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The Continuing Story Of Bungalow Bill
January 4, 2008
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"The more things change, the more they are the same."
-- Alphonse KarrWelcome to 2008. I thought it would be a quiet two weeks over the holidays news-wise, but I should have know better. With all the commentary I've done on the RIAA the past five years, I should have known better. Shame on me.
"Bungalow Bill" in this case is the RIAA and the labels. Although I realize I do take a whole lot of poetic license using it that way. After all the "Bungalow Bill" The Beatles sang about was fighting tigers in the jungle, while this Bungalow Bill fights tigers in cyberspace and elsewhere. Still, both "Bills" were laughable in their attempts at hunting down their prey.
Let's cut right to the chase. Hope you're sitting down for this one folks, because this is the newest safari the RIAA is embarking on. From the article below, 'Download Uproar: Recording Industry Goes After Personal Use', comes this news: "In legal documents in its federal case against Jeffrey Howell, a Scottsdale, Ariz., man who kept a collection of about 2,000 music recordings on his personal computer, the industry maintains that it is illegal for someone who has legally purchased a CD to transfer that music into his computer."
Yes, you read it right. Insanity, right? A good friend said to me after reading the article, "Gee, then I guess about 95% of the population that owns computers is headed for the courtroom."
I had to read the article twice myself to make sure my eyes weren't deceiving me, and because I could not believe the RIAA would now make such an inane case against anybody.
Two years ago, I put this piece from the ONION in the newsletter, only now, after what you just read about what the RIAA is saying, it doesn't read as funny.
RIAA Bans Telling Friends About Songs: (November 30, 2005) LOS ANGELES-The Recording Industry Association of America announced Tuesday that it will be taking legal action against anyone discovered telling friends, acquaintances, or associates about new songs, artists, or albums. "We are merely exercising our right to defend our intellectual properties from unauthorized peer-to-peer notification of the existence of copyrighted material," a press release signed by RIAA anti-piracy director Brad Buckles read. "We will aggressively prosecute those individuals who attempt to pirate our property by generating 'buzz' about any proprietary music, movies, or software, or enjoy same in the company of anyone other than themselves." RIAA attorneys said they were also looking into the legality of word-of-mouth "favorites-sharing" sites, such as coffee shops, universities, and living rooms. -- From THE ONION, http://www.theonion.com/content/node/43029.
With this latest RIAA action, I have to assume that this is really the next step.
Before I even started writing this week's newsletter, I received dozens of e-mails from readers who asked me if I had seen the article. Some of the comments:
- "It is like raising a umbrella when you notice a Tsunami wave coming at you."
- "Madness, I tell you, madness!"
- "I wish they'd come after me. I'd write about it every day. They are going to lose one of these -- I hope this is one of them."
- "Are they crazeeee???! This is simply beyond the scope of rational thought."
- "I can't believe this ... now I completely understand why you keep saying the RIAA is useless."
- "Does RIAA now stand for the 'Recording Insanity Association of America'?"
- "What in God's name are they doing? With all the other problems in the industry, they think this lawsuit will mean anything?"
I could print more, but lots of the e-mails had four-letter words in them, and I think you get the picture anyway.
Perhaps now, some of you who have e-mailed me in the past and asked me why I continually criticize the RIAA, will see this latest move on their part only cements the fact that the RIAA no longer serves the industry it is supposed to. It does nothing meaningful to help the music industry move forward, and remains committed to fighting battles in a war lost long ago. (i.e., downloading, burning copies, etc.)
While the RIAA wastes more time, CD sales plunged another 15% in 2007 and Billboard magazine is reporting that Transworld Entertainment now plans to close 14% of its 962 stores before the end of January 2008.
While the RIAA wastes more time, more labels contract and plan to cut their overhead. (See article below about EMI ... I hate to say it, but I told you so)
Want me to keep going? No, I know you don't. But I feel it necessary to keep calling the RIAA out on all these things because I still care about possibly righting the wrongs the industry has made over the past decade.
Maybe some brave industry leader will speak out about this and say it's finally time to move past filing lawsuits that have not helped the industry one iota in creating new strategies for future survival, or decreased illegal file-sharing significantly. The sales recap of 2007 sure doesn't reflect either. (If any of you have evidence to the contrary, please let me know)
Maybe some label head here in the U.S. will follow EMI's lead in the U.K. and decide to cutback on funding for the RIAA and other alleged industry associations. If there was ever a time to do it, it's now. Divert all the money you pay the RIAA annually into developing new artists that will generate healthier rosters for the long-term. Use the money to reinvest in new technologies and new media. Anything would be better than throwing your money into the black hole in Washington, D.C., the RIAA.
Of course, for the consumers out there who do put songs from CDs they purchased on their computers, there are other options. Good friend Professor Jerry Del Colliano offered one in his recent blog post 'RIAA Lawyers Gone Wild': ( http://tinyurl.com/yrsers )
"This great idea will stop illegal filesharing like the kind that is going on in that crime-ridden ghetto of Scottsdale, AZ. Here it is. It's simple. Be careful what you wish for, RIAA! Ready? Don't buy CDs."
So, now we know the answer to the question in The Beatles' song when they ask "Hey, Bungalow Bill, what did you kill?"
It's been said that "More business is lost every year through neglect than through any other cause."
How very true ... and isn't it sad?
And Now This...
As Predicted, The Drm Walls Come Tumblin' Down
Once upon a time, WMG's Edgar Bronfman Jr. vehemently opposed removing DRM protection.
Back in February of 2007, I covered the ongoing DRM pro and con arguments almost weekly and included this quote from Mr. Bronfman at that time: "We advocate the continued use of DRM. The notion that music does not deserve the same protection as software, film, video games or other intellectual property, simply because there is an unprotected legacy product in the physical world, is completely without logic or merit."
In response to Mr. Bronfman's comments, I followed up with this quote from journalist's Michael Geist's article "The Recording Industry's Off-Key Strategy:" "Digital rights management supporters may claim that the technology encourages innovation, yet experience has demonstrated that reliance on digital locks frequently sink, rather than save, new business models."
And I went on in other follow-up issues to say that fighting DRM was a lost issue. I summed it up by saying, "And once DRM-free music is sold, no matter what the outcome regarding expected sales increases, is there ever a way to go back and try and put DRM protection again on online music sales? Such a move will only increase yet more illegal downloading and file-sharing. The DRM walls are down permanently. Whether the labels and others like it or not, DRM-free music is here to stay now."
Over the holidays, Mr. Bronfman released WMG's catalog of almost three million tracks to Amazon.com (see story below) without DRM.
In doing so, Mr. Bronfman said, "By removing a barrier to the sale and enjoyment of audio downloads, we bring an energy-sapping debate to a close and allow ourselves to refocus on opportunities and products that will benefit not only WMG, but our artists and our consumers as well."
Things change.
And This...
Professor Jerry Del Colliano's column on the music industry's proposed legislation to lift the royalty tax exemption from radio, is a MUST-read.
I mentioned how inane this legislation was in the last issue of 2007 and started that section with "Well, Forrest Gump was right ... "Stupid is as stupid does."
Jerry's written a great piece about this issue; take five minutes and read it at: http://tinyurl.com/2hda7c.
Download Uproar: Record Industry Goes After Personal Use
Despite more than 20,000 lawsuits filed against music fans in the years since they started finding free tunes online rather than buying CDs from record companies, the recording industry has utterly failed to halt the decline of the record album or the rise of digital music sharing.
Still, hardly a month goes by without a news release from the industry's lobby, the Recording Industry Association of America, touting a new wave of letters to college students and others demanding a settlement payment and threatening a legal battle.
Now, in an unusual case in which an Arizona recipient of an RIAA letter has fought back in court rather than write a check to avoid hefty legal fees, the industry is taking its argument against music sharing one step further: In legal documents in its federal case against Jeffrey Howell, a Scottsdale, Ariz., man who kept a collection of about 2,000 music recordings on his personal computer, the industry maintains that it is illegal for someone who has legally purchased a CD to transfer that music into his computer.
Read more about it by clicking here.
David Byrne's Survival Strategies for Emerging Artists - and Megastars
From WIRED magazine, a great article by David Byrne about the state of the industry"What is called the music business today, however, is not the business of producing music. At some point it became the business of selling CDs in plastic cases, and that business will soon be over. But that's not bad news for music, and it's certainly not bad news for musicians. Indeed, with all the ways to reach an audience, there have never been more opportunities for artists.
Some see this picture as a dire trend. The fact that Radiohead debuted its latest album online and Madonna defected from Warner Bros. to Live Nation, a concert promoter, is held to signal the end of the music business as we know it. Actually, these are just two examples of how musicians are increasingly able to work outside of the traditional label relationship. There is no one single way of doing business these days. There are, in fact, six viable models by my count. That variety is good for artists; it gives them more ways to get paid and make a living. And it's good for audiences, too, who will have more - and more interesting - music to listen to. Let's step back and get some perspective."
Read more about it by clicking here.
New Music Services Reach For Slice Of Digital Pie
After 2006 -- a year when virtually no one managed to launch a digital-music service in competition with Apple's dominant iTunes -- 2007 was a refreshing change of pace. Several fresh faces emerged onto the digital-music scene this year, buoyed in part by record companies' newfound willingness to experiment with different business models, but also by the departure of several high-profile competitors. By far the most visible service to throw in the towel this year was MTV's Urge; now, a new entity called Rhapsody America joins Rhapsody's technology with MTV's editorial and music curation staff.
Read more about it by clicking here.
EMI Faces Restricted Budgets And Job Cuts
EMI's new private-equity owners are enforcing tight restrictions on new artist signings and marketing budgets in an attempt to impose stricter discipline in the traditionally profligate music industry.
The moves are likely to be followed by job losses among the U.K. music group's 5,500-strong workforce later in 2008. People who have been briefed on Terra Firma's plans expect the axe to fall more heavily on the overlapping marketing and administrative bureaucracies of individual labels than on creative "A&R" talent scouts.
Read more about it by clicking here.
Amazon Adds Warner Music Tunes To Download Service
Aiming to compete with Apple's iTunes online store, Amazon, which also has deals with Universal Music Group and EMI, has priced many of its songs at 89 cents each.
Read more about it by clicking here.
Can the Guitar Hero Video Game Teach Teens To Love Technically Important Music?
From avrev.comOne of the holiday's hottest gifts was Activision's videogame Guitar Hero 3 for Playstation, Xbox 360 and Nintendo's Wii, as well as PC and Mac versions. The game, for those of you who haven't seen the demo, allows the player to rock out with a faux guitar-controller to your favorite classic rock jams while amassing points for your performance. While you punch away at five buttons on the pseudo-guitar, you are judged as to how accurately you hit the "notes," strum the strings and even bend the "whammy bar."
Read more about it by clicking here.
XM Settles With Warner Music, And Agrees To New Deal
This settlement is the latest surrounding XM's portable satellite radio with recording features; the multi-year agreement covers current, future XM devices.
Read more about it by clicking here.
Classic Acts Rule Over Concert Sales
Reunited bands bring in big business
From Variety.comMusical acts whose debut recordings were made three decades ago dominated the North American concert business in 2007, with half of the top 20 grossing performers having started their careers in the 1970s.
The Police topped the chart by taking in $131.9 million from 54 North American shows, far outdistancing No. 2 seller Kenny Chesney, who made $71.1 million on the same number of shows, according to Pollstar, which tracks the concert business. The Police and Chesney were the only acts to sell more than 1 million tickets in 2007; four acts, one of which was Chesney, did it in 2006. Then there was Van Halen, and others.
Read more about it by clicking here.
Tech Predictions For 2008
PC Magazine's Tim Bajarin looks at key industry issues and trends for the coming year, and lists his Top-10. See what he has to say about social networks, Apple, smartphones, "basic PCs", flash-based laptops and more.
Read more about it by clicking here.
At Least MTV's Websites Push Music Videos
Even if they don't play that many music videos on MTV anymore--they do on its websites. Viacom's three big music video sites--MTV.com, VH1.com, and CMT.com--grabbed more than 1.2 billion video streams in 2007. That's up 30% from the year before. MTV Networks' Music Group now says it attracts 30 million unique visitors to its site every month.
Read more about it by clicking here.
Digital-Album Packaging To Improve In '08
There is a reason people still buy CDs more than they do digital albums. Actually there are several, but viruses that come along with music via peer-to-peer sites and a concern over digital rights management aren't the only culprits. Digital music files just don't provide the same amount of content that a CD package does. That includes liner notes, extended album art and lyrics. Buy a digital album today and all you get are a list of tracks and (maybe) a thumbnail image of the album cover that you can't even read.
As downloading digital files becomes more predominant than buying CDs and records, expect to see cover art, liner notes, and lyrics enter the digital age.
Read more about it by clicking here.
British Music Industry Boosted By Online Sales
The struggling music industry could be seeing the first signs of recovery with figures showing online downloads more than doubled in Britain in the last week of 2007 compared with 2006, analysts said. The industry, which has been hit by piracy, is looking to online sales to offset falling CD sales. Last week's figures were likely boosted by consumers going online after receiving music vouchers and digital music players such as Apple's iPod for Christmas.
Read more about it by clicking here.
JAY-Z SEZ HE'S MOVIN' ON
Shawn "Jay-Z" Carter announced on Christmas Eve that he will leave his post as president of Universal Music Group's Def Jam Records label after his contract expires this year, and said in a statement that it is "time for me to take on new challenges." He will continue to release his own music through his record label Roc-A-Fella/Def Jam.
REMEMBERING IKE
Phil Spector and Little Richard were among the eulogizers at a memorial service in Gardena, CA for controversial rock & roll pioneer Ike Turner, who died December 13th at 76.
SPARKS SINGS AT SUPER-BOWL
With a Top-10 single "Tattoo" already under her belt, last season's "American Idol" winner, Jordin Sparks will sing the national anthem at the Super Bowl, on Feb. 3rd.
WOULD YOU WANT TO LIVE NEXT TO THEM?
Britney Spears was voted one of the worst neighbors of 2007, second only to disgraced NFL quarterback Michael Vick, who has admitted to aiding and abetting a brutal dog-fighting ring at one of his properties, according to a survey conducted by real estate site zillow.com. Rosie O'Donnell was third-worst.
IT'S GONNA' BE HAMMER TIME, ONLINE
MC Hammer has announced plans to launch the website DanceJam.com later this month. The website will be similar to youtube.com and will allow users to share and watch their own dance videos.
BYE-BYE BORAT
Sacha Baron Cohen has announced to the world, via Britain's Daily Telegraph, that he is retiring his now world-famous characters of Ali G and Borat as their overwhelming popularity has become a creative liability, with him no longer being able to go undercover as the foreign reporters. Put that creative mind to work, Sacha, and come up with another character.
DIVORCE COURT
The 26-year marriage of Eddie Van Halen and new Jenny Craig spokesperson Valerie Bertinelli was officially terminated by a judge on December 19th, according to documents filed in Los Angeles Superior Court.
DIVORCE COURT 2
After 11 years of marriage, Sean Penn and his wife ("The Princess Bride") Robin Wright, have filed for divorce.
DIVORCE COURT 3
Marilyn Manson's divorce from Dita von Teese was finalized over the holidays and the two have been "restored to the status of single persons."
GET READY, 'CAUSE HERE IT COMES
"American Idol" will probably resume its stronghold on the ratings when it returns with a two-night series premiere on Fox Jan. 15 and 16, which kicks off a full four weeks of audition shows. With most TV shows in reruns because of the writers' strike, the show might be bigger than ever this year.
WHETHER HER PERSONAL LIFE IS A TRAIN WRECK OR NOT
Amy Winehouse's sophomore album, Back to Black, which features the hit "Rehab" (and isn't that title just hysterical considering Amy's personal problems?), has become the U.K.'s biggest selling album of the year, moving more than 1.5 million copies and achieving five-time platinum status. And in other Winehouse news, Amy is appealing the fine she paid following a pot-possession bust in Norway, but she's must appear in court if she wants this issue sorted out.
IF YOU WERE TRAVELING DURING THE HOLIDAYS, DID YOU REMEMBER TO PACK YOUR WEAPON?
Rapper Yung Joc was arrested December 23rd at Cleveland Hopkins International Airport after a loaded gun was found in his carry-on bag when he tried to go through a security checkpoint. Joc claimed he was unaware the gun was in his bag. He was freed on $50,000 bail. "Unaware" the gun was in his bag? Does Yung Joc do comedy rap?
FERGIE TO GET HITCHED
Fergie's boyfriend of three years, Josh Duhamel, asked her to marry him over the holidays. No wedding date announced yet, which is probably good, because if Fergie stays out on the road a whole bunch more, the marriage could end-up a trial separation.
MORE PROOF THAT THE "M" IN MTV NO LONGER STANDS FOR "MUSIC"
MTV has ordered up a second full season of "'Shot at Love with Tila Tequila," its bisexual dating show.
THE PIANO MAN IN PHILLY
Billy Joel will perform some of his own songs with the Philadelphia Orchestra on Jan. 26th to celebrate the 151st anniversary of the Academy of Music.
ON THE ROAD AGAIN
Rush will be hitting the road for a 40-plus-date tour this spring, kicking off in Puerto Rico in April. Other stops on the agenda include Chicago, Detroit, Seattle and Philadelphia.
APPLE GETS MORE DOWNLOAD BIZ AND HERE COME THE MOVIES
Apple is expected to unveil plans in January to launch a movie rental service through its popular online iTunes store, as well as license Fair Play, its anti-piracy technology, to 20th Century Fox. The studio will also become one of the first distributors to make its films available for rent.
WHY THE HELL DOES THE MEDIA KEEP TALKING ABOUT HER?
Lindsay Lohan's role in "I Know Who Killed Me" was voted the worst performance by an actress in 2007 in a poll conducted by AOL's Moviefone Website. And who goes to any movie because Lindsay Lohan is in it?
PASSING
Legandary jazz pianist Oscar Peterson passed away December 23rd from kidney failure. He was 82. Peterson was the recipient of a 1997 Lifetime Achievement Grammy, as well as an International Jazz Hall of Fame Award, and he leaves an incredible legacy of recordings behind.
PASSING
Many of you might have read the news about the passing of legendary producer Joel Dorn passing away right before the Christmas holiday. He was 65. Joel touched the lives of so many people he worked with, through his work with artists like Roberta Flack, Bette Midler, the Neville Brothers, Herbie Mann, the Allman Brothers Band, Freddie Hubbard, Keith Jarrett, and others. "Joel bridged the worlds of jazz and pop with enormous skill and grace, never compromising the integrity of his artists and their music," said Edgar Bronfman Jr., chairman of Warner Music Group.
Quotes of the week
"What is called the music business today, however, is not the business of producing music. At some point it became the business of selling CDs in plastic cases, and that business will soon be over. But that's not bad news for music, and it's certainly not bad news for musicians. Indeed, with all the ways to reach an audience, there have never been more opportunities for artists."
-- David Byrne, in Wired magazine."It's like there's one or two things the public knows about every famous person. With me, everyone knows I wet my pants onstage and had a crystal-meth addiction. That sucks. You have to laugh."
-- Fergie, on wetting herself during a performance, to Blender magazine. Yeah, that does suck, Fergie. What sucks more is that you talk about it like it really might be funny. It's not. Neither habit is funny at all."There was an image of me as this cute 'n' cuddly guy, which, in as far as it got me laid, I didn't mind too much."
-- Michael J. Fox, on his star status during the "Family Ties" era, to Esquire. I do love it when celebrities are actually honest."They need to get their asses out of nightclubs and have a barbecue with their f***ing family once a week. It's not rocket science."
-- Foo Fighter's Dave Grohl, on celebrity train wrecks, to Maxim magazine."Do you get white wine or red wine to go with Quaaludes?"
-- Joan Rivers, on the trouble of buying a gift for daughter Melissa's friend Lindsay Lohan, to Martha Stewart. At least Joan's asking. The wrong wine with the wrong drugs can be devastating."I am a country girl. I grew up in Texas, and country music was what I listened to."
-- Jessica Simpson, in Nashville, talking about her upcoming plans to record a country album.
The B-Side - 'Blips'
THE ONION (www.theonion.com) STORY OF THE WEEK:
Area Family's Trip To New Hampshire Sparks Rumors Of Presidential Bid
MANCHESTER, NH-Rumors are swirling among Beltway insiders that the Patterson family vacation last weekend to New Hampshire, site of the first presidential primary, was, in fact, an attempt by the Michigan family of four to test the waters for a 2008 presidential run.
The Pattersons reportedly spent most of their three-day stay in the Granite State-known for its ability to make or break a candidate-interacting with locals, visiting key landmarks, and, according to political observers, using the outing to showcase their message of strong family values. They were seen taking a guided tour of a maple-sugar house in Barrington as well as stopping for countless photo opportunities outside government buildings in Concord and at other sites around the state.
"No one knew they were planning to throw their hat in the ring," Boston Globe columnist Scott Lehigh said.
Read the rest and laugh here: http://tinyurl.com/2wn2ao.
The Blogs
Check out a great blog by Jerry Del Colliano, the Director Executive Programs, Clinical Professor Music Industry & Recording Arts, at the Thornton School of Music,University of Southern California, by clicking here: http://www.insidemusicmedia.blogspot.com.
Box Office
Check The Daily & Weekly Box Office (and more film info) at: www.boxofficemojo.com.
TinyURL
Check out www.tinyurl.com where you can make a smaller URL that will work for any webpage you wish to link to or reference. (As you can see, I'm using it in my news stories above!)
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