a new landscape will start to emerge, providing more available resources to more people. The words may seem a bit hollow, as we are all hearing this on a regular basis. But what does it really mean? On a personal level, it may be easy for us to see. Yes, we can find someone online that will collaborate on a new song. However, on a larger level, more work must be done before real, more robust opportunities become available on a larger scale, benefitting all who deserve a chance to earn a living in the music business.


I make reference to the natural distribution of talent and make the point that compensation should ideally resemble the same natural distribution in my article entitled, Digital Music Sales, A Wedge Theory. Unfortunately, the distribution of money for music has been disproportionately concentrated on the "hits" end of the spectrum, leaving many very talented artists behind. I suspect this older model is very much responsible, at least in part, for the upheaval we are now witnessing.


So, along come the new models to replace the older business models. Not all of the new models will survive. Many will commit too many resources too early in the transition and will be eclipsed by a better idea with better timing. Of course, many will continuously monitor the landscape and change with the landscape. While success is a relative term, it is doubtful that any of the survivors are destined to become our next generation of Microsofts and Googles. The new models are more likely to be less top heavy than the older models, with pay structures that are much more balanced. Trust will become a very important element for survival and that trust will be built from fair compensation to the contributors. That is, the new generation of music entrepreneur is more likely to be your next door neighbor who mows his/her own lawn. While super stardom may remain an ultimate goal, it is likely that the artists will also be your neighbor, but there will be more of them and they will, at least, have a lawn to mow.


Organization will be the next phase in the development of indie music resources. While working independently to promote music, one quickly realizes the need for abundant resources. There are many services and groups forming to provide assistance, so it is only a matter of time before a real winning strategy becomes apparent for all of us to see. I believe that winning strategy will come from those who not only create the best music but who also understand how to form an organization to be embraced by those who create the music, first and foremost. I believe it can be achieved by providing a fair compensation model that is very much needed to fuel the engines for success.


In the meantime, the older models are changing to survive in this new environment. It only makes sense that the older models must compete on a more level playing field. Perhaps it is ironic, but I believe the older models are starting to look more like the newer models and the newer models are starting to look more like the older models. That is, the older models are now using Myspace and YouTube, while the new models must organize to compete with the larger budgets of the older models.