My response to Sybil of FM First Monday in the UK

12 02 2010

(This is an excerpt from today’s update to PERFORMING SONGWRITERS UNITED WORLDWIDE (PSUW) on Facebook here: http://www.facebook.com/group.php?gid=110532175707&ref=mf

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BLOGGER TO BLOGGER…ON OWNING VERSUS STREAMING MUSIC

I share my response to a UK-based music biz blogger/activist/artist Sybil of FMfirstmonday.com (a link that goes nowhere, thus far).

Her newsletter this week touched me at a point when I was grieving the loss of my friend and web designer Dan Nash (as I told you last week) and as I was considering the future in Doha, Qatar (where I am moving in September, as I also told you last week).

Beware the bee-u-tee-ful linguistics:

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SYBIL:

Hello, good evening and welcome

I’m a bit of a purist me. I don’t like adverts on the radio. Not mad keen on the TV either but at least it’s a good time to pop to the loo or make a brew. But when I’m listening to an album, I don’t want to have the album I’m listening to interrupted but over excitable pseudo funny people telling me how I can’t live without their car/bank/snack. Which mostly I can.

It’s why I’m a big fan of BBC radio. I know I’m only going to get one song at a time. And there will be talking in between. But I know when it’s coming and mostly the DJ’s banter fits in with the time of day and style of music. Radio 6 being my station of choice for daytime and hallelujah for the arrival of Lauren Laverne who was on top form in today’s show (her arrival made all the better by bumping off George “Stratospheric Ego” Lamb). And Radio 3 or Radio 4 to kick the day off or bring it to a close. Anyway, advert free stations with ego-less DJ’s – that’s what makes BBC Radio so good.

Then I got into Spotify. I gave up within a week – because I hated the adverts. Not just that they existed but that there were, when I first joined last year, only about 3 different ones on the whole system. Repeated endlessly. Like audio Groundhog Day – painful.

But I wasn’t flush enough to keep buying new music and I wasn’t getting any freebies (ahem – subtle hint there) so I decided to give it another go as I wanted to hear what was new. And I’ve lasted longer this time. They have a very small number of new ads so it’s only slightly less painful than before. But I still hate the interruption. And, yes, I know I can pay a £10 for an advert free service but I’m not in the market for that. Because most importantly, I won’t own any of the music. Which is what’s important to me.

But last weekend, I got some money back from HM Revenue and Customs. Result! Not enough for a holiday you understand. But enough to think I could treat myself. So, I bought an album online I’d been listening to on Spotify. And wanted to hear without interruption. It was Fever Ray. And if you haven’t yet got involved, I strongly recommend you do – it’s utterly stunning (thanks Henry for the recommendation) http://feverray.com/. Thing was, I was so caught up in the music buying process, I ended up buying 6 more albums whilst I was on the site (all £5 or less apart from one current release).

Am I just old school? Is this what is meant to happen? I don’t want just to stream my music. I want to own the stuff I really love. And I will pay for it. I don’t file share – I actually don’t know how to. If someone lends me an album to listen to, if I really like it, I’ll buy it. I don’t think I’m alone. I hope not.

Because as long as we are buying music, our business will survive. All of it. The artists. Writers. Pluggers. Agents. Managers. And until such time as people decide to give us houses, clothes and food for free, people need to be paid for things they do to buy the things they need.

Just thought I’d share.

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ME:

Sybil,

I’ve enjoyed this post, more than many, and I think it’s because you touched a nerve today – I RELATE COMPLETELY with this idea of owning my own music, but also finding it a bit of a struggle to prescreen enough music to KNOW what I want to own. I’m busy. We’re all busy. We’re all f*ckin’ busy. And listening to music, much of the time, has become a chore. How gross is that? Except when I’m driving. Then the radio takes on such a significance, and I am frustrated as hell because I don’t know (now) where BBC Radio 6 is on the dial, but you’ve got me promising myself I’ll look. I love the radio, and hate it. For the obvious reasons: I love it because I’m listening at a time when I’m dedicated to only multi-tasking two things, not five. I can concentrate on what I’m listening to, and it gives me pleasure. I hate it because I have to keep flicking the station to hear good music ‘all’ the time. And when I really get fed up, I put in my iPod, though I’m lazy to upload songs these days, and so that feels ‘old’, the selection there.

Back to your point. I relate to you, and don’t know how many others do, but I suspect a lot. We are ALL sick of commercial interruptions. I’m becoming RABID about it now. And I, personally, want to own my music. Streaming, for all of its strengths, just creates another technical hazard to maneuver. I’m sick of learning new tech things. Well, la di da. That’s the way of the world. But I know I’m not the only one somewhat struggling to un-plug. I want my quality of life back, and some days I find myself deliberately thinking: it ain’t on the ‘net. But it isn’t in the past either. So, I get very Buddhist in my perspective, time out for a bit, [consider the moment], then come back fresh.

Your post was like talking to a friend. I thank you. Your letter…cuts to the bone for me. Through all the above bullsh*t, the bottom line is: I love my CD, and I love a good CD by others. Finding the damn exciting ones is the problem/challenge. There…we have no answers. But maybe TV and radio still have relevance there. For me, they do.

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AND A SIDE NOTE, RE. PERFORMING SONGWRITERS UNITED WORLDWIDE (PSUW) AND OUR CAMPAIGN FOR SONGWRITERS

The 2010 goal for PSUW = 10,000 members. We’re at 2830+, and at 10,000 we will be providing an additional resource (TBA) for this group that I hope will serve you. Thank you for spreading the word to friends and local organizations for songwriters.

As my tour guide in Agra, India said to me when I walked through the gates towards the Taj Mahal…

“Feel da love.”

Lorelei Loveridge
Founder/Rabble Rouser
Performing Songwriters United Worldwide (PSUW)
http://www.facebook.com/pages/Lorelei-Loveridge-World-Travelling-Songwriter/142530793312

(To know me, please join me on my Facebook page, above, and say hi. I welcome authentic requests for friendship.)





On the future of the corporate music industry…my response to the debate

17 01 2010

A MEMBER OF PERFORMING SONGWRITERS UNITED WORLDWIDE (PSUW), SOUNDMAN AND OLD FRIEND FROM EDMONTON MIKE TULLY, POSTED ON OUR FACEBOOK GROUP WALL THIS LINK ON THE FUTURE OF THE CORPORATE MUSIC INDUSTRY THAT PROMPTED A VERY LONG RESPONSE FROM ME. SO HERE GOES:

http://a2f2a.com/2010/01/07/if-you-cant-beat-em-join-em/

MY RESPONSE, A WEEK OLD NOW:

Provocative, starts and ends strong but is over-heavy with empty cheer-leading rhetoric in the middle…it lays out some key but OLD arguments that, frankly, most ‘educated’ working artists (and maybe I over-estimate how smart and experienced and well researched we are) already know. We know the 4 major labels and what they do and represent are hugely problematic, to say the least, for artists. I am so bored of this constant reference to the fact that ‘labels’ are dead, when independent labels continue to still thrive or at least survive while chaos is underway.

Chaos theory tells us that out of chaos eventually emerges order, and it’s not imposed from the top but rather it comes rather organically from the elements and parties actually thrust into that situation. But back to labels. Let’s take Putamayo for an example, or Rounder. Not that they haven’t been hurt or aren’t hurting, but…seriously.

I’m bored with the argument re. the ‘labels’. Labels are not evil. Many powerful statements and highly interesting statements re. copyright that were hard to argue, except there was a pendulum-like thinking re. copyright extensions past the death of an individual. It is accused that those who advocate copyright are confused about whether or not they believe in ownership of intellectual property…because the laws allow for a release of such property to the public domain 50-75 years after an artist’s death. Well, we all know the reason for that – the intent was to give a legacy to the family of those artists, hence a compromise between the individual and society. So, there was some flawed attempt to sway the argument there, in my mind.

These are just a few thoughts that rip out of my mind after reading this article. I can say with all respect that there’s an agenda being pushed here, of course, and this all reads as just one more manifesto to just gain publicity for those who are trying to keep their heads above water. Shame on me for thinking that, but I do. The powerful aren’t just the labels. They are the many individuals out there who run around in this business acting like they give a sh*t about everyone else, when in fact they/we are looking out for ourselves.

My faith rests with the individual artists, and to that end I credit each and every one of us for having the faith to…make order out of chaos. Speaking with Donna Marie (one of the officers of the PSUW group today, that thought came to me, and became clear as mud in my mind. Yes, 2010 feels, as DM said, like a good number. And as the Queen of England said, 2009 feels like a year for many of us to forget. It was a hard year. Artists are better equipped, as is the world, to deal with the bad news that is now part of the makeup of this era, generation, period of our collective human lives. So, while the record labels and powers that have money and influence may not solve our problems…re. downloading and loss of income in not all aspects of the music ‘business’ (another flaw with the argument laid out) but in the 1/3 that is the ‘record business’ or recording industry…individual artists will be the ones to begin to ‘create order’ in their own lives.

How? Because they are more educated to the ways of the world, artists will have more savvy re. how to record cheap, market cheap, and reach out to fans in an authentic way. Because authenticity is it. Gimmickry won’t go away, but authenticity is ‘it’. And one fan at a time, as Chuck D of Public Enemy said to me at Midem 2008…will also be ‘it’. Artists have finally started to realize that they have to work together, because no sugar daddy or mama is going to come along and dole out lavish recording or marketing budgets. (I personally think that most artists stupidly continue to choose ego over success by dividing their energies, and duplicating them, when collectivity can have far more reach. Or maybe it’s just that hard to find your clan and kindred souls. It should engender some respect then for record labels that actually have assembled teams and worked according to a mission. I’m not talking about the major labels here, either, the pigs.)

Order will emerge from chaos, and it’s laughable to think that we’ll have a timeline of 5-6 years to see the entire recording industry collapse, or even 11-12 years, but then again…intuitively it feels about right. It seems that that is about the amount of time it will take for file-sharers to actually wear down the establishment. And legal beagles will finally hash it out with internet service providers, governments, and the influencers of people’s opinions – the media? – as well the artists to convince us that copyright is dead or useless, and we may as well convince ourselves, and the world, that ’tis better to charge and pay a fee for downloading and set up those systems in place to distribute the money to owners of art.

There are so many things here that are not mentioned, and I believe that is the intent of the authors…to flag up discussion. So, I urge us all to read this and read it carefully looking for the missing angles and arguments, and then to think and talk and vent and reflect.

One thing that sticks in my craw as a last thought before I stop is the notion that musicians are hypocrites for suggesting that theft of their finished works is equal to the use of an idea or kernel of another idea to build up a new body of art. Again, more emotional rhetoric. We are required to pay for the use of samples, or ensure that they are unrecognizable in the song. Blatant use of material may go on, but as long as there are laws in place, there are limits. Is that a bad thing?

We can choose to enter the jungle of lawlessness, and that’s a choice…to choose to go into the unknown and minimize the limits of possibility. That could be very exciting. It could also be the death of us all, or the death of some very good things that simply aren’t even talked about here. And what are they?

Rather than my continual expounding on this, I leave you to contemplate…what good there has been and what good there is in the current state of affairs in the music industry today.

Performing Songwriters United Worldwide (PSUW) on Facebook:
http://www.facebook.com/group.php?gid=110532175707&ref=share





An open letter to the members of Performing Songwriters (United Worldwide) on Facebook

7 01 2010

THIS IS TAKEN FROM A FRIDAY UPDATE TO THE MEMBERS OF A FACEBOOK GROUP CALLED: PERFORMING SONGWRITERS (UNITED WORLDWIDE)
http://www.facebook.com/group.php?gid=110532175707

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Dear Friends of PSUW:

This is a response to a TALKBACK thread posted here (join in):

WHAT IT MEANS TO ME TO BE A PERFORMING SONGWRITER
http://www.facebook.com/topic.php?uid=110532175707&topic=12599

And for those of you who don’t know me and wonder why this is such a personal sharing, you might want to know I have worked hard at my career and accomplished a fair bit in the time I’ve been at it. I’m proud of that. A proper introduction/summation here:

http://www.sonicbids.com/loreleiloveridge
http://www.loreleiloveridge.com
http://www.myspace.com/loreleiloveridge

Now, into this question of what it means…

I will be candid enough to say that, at the start of 2010, I am in a place of disorientation about what it means to me to be a songwriter. That should not be such a surprise, as the external environment (the music business) reflects back to the internal environment and perhaps impacts it, mirrors it. (And vice versa. We absolutely have the power to impact the environment with our thoughts and actions. Hence, some deep thinking.) Things are not as easy today as they were back when I got started in my twenties. I hit the open mic circuit in Edmonton, Canada, and one thing led to another. Contests. Recordings. Attempts to break the folk fest circuit at a time when it was clear that festivals were the new and best ways to break artists in my country. It wasn’t easy, but it was wild and good fun. I chose one fork in the road while another former artistic colleague of mine chose to head to NYC and pursue her career there, with family connections supporting her. And somehow, without getting into the details of it, I can see we’ve reached similar places. The rest of life has also seeped into our processes of being performing songwriters. Hmmmmmm.

Looking back over two decades (am I really admitting that?), I can say I entered this process of being a ‘performing’ songwriter…naive, green, hopeful, optimistic, determined, passionate, excited, eager to know more. A lot of things happened that prompted my move to the Middle East and then my desire to stay for over a decade. Returning to the idea of embracing this as a career, which was always what I had hoped for and wanted and, to some extent, worked at…even if people – journalists, reviewers, etc., and mostly Canadian, damn them – kept flagging up in my face that I was a ‘teacher first’, my passion was always the music (were they not taking me seriously? it sure felt that way)…returning to this a second time in my life at 42 now, not 22, I have a different view of things, long and wide.

I’ve released two albums, been to conferences, talked to a lot of people, played a lot (paid to play and been paid to play), been my own booking agent, been my own manager, signed deals, had them broken, etc. etc. etc…I’m far less naive, and actually being in the trenches and working at it I’m far less naive than ‘less naive’. Yet, I still don’t know enough and I could hardly lay claim to know it all. I don’t. My knowledge is limited, and the industry’s current situation is so confusing even to the veterans that at least I can take some comfort there. We’re all in a muddle.

What have I lost? Some naivety. That is probably a good and bad thing. It’s good to know what you’re getting into. It’s bad to lose the energy behind innocence. Innocence breeds hopefulness, because you don’t know the ugliness of what you’re going to face. And there’s a lot of ugliness. I’ve got to quote this misquote again: “The music business is a cruel and shallow money trench, a long plastic hallway where thieves and pimps run free, and good men die like dogs. There’s also a negative side.” (An adaptation of something Hunter S. Simpson said about the TV business – LOL; http://urbanlegends.about.com/od/dubiousquotes/a/hunter_thompson.htm ). As a ‘performing songwriter’ who wants to make this a career that earns a living, however modest, my expectations exceed that of those who do this for a hobby, however cherished. I’m not there. I would be pained to accept this as a hobby only, even if it were my most favorite pasttime. It’s not enough. Why? I ask myself that, daily.

So, with a lot less naivety and at times a lot less blind enthusiasm, I am left with who I am and where I am today. What is that? That is the golden question.

What does it mean to me to be a performing songwriter today? It means I am honoring a deep inner calling to something I don’t fully understand. Putting that aside, when I am not working on this as a business venture, it is good fun when I stand on a ‘good’ stage and perform for an audience that is big enough or caring enough, however small, to show me they like my songs. That need to be appreciated is something very specific to those in the business of performance. I don’t understand it fully. But I know it exists. We don’t perform in the bathroom. We perform before others, to both give and receive.

What does it mean to me to be a performing songwriter? It changes daily. Some days it means I get to exercise the parts of me that wants to be and loves being an entrepreneur. I find business stimulating. The music business is both that and frustrating. But when it’s fun, by god, it’s fun. I think I’m a big kid in this body of mine. But there’s an adult mind co-existing there. And doing business in a playful world is a strangely satisfying thing, in some ways. It is.

Being a performing songwriter is a choice I’ve made, and one I could un-make, and I’m aware of it, and I’ve thought about it a few times in my life. We all have that right to choose. It is a life sometimes compartmentalized into parts – some days, I write songs; what pleasure is in that? – some days, I stand on a stage; what pleasure is in that? – some days, I call promoters and am one; what pleasure is in that?

Let me expand on this point. Years ago, I saw a good therapist who gave up a going music career as a classical/Flamenco guitarist to be a psychologist, and she asked me: “Lorelei, what parts of being a musician do you love and hate?” Good question and one born of experience, no doubt. It altered my view of this forever, in a good way. Another time, in the midst of a personal growth intensive, I thought I would break through my fears and did a rock climbing course, and was the best at it. I hadn’t broken any fears at all. I mused later to my therapist that perhaps I might jump out of an airplane and parachute down…as a way to break through my fears. This wise woman then said to me, “Perhaps. Or perhaps you might pick up the phone and call those in the music industry that you have been avoiding.” I got it. That would be another way to break through fears. Being a performing songwriter is, in addition to everything else, about breaking through fears for me.

It’s about breaking new personal records, too. It’s about holding myself to a level of personal accountability in achievement that I think many people (and that includes myself sometimes) do not know the first thing about. I have a friend who is an actor. I see what goes on in her mind, and I see how she takes care of her body and health. I see how she balances (and it isn’t always in balance) her relationships and external-internal efforts to connect, network, and…still do ‘the work’ of an actor. It isn’t much different for me as a songwriter. It’s about being the best i can be…at this. And that’s an interesting challenge.

It’s also about legacy. It’s about saying something because I have the need to say something meaningful – don’t ask me why. And it’s about leaving it behind to touch others – don’t ask me why. I’m compelled in strange ways.

What else does it mean to me to be a performing songwriter? Some days, I don’t know. Other days, I do. It’s about friendship, comraderie, growth, internal whisperings, art, beauty, emotion, journeys, stories, a life lived…fully.

This is my less than perfect attempt to answer the question I’ve posed to you for rumination at the start of 2010. And it is with some hesitation that I put myself out there so…candidly. But, why not? It’s a bold thing to be a performer. So, here I am. Talking to you honestly and openly. Isn’t that bold in this crazy world of papparazzi and manipulation and whatever else. They say it’s about connecting, and I think that is true. Because when everything else gets false and weird and distorted, connection is all you have. I’m testing here. So, here I am. Talking to you.

A thought before I go: I know there are some in this audience who have a strict belief that positive thinking is the ONLY way to live your life and be successful. I’m not a believer of that to the extent that I know that most of us fail at the practice of positive thinking ‘all’ of the time (and that, along with some of the dysfunctional behaviors that go on when you deny the hard realities of life, breeds a whole lot of other issues). However, I believe that positive thinking is an absolute necessity if you’re going anywhere you don’t want to be. Positive proactivity is a better way of putting it. The Steven Covey approach to life. I still believe it. I share, candidly, because it seems it is the only way to be absolutely in my integrity about what I am doing. I hope that is good for you and meets you where you’re at. It’s hard to be honest, some days, isn’t it?

I am sending this to you today on a Thursday instead of a Friday as it’s streamed out of my consciousness, and tomorrow I want to shut my computer off and enjoy a time out from the keys. It ‘should’ have been a video, but I think the written word here is a better form.

Best wishes this week!

Please share YOUR thoughts here re. what this all means to you.

WHAT IT MEANS TO ME TO BE A PERFORMING SONGWRITER
http://www.facebook.com/topic.php?uid=110532175707&topic=12599

I take inspiration from you. I hope we do from one another, all of us. For we are: Performing Songwriters (United Worldwide).

Yours,

Lorelei Loveridge
Founder, PSUW
President/Artist, Orderly Bazaar Records & Publishing
http://www.facebook.com/pages/Lorelei-Loveridge-World-Travelling-Songwriter/142530793312

PS. Next week, I will share the links to some personal growth tools I began researching for you for the new year. I am hosting a New Year’s personal retreat for a few friends and thought some of this material might be helpful to you as you make some clarifications and decisions as to what you wish to do this year…differently. ;)





Changing Contractual Agreements With Music Consumers in the New Music Industry, Complex Copyright Issues Notwithstanding

8 07 2009

Changing Contractual Agreements With Music Consumers in the New Music Industry, Complex Copyright Issues Notwithstanding – Lorelei Loveridge

Once upon a time, the world’s greatest music lover walked into a music store (let’s call it the arty independent Blackbyrd Myoozik, which still exists today in Edmonton, AB, Canada), browsed the shelves in search of something inviting, found a CD marked at ‘half price’, walked up to the counter and with last-minute ‘consideration’ of the deal at hand gave the cashier (store owner/retailer as well as artist intermediary/music distributor) a crisp ten-dollar bill in exchange for a beaut of an album called Bakhoor. This is called a bilateral contract where the offeror – in this case, the buyer – promises to give money or consideration in exchange for the offeree’s or seller’s product (Kraus, 2006). Insofar as most music consumers are concerned, this type of contract is a dying entity, on its way to extinction.

According to contract law, the legal agreement here is between consumer and retailer; the consumer makes the offer to buy and the retailer provides the product – a piece of art with a legal copyright belonging to someone, presumably the creator, but possibly an investor such as a record label – in exchange for ‘consideration’ or payment (Gibson and Fraser, 2009;). Gillhams Solicitors LLP (2008) gives a proper definition to this, citing Section 2(1) of the Sale of Goods Act. It is the “sale of goods” otherwise known as a “contract by which the seller transfers or agrees to transfer the property in goods to the buyer for money consideration called the price”.

Because this exchange does not take place off the stage at the end of a night of performance, this contract exists according to the rules of consumer law; the agreement isn’t in writing except by way of a receipt that typically might outline “terms of the sale contract, such as the time of delivery, the price, standard of goods, whether they have been sold subject to a description, whether they may be returned” (Gillhams Solicitors LLP, 2008).

Typically, until it became possible to sample and buy music over the internet from iTunes, Amazon and CD Baby, fans were at the mercy of various “gatekeepers” and music tasters such as “radio DJs/pluggers, music weeklies, in store promotions, and friends’ recommendations” to help them learn about new music (Jennings, 2004). Fans could not easily sample the music they were thinking to buy, and this became and is the focal point of anger directed against record labels and other gatekeepers in the music industry including retailers. Scibora (n.d.) states the problem:

Today, most traditional music stores serve a single-purpose: to make them convenient for the music shopper to find a specific CD and purchase it. They are not designed to cultivate “shopping.” In fact, once music shoppers are inside a traditional music store, they see thousands of music CDs but they cannot experience them. Only being able to sample a few newly released CDs that they have most likely already heard further discourages shoppers. Also, they are subjected to overhead music without knowing what CD is playing. This environment does not facilitate shopping.

Furthermore, fans were bound by the terms of the contract, in accordance with the limitations, rights and responsibilities afforded to consumers under the Trade Practices Act applicable in their jurisdiction or country. In Canada, it is the Trade Practices Act, R.S.N.L. 1990, c. T-7 (Queen’s Printer, 2005). The contractual condition often was that music could not be returned once the packaging was removed because listeners could copy the music, return it, and the sale could be lost. There was no other warranty or guarantee for music consumers to get their money back if they didn’t like the album.

So, essentially, the legal idea of “caveat emptor” or “Let the buyer beware” (Cornell University Law School) was and has been the standard of care applied to music purchasers. Gibson and Fraser (2009) highlight the two circumstances proving this application of common law unjust: (1) when there is no reasonable opportunity for inspection, which has arguably been the case for music consumers when it comes to sampling the contents inside the jewel case, and (2) reliance upon an expert or someone with special knowledge was needed, which is irrelevant here. These are the contractual conditions of sale that music fans as consumers have had to live with for a long time.

Until the advent of the peer to peer (P2P) file-sharing network Napster, which began to reverse the roles in 1999 (Reidel, 2006). Then it became, for many artists and content owners who are losing income through sales and performances, “caveat venditor” or “seller beware”. Fans adept with computers today trade digitized music over the internet en masse and ‘for free’, and it is done in defiance of copyright laws worldwide that, through common and statutory law, give legal protection to “the authors of ‘original works of authorship,’ including literary, dramatic, musical, artistic, and certain other intellectual works” (Gordon, 2005, p. 1). Not the intent of this paper to dwell solely on the issues of copyright law, it is nevertheless important to state that copyright laws were established to give the owner of a copyright the exclusive right to do and authorize others to copy; create from; distribute by sale or other transfer of ownership, or by renting, lending, or leasing; and perform the work publicly by means of a digital audio transmission – according to Section 106 of the 1976 Copyright Act in the U.S.

Cutler’s legal classic on copyright law (1905) encapsulates the lack of consideration of copyright and its worth to the artist by those who today could fall into the category of illegally downloading music in the current statutory climate:

“There is a certain class of persons, who look upon the protection which the law throws around the offspring of a man’s brain as an unjust monopoly, an invasion of the liberty of the subject. These would-be lavish givers of other people’s property are more numerous and in some cases more influential, than one would suppose in an enlightened age…The attacks of…assailants of the rights of property are suicidal and would result in the slaughter of the bird which lays the golden eggs. Instead of getting cheap music of a good class, the abettors of the pirates will end by stopping production of all works of genius and even of popular ones…This argument is too familiar to need development” (p. 1).

Cutler speaks, perhaps, to what Lahore (n.d.) describes as the moral rights of the copyright holder: “Only individuals who are ‘authors’ have moral rights and these rights cannot be assigned” (p. 48,099). But this has mattered not for a good number of music lovers.

Illegal downloading – where there is no attempt to create a legally enforceable agreement or contract between the fan and owner or rights-imbued distributor of the music – has disrupted the flow of revenues, badly and in all facets of the music industry (Burkart, 2009). And this has prompted record industry associations like the RIAA in the US, IFPA internationally and CRIA in Canada to sue downloaders for theft of copyright protected music. Reidel states: “Starting in 2000, the Recording Industry Association of America (RIAA) spearheaded a series of lawsuits…Their legal ground seemed unshakeable, their argument unquestionable: facilitating the free trade of “illicit” music files amounted to a violation of copyright law. In fact, at Napster’s peak in February 2001, it amounted to over 2.79 billion violations, the approximate number of files traded during that month” (Reidel, 2006; pcmag.com, 2009). The genie was out of the bottle and several lawsuits later, two of the biggest to draw attention on the world stage are the case involving Pirate Bay and a single woman in the US fighting the RIAA and Capitol Records.

In brief and steering towards the argument of the outcomes of such cases on the terms of agreement and contract (or lack of/changing terms and contract) between fans and content providers and artist creators, the Stockholm District Court in Sweden judged in favor of upholding the rights of “content providers and copyright owners whose material is on the site” Barraclough, 2009). The four owners of Pirate Bay have been sentenced to a year in prison for “complicity in breach of the Copyright Act” (TT/The Local, 2009) while $7.6 million in cash and newly issued shares in Global Gaming Factory X, the company purchasing Pirate Bay, will pay for the damages owed for copyright infringement in this case (Barraclough, 2009). The new company’s CEO has stated that the company will be forced by law to change its business model to satisfy “the requirements and needs of all parties, content providers, broadband operators, end users and the judiciary. Content providers and creators need to control their own content and get paid for it. File downloaders need faster downloads and better quality” (Barraclough, 2009). Sweden’s Court of Appeal has ruled that the case cannot be reheard at the Stockholm District Court, but a newly elected member of the European Parliament, a member of the newly established Pirate Party in Sweden, has stated that the appeals will continue through legislation (TT/The Local, 2009).

Not surprisingly, fans are outraged by this. In an attempt to comfort or appease, though there is no contract here either because it is not an offer and there is no legally enforceable contract with any kind of consideration or payment in exchange for this promise, the founders of Pirate Bay have stated: “Everyone indeed can be the owner of Pirate Bay now” (Barraclough, 2009). It is an empty promise, thus far, at least until fans can purchase shares of the company; and that would be payment in consideration for the ownership of an undefined product – will it be music or more? – and/or rights to a particular service music fans do not yet understand the conditions of. It’s not hard to see why the anger exists.

The other case that has recently highlighted the intensity of the conflict over downloading and the protection of copyright is the case between the Record Industry Association of America (RIAA) and Capitol Records against Jamie Thomas-Rassett. The judgement was for the plaintiff and the defendant has been ordered to pay $1.92 million in damages for downloading 24 songs, then making those songs available through P2P provider Kazaa to “millions on the Internet”, according to the prosecuting lawyer (AFP, 2009). While the judgement is logical on the one hand, based on the facts of the case (and the woman had been convicted of the same copyright crime and let off from what was deemed a severe sentence then (AFP), according to lovers of the free download, the conviction and severity of sentence both stink.

Kusek and Leonhard (2005) are two music futurists who have put forth the idea of treating music like water, like a utility – that it should be freely downloadable and paid for by the consumer through ISP providers who charge a fee for unlimited downloads. The Songwriters Association of Canada (SAC) has explicitly outlined a similar view in “A Proposal for the Monetization for the File Sharing of Music From the Songwriters and Recording Artists of Canada” and in this living, evolving document first established in 2007 states in rough the terms for a new agreement among the ISP’s, consumers, and creators of music (2009).

Specifically, the SAC Proposal is for “an amendment to the Copyright Act which would establish a new right: The Right to Remuneration for Music File Sharing”, and the most recent amendments to the proposal itself indicate debate among participant communities as to whether they would choose to opt in or out of the idea that consumers pay a voluntary licensing fee to ISP users for the right to freely download music made available by content providers who opt into the system. The terms for exclusion are made clear and, no doubt, this is a proposal engaged in a process of dialogue with various bodies as evidenced by the SAC’s statement: “[W]e’ve received a great deal of input from consumer advocates, music industry colleagues, legal experts, MPs, Government officials etc. (2009)”.

The question is: will fans agree to contract with ISP’s for the provision of a service (the means to download) and product (music provided for distribution), and will all the other parties feel compelled by the list of benefits listed by the SAC? There are compelling arguments for the consumer: “[g]uilt free low-cost access” to tens of millions of songs, minus the hassle of worrying about viruses. The creator obviously gets paid via a low-cost distribution system, and that bodes well for sustainability in the future of art-making. The rights owner’s value of catalogue increases and this enables continued support in the development of the artist/s affiliated with the rights owner, if separate entities. ISP would stand to reduce costs and make more money through the streamlining of services, sharing of income with artists, and other business models involving advertising to be determined.

It would seem to be a good solution for all, a win-win. But artists have already discovered that it’s not necessarily on the artists’ terms that contracts with fans are to be won, as is evidenced in one case by the reaction of many to an Iron Maiden album cover: “Shortly after revealing what the band claims to be the cover art for its new album, Dance Of Death, fans flooded the official Iron Maiden message board with complaints” because they didn’t believe the artwork was by the original artist, as expected, and this was a condition they were going to have to accept before purchasing the album upon its release (Johnson, 2003). Now, if the legalities of the terms in contract law could be put aside for a moment…

Perhaps within the spirit of the legal definition of the word ‘breach’, referring to the failure of a party “to perform their obligations as agreed” (Gibson and Fraser, 2009, p. 403), these fans considered it a breach of trust by the band because it was believed the artwork was not up to standard. A ‘warranty’ or guarantee as a condition of the future sale was breached (ie. a different artist had created a sub-standard design). Or perhaps only a ‘partial performance’ was delivered, and this was a ‘variation from the unwritten terms of the contract’ with the band. Whatever the case, fans could but were unlikely to choose to refrain from purchasing the CD. In essence, they felt damaged, and Iron Maiden refused to do anything to ‘mitigate’ or minimize/control the ‘damage’. Fans were without recourse for ‘damages’ – though possibly the insistence upon a lower price could be construed as bargaining on behalf of the band for the mitigation of its future ‘damages’ or loss of fan support and income, in a sense.

It is but one scenario that serves only to highlight the fact that a band that chooses to give its fans input into the creative process actually could be seen as engaging its fans in the right to an ‘equitable remedy’. Posting artwork up for a fan to vote upon is akin to allowing a fan to help determine the terms for the final contract or purchase. Take it one step further and companies like Slice the Pie (slicethepie.com) engage fans in a legally binding contract with terms (certainly the delivery of a CD at the end of the production process, and within a specified time frame) that gives both parties more value. The fans invest in the album and, if they choose, have input into its creative development in return for pre-purchased right to the product and input into the product.

This appears to be a slightly better solution in the short term than suing fans for loving music while ignoring the demands of the marketplace. While the efforts of the Songwriters Association of Canada and the like are likely to lead to changing legislation, improving a situation where there is a significant lack of agreement and ongoing theft or, at the minimum, ‘breach of contract’ between the artist and consumers in the digital domain (and hopefully that will provide a positive economic spinoff to a suffering industry as a whole), the final may well rest in the voices of experienced music managers:

“Almost all cases concerning the enforceability of music-industry agreements are fought on the basis of reasonableness between the parties…It’s in the public interest that contracts containing restrictions which are reasonable between the parties should thus be enforceable (Music Managers Forum, 2003, p. 149).

“…keep an open mind, investigate the alternatives and figure out how…artists receive payment for their work from the population of the world. It’s not music that’s in trouble – there’s no alternative, everyone will still listen; it’s just the business model that is changing” (p. 14).

While there are many alternative ideas regarding the monetization of music, which involve everything from allowing music to be ‘freely’ distributed according to certain terms under Creative Commons licenses (Flew, 2005) that “mark creative work with the freedom the creator wants it to carry, so others can share, remix, use commercially, or any combination thereof” (CreativeCommons.org, 2009), in the end it is the goal of artists and the creative music industry to continue to foster the relationship with fans most especially to ensure sustainability through changing times.

Changing the terms of agreement in contracts by word or deed isn’t a choice. It’s a necessity. Changing the means by which to view ‘contractual’ breaches in the course of copyright reform isn’t a choice. Both of these approaches are needed, across society and one fan at a time, to change hearts and minds regarding the value of music and its place in our world today. Copyright protection, while critical to slowing down the chaos that has ensued since the advent of the digital musical file and its ability to be downloaded and shared without tracking, is not enough to stop the millions if not billions of music fans worldwide who share files illegally, and nor are legislators and various facets of the entertainment industry in agreement as to how best to approach copyright reform. What has happened in Sweden with Pirate Bay exemplifies the fact that even the fans are preparing for the battle of copyright reform at the legislative level, and that signals the need to look at alternatives to a market that is speaking and has spoken.

Essentially, sustainability in the future for artists and those in the music industry living from the creations of artists is about moving beyond the argument of copyright to embracing new contracts and agreements with fans. The relationship is about the artist and the fan, and that relationship has become more direct than ever. It is up to artists and content providers – ie. the new record labels – to engage with fans and change the terms of agreement. This will ultimately result in the security of contract that artists are looking for. This is what will invoke the exchange of money for music or merchandise or a live concert experience.

References

References

AFP (2009) “US woman to pay 1.92 mln dlrs in music piracy case”, physorg.com, viewed 6 July 2009: http://www.physorg.com/news164601902.html.

Barraclough, E (2009) “New Pirate Bay bosses to compensate rights owners”, Managing Intellectual Property, viewed 6 July 2009: http://www.managingip.com/Article/2247021/New-Pirate-Bay-bosses-to-compensate-rights-owners.html.

Burkart, K (2009) “On the Digital Music Wars, Where Are We Now?”, Flow TV, viewed 6 July 2009: http://flowtv.org/?p=2453.

Creative Commons (2009) “About”, CreativeCommons.org, viewed 6 July 2009: http://creativecommons.org/about/.

Cutler, E (1905) A Manual of Music Copyright Law for the use of music publishers and artists and of the legal profession, Simpkin, Marsha, Hamilton, Kent and Co., Ltd., London.

Legal Information Institute (n.d.) “Caveat emptor”, Cornell University Law School, viewed 6 July 2009: http://topics.law.cornell.edu/wex/caveat_emptor.

Gillhams Solicitors LLP (2005-2008) “Term: sale of goods” from Sale of goods, Contract Law, viewed 6 July 2009: http://www.gillhams.com/dictionary/331.cfm.

Gordon, S (2005) The Future of the Music Business, Backbeat Books, San Francisco.

Jennings, D (2004) “The New Gatekeepers for Discovering Music”, DJ Alchemi, viewed 6 July 2009): http://alchemi.co.uk/archives/mus/the_new_gatekee.html.

Johnson, T (2003) “Iron Maiden Fans Practically Revolt Over New Album Cover”, BlogCritics, viewed 6 July 2009: http://blogcritics.org/music/article/iron-maiden-fans-practically-riot-over/.

Lamb, B. (2009) “Top 4 Major Pop Record Labels”, About.com, viewed 6 July 2009: http://top40.about.com/od/popmusic101/tp/majorlabels.htm.

Queen’s Printer (2005) ” Trade Practices Act, R.S.N.L. 1990, c. T-7 “, Canadian Legal Information Institute, viewed 6 July 2009: http://www.canlii.org/nl/laws/sta/t-7/20050303/whole.html.

pcmag.com (2009) “Definition of peer-to-peer network”, viewed 6 July 2009: http://www.pcmag.com/encyclopedia_term/0,2542,t=peer-to-peer+network&i=49056,00.asp.

Riedel, S (2006), A Brief History of Filesharing: From Napster to Legal Downloads, viewed 6 July 2009: http://www.associatedcontent.com/article/20644/a_brief_history_of_filesharing_from_pg2.html?cat=15.

Scibora, M (n.d.) “The Changing Face of Retailing”, Google Documents, viewed 6 July 2009: http://docs.google.com/gview?a=v&q=cache:m_bMr3Y3_VUJ:www.acdstar.com/ChangingFace_article.pdf+music+retailers+began+to+allow+customers+to+sample+music&hl=en.

SAC (2009) “A Proposal for the Monetization for the File Sharing of Music From the Songwriters and Recording Artists of Canada”, Songwriters Association of Canada, viewed 6 July 2009: http://www.songwriters.ca/studio/proposal.php#details.

TT/The Local (2009) “No retrial in Pirate Bay case”, The Local: Sweden’s News in English, viewed 6 July 2009: http://www.thelocal.se/20280/20090625/.

Wikipedia (2009) “Caveat venditor as found in Caveat emptor”, Wikipedia, viewed 6 July 2009: http://en.wikipedia.org/wiki/Caveat_venditor#Caveat_venditor.

Bibliography

DigitalBazaar.com (2009) “A Collaborative Distribution Model for Music”, viewed 6 July 2009: http://blog.digitalbazaar.com/2009/04/04/collaborative-music-model/.

Flew, T (2005) “Creative Commons and the creative industries” in the Media and Arts Law Review, Volume 10, Number 4, December (2005): pp 257-264.

Kivisto, M “Collective Management – A Push Towards Competition”, IPR University Centre, viewed 6 July 2009: http://www.iprinfo.com/lehti?action=articleDetails&a_id=663&id=43.

Krauss, R (2006) “Contracts”, robandjenna.net, viewed 6 July 6, 2009: http://209.85.229.132/search?q=cache:v3TIkKm8eycJ:robandjena.net/Documents/Contract%2520Rules_and_Principles.doc+buying+music+is+a+bilateral+contract&cd=10&hl=en&ct=clnk&client=safari.

Kusek, D and Leonhard, G (2005) The Future of Music: Manifesto for the Digital Music Revolution, Berklee Press, Boston.

Verna, P (2007) “Digital Music and the Museum Model”, eMarketer Digital Intelligence, viewed 6 July 2009: http://www.emarketer.com/Article.aspx?R=1005446.





My Facebook account – now disabled – is where you could find me, until now

5 07 2009

I’m posting a message I posted on another blog. Catchup time: I’m in the UK, still, working like a busy bee but soon heading to Spain and Portugal for a much needed 10 day break. This is what has rocked my world as of late. I posted it here and am currently trying to take cues on how to communicate with Facebook here.

* * *

I must say, I have had my eyes opened wide, and with great regret. I created a group called PERFORMING SONGWRITERS (UNITED WORLDWIDE), made the colossal error of messaging too many people to invite them to my personal page (in an effort to actually reduce the group postings and give people the choice as to how much info they wanted to receive from me). I was disabled on June 24 after the group had grown to 1500 members in 15 days. Most of my topic posts went with my account, so that left my group gutted of ‘content’. People have been trying to email and help, but have been getting the weirdest messages back saying that they aren’t writing from their FB account email addresses – not true in every case – and FB can’t divulge info – no one was asking them to; merely the request was to reactivate the account.

I am so sickened by this, but I’m also immersed in a business law course right now and have just been informed about the law of contracts and do understand that Facebook has an aim and the aim is a noble one – to reduce spam. It is the reason why I posted my group there in the first place. Because I love the networking capacity of FB. But errors do happen, people do make uninformed mistakes. Without a transparent policy it is hard to keep within the rules. I lived for 11 years in Saudi Arabia where I had to look over my shoulder at times for fear I was doing something that could land me in trouble. I’m sorry that in the free world, I’m discovering myself in this bind. It’s almost felt like an entrapment of sorts – to be cut off from hundreds of very old friends just reconnected with from elementary school, and people who have known me through high school and university. A friend died this year and his Facebook account is a place where people still meet and talk. I can’t access that. Another friend is battling cancer, and I can’t reach the person who had been filling me in about that.

What’s further distressing is the fact that the mainstream media appear not to be able or willing to shed more light on this problem. I have tried to communicate with the BBC and with serious online bloggers particularly those in the music business, and most simply ignore the request for airtime or help as well. I find that perplexing. But it’s been explained to me by some of my group members that they are afraid themselves of being banned by Facebook.

I have read about one man who announced his decision to commit suicide to a Facebook applications programmer, and Facebook then responded pretty quickly. I wonder how many people engage in acts of distress due to the closure of their Facebook accounts…that FB does not know about? For an organization that cares about people, this is somehow skewed to me. Simply respond to queries, if you can, or post the information real people need online. And, yes, go after the hard core spammers.

A good friend of mine who worked at Warner Records said to me a few years ago when I was trying to decide the name of my new 4-year album projected recorded in Saudi Arabia, Canada, and India – but nevertheless a folk-pop thing with world music sprinkled throughout: “Don’t underestimate your audiences.” I went ahead with an Arabic title for the album, one that I knew western audiences would wonder about. The concept of not underestimating audience intelligence has not left me. I find that principle to be true, and wish it could be true for Facebook, too. Then again, we’re the stupids who keep posting while ignoring generic warnings. Perhaps the warnings need to be explicit re. the numbers of clicks. That would have settled my enquiring mind.

My heart is really heavy as I continue to wait this out and hope for the best. It’s been two weeks. It feels like two months. I’ve been reminded of a few things in these past few weeks: get the email addresses of people in your life. Get a life beyond Facebook. Pick up the phone. Get out. Focus on your dreams and realities. The cyber world isn’t heaven.

LL on Facebook:

http://www.facebook.com/loreleiloveridge

Fanpage on Facebook:

http://www.facebook.com/pages/Lorelei-Loveridge-World-Travelling-Songwriter/142530793312

Performing Songwriters (United Worldwide) on Facebook:

http://www.facebook.com/group.php?gid=110532175707&ref=share





Honor Thy Creative Self

16 02 2009

Three minutes after midnight, in a small room in a townhouse with one man and a cat (the other man has moved out while a third is working somewhere in the world on a cruise for the next month or so), I am listening to the speech of an author whose book I slowly savour, in between the various tasks on the multitudinous list of things that I get up to in a day and week and month. I probably read a chapter every few weeks or so. The book is called EAT, PRAY, LOVE and Elizabeth Gilbert speaks particularly well this night to my need to nurture the creative within as she talks about the nature of ‘creative genius’.

http://www.ted.com/talks/elizabeth_gilbert_on_genius.html

It’s a corner I’m turning. From self critic to self champion. From self doubt to self assuredness. From fear to love, nurturance, work, effort. I’ve long been at this, but it’s amazing what happens when the last success is behind you. You wonder: what next? And as the money flows outwards and doubt pours in to replace what’s gone, it’s such a head trip, such a game, such a strange thing. For me, I search for reassurance, outwardly, but know that it is me who must give it to my self. I’ve started with a rather bold move to NOT get on a plane in two weeks and head to the Dubai job fair for international school teachers and secure a job for September, which would effectively be like chopping the head off of this lovely green and growing thing that I’ve planted and watered these past eighteen months. I’ve deliberately decided that I owe it to myself to stay the course, and that’s after yet another attempt and failure to get a job that I obviously wasn’t meant to get as employment counsellor. I’m obviously meant to be writing songs, out there playing, and finding my way with this thing called: music. I get it I get it I get it I get it.

I am blessed with a spiritual mentor in the United States who still, to this day, after twenty years, knows how to talk to me when I find myself confused about what I am doing. Our discourse has been decades in the making now, and it continues. She is a dear friend, also. The other day I wrote to her, shared with her my business plan and, with it, some of the most intimate workings of my process. As important as any business mentor is, for me, a mentor and diviner of The Divine, for some days I confess I feel it is only through divine intervention that I’m going to ‘get there’, wherever ‘there’ is. Sue emailed back with the perfect antidote:

“Angst can go whenever you choose to send it on its way. Darkness dissipates by turning within to the Light switch of the Divine Mother. Hmm, I never use that expression. But perhaps it’s that very primal nourishment and reassuring, unchanging love you desire to realize. Well, my sweet, it’s right where you are, along with Divine Father/Source/Strength/Wisdom.

Your plan looks amazing…you are a marvel. Do you really get that? Do you really take that in? The depth and degree of your creativity is truly awesome, God as you is one mightily gifted and endowed expression of what is possible, when one realizes that “enlightenment is not a mountaintop you claw your way to. It is an identity you recognize.” Alan Cohen.

So stand in the Spirit of all you are. Live in the Grace of each moment. Be grateful for all that you are, all that Is, has been and shall forevermore be, and trust the process of Life to continue to move you forward where God/Allah/Buddha/Mind/Spirit/ wants you to be, in order that “It” experience itself ever more fully and joyously by means of you.

All my love and blessings galore,
Spiritual mentor type/Sue”

Of course, I was inspired by this. Sue and I used to have long discussions about what The Divine was comprised of. I have a chapter for a book with her name on it. Our discussion almost fifteen years ago about God being in everything had me wondering if that included ‘in’ the water bottle on Sue’s desk. A voracious water drinker she is. I shared the chapter with her, in case I never finish the manuscript.

In response to this latest reminder to stop belittling myself for all that I am presently unable to do, I thanked Sue, penned another short reflection about the subject. To my surprise, there came yet another letter from Sue, who is often much too busy to extend to me this kind of time and attention in my existential moments, and I don’t expect it of her.

“I salute your courage and determination to forge ahead with focused attention placed on “being where you are” and proceeding forwrd from that point. That to me is working in harmony with the progressively unfolding and orderly pattern of creative fulfillment that now has the opening through you to manifest wonders…whoo, that’s a mouthfull.

Affirmative statements of Truth to use on your journey.

I give myself the reassurance that up until now I sought from the outside.
I Am confident, self-assured and joyously give my creative gift with the full acceptance of the good that returns to me.
I Am the spiritual authority in my life. I love, honor, respect and revere Spirit as me.
I discover new gems from within the vast treasures of my Divine Self.
I express these glistening aspects of God as me with deep gratitude and joy for all that I essentially Am.
I give thanks for the true abundance that blesses, flourishes and prospers me throughout my life.
I awaken to my true Self and to its magnificence and greatness by leaving the darkness and entering fully into the light!
My future is brillliant with Infinite possibilities because I Am the Infinite in finite expression!

All my love and blessings galore,
Sue”

I betray nothing by sharing. Indeed, not to share would feel, today, like hoarding, and I am of the mind today that you get back in proportion to what you give. And I AM opening up, giving more, and committing myself to my work here in England.

No surprise, then, that good things are happening. I have recruited a London-based booking agent, and other good things are happening (more when there’s news to tell). I’ve also had some profound discussions this month with a producer/friend from Canada who passed through England and who met me at a Pret Manger for a tea. Oh, it was like going home. Canadian accents, studio gossip, artistic musings, mutual self analysis, running with the wolves. Lovely! I’ve sat with a sculptor friend who reminded me that success, much as it is marked by money in the music business, for sales say something, is more broadly defined than by money. The greatest of artists often die before they’re fully recognized for their accomplishments. How that felt comforting…I can only say, it simply gave me permission to go my own way, at my own pace, according my ideals. I’ll do the work, as author Elizabeth Gilbert says. I’ll do the work.

And, so, I feel a clarity that comes with settling into a decision to stay in the UK amongst the plethora of players that I find in my midst. Some of them are meant to work with me. We’ll find each other. Currently, I’m pleased with my band lineup: Debbie Busby, Rosie Smith and Zoe Mulford. We’ll grow together.

And now it’s late. One fourteen a.m. Regardless of how you source the creative-most intelligence that ultimately manifests as…art, I suppose I wanted to share these thoughts as a reminder to you and to me: chop wood, carry water. It’s about the work. JFDI. Do it. Dream it. Do it. Let’s take heart in knowing our genius, in knowing we are alone with it sometimes but never alone in it.

LL.





I’ve been blogrolled and I’m noticing my MySpace plays per day are…increasing.

17 01 2009

Hmmmmmm. Interesting. I’ve been blogrolled on About.com by Heather McDonald, a music writer with a great deal of wisdom and experience on all aspects of the business. She mentioned Gig in the UK here: http://musicians.about.com/b/2009/01/11/weekly-blog-roll-9.htm?nl=1.and had this to say:

First, I want to start by pointing out two sites created by readers of this site. The first is Gig in the UK: Tips for International Songwriters Wanting to Tour. Written by musicians/songwriter/record label boss Lorelei Loveridge, this blog gives info geared at non UK musicians who want to break into touring that country. It’s just getting started, but it’s highly recommended (as is touring in the UK – let me tell you, you’ll have a great time). 

Also, I’ve noticed that my MySpace page is getting more plays, though I don’t know why. The numbers are strangely up. Interesting. I had heard something said recently about the significance of MySpace. It’s not the number of friends you have, but…could it be the number of times your music is played? I don’t know. I don’t care. 

I’m deep in the thick of it with my business plan and it strikes me that the most important thing an artist can do is simply this: chop wood, carry water. And take a break once in awhile. It’s a lot of work. Balance is good. I seek to work hard but have balance. 

Today, I bought a yearly calendar and a weekly book. I keep a post-it note at the top of my computer screen. I try to answer email responses quickly. Something about the need for speed in this day and age of business comes to mind. I read that in one of my articles on strategy. Work fast. It’s a competitive advantage.





Gig in the UK, a new blog started by me.

4 01 2009

 

The header for the new blog Gig in the UK

The header for my new blog: Gig in the UK

 

JFDI. I’ve done it. Posted the new blog up. There is a method to my madness.

Tour the UK. Learn. Share the lessons. Meet the needs of those who find me from time to time and ask me the same question burning on my mind a decade ago: “How do I tour the UK?” 

It’s not rocket science, and the same principles apply to touring anywhere else. But there are cultural and industrial peculiarities to this business here, so while I’m living and touring in the UK…I’ll be writing about it. Short and sweet. Subscribe to Gig in the UK: A Tips Blog for International Songwriters Wanting to Tour if you want that info, as I won’t be blabbing about it here. 

Cheers!





BAKHOOR by Lorelei Loveridge: The album’s timely arrival.

2 01 2009

Photography of this display, and album design: Woodward Design, Canada.

BAKHOOR © Lorelei Loveridge/Orderly Bazaar, 2008.

BAKHOOR © 2008, Lorelei Loveridge/OrderlyBazaar.com, SOCAN.

Bakhoor. Arabian incense. A swirl of colors and creations, songs and stories, personal journeys and people met along the way. It is my new CD. I’m proud of it, proud enough to shout it out to the world. It’s available at CD Baby, iTunes, Amazon.com and other retailers including one very jazzy UK brick and mortar shop that also deals in MP3′s: Piccadilly Records. I’m chuffed.

The album launch in November was at an arty cafe in the Northern Quarter of Manchester. On a severely foggy night, it was a comfortable space for the few left-behinds from the day, friends (of course), friends of friends, local arty celebrity types (including a world music DJ, a filmmaker specialized in refugee issues) but, oddly, no media. And I say “oddly” because I worked, hard, to get them on this event. I know, for a fact, it was something special, something Manchester has not seen the likes of at all, or if at all, not as of late. I only say this because I know that no one has lived my life. And this album is about a very unique life that I’ve lived.  

Well, back to earth it is, because mainstream media ignored this, a few radio stations very enthusiastically supported this, and now begins the follow-up, the ‘rolling out’ of things. I’m going to call this the ‘Red Carpet Year’ or something. I love red carpets. I have several Afghan red carpets packed up in a safe place right now. This is 2009. I’m declaring it my year.  

Why? Because 2008 was both good but extremely trying. Two management deals in phases of unfolding, but slowly because even these guys can’t figure out what’s going on…what with arts organizations cancelling their bookings until 2010! The music business is suffering along with my personal brokerage account. Yes, like a lot of people, I suffered some profound losses. Mostly to my sense of direction. Sense of stability. Almost to my sense of self. Okay, to that, too. But 2009, I have decided, as I dig into my very late university assignment (I am a master student of arts and cultural management with an Australian university), a corporate business/marketing/sponsorship plan for 2009, well…2009 is going to be MY year. I’m taking it back.  I’m reclaiming my happiness, dammit, because money can’t buy peace. I had a LOT of money in my hands, earned all by yours truly, two years ago. I fretted about it as much as I do now while things are ‘gone south’. 

I have decided upon 3 words to represent my goals and drive my behaviors this year. Ready for them? 

PROACTIVITY – Put myself out there, hard and fast, and keep my promises by responding within 1-3 business days.

BALANCE – Have a life; marketing music can take over one’s life, and ruin the fun. I need inspiration. That comes from having balance.

PASSION – To borrow the words of a friend of mine, who spoke them when times in 2008 were tough: “Have more passion. Be more passionate about your art.” In other words, try harder. Don’t give up.

I may sip an Americano somewhere in the coming few days and refine those summaries, borrowed from another site called 3c World, formerly known (and this is my favored title for it) Expat Arts. However, the descriptions are raw and straight from this unfettered heart. I have been angsting. Instead, this year needs to be about action and a whole lot of self love.  

Stay tuned. I’m back. Keep watch on the homepages of loreleiloveridge.comOrderly Bazaar (eventually/soon it will function with its own role separate from merely promoting my music) and MySpace, too, as that’s where you can track events, shows, radio ads, etc. Here…is where I’ll ruminate a little more loosely.  Have a great year. JFDI! 

PS. On a slightly more somber note, and if you dive into my blog on Orderly Bazaar or MySpace, you’ll see I had a moment of rage today over what’s happening in Gaza…this album is ‘timely’ because it addresses a good number of the current issues of our time, and current events in the Middle East as well. Press release enclosed:

Lorelei Loveridge lived for 11 years in Saudi Arabia, pre and post 9/11, and loved it. She experienced religious zealots, compound invasions, a terrorist chase, earthquake, tsunami, war in Lebanon, crazy drivers, nutty expats and more, and survived to tell the tales in story and song. Her physical, personal, and musical journey is documented in Bakhoor, a 4-year, 15-song album project recorded in India, Canada and Saudi Arabia. It features some of the finest players from across the globe including Brian Hughes (producer of Loreena McKennitt), Harry Manx and Lester Quitzau.  

A contemporary acoustic songwriter who draws comparisons with Tracy Chapman and Joni Mitchell, Loveridge pairs a passionate political sense with an understanding of the complex personal stories that go beyond politics. Loveridge and Canadian producer Rob Hewes have woven the sounds of tabla, oud, darbuka, Tibetan overtone chants, violin, bazouki, Latin/African/slide blues guitar into a richly-textured, multicultural tour-de-force. 

While “Home is Where the Heart Is”—a song about the pain of a mother and her Palestinian daughter—is the first single off of the album, U.S. songwriter and guitar legend Dick Wagner says this of Loveridge and Bakhoor: “Her vocals are hauntingly emotive, her songs are beautifully structured folk/pop creations and her musicians are world-class interpreters of her musical vision…The brilliant ‘Oh, India’ sets the tone and atmosphere for this musical journey…a journey you won’t forget. I personally love Lorelei’s music and recommend it to all seekers of sophisticated yet accessible music.”

“Lovely voice…be very proud of where you have taken your music.
- David Kershenbaum (Producer, Tracy Chapman)

CD launch event reviewed, too, by Annastacia Simon: 

December 5, 2008

“Having waited months to experience Lorelei Loveridge’s launch for her album Bakhoor, I think you can imagine emotions were running high as I entered the Nexus Art Café. (NQ Manchester) Ever open minded, I actually had doubts when she announced her chosen venue. I found it hard to imagine Lorelei and her music meshing with the arty but sterile environs of the Nexus. (I’m not intending to give bad marks to Nexus here, the place is truly great. It’s lounge like, arty, and perfectly suits having a wide range of eclectic goings-on including ever changing art exhibitions) Well, I was wrong. As I came down the stairs and into the café/lounge itself I have to say I couldn’t have imagined a much better environment for Lorelei (and friends) to flourish in. The busy folk at the café had transformed the once boxy but colourful open space into a lush and spicy den of creativity. There were massive bean bags on the floor and soft settees and couches placed here and there. Sitting in one, I realised I might not be getting up again for some time – such was the comfort of the furnishings. So I took that moment to look around and absorb and be amazed. The best description I can come up with is that it was like being caught up in a perpetual desert sunset, all warm and shadowed with round textures in every direction. The environment was completed with an imposing screen which displayed a slideshow of photographs of Lorelei and the people and places that helped strengthen her muse. 

When I finally found my feet again, I made my way to Lorelei herself. She looked up at me as I approached and kissed both her cheeks, and the smile that she gave me could have melted Thatcher’s heart. I asked her how she felt, and she narrowed her eyes for a thoughtful moment.

‘So So’ was her response. ( Note: she actually said ‘So So’ I think in Arabic, but I have no memory for things; I cannot even spell, so apologies…ha ha.) I had to stifle a bit of a smirk now and I let her words echo in my mind. So So. I had never seen Lorelei more alive, more confident or more beautiful than in that moment as she pursed her lips and said So So. 

More people began to gently filter in as the café’s younger patrons (who had probably been there since school let out) either sunk back into the shadows or left for the night. I spent some time capturing the general ambience of everything, for there was no shortage of interesting vantages to explore with my lens. Finally the MC welcomed everyone and invited us to enjoy the guest acts and Rosie Smith was up first. 

Act One – Rosie

I had only seen Rosie a couple of times before the launch night, and in both times she had been doing supporting vocals and gently agitating her bongos for Lorelei. So to be honest, I had no idea what to expect from this young lady. I watched as a girl took to the stage, with her gorgeous (yet understated) scarf and her acoustic guitar. Then out came the sweet and mature tones of a woman, as Rosie sang and entranced us with her excellent guitar playing. Immediately I wanted to sway in this breeze she had manifested and lay in deep green grasses as the sun rolled over. She reminded me of ice cream on hot summer evenings, and big grey rain puddles for splashing in when autumn comes. Simply put – Really impressed!

Act Two – Lisa B.

When Lisa B climbed the steps and opened her mouth, to say poetry came out is a pathetic understatement. This was like poetry in the form of great blue-green icebergs, massive and swollen. She can, and will…move you. Whether she is murmuring or shouting. Ridiculously, the best compliment I can give her now is to say that I’m lost for words over Lisa B’s words. In the way she makes pictures in my mind and heart and delivers her prose , which is sometimes bittersweet and bruised. My huge regret is that I didn’t get a chance to buy her book at the launch – but Ill be correcting that mistake with much haste. 
Rock on, Lisa B .

Act Three – Zoe Mulford

Lucky for me, I have not only heard Zoe’s work prior to Lorelei’s launch but I also had the pleasure of being moved to tears as she played one of her songs, Elegy, right next to me at the Nexus. You could say…I’m a fan. I blush and get giddy and try to think of a thousand things to say when I’m in her presence, and how silly is this really? Because as much as I try to form her up as this Folkstar in my head, she is really just one of the most genuinely sweet and human natured lasses you could meet. Back where I come from, they would call her ‘Good People’ and its true. During her set, Zoe displayed not only her instrumental skills (I love it when she plays banjo!) but also a confident and resounding voice coupled with an extremely familiar and gratifying song/storytelling style. 

By now the atmosphere had a bit of electricity running thru it. The lights were low, the energy was high and Lorelei was about to climb those steps and assume her rightful position as Lead Act – the very reason we had all gathered in the Nexus with our tea and coffee’s and Iccle Biccies. (still just 10 Pence!) She stood like a whisper blown ember, her eyes glowing with depth and readiness. Her expression…how can I explain her expression ? It is the sort of look that says ‘Hold unto your asses, here comes the wave.’
With a striking of her hand against strings she welcomed us her audience into the inner sanctum of her creativity. She beckoned us to sit by the fire with her, to listen, to know what she knows. To find peace within ourselves, and simply breathe. The music swelled, and we rode that wave until nearly 11pm. 

I’m going to be honest with you, I don’t even know if it’s possible for me to give you a song by song interpretation of Lorelei’s music. It’s the sort of thing you need to witness first hand, with her voice stroking your mind like a desert wind and the skilful strumming and picking of her guitar meshing with your heartbeat. I can interpret for you the fact that she is gifted, extremely gifted. Lorelei Loveridge weaves song stories about the things she has witnessed – physically and emotionally. Even if you aren’t moved by the music itself (which thankfully I am..) you can appreciate that she goes thru life with her eyes and heart wide open, and that as long as there is breath in her lungs and blood and passion in her veins, she’s going to sing to us about it.

You may find yourself wondering where her sound comes from. Where does anyone pull inspiration from? From love, loss, lust, injustice, celebration, even surprise. The wonderful human heart is virtually endless in its supply of inspirational capacity. All of the above is the songwriter’s playground. Lorelei Loveridge finds her muse in familiar subjects, (politics, feminism, world events, etc) but delivers them with the passion which can only be wrought out of a genuine heart. There was never a moment when this skill was better explored than at Lorelei’s Bakhoor launch – save for when you open your copy of her album and fill your ears with its poetic intricacy. Within her songs and music are the smiles which touched her. The people and places that became her heart’s home and will remain with her forever. The tears, sorrows and the worries. The voice of Lorelei Loveridge which had waited for years to be let out of her head and into Ours.

Around 11 o’clock I stood around the now emptying Nexus café. The audience for the most part was gone, and those that remained helped to disassemble the bits and pieces. Wires to be wound and chairs to be carried back to tables. I stood there feeling a good many things. I felt awe and satisfaction. A slight panging of regret that time had moved so swiftly. (what’s that they say about time and having fun?) But as I looked at Lorelei with that smile on her face and the humbleness she carries so well, I knew that the biggest feeling I felt…was Proud.”

Song lyrics from two songs that deal with the ongoing Palestinian crisis:

Not Like Us © Lorelei Loveridge/OrderlyBazaar.com, 2008. 
http://www.loreleiloveridge.com

Raze down those olive trees
Bulldoze those houses, please
Build the wall and damn them all
Raze down those olive trees

Fire on the boys with stones
Send all those bullets home
Lie to the world and deny you killed a schoolgirl
Fire on the boys with stones

Point the finger now
Suicide bombers wreak a living hell
Lock the jails up tight
Breed the next generation’s will to fight

Re-draw the borders
Re-create law and order
Speak not with words
But with might

For they’re the enemy—terrorists, terrorists
For they preach hatred—not like us, not like us
For they’re religious zealots—terrorists, terrorists
They’ll never have this land—not like us, not like us

Raze down those olive trees
Bulldoze those houses, please
Build the wall and damn them all
Raze down those olive trees

For they’re the enemy—terrorists, terrorists
For they preach hatred—not like us, not like us
For they’re religious zealots—terrorists, terrorists
They’ll never have this land—not like us, not like us

Home is Where the Heart Is © Lorelei Loveridge/OrderlyBazaar.com, 2008
http://www.loreleiloveridge.com

Yasmin, Yasmin, where’s your man
Is he locked in a jail in Jerusalem
A stone’s throw away from hope
Tell me, Yasmin, will you go

Home is where the heart is
But your mother is calling you
Home for a day of rest
What good will martyrdom do
What good will martyrdom do

Yasmin, Yasmin, what will he get
Freedom or ten years instead
And if he goes away for long
Pray, tell who will keep you both strong

Home is where the heart is
But your mother is calling you
Home for a day of rest
What good will martyrdom do
What good will martyrdom do

‘You can ink your feet with blood in the street
Fall with the walls when the bombs come down
You can say you were there when the world didn’t care
But when it’s all said and done, will the war be won
Without words of reason, without someone to teach them
That home is where the heart is and we all need one

Yasmin, Yasmin, there’s your man
Locked in a jail in Jerusalem
A stone’s throw away from hope
Tell me, Yasmin, will you go now

Home is where the heart is
But your mother is calling you
Home for a day of rest
What good will martyrdom do
What good will martyrdom do
Home is where the heart is
Home is where the heart is

 





Independent music marketing…in waves.

18 09 2008

I was reminded of something recently by my American friend Zoe Mulford, compadre here in the UK and one of two bandmates for my upcoming official showcase at In The City, “the biggest city based music festival in Europe” (and, whoa, did I read that right on the url for ITC?) Marketing yourself is best done in waves. Kind of like waving your hand. You don’t flick the thing once and expect people to remember you. You ‘wave’ it until you catch the attention of your chosen individual/s. You ‘splash’ them with a good first impression, a very good first impression…then bowl them over with your (hopefully) overwhelming splendor.

Hmmm. Frankly, as I write this at 3:04 a.m., I’m reminded of how much I’d love to be back in Jeddah, doing a campout at the Red Sea, listening to the waves lap the bottom of my cot as the crabs scuttle underneath, heat soaking my skin and moon turning the mountains blue, Saudis in the distance, cooking, laughing, eating, settled down after tearing up the dunes to the ridiculous “Come on Barbie, let’s go party”. Oh, honestly. My life has done a 180 since moving from Saudi Arabia more than a year ago.

Well, life rarely comes to a grinding halt, and certainly not for this drama/expressive arts teacher + master’s degree students of arts & cultural marketing + and oh-so-human “jill-of-all-trades” in indie music making. Living in the Middle East taught me something about pulling all nighters. And, in order to stay on task and prepare for album launch, my goal now is to grab the attention of Mancunians and those I can reach in the Northwest of the UK in waves and go after the audience for one gig with an aim to secure an next audience for the next, and so on.

At a critical juncture this week, I learned to ask for extensions wherever possible. (People are good, I tell you. I’ve been granted some degree of understanding that I simply cannot function in the real world. Kidding.) But with a cold coming on, and several all-nighters starting to “do me head in”, it was better to ask for time, and time is relatively free.

So, now that I have a little bit more of it to properly take care of my business, I fill up any free minutes and hours writing press releases, new bios, one-sheet, thank you notes, and also designing flyers and posters. I’m throwing caution to the wind, because my designers are busy and I cannot afford them for everything. Finding the lovely tools hidden in the Pages software of the Apple MacBook Pro I own, I’ve been able to do my first flyer of 2008.

And today I took it (above placed) to the local Iraqi printer who did not give me ANY guff, unlike printing.com which refused to take a JPEG or PDF file, and he immediately plugged my USB drive into his computer without any fear I might transport a virus. Two A5 sheets were printed off in high quality color, and VOILA!!! Instant bliss. One more thing checked off my list. I pick up the flyers and posters tomorrow. The bill for 50 A4 posters in full color and 200 A5 flyers…you don’t want to know and I don’t want to tell. It was reasonable. I hope.

I have two giggish gigs to play this weekend, both for peace. I look forward to them. As Stephen Fearing told me some time last year, before I started in earnest, “Remember, they don’t call it ‘playing’ for nothing.” It was my rehearsal with Zoe for In the City that lifted my spirit this week. So, touche.








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