Marvin Gaye is one of the great singers and songwriters of all time, with a status deservedly approaching secular sainthood. Robin Thicke is a sleazy dirtbag who made a giant pile of money by knocking off one of Marvin’s songs to produce a rapey earworm, accompanied by a porn video. Naturally, I side with Team …
Category Archives: Music Business
Pop songwriting in the age of the Digital Audio Workstation
Bennett, J. (2011). Collaborative songwriting – the ontology of negotiated creativity in popular music studio practice. Journal on the Art of Record Production, (5), online. My professional life at the moment mostly consists of teaching classical and jazz musicians how to write pop songs. While every American is intuitively familiar with the norms of pop …
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TufAmerica suing Frank Ocean is ridiculous
Maybe, like me, you’re a fan of “Super Rich Kids” by Frank Ocean featuring Earl Sweatshirt. Maybe, like me, you were especially delighted by the part at 1:59, when Frank unexpectedly quotes “Real Love” by Mary J. Blige. A “record label” (really a group of lawyers) called TufAmerica heard that quote too, and now they’re …
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The Red Hot Chili Peppers unplugged
In case you don’t pay attention to such things, there’s a miniature scandal swirling around the Red Hot Chili Peppers’ performance at the Super Bowl halftime show. Close examination of the footage reveals that the bass and guitar weren’t plugged in. Flea, the Peppers’ bassist, came forward and admitted that they used a pre-recorded track, …
Originality in Digital Music
This post is longer and more formal than usual because it was my term paper for a class in the NYU Music Technology Program. Questions of authorship, ownership and originality surround all forms of music (and, indeed, all creative undertakings.) Nowhere are these questions more acute or more challenging than in digital music, where it …
Sampling and semiotic democracy
Thomas Wuil Joo. A Contrarian View of Copyright: Hip-Hop, Sampling, and Semiotic Democracy. 44 CONN. L. REV. — (2012) As both a fan and a producer of sample-based music, I’m naturally sympathetic to Lawrence Lessig and the free-culture movement, a group of legal scholars advocating reforms to copyright law that would make it easier to …
The post-fidelity era
Guberman, Daniel. Post-Fidelity: A New Age of Music Consumption and Technological Innovation. Journal of Popular Music Studies, Volume 23, Issue 4, pp 431–454 Guberman divides the history of recorded music into two distinct sections: the fidelity era, stretching from Thomas Edison through the invention of the compact disk, and the post-fidelity era, beginning with the …
What are some ideas for making jazz more popular?
The trumpet player Nicholas Peyton wrote a blog post recently: On Why Jazz Isn’t Cool Anymore. It’s a must-read for anyone interested in the future of the art form. If jazz is ever going to be popular again, it needs to regain its cool. Jazz was popular when it was intimately connected to popular culture. …
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Why hasn’t the recording industry sued Girl Talk?
Last year, I spoke on a panel about sampling with a few academics and copyright lawyers. One of the panelists was Martin Schwimmer, a partner in a law firm practicing trademark and copyright law. A big part of his job is going after copyright infringers. Schwimmer assured the audience that no one will ever sue …
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Jay-Z and Alan Lomax
Why does folk music collector Alan Lomax have a copyright interest in “Takeover” by Jay-Z? I learned the answer from Creative License: The Law And Culture Of Digital Sampling by Kembrew McLeod and Peter DiCola. It’s a companion book to the invaluable documentary Copyright Criminals. The story of Jay-Z and Alan Lomax isn’t quite as …