Archive for the 'music' Category

Does Elvis get a free dessert and song?

ELVIS PRESLEY’S BIRTHDAY!

My how the time flies! Is it possible that Elvis Presley’s birthday on January 8, 2010 puts him at 75 years old? Have you seen him today?

Untitled-1 To celebrate the life and legacy of the King of Rock ’n’ Roll many events and exhibits are on tap from Graceland to all across America. Through January 10th thousands of Presley fans will brave the bitter cold and fans head to Memphis, TN to join Lisa Marie and Priscilla Presley for Elvis’ 75th birthday celebration. Other celebrations too:

  • See the Elvis’ 1956 Model KH motorcycle at the Harley-Davidson Museum in Milwaukee, WI. How about this? Any visitor with E.P. style sideburns and sunglasses save $4 off regular admission.
  • Photojournalist Alfred Wertheimer’s Smithsonian traveling exhibition with pictures of a young Elvis debuts on January 8th at the Grammy Museum in Los Angeles, CA.
  • Cirque du Soleil’s Viva Elvis that premieres on February 19th at the new Aria Resort & Casino at CityCenter in Las Vegas, NV.

Other celebrations exist too.  Amazing isn’t it?

Is It Live or Is It… Just Music?

ampexI’ve recently returned to teaching audio at Houston Community College after a not-so-brief hiatus of some 20+ years. As I was preparing a lesson plan about microphones, I outlined in the lecture that recording and microphone techniques could be historically divided into two major categories: old-school & new-school. And inevitably, there was a crossover period where old school techniques co-existed with the beginnings of a new-school approach. And these disciplines coincided over a period well-known for memorable music productions known as the SIXTIES (in reality, 1955 to 1968 +/- a year or so).

Prior to the sixties, the goal of music recording was to CAPTURE a performance. Both theaters and music studios were meticulously-designed in regard to natural sound and acoustics. Levels and volumes were adjusted by the musicians themselves or by physical placement on the “stage” of the performance. The recordist’s goals were to embrace the sound as if the listener were present at the performance.

les_paul_03

Paul with his Les Paulverizer, another one of his inventions that amplified and multiplied sound to simulate a full orchestra, delighted 1950s America as a star of vinyl, radio, and television. His inventiveness in the recording process enriched electronics company Ampex using his designs to become the standard in professional recording throughout the 1950s and 1960s.

With the introduction of multi-track recording and large-format mixing consoles in the late 60’s, the new-school era of recording began. The process was conceived and developed by guitarist Les Paul in the 1940s with the  financial and inspirational assistance of Bing Crosby and the Ampex Corporation,Each musical part of an overall performance could be recorded until it was “perfect”. If a “group performance” was good, but the bass player hit a bad note on the 32nd measure, you could now go back and “punch-in” the correct note from the bassist. Isolation of all instruments became ultra important as each part became a “performance” unto itself. Each “track” had its own level & tone control as well as acoustic environment. Now, the recording process BECAME  the “performance.” This phenomenon has grown even more isolated, surgical and non-human in the present-day environment of digital workstations and virtual instruments.

In the SIXTIES… The first multi-track recorders (notwithstanding Les Paul’s research) appeared in 2-track & 3-track formats. Coming from a history of “capturing the performance”, the Rhythm Section of a song still followed the old-school guidelines in either mono or stereo (1 or 2 tracks respectively). That would leave one or two tracks open for a separate, isolated performance of vocals, string sections or horn sections – perhaps even a solo instrument. But the energy and synergy of capturing people playing together as a musical group was kept intact. In the extreme case of Phil Spector’s famous “wall of sound”, there would be two of every instrument – Two drummers, two piano players, two bass players, at least two guitar players & on & on – All playing simultaneously! The results were huge backing tracks full of energy, excitement, tone and acoustic space! And THAT is the magic inherent in the music of the period (and why recordings from that period continue to gain appreciative listeners, year after year, generation after generation).

dylan

Bob Dylan

Now I’m not revealing any startling new hypothesis here, nor am I addressing a subject that hasn’t already been reviewed or discussed by many before me. Presently, even music-as-a-career is currently in the middle of a old-school/new-school transition. But it’s always worthy to take a look in the rear-view mirror every now & then, especially in a discipline such as music where the career path to future success is so ill-defined.  We’re all in search of the magic energy of a hit song. And in a world that’s become increasingly virtual and synthesized, maybe some answers lie in mixing modern music methods with the true beauty of human group interaction. Is it live? or is it… just music.

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Are you Analog or Digital?

Are you in the analog or digital camp? In other words, do you prefer the sound of analog (LP’s) or the sound of digital (CD’s)?

Before you answer, let’s get geeky and look at some definitions and also a list of pros and cons for both types of recording:

 

Analog: An electrical signal that continuously varies in strength as related to some form of input.  

Analog Recording: A means of recording audio or video whereby the recorded analog signal is a physical representation of the waveform of the original analog signal. Some examples of analog sound mediums are vinyl records or LPs, cassette tapes, 2” 24 track tape, 8-track tapes, VHS tapes etc..

 

Digital: A reference to a system whereby a continuously variable analog signal is reduced and encoded into discrete binary bits that establish a mathematical model of an original signal or other information.  

Digital Recording: A method of recording in which samples of the original analog signal are encoded on tape or disk as binary information for storage or processing. Some examples of digital sound mediums are CDs, DAT tapes, Digital Betacam tapes, MP3’s, WAVs, AIFs, etc…

 
Blah, blah blah
analogueDigitalSo, an analog recording is a signal that’s actually stamped upon a recording tape or medium.
A digital recording is actually snapshots of the signal captured in intervals, much like a moving picture can represent action over time when the sequence of pictures are played back in sequence.
 
Digital one’s and zero’s are stored on mediums such as a compact disc or hard drives.  

  Now that we have a little background, let’s discuss some of the pros and cons of each:

Analog Pros

  1. It’s a an accurate representation of sound but is limited by the device and recording medium.
  2. Many people find analog sound warmer and more pleasing to the ear.
  3. Distortion caused by over driving the recording with volume saturation can deliver a more pleasing result than digital methods.

Analog Cons

  1. Recordings are susceptible to degradation.
  2. Copies of the original recording are noisier and more distorted. 
  3. Editing is more cumbersome and time consuming.
  4. The background noise of the media (tape hiss) and recording device become a part of the recording.

Digital Pros

  1. Easier editing.
  2. Duplicates are an exact copies.
  3. Noise floor usually exceeds human hearing ability.

Digital Cons

  1. Recording at too loud a volume results in a harsh unpleasant sound.
  2. Conversion from analog or one digital format to another must be done carefully to avoid loss of fidelity or gritty sound.
  3. Most people feel that digital recordings are colder or more sterile than analog.

listenOk, made up your mind yet? Did the techno-babble above change your position? Or are you more conflicted?

Let me throw another wrench at you. Most people, even most sound engineers, have a hard time differentiating between the sound of analog and digital. 

Take a few minutes to watch this Wired Science episode that ran recently on PBS and you’ll see what I mean. Audio Files Vs. Audio Files.

 

Tech Note: Analog tape saturation offers a natural compression, lowering the audio peaks causing softer sounds to seem louder, smoothing high-frequency content (cymbals) and boosting the low bass frequencies.

Ok, here’s my two cents worth – I prefer analog sound because it’s artifacts are more natural and actually pleasing to the ear. Analog distortion is warmer and more acceptable. But digital recordings are easier to manipulate and each copy is an exact replica of the original.

Today there are a variety of tools (Plug-ins) available to the audio professional that can add an “analog” feel to digital recordings.

It’s possible to get the best of both worlds, the ease of digital editing and the warm sound of analog. People will always debate Analog and digital recording methods. Today the best sound engineers use both.

Please post your thoughts and comments below. Look for a future blog entry on this topic including some wild stories …

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They Just Haven’t Improved on Them

From the time our pre-historic ancestors crawled out of caves, our ears have been pretty darn important. At first, they kept us from being eaten. Next, we used them to find something to be eaten. Then, they acaveman earsllowed us to communicate with others. Outside of the occasional thunderclap, things were pretty darn quiet for a long while. But something happened when first, gunpowder, and then, the industrial revolution, arrived: LOUD NOISES. If you use your hearing for business, as I do, or just for things like hearing the beautiful sounds of nature, you might want to do everything possible to keep them healthy.

It’s a noisy world and exposure to loud noises is one of the most common causes of hearing loss. Prolonged exposure to noise above 85 decibels can permanently damage your hearing. For example, the noise from power lawn mowers, tractors and hand drills are in the 90- to 98-decibel range. If you regularly encounter bulldozers, chain saws, ambulance sirens or jet engine takeoffs for a minute or longer, you’re also in danger. These exposures produce sounds in the 105- to 140-decibel range. And it’s not just power tools and machinery – Be cautious with iPods and MP3 players. Today’s portable music players can bombard you with a steady serving of sound as loud as 130 decibels.

bigearsThe September issue of the Mayo Clinic Health Letter offers some great tips to protect your hearing:

Wear hearing protection — The best hearing protection device is the one you wear correctly. Whether it’s earplugs or earmuffs, look for something that offers an airtight seal. Wear hearing protection around loud sounds, even when doing everyday tasks such as mowing the lawn.

Be aware of noise – We are so used to things being louder than necessary. Turn down the volume on TV’s or music devices. As a rule, if you can’t hear or be heard by someone within 3 feet, the volume is too loud. And be cautious with headphones — If you’re using headphones and the person next to you can hear what you’re listening to, it’s too loud.

Give your ears a rest — Alternate noisy and quieter activities. In addition to the intensity, how long you’re exposed to a noise can affect hearing loss. In fact, noise that ranks lower on the decibel scale, but continues for a longer period of time, may actually be more harmful than a high-intensity noise that’s intermittent.

It’s really just all common sense. If it hurts your ears, it’s probably too loud.

By the way have you HEARD this one?

An elderly gentleman had serious hearing problems for a number of years. He went to the doctor and the doctor was able to have him fitted for a set of hearing aids that allowed the gentleman to hear 100%.


The elderly gentleman went back in a month to the doctor and the doctor said, “Your hearing is perfect. Your family must be really pleased that you can hear again.”

The gentleman replied, “Oh, I haven’t told my family yet. I just sit around and listen to the conversations. I’ve changed my will three times!”

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Can Music Copyright Exist on the Web? Part IV

Battle Lines

“There’s battle lines being drawn… Nobody’s right, if everybody’s wrong.”
For What It’s Worth – Buffalo Springfield

image Now a rational person would surmise that REALLY – You can’t win. Copyright law was written FOR the content creators and copyright holders. But this hasn’t stopped an atmosphere of sheer insanity from developing. In the matter of Lenz v. Universal Music, a California mother posted a short video on YouTube of her toddler dancing to Prince’s “Let’s Get Crazy” for around 20 seconds. Universal, following guidelines from the Digital Millennium Copyright Act, sent a takedown notice to YouTube and YouTube complied. Case closed, right? – Oh No! Lenz sent a counter-notification to YouTube claiming “fair use” (see Part II of this series) of the copyright and demanded the video be re-posted. YouTube reposted the video and Lenz filed suit against Universal seeking monetary damages from them, claiming they had no copyright infringement claim! This case is certainly going to be one to watch…

To avoid copyright infringement when playing/streaming music on the internet, music licensing is the normal path to follow. But when it involves rate negotiations, normal gets thrown out the door. After becoming frustrated in negotiations with Google, Warner Music Group pulled its music videos off YouTube in the U.S. in December 2008. Then, in March 2009, frustrated with the U.K.’s Performing Rights Society for Music (PRS), Google took an equal & opposite approach and began random removal of major label videos first in the U.K., then in Germany. This prompted the ire of U.K. artists and music publishers to side with PRS and internet interests like last.fm to publicly side with YouTube. And in the midst of both actions, YouTube instituted a system that automatically removed unlicensed music tracks from posted videos before even receiving DMCA takedown notices. So add YouTube content posters and, no doubt, multitudes of YouTube fans to the unhappy fray. And it’s only a matter of time before MySpace, Pandora, and others enter into the fray. The whole affair begins to resemble the remark, “If momma ain’t happy, ain’t nobody happy!”

imageIf you’re thinking that progress is being made by either side, nothing could be further from the truth. The album release date, once sacred among major labels marketers and their artists, is now just gone. Album “leaks” have so saturated the internet, they have become “de rigueur” for any major music release. Indeed, tech-guru and Wired magazine editor, Chris Anderson, has introduced us to the “freeconomics” concept. But to rationalize that simply because your album is leaked (and based on that factor alone) that your sales will be greater, requires a great leap of marketing faith (and many other commodities and merchandise for-sale to the public). Anderson does make one primary point to ponder, “The moment a company’s primary expenses become things based in silicon, free becomes not just an option but the inevitable destination.”
http://www.wired.com/techbiz/it/magazine/16-03/ff_free

So where does all this leave us? My little dissertation here is not going to solve any problems where all the parties involved are behaving like out-of-control children. So what are reasonable solutions to this modern mess? For a moment, let’s review “the truths we know to be self-evident”:

From the moment a compact disc was able to be ripped into an mp3 and digitally transported to someone either via P2P networks or email, copyright and control of distribution could no longer be contained and controlled by traditional standards.

Taking property from creators, be they artistic, financial or both, without payment is theft. This is not really an arguable point from either a legal or social point of view.

The current and prevailing penalties for digital copyright theft on an individual basis, are unreasonable by any stretch of the imagination unless accessed at, or near, the lowest values statutorily allowed ($750 per infringement).

Laws are NOT going to be changed through the court system! Attorneys listen up and please quit wasting the taxpayers’ money!

ISP’s and file sharing networks can no longer turn a blind eye to thieves of intellectual property within their digital borders anymore than foreign trading partners can ignore the World Intellectual Property Organization (WIPO) within their geographic borders. Get over it!

Now can we consider some reasonable compromises?

imageUltimately, software can be written to not only monitor P2P file sharing infringements, but to remove/block them when they occur. You do not have to disconnect the violator from the ISP after 3 strikes, but if they become a constant pain in your backsides, maybe you’ll consider that!

Reasonable penalties will command reasonable respect for the law! After all, laws are the glue that we all agree to abide by to prevent chaos as a society.

The “rockstar” image cultivated by major labels has done irreparable harm to music and art. Musicians and performers need to be portrayed as the hard-working individuals they are. Major labels need to return to their roots, hire people who understand music and turn out quality product. And not just for young people – Boomers will, and always have, paid for the music they love! (Note to major labels – don’t forget who “brung you”).

Educate yourself! You do not have a god-given right to use anyone’s music for your home videos, especially when posted to the web! It is not Fair Use! In turn, copyright owners should consider making reasonable allowances for situational uses – It just might help them sell more product!

Now, can we all just get along? Nothing else seems to be working!

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Can Music Copyright Exist on the Web? – Part III

A Modern Mess

“The answer, my friend, is blowin’ in the wind… The answer is somewhere in the wind.”
Blowin’ In The Wind – Bob Dylan

stop And, indeed, answers to Music Copyright existing on the internet do reflect prevailing winds. I’ve attempted to complete the third part of this series since April 2009, and every time I felt I had a succinct conclusion, the winds changed direction. And many facets of this debate will change after this article has been finished and posted. But much like the swing of a pendulum, it’s the back & forth shifting that began to make sense and explain the modern mess that currently surrounds copyright law issues.

As discussed in Part II, the historical legal precedents for copyright infringement carry stringent federal statutory racketeering charges involving the possibility of both criminal and civil penalties. With legislation introduced in the latter part of the 20th century, Congress sought to loosen hard-clad exclusivities of the author’s rights over their creative works. What Congress didn’t see coming was a computer revolution that gave everyday people the ability to quickly and easily violate copyright statutes before being aware of the law itself! And record companies didn’t invite public sympathies as they built irresponsible rock-star images for themselves and their artists (Many of these artists were actually broke after the record company “dole” ended).

Year 2000 was not only a new decade, a new century, but a new millennium. And the expected chaos of that date change, for the most part, came and went unnoticed to most of the world. But to the RIAA and the record industry they represent, it WAS the feared meltdown. The Digital Millennium Copyright Act (DMCA), passed in October 1998, tried desperately to stem the free-flow of mp3’s by introducing Digital Rights Management (DRM) protections with the net effect of trying to extinguish a four-alarm fire with a garden hose. The greatest harm came from a file-sharing network launched in June 1999 named Napster, who foreshadowed the present-day loss of product distribution control. In fact, there was peer2peer a period of debate over whether Napster was actually GOOD as a promotional tool for record sales (in one form or another, this debate continues today). Somewhat ironically, the RIAA filed suit against Napster on Pearl Harbor Day, December 7th, 1999, but did not  gain an injunction to stop file-trading until March of 2001. But the stage was set. Subsequent Napster-imitation platforms proliferated in various guises like eDonkey2000, Kazaa and The Pirate Bay, to name a few. And peer-to-peer (P2P) download technology was vastly improved with the BitTorrent protocol, a distributed-data method whereby a single file can be pulled in parts from many peer computers.

Loss of control of distribution is a knife to the heart of everything that copyright law holds sacred. In this new millennium, there was no one better to pursue copyright infringements on behalf of the record companies, distributors, music publishers, artists and copyright holders than the RIAA, who touts themselves as “the trade group that represents the U.S. recording industry” and whose mission is “to foster a business and legal climate that supports and promotes our members’ creative and financial vitality.” Since 1999, the RIAA has initiated lawsuits against file-sharing networks, portable audio device manufacturers, internet service providers, colleges and universities, as well as numerous individuals who either posted, downloaded or provided assistance in the illegal transfer of music files. Because of in-exacting methods used to identify infringers based on ISP identification of an IP address, the RIAA has embarrassingly sued dead people as well as people with no computer at all.

Early this year, the RIAA announced that it was no longer going to pursue NEW cases against individuals and announced a new campaign of cooperation with Internet Service Providers world-wide based on a “three-strikes” doctrine of notifications to violators, then disconnection of service upon the “third strike”. One major problem – No negotiations had taken place and no ISP’s anywhere were on-board with the RIAA’s plan. To say that the response from ISP’s has been mixed would be an exaggeration. So far, only the French and Irish governments have expressed what could be termed as a momentary interest in the plan and there have been outright rejections from New Zealand, Norway, Germany, and Spain while most state-side providers have simply denied knowledge of any such agreement.

Copyright Protection Meanwhile, the RIAA continues to win previously-docketed cases in the U.S. In the matter of Capitol Records v. Jammie Thomas-Rasset, the Minnesota single-mother of four was ordered to pay 1.92 million dollars for infringement of 24 songs posted to Kazaa (Before you get outraged, consider she was offered a pre-trial settlement for less than $5000). Arista recently prevailed against Usenet after a long, drawn-out battle. And why shouldn’t they? The attorneys representing these clients somehow think that a court, somewhere, somehow, is going to change punishments that are statutory ie. they are written into the law! These attorneys are barking up the wrong tree – Laws are changed by CONGRESS, not the courts! In the matter of Sony BMG Music v. Tenebaum (a Boston University Grad student facing 30 infringements), the U.S. Department of Justice ruled that statutory damages sought by Sony ARE constitutional because of THE LAW (from $750 to $150,000 per infringement). My friends, you can argue all you want, but until you change THE LAW…. You’re just wasting everyone’s time and money.

On the international scene this past April, Sony Music, Warner Bros., EMI Music and Columbia Pictures prevailed in a Stockholm district court against Pirate Bay, a Swedish-based BitTorrent P2P who had defiantly thumbed its nose at major labels for years. The fines accessed were $3.56 million dollars and the principles, each sentenced to one year in prison, remain out of jail only due to the appeal process and recently sold the company. With precedent at hand, at least two other countries are now set to launch further suits against PB. Semi-ironically, Sweden recently passed an anti-piracy law, IPRED, requiring ISP’s to reveal the identities of repeat infringers.

*Part IV of this article

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Can Music Copyright Exist on the Web? – part 2

Can Music Copyright Exist on the Web?
Part II – Then & Now / What’s the Difference?

copyrightBefore we go further in this series, we must understand that Copyright Law is constantly evolving in a strange, congressional law and litigation-based balancing act, either advancing or subtracting from a creator’s exclusive right to control an original artistic or scientific (some add technological) work. Four decades ago, most music copyright legal issues were confined to three areas: Counterfeit Duplication, Unauthorized Usage and Plagiarism. With counterfeiting, duplicators would crank out thousands of illegal copies of records and tapes and sell them to black market distributors. Most of this product found its way to countries with little or no copyright enforcement as well as some rural areas of the U.S. Federal penalties were quite strict and prosecuted under racketeering (RICO Act), whereby civil and criminal punishment came in a packaged bundle: up to 20 years in jail, $25,000 fines and seizing of all physical assets attributed to the criminal activity. After frequent FBI crackdowns in the late 70’s, most piracy relocated to Southeast Asia and China where it transitioned to compact discs in the 80’s. It was not significantly curtailed until the 1990’s when the U.S. made “protection of intellectual rights” a global trade issue.

Unauthorized Usage, for the sake of this article, is referred to as the unlicensed utilization of a copyright – Think of it as a violation of the “all rights reserved” portion of copyright. The creator of the song, or “songwriter”, has a “reserved right” to control the placement or New Use of the song in, for instance, a movie or advertising. Plagiarism refers to the intentional or negligent representation of the words, ideas or thoughts of others’ works as one’s own. In these type of violations, some were handled with “cease & desist” orders, others sought monetary damages (civil actions) and more severe prosecutions even included property seizure. What can’t be emphasized enough is that in every aspect of copyright infringement, some part or right of that intellectual property creator is stolen – And theft is a criminal act!

These were fairly straight-forward crime/punishment standards (or “bright-line” rules as statutory law would dictate). Now let’s interject two pieces of legislation and a lot of “gray area” (reference “balance” and “evolving” in the first sentence). The “Fair Use Doctrine”, derived from the Copyright Act of 1976, and the AHRA (Audio Home Recording Act of 1992), which amended the Copyright Act of 1976. Both introduced a substantial variance to copyright “exclusivity” and, perhaps for the first time, a great deal of confusion and misinterpretation in the public sector.

The Fair Use Doctrine sought to balance the “public interest” with the author’s “impetus to create”. New permissions were “granted” regarding a copyright’s use in academia or research, satire/parody, news reporting and reviews/critiques (granted is used in quotes as permissions are born mostly from court decisions). This new, “balance scale” introduced 4 criteria to consider for “fair use”, but no single factor was to produce a determination:

  • scales-sound1Purpose & character of use – noncommercial or educational purposes
  • Nature of copyrighted work – informational or creative, published or unpublished
  • Amount of work used in relation to the work as a whole – no formula
  • The effect of the use upon potential market or value of the work – extent of harm

The “scale” set forth a fluid legislation, with no exact rules, that sought expanded public “use” of an author’s work, a subtractive standard to the owner’s “exclusive right”. And in classic-American legislative framework, ultimately “standards” are decided in the courts through litigation. In fairness, this format insures the law is never static and is ever-evolving (and something to consider if you feel judicial appointments do not affect you), but it’s a far cry from the clear standards of the past.

Outside of “limited” use in education and journalism, one of the more striking precedents from the Fair Use Doctrine resulted in popular music parodies. In Campbell v. Acuff-Rose Music, the U.S. Supreme Court found that in all 4 balance criteria, 2 Live Crew’s production of Roy Orbison’s Pretty Woman did not violate fair use provisions. As a result, we have protection for the works of Weird Al Yankovic in today’s popular music (even though he claims he always asks both artist & publisher for permission).

But IMHO, the dominant feature of the Fair Use Doctrine is rarely discussed – its profound penetration into the public’s everyday language and, unfortunately, everyday misinterpretation! This new idea of “fair use” for copyrighted material set the stage for many of the music issues we face today. And for the first time, a generation raised from the ‘60’s “revolution”, felt compelled to use technology to exceed the de facto music standard of the time, the vinyl record. Certainly making a tape copy of a purchased record might seem fair, but that was never the doctrine’s intention. Even Marybeth Peters, the Register of Copyrights, admitted in a recent Nate Anderson article, “fair use itself is often ambiguous unless defined by a judge.” http://arstechnica.com/tech-policy/news/2007/05/fair-use.ars
An entertaining list of misinterpretations can be found at the following web locations: http://en.wikipedia.org/wiki/Fair_use#Common_misunderstandings
http://www.copycense.com/2006/03/demystifying_fa.html

musicWith the Audio Home Recording Act of 1992 (AHRA), which amended the Copyright Act of 1976, Congress attempts to resolve “home taping” and pre-internet digital recording issues. The act allowed the much-delayed arrival of Digital Audio Tape (DAT), Philip’s Digital Compact Cassette (DCC) & SONY’s minidisc into the US by defining the relationship and royalty rates between blank media/device manufacturers and the content industry. In regard to “home taping”, the act states in section 1008, “No action may be brought… alleging infringement of copyright… based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings.” What congress intended was to legitimize the copying of a purchased record or cd for the sake of portability in the same sense that consumers could copy broadcast TV on a VCR for time-shifting. But consumers read “noncommercial” as not for sale to the public, though Congress clearly states later in the amendment “not for direct or indirect commercial advantage.” By no means did this amendment legitimize the copying of content just because you did it “at home” or didn’t “sell copies to the public.”

These two pieces of legislation set an air of public confusion regarding copyright law in the years prior to the dot-com explosion. It was the dawning of a new era whereby consumers, for the first time, could shift content from one media to another, almost at whim. By allowing the concepts of “fair use” & “home taping” to misconstrue in the public consciousness without education about their real-world implications, these laws allowed misinformed music seekers to form a culture of disdain for the rights of content creators and set a troubled foreshadowing to the present-day copyright ruckus which we examine in Part 3 of this series.

*also see Can Music Copyright Exist on the Web? – part one

What baggage charges?

baggageIn its current ad campaign, Southwest Airlines makes fun of their competitors charging extra fees for checked bags, window seats, aisle seats, snacks, curbside checking in, and fuel surcharges. This smart marketing allows Southwest to differentiate itself from other airlines. (See this article from aviation website Flightglobal.) While their competition is defending the need to pass along “extra” or “ancillary” charges, Southwest Airlines can successfully price its flights without charging for all the extras!

 Production Project Pricing

There are few of us out there who don’t feel we’re being nickel-and-dimed to death by most services these days. And while billing by the hour is palatable for some, even law firms are exhibiting a willingness to change. Most Agency and Corporate work now expects a fixed-cost project price because it “sets” the budget. And with the economy causing budgets to further tighten, I expect the hourly rate to rapidly disappear.  At Sound Works, we have been moving toward a flat-fee project price for years.  We invite our clients to communicate with us when setting up their budget.  Changing billing practices can not only create more teamwork on the job, but generate a win-win partnership for the customer and production company.

by Dwight Cook

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YouTube ~ automated removal of unlicensed music

There is a recently posted article on the MediaSlap.soundworks.com blog about copyright “Can Music Copyright Exist on the Web? – part one” with a few good comments too. 

youtube robotNow YouTube has picked up a big hammer in enforcing the music rights. Have they unleashed a robot to listen for unlicensed music within video posts? 

If people who post won’t behave – they need to watch out for the falling hammer! Read “YouTube institutes automated removal of unlicensed music from posted video” by Gordon Firemark

Let’s honor the creative talents of artists and join in to actively protect intellectual property.

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By Dwight Cook

Why Monkeys Are Better at Selecting Music

“Why Monkeys Are Better at Scheduling Music”
by Todd Zarnitz

radioWhy do people hate radio? Is it an image problem? It must be! We research the music listeners want to hear, and then we rotate the songs through the day. And the cost to the listener? Totally free of charge! We should be the most beloved industry on the planet.

So what is the problem. Not enough new music? Not enough deep cuts? Not enough personality between the records? We have tried to address all of these areas, with overwhelmingly poor results.

The actual problem is two-fold. And the solution will knock your socks off.

Problem one: the DJs cannot access the music. DJs can interact with the audience between the records, but they cannot play a request or play a song that fits into an immediate conversation. Scheduled music makes this kind of interaction difficult, if not impossible.

Problem two: by scheduling music we are making radio far more predictable and repetitive then we ever imagined. I will prove it with math.

MUSIC DISTRIBUTION

If you forgo music scheduling and let the DJs pick the music, what will happen? Songs are going to start coming up at random. You will not see a nice song/artist exposure crosshatch in Selector, that’s for sure!

However, the random DJ spins will still produce an even artist/song impression across dayparts. What??

Take a 10 x 10 inch piece of paper and draw some type of random blob. Now, tell me how many square inches the blob takes up. Ouch! How are you going to do it? I bet you wish you had drawn a nice even square.

One way to find the area is to grab a ruler and draw a square around the blob. Calculate the area of the square (height x width, dummy!). Now between the square and the blob start drawing smaller squares. Subtract the area of the little squares from the big square, and we start getting closer the to answer. These are the basics behind calculus. It is insanely complicated and now my head hurts.

Let’s try another approach. Find a monkey and make him throw darts at your piece of paper. Add up the number of darts the monkey landed on the blob. Take this number over the total darts thrown, and multiply it by the area of the paper. You now have the area of the blob.

Total area of the paper = 100 square inches
169 monkey darts hit the blob, 1000 total monkey darts thrown on paper
100 square inches x (169/1000) = 16.9 square inches of blob

We have just utilized the Monte Carlos method. The Monte Carlos method was advanced during the development of the hydrogen bomb at the Los Alamos National Laboratory and has become popularized in the fields of physics, physical chemistry, and operations research. [1] The key to the math is simple: random patterns will produce an even distribution across a target area.

The implication for radio is staggering: If you pick songs at random, they will automatically distribute themselves evenly across the dayparts.

PROGRAMMING PLAYING CARDS

Let’s program a radio station, not with music, but with a deck of playing cards.

Here are the rules:
We draw five cards every hour.
the Rank of the card (2 through ace) = artist
the Suit of the card (spade, diamond, etc) = song

This is a pretty hot station. There are 13 artists and each artist has 4 songs.

The goal is to give each artist an even distribution throughout the day. We will try two methods. 1) Scheduling the cards, and 2) letting a monkey pick the cards at random.

For simplicity, we can ignore the suits. For every card that comes up, we will just assign the next song from that artist’s four song rotation.

CARD SCHEDULING

Let’s try to schedule the cards. Keep in mind that we want an even rotation for each artist across the day. First, I am overwhelmed by the complexity of the task. Take a minute before continuing to figure out how you would attack the problem.

The best method I can come up with is an artist schedule that cascades down the day.

http://spreadsheets.google.com/pub?key=p2Xd4yhCK5X31BOKg4JfeZQ

You can see that we have achieved a nice even rotation for each artist. But there are huge problems.

Patterns keep repeating. Look at how many times the 4 and K card come up in the same hour. Even more surprisingly, look at how many hours the Q, 9 and 6 cards come up together! Find the J card, and see how many hours are followed by the 2 card…

Look at the embedded patterns. At the bottom of the spreadsheet I have graphed the distribution of the King card for the week. As you move down each hour, the accumulated 5 day King card exposure repeats back and forth between 3 and 1 spins.

Words that come to mind:
Predictable. Boring. Repetitive.

MONKEY POWER

cymbal-monkeyNow shuffle the deck and let a monkey draw 5 random cards for each hour. After the 52 cards run out, re-shuffle the deck and put the monkey back to work.

We have an immediate problem. On average, we end up with a pair of cards every four hours, a three-of-a-kind every 70 hours, and a four-of-a-kind every 1700 hours (once every 3 months).

Since we do not want more than one song by the same artist in an hour, let the trainer help the monkey by moving a repeat card either up or down by one hour.

http://spreadsheets.google.com/pub?key=p2Xd4yhCK5X0U72ivS_0hMQ

What are the problems? The artist impressions seem to bunch up occasionally. But how big of a problem is this? Which is more dangerous: an artist bunching up down subsequent hours or across the week on the same hour?

I have graphed the King card impressions at the bottom of the spreadsheet. Look at the K exposure across each hour after 5 days. Is this more even or less even than you expected? Now look at the King card impressions per daypart and compare it with the scheduled station. Over a short amount of time, everything starts to even out.

Words that come to mind:
Unpredictable. Interesting. Complex.

SCHEDULING vs RANDOM

Both models are working with the exact same deck of cards. The music is just as tightly controlled. But look at each day!

Compare Monday on the scheduled station with Monday on the random station.

On the scheduled station, how similar are Monday and Tuesday? The days are almost identical! Can you spot any similarities between Monday and Tuesday on the random station? There are none.

Which station would you rather listen to?

ECONOMIC REALITIES

How much time do we invest in scheduling music? If you spend 3 hours/day on Selector, here is the breakdown:

15 hours a week
780 hours/year
97.5 days/year (workday = 8 hours)
20 weeks/year (work week = 40 hours)
5 months/year

All this effort to produce boring, predictable radio?

Meanwhile, by picking the songs at random, we could be producing an exciting, unpredictable and complex rotation that also ends up exposing the songs evenly across dayparts.

monkeyCONCLUSION

Give the music back to the monkeys. They do a better job.

footnotes
[1] http://en.wikipedia.org/wiki/Monte_Carlo_method

by Todd Zarnitz

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