Tag Archives: music

The morality of termination rights

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Raustiala and Sprigman over at the New York Times Freakonomics blog take on the morality of copyright termination rights, “an obscure provision of U.S. copyright law…[that] allows songwriters and musicians to…take back from the record labels many thousands of songs they licensed 35 years ago”:

In general, if you decide to sell or perpetually license a piece of property, you can’t later take it back, no matter how much you might want to. So If I sell my house and two years later the city decides to build a lovely public park in my neighborhood, the value of my former house may rise substantially. But no one contends that I can take the house back, or that I’m due a bonus payment from the lucky buyer.  A deal is a deal.

So why the exception for copyright owners?

I have to start somewhere, so it might as well be here:  it’s disingenuous to invoke a home-sy (literally) analogy, show that it fails, and use that failure to “prove” your point.  Raustiala and Sprigman note that “in general,” residential homes are sold outright.  So what?  Equally “in general,” commercial property leases for retail outlets (e.g., stores in shopping center developments) explicitly vary rent payments based on sales (i.e., higher store sales this month/year = higher rent).  Both systems are unobjectionable, assuming one simple fact:  the parties know what kind of deal they are making at the time they make it.

Thus, Raustiala and Sprigman’s analysis falls apart right off the bat.  Termination rights are not a recent phenomenon that nobody knew anything about until a year ago.  Unlike, say, Congress’ decision to re-copyright works that had already fallen into the public domain, termination rights have clearly been a part of U.S. copyright law since 1976.  They may have been “an obscure provision” to the general public reading the Freakonomics blog, but they certainly weren’t obscure to artists and labels.  Raustiala and Sprigman’s characterization is like calling the infield fly rule “obscure”–and then implying that a bunch of MLB players should be out because they didn’t know it existed or how it worked.

They go on:

Think for a moment about the economic effect of the termination provision on the behavior of parties to copyright transactions. Because buyers can expect, on average, to make lower profits when the law contains the termination provision, they will offer less in the initial transaction. Thus, sellers will be more willing to accept less, because they know that if a work later proves valuable, they can terminate and demand some additional payment. So the most likely effect of the termination provision is to force deal prices down across the board….Put differently, the termination provision is a regressive tax.  And in that light, the “fairness” justification for the termination provision is less than overwhelming.

Even assuming this is true, the record labels’ supposed “offer [of] less in the initial transaction” has already happened–35 years ago.  Changing the rules at this point to favor the labels over artists would also seem to invoke its own set of fairness issues.  To put it mildly.

The hypersexualization of female stars on the cover of Rolling Stone

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A sociologist found that Rolling Stone cover images of female stars have become more sexualized over the last few decades:

Hypersexualized images of women, on the other hand, went from representing six per cent of female covers in the 1970s to 61 per cent in the 2000s…

During the 2000s, women were 3 1 /2 times more likely to be hypersexualized than nonsexualized, and nearly five times more likely to be sexualized (hyper or otherwise) than non-sexualized.

Hatton acknowledges that many people will dismiss this conclusion as old hat, citing the venerable advertising maxim that “sex sells.”

But Hatton argues that to simply shrug off the findings is to ignore evidence that popculture’s accepted image of femininity is narrowing, dangerously, by the decade.

Several thoughts come to mind:

1. Rolling Stone has certainly changed over the years. From my own vantage point, it was once more serious, particularly about music, but has now become simply another pop culture magazine with occasional over-the-top political coverage.

2. The biggest surprise here is that the hypersexualization has become much worse over the years. And this is from a “progressive” magazine?

3. I wonder if large-scale surveys have presented such images to Americans and asked for their opinion. If so, then might we see a shift in opinion similar to the shift in images on the cover of Rolling Stone? In other words, are these covers simply a proxy for larger cultural opinions?

Using the Dave Matthews Caravan to help sell former US Steel Works site

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The Dave Matthews Band has a proven track record for selling albums and filling large stadiums but now they are being asked to do more: showcase the 600 acre former US Steel Works site in south Chicago.

Early next month, in the first real use of the enormous lakefront land parcel since the plant finally closed in 1992, tens of thousands more will walk through a different set of gates. Instead of lunchboxes, they’ll be clutching tickets to a three-day, multiband rock event, the second stop of the Dave Matthews Band Caravan. The worker who checks their ticket may well be a volunteer, paid not with wages but with a ticket to the show…

Having the show there, in open space roughly centered on 83rd Street, was a risky choice: Land needed clearing, logistics needed developing, transportation needed planning. But to Jerry Mickelson, the partner in Chicago-based music promoter Jam Productions who brought Matthews and the old mill grounds together, it was a risk worth taking…

Where there were once 160 buildings, the only structures left on the property — which covers the lakefront from 79th Street on the north to 87th Street on the south — are massive masonry retaining walls once used to hold raw materials and a former clock house now used by a development company to show off its plans to turn the area into a bustling urban jewel…

What McCaffery wants to do, detailed in drawings and videos in the company’s on-site showroom, is dramatic — creation rather than a mere makeover.

In his plan, malls will be built, lakefront parkland donated, the city’s largest marina constructed, entire neighborhoods erected on ground that used to produce the raw materials of construction. It’s a $4 billion, 30- or 40-year plan, carved up into separate phases.

It sounds like this concert idea is a stepping stone to a larger plan for this sizable parcel and the article suggests most people, including local politicians, are happy with these concert plans. It sounds like a reasonable idea: the site is being clean, the concertgoers will only be there for a few days, the influx of people will presumably provide some boost to nearby businesses, and all of this could show off the viability of the site for more permanent uses.

But I would have a few questions about the long-term proposal for the site:

1. How does this concert and the big plans for future uses fit with the existing area? I imagine traffic could be a concern to some people.

2. The large long-term plan is contingent on extending Lake Shore Drive – who will pay for that?

3. Is there a need in Chicago for such a large mixed-use site, particularly this far away from the city center? If it is built, will they come?

Regardless of what happens in the long-term, this is a unique music festival site in Chicago and we’ll see if the Dave Matthews Band can also help sell real estate development.

Can you hear the people sing?

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Brian pointed me to an article at the Chronicle of Higher Education about Lawrence Golan’s Supreme Court fight against copyright expansion:

The dispute that led to Golan v. Holder dates to 1994, when Congress passed a law that moved vast amounts of material from the public domain back behind the firewall of copyright protection. For conductors like Mr. Golan, that step limited access to canonical 20th-century Russian pieces that had been freely played for years.

Re-copyrighting works isn’t a technical or minor matter.  It has a huge effect of performing musicians like Golan:

When a work is in the public domain—that Puccini opera, say—an orchestra can buy the sheet music. Symphonies typically cost about $150. And the orchestra can keep those pages forever, preserving the instructions that librarians laboriously pencil into scores. But works under copyright are typically available only for rent. And the cost is significantly higher: about $600 for one performance. With the flip of a switch, the new law restored copyright to thousands of pieces.

For big-city orchestras like the New York Philharmonic, that change is like a "mosquito bite," Mr. Golan says. But Mr. Golan’s [University of Denver] ensemble gets only about $4,000 to rent and buy music each year. That means it can perform some copyrighted works but must rely on the public domain for about 80 percent of its repertoire. And $4,000 is relatively generous. Other colleges might have only $500 to spend on music. When the Conductors Guild surveyed its 1,600 members, 70 percent of respondents said they were now priced out of performing pieces previously in the public domain.

As Brian asked in his email pointing me to the article,

it sounds like US courts have always been willing to extend copyright protections…will there ever really be a "public domain" in the future for works published/created after World War I?

Unfortunately, the jury’s still very much out.

The conservative musical selections at Chicago Bulls games

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While I think this Chicago Tribune piece about the DJs at Chicago Bulls games was supposed to provide a behind-the-scenes look at how musical selections are made, the real crux of the story seems to be that the music selections are quite conservative:

Every Bulls game at the United Center has its own soundtrack. Just as each game is different, roller coasters of emotions and shifting fortunes, the music and sound effects roll with the changes. A team of about 20 technicians plays DJ each night at the United Center, accenting the ebbs and surges on the floor.

The head DJ is Jeff Wohlschlaeger, the Bulls’ senior director of game operations, who sits courtside and communicates on a headset to music and scoreboard operators to wed sounds and game action. There are cavalry-charge bugle calls and countless ways of imploring “De-Fense,” but there are also more than 1,000 songs and song snippets available to enhance every movement and mood…

When the home team has the ball, just about anything goes. Nothing is explicitly banned, but all teams know they’re programming for a family-friendly event, so songs deemed the least bit salacious or provocative won’t be tolerated, the NBA says. Teams that bend the rules often end up paying for it. The NBA’s “Game Operations” department monitors every game; one source in the office said that at least two NBA franchises were fined in the last month for inappropriate sound and video while the visiting team was on offense.

The Bulls don’t push the envelope by design, Wohlschlaeger says. The music selections are “conservative,” reflecting a mix of classic rock and contemporary pop hits that is determined by audience surveys. During Game 2 of the Hawks series, songs leading out of timeouts designed to get the crowd pumped included the Beastie Boys’ “(You Gotta) Fight for Your Right (to Party!),” AC/DC’s “Thunderstruck,” John Mellencamp’s “Authority Song” and Mitch Ryder and the Detroit Wheels’ “Devil With a Blue Dress On.”…

Mostly, it’s about what the paying customers want, Wohlschlaeger says, “tried and true stuff that you or I would never listen to in a car, but that gets a positive reaction from the fans.”

On one hand, the article suggests that the DJs have a lot of music and sound effects at their disposal and try to respond to the action on the floor. On the other hand, it sounds clear that the actual music/effects played is quite limited in order to please the NBA and the fans. I can’t quite say why I find this depressing: it still sounds like an intriguing job but at the same time, much of it sounds scripted. For example, the article mentions the playing of U2’s “Where the Streets Have No Name” which every Bulls fan who has watched a game this year or in recent years knows is played during a timeout with about 4-6 minutes left in the game. So all of this is simply canned, fan-friendly entertainment?

I wonder if there are any pro sports teams who are known for pushing the envelope a bit more in their musical selections. Does everyone play the same stuff that the DJs “would never listen to in a car” but they think is safe for fans? Having attended a number of San Francisco Giants games over the last 10 years or so, I know they play a lot more salsa music, fitting in with the atmosphere of the Bay Area. Some baseball stadiums have music for individual home team players when they come up to the plate. There may not be the same opportunities for other sports though perhaps music could be introduced in situations when they make a reception or step up to the free throw line or at other points.

Of course, perhaps this is just good business: don’t alienate your fan base that can afford to go to NBA basketball games. Change up the music too much or make it too edgy

Popular music has become more narcissistic in recent decades

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Several psychologists argue that pop music has become increasingly narcissistic over recent decades:

Now, after a computer analysis of three decades of hit songs, Dr. DeWall and other psychologists report finding what they were looking for: a statistically significant trend toward narcissism and hostility in popular music. As they hypothesized, the words “I” and “me” appear more frequently along with anger-related words, while there’s been a corresponding decline in “we” and “us” and the expression of positive emotions…

His study covered song lyrics from 1980 to 2007 and controlled for genre to prevent the results from being skewed by the growing popularity of, say, rap and hip-hop…

Today’s songs, according to the researchers’ linguistic analysis, are more likely be about one very special person: the singer. “I’m bringing sexy back,” Justin Timberlake proclaimed in 2006. The year before, Beyoncé exulted in how hot she looked while dancing — “It’s blazin’, you watch me in amazement.” And Fergie, who boasted about her “humps” while singing with the Black Eyed Peas, subsequently released a solo album in which she told her lover that she needed quality time alone: “It’s personal, myself and I.”

The majority of this article is about how narcissism is measured and how it shows up in younger generations.

But I would prefer to see more thinking about why music has changed in this way. A broad question could be asked: does or should pop music reflect culture or change culture? I would suggest that it does both but it would be interesting to see data on this: is music more narcissistic because people are more narcissistic or are people more narcissistic because music is more narcissistic? Answering this broad question also requires figuring out what music really means to people. For younger people, listening to music is an important activity and is an integral part of adolescence and emerging adulthood.

This recent study also tries to get at this question and can’t say much about the direction of causality:

With each level increase in music use, teens had an 80% higher risk of depression, the study found.

The study didn’t measure total listening times, but based on previous data, the study authors estimated that teens in the highest-use group were likely listening to music for at least four or five hours a day…

“At this point, it is not clear whether depressed people begin to listen to more music to escape, or whether listening to large amounts of music can lead to depression, or both,” said Primack in a statement.

By contrast, researchers found that reading books had the opposite association: with each level increase in time spent reading, teens’ risk of depression dropped 50%. “This is worth emphasizing because overall in the U.S., reading books is decreasing, while nearly all other forms of media use are increasing,” Primack said.

This contrast to reading is interesting. Does this suggest that listening to music is more self-indulgent while reading is not?

Overall, it sounds like we need more research to sort out this issue. Music is more narcissistic, the culture may be more narcissistic, this has an effect on people, but it is a bit unclear which direction the causal arrows go. If only we could design some sort of controlled experiment that could isolate the effect of more narcissistic music…

The “sonic sociologist”

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It can often to be interesting to see how people describe sociology in the non-academic realm. How about a “sonic sociologist“?

DJ Ms Thang is a relative “novelty’’ (her word) in the nightlife business: a sought-after female DJ who can get a room pumping whether she’s spinning for 20-something club kids or a ballroom full of gala-goers. Those skills, as well as her runway-model good looks (she’s sometimes been booked on those alone, she acknowledges), make it clear that “I can hold my own with the boys,’’ she added slyly.

To those who groove or merely toe-tap to the selected beats she puts out, the allure is in her perceptive crowd-reading, and her soulful style, a melange of genres…

“You’re like a sociologist,’’ she said, in her case, one in stilettos, jeans, and lace fingerless gloves. On a Tuesday night at Minibar, the sonic sociologist spins some mellow tracks for a reserved sampling of clubgoers. She starts with the Revenge Rework of Marvin Gaye’s “Heavy Love Affair.’’

It would be interesting to read a study as to how DJs develop these people-watching and perception skills. Similar to some other culture industry insiders, would DJs describe their abilities as “intuition” or “innate abilities”? If so, I suspect a sociologist might find that DJs acquire and develop these skills as they get more opportunities and hone their craft.

Sociologist looks at 80 years of love songs

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Musical styles might change a bit as time passes but an ever-present feature of rock or pop music is the love song. One sociology professor has a new book looking at such songs and they messages they send:

UC Santa Barbara professor of sociology Thomas Scheff’s new book, What’s Love Got to Do With It? Emotions and Relationships in Pop Songs, reveals why love songs may actually be negative representations of love and relationships for romantics both hopeless and otherwise.

“Music informs our ideas about emotions, and love in particular, but most love songs are terrible models. Lyrics maintain the mystery of love, but they reveal next to nothing about the look and feel of actual love,” asserts Scheff in his book.

Scheff, who studied 80 year’s worth of American song lyrics, reprimands the machine of pop love songs for setting unrealistic expectations about love for listeners. He questions the disconnect between real world expectations and actual outcomes in relationships that listeners formulate from growing up with their favorite love songs, from George and Ira Gershwin’s “They Can’t Take That Away From Me” to N’Sync and Backstreet Boy ballads. Scheff also discusses the pitfalls of pop culture influences.

On the one hand, I can imagine people suggesting that Scheff is simply writing about common sense: of course we know that love songs don’t actually reflect reality. On the other hand, I also imagine there could be some rich ground to cover here, particularly in thinking about how people readily consume such things and then go out and live more complicated relationships. How might Scheff’s thoughts about love songs fit with Ann Swidler’s look at the two dominant motifs regarding love in the United States in Talk of Love? (And in the middle, perhaps there are disc jockeys/radio hosts who will comment that this book is validation for playing love songs. This one’s for you Delilah.)

I will be interested to see if Scheff’s book looks at how love songs have changed over this 80 year period. Are the Gershwins and Adele covering the same ground?

Covering file-sharing appeal

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I’m going to be attending oral arguments here in Boston before the First Circuit Court of Appeals in the Sony BMG Music Entertainment v. Tenenbaum case (Wikipedia backgrounder) later this morning.  Appellate briefs are available here, summary from the defendant’s perspective here.

Check back later today for more commentary and analysis.

Pandora’s (copyright) box

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It’s no secret that copyright law is ridiculously complicated and in bad need of reform.  In case anyone needed reminding, paidContent covered Pandora’s CEO Joe Kennedy’s recent speech at the NARM music conference in San Francisco.  The article’s headings say it all:

  • “The complexity of international copyright limits Pandora’s business.”
  • “How huge damages in copyright law have skewed business relationships.”
  • “Our definition of ‘copies’ might need to change for the digital age.”

That’s a pretty good summary of precisely where copyright law has gone wrong.  Be sure to check out the full article.