Dubner, Stephen J. "What's the Future of the Music Industry? A Freakonomics Quorum." Freakonomics Blog, New York Times. 20 September 2007. <http://freakonomics.blogs.nytimes.com/2007/09/20/whats-the-future-of-the-music-industry-a-freakonomics-quorum/>

This 2007 New York Times blog compiles the opinions of five different experts on the music industry. They are asked to reflect on the "future" of music in the context of the digital revolution. One expert is the author of the previously-referenced "Effects of File-Sharing on Record Sales," three are major music executives, and another is the founder of Engadget and a free, online-only music label. Essentially, they all offer disparate perspectives regarding the way in whcih music consumption is changing.

In a paper meant to argue a particular position about the success of new online music distribution methods, any novice or statistical opinion must be tempered by that of the experts. This New York Times column is a unique and valuable compilation of 5 different expert opinions. Largely, everyone seems to agree that the music industry is undergoing substantial change and that the labels must be open to reinvention. One suggestion undrestood by the labels in 2007, it seems, are advertising-supported models. Most interestingly, in their opinions these experts define exactly why the internet has changed the demand for music so thoroughly: it has affected scarcity. This is a crucial basis of understanding for any marketing or revenue model that follows.

 

One look at the pages of this book and it is immediately known that it is unlike any other sources to be used for this essay.  The pages are printed with a hole in the center and the outline of a CD on each one – clearly a modern work by a modern author.  This is the argument for all of the merits of sampling and Dj-ing music for a crowd as told from the perspective of an established DJ, Paul Miller (DJ Spooky).  Despite its casual tone and appearance, however, this book is filled with intellectual commentary on the state of music and the art of remixing today. 

            Quoting anyone from Woodrow Wilson to George Clinton, Miller offers a wide range of examples to support his stance on the art of Dj-ing.  He believes that sampling music is a form of creation, putting a musical piece of work together in a different way in order to achieve what DJs refer to as “flow.”  He asserts that sampling is both the result and catalyst for new music.  “You can never play a record the same way for the same crowd,” he writes, calling the digital sample a “recycling” of sorts, a “repurposing” of an old melody or riff. 

Miller’s unique stance as a DJ himself, combined with the casual tone of this narrative offer the reader a conversation with a man deeply involved in the digital music industry.  As mentioned above, he does indeed advocate the benefits of the art, but he also recognizes the dangers of “taking sampling too far.”  Seeing the digital music industry from his eyes in this way is a welcome insight into yet another point of view on this topic.  This will only add to the complex standpoint that I will be able to take in writing this essay. 

 

Seemingly a sequel to his previous work, Sound Unbound is compiled with the help of numerous contributors and reads much more like a scholarly account than its predecessor.  It delves further into the intricate aspects of Dj-ing and remixing: sampling, appropriation, plagiarism, and various forms of musical technology from tape loops to video opera.  The list of contributors ranges from science fiction writers to media activists, from rappers to composers, and this wide range of expertise offers an even better insight into the intricacies of the music industry in the digital age that the first book provides.

Most important to the focus of this paper, however, remains to be the testimony and work of Paul Miller.  Once again, his experience as a professional DJ offers an exclusive look into the life of someone who makes a living off of sampling and remixing, however the supporting chapters from his colleagues offer a much stronger foundation for his more up-to-date commentary on the industry.  In addition, the work of novelist Jonathan Lethem on appropriation and plagiarism is a good complement to Miller’s chapters on sampling and civilization. 

Contrary to the last book by Miller, Sound Unbound explores more deeply the legal implications of “stealing” another’s song or work, and the distance that one must go in order to gain such negative attention from the authorities or at least the original creators.  Furthermore, the book includes a mix-CD compiled by Miller himself, made up of a variety of artists commonly classified as “avant-garde,” which only serves to enhance the written works that he includes in the book.  It gives the reader something real and interactive – a way to experience what all of the scholars are talking about first-hand.  It is the well-roundedness of this complete work and the many facets of the modern music industry that it covers from the inside-out that is the reason this is so helpful in the construction of my final paper.

 

Katz also examines the realm of digital sampling, but he does so with a keen detective’s eye, looking at the practice from the outside-in.  He uses three case studies to show the main uses and techniques employed with digital sampling.  First of which is a “song” created by Paul Lansky with recordings of human voices speaking random words entitled “Notjustmoreidlechatter.”  The complicated issue of speech and music is addressed through this first instance of sampling and Katz identifies the specifications and implications of either one.  Secondly, he compares two pop songs, Camille Yarbrough’s “Take Yo’ Praise” and Fatboy Slim’s “Praise You,” which uses bits of the former in its creation of the latter.  Finally, he breaks down the numerous sampled bits in Public Enemy’s “Fight the Power.”  Public Enemy’s strong political message coupled with the nature of his samplings creates one of the most powerful sample-ridden songs of contemporary music. 

Katz only does so after first clarifying with the reader what exactly sampling is.  This definition has been found in the majority of the sources, but none went on to detail the legal issues as well as Katz.  He also goes on to explore the question of originality and immorality in terms of remixing and sampling.  Nevertheless, his case studies have proven most useful in determining the full extensions of digital sampling in music and his insight into its effect on music today.  He also lightly touches on the various effects parodies have upon the original work, if any, and acknowledges the complexities within the industry when it comes to approval for such works.  This book could possibly be the best source found thus far, seeing as it is not overly specific in its subject matter, yet it explores enough topics in a reasonable level of detail to be reliable. 

 

Lee Marshall, co-editor of the very first source, "Music and Copyright – Second Edition," authors this work of similar form but on a slightly different subject.  The strictness of copyright law in terms of music is once again revisited but is no longer commented on as either fostering or inhibiting creativity in the industry.  Lee more explicitly lays out the fundamentals of copyright law, especially when it applies to bootlegging and piracy, and he broadens the discussion outside of the United States to international copyright law. 

            Prior to his outline of the bootlegging/piracy portion of the industry, Marshall itemizes the four main copyright issues in music.  The first two he identifies as the copyright of the original work itself: song and lyrics.  Beyond that, he clarifies the issue of copyright of the recording and who often owns the rights to a song produced in a studio.  Lastly, he outlines the details of copyright it terms of the performance and the differing stipulations both in the United States and abroad.  Marshall then asserts that the main concerns over performers’ rights stem from issues regarding bootlegging, and he goes on to explain the complicated laws concerning it. 

            Bootlegging and piracy are two of the main portions of copyright law that are most closely related to, if not directly cited in, cases involving digital sampling.  By referencing Marshall’s comprehensive look at copyright law as it pertains to bootlegging, I can not only ascertain for myself whether or not a particular usage is acceptable or not, but I can also refer to the various case studies employed by Marshall if unsure.  In writing this final essay, Marshall’s detailed work on bootlegging and piracy in terms of copyright law has certainly been a valuable source to cite.

 

An academic journal from Columbia University, this source is the first on the list to fully support the other side of the argument between song samplers and those being sampled.  McGiverin begins the journal by arguing for the musician’s rights to be compensated for any and all portions of his work that are reproduced in another work.  He then goes on to divide his work into three main portions: the first of which describes sampling and its implications in the music industry, the second applies the 1976 Copyright Act to sampling from phonorecords, and finally the third investigates state common law and rights of publicity in terms of musicians’ control over their original work. 

            A source of this nature is essential for any paper analyzing the issue of sampling in the music industry, seeing as it provides the exact counter-argument of a few of the sources found.  McGiverin continues to refer to an artist’s sampled work as his or her “auditory identity,” giving great importance to the underlying bass lines and riffs that make up the background of a performance.  In doing so, he asserts the value of these otherwise-overlooked aspects of a work.  Seeing that they are often the portion involved in the sampling, they should be given greater significance and, as McGiverin believes, the original artist should be compensated for their use. 

            As mentioned above, this source is arguably the most important, simply because of the point of view that it represents.  Although this paper has been unbiased in theory, the majority of the sources were all either neutral or in support of one side of the argument.  By providing an intelligent and fresh insight into this half of the issue, this source is one of a few to complete the perspective in order to find a well-informed answer to the question concerning the limits and merits of digital sampling in the music industry. 

For my topic I plan to explore how pirating has changed with the advancement of music technology and how the music industry has adapted to deal with this on-going problem. I want to demonstrate the arms race that has been occurring between new technologies and the illegal copying or stealing of music sources.

            This is a long essay about corporate power in the music industry. The argument is that cross-ownership in the media tends to reduce competition and increases profits, in turn, forcing music production to become increasingly uniform and profit driven, and harming artistic expression. It has descriptions of corporate sponsorship, and the loss of diversity. The next section is about Clear Channel Communications, and how the consolidation takes away jobs, excludes a large variety of music, and provides listeners with a biased source of information. Next, is the analysis of a recent hit, which examines the predetermined song structure which results in homogenized music and play lists, this is called the sound of corporate music. The conclusion suggests that a number of musicians would prefer to circumvent the bureaucratic systems of the industry, and that in order to preserve the artists ability to express sometimes controversial and diverse views, that musicians and the population at large would prefer legislation that moves away from monopolies.

 

            This article is relevant to my research in finding out why copyright holders are willing to waive some of their copyright in such cases as MP3 blogs, which often involve unauthorized downloading of copyrighted work. In the conclusion of the article, it suggests that a majority of musicians are not so upset about free downloads and many who are independently minded, support distribution systems that are not connected with the industry devotion to profit. Some artists who want to make more controversial material release it for free on the internet. It also suggests that this is a reaction to media consolidation, and provides some argument that more copyright control leads to the growth of monopolies, and the limiting of new technology and expression.

Charlotte Greenspan writes about the adaptability of Irving Berlin and his music. Berlin paid attention not only to different ethnicities in his songs, but also to the entertainment trends and technological developments of time. He also wrote patriotic songs during the First World War. Greenspan notes that although Berlin was always conscious of the era, there is also a timeless quality to many of his songs. As sound emerged in film Berlin left the stage and moved to California to write songs for films, one of his first was The Jazz Singer. After not having much success in Hollywood, Berlin left to go back to the stage, only to return in 1935. Greenspan writes that Berlin signed a contract with RKO that allowed him more creative freedom than any of the studios he had worked with earlier in his career as well as a good share of the profits. Greenspan looks at the film Top Hat for which Berlin did the music. She describes each of the five songs as “unusual in one way or another.” She also explains how the music functions in early sound films and addresses the issue of why the characters are singing? Greenspan claims that in this film Berlin wrote songs that interesting so they could be played repeatedly and so they could be recognizable. This was Berlin’s method of plugging a song in a film. Greenspan also notes how Berlin lengthened songs and adapted form to fit the film so a piece was not repeated over and over. She examines this more with an in-depth analysis of Berlin’s song “Cheek to Cheek” which is nine minutes long in the film Top Hat.
Greenspan then turns to the compiled score for Alexander’s Ragtime Band. This film is significant because it details the development of the popular song and is also a biography of Berlin, in a sense. The film’s score only had three pieces composed for it, the rest of the twenty-three pieces were compiled from previous works. Greenspan uses this film to show how popular songs were placed in film at that time and also shows its significance in the history of film and Berlin’s career.
Greenspan concludes her article with an explanation of how Berlin went to Hollywood and adapted himself for scoring films. He not only developed his style for film music but put songs in films in a way that was original and innovative.
This article gives an interesting look at the early film score and how the popular song fit into it. Irving Berlin is an Icon and he demonstrates the connection between the music and film worlds. He shows how the two adapt and fuse together.

A nine minute student documentary of the Free Culture New York Summit held at Columbia University, January 2006. The film explores a new form of student activism, based primarily on and about the Internet. Beginning with the Free Culture demonstration at the Times Square Virgin Megastore, the documentary covers Free Culture members out to educate consumers on alternative forms of music distribution online (archive.org, ccmixter.org, blogs, etc). It continues the discussion with interviews featuring conference participants (Cory Doctorow, Creative Commons, Free Culture students activists). Finally, using cc licenses for distribution and production, the film acts as an example for other young student filmmakers who are interested in alternative copyright licensing.

PART 1

This book is a detailed look at NAFTA and the cultural industries. The book opens with an explanation of trade agreements like NAFTA and GATT as well as FTA and Cultural Industries. The book questions if culture should be subject to free trade. In the second chapter, John Sinclair examines cultural industries and the theory of cultural dominance and imperialism. Sinclair writes about the difference of cultural products from commodities because their appeal is their novelty and they are not used up when they are consumed. Sinclair questions if national culture should be protected by trade laws and to what extent. In the third chapter, Colin Haskins, Adam Finn and Stuart McFadyen write about TV and film in relation to Canada’s response to US dominance in international trade. This chapter is an examination of different country’s responses to US dominance with an economic focus. They question trade issues asking if they are merely goods, if the US is dumping and why the US dominates in the trade of cultural industries. The last section of the chapter is about Canadian policy and an assessment of their laws in relation to cultural industries. The next chapter in this part of the book, by Henry Newcomb, questions what happens to a culture when it adopts another culture’s methods of producing, understanding and representing their culture. Newcomb says that only cultural industries and not the culture itself can be protected by trade agreements. He looks at the issues and problems in defining cultural industries and how to protect them. The next chapter also concentrates on TV and more specifically the soap opera within the context of global media. Robert C. Allen begins with a brief history of the soap opera. Allen chooses to focus on the Mexican telenovela and compare it to US soap operas. In his comparison of the telenovela and the soap opera, Allen argues that the telenovela is a stronger product in the international market than the US soap opera.

 

 PART 2
The next section of the book focuses on Mexico and cultural trade and identity.  The first chapter, by Carlos Monsivias, is about Mexican nationalism and how the US cultural industries and presence in Mexico affects the sense of nationalism in the country.  He claims that the cultural identity needs to stem from adaptability of US culture into the Mexican system because the power of the US cannot be denied.  Following this chapter, Nestor Garcia Canclini also writes about the Mexican identity.  Canclini says that there will be multicultural and trans-cultural changes and influence within Mexico and its social and cultural policies.  Jose Carlos Lozano, in his chapter, focuses on the reception of US cultural industries on the Mexican border and their effects on Mexican culture.  This chapter focuses on the people’s response to the opening of Mexico under NAFTA and the effects of US culture on people close to the border.  He shows that there is nationalism and that people often prefer the products of their country.  The last chapter in this section of the book is by Eduardo Barrera and again deals with issues surrounding NAFTA, cultural industries and the US-Mexico border.  He calls the border a laboratory for post modernity.  Barrera does a case study on TV in a barrio to look at the effect of the transmission of cultural industries across the border with results that support Lozano’s arguments.  The next section of the book focuses on Quebec and issues of trade and national identity. The first chapter shows how cultural industries are important to the survival of cultural identity.  Claude Martin writes about how Quebec’s cultural industries are fundamental to the nation, despite their lack of strength when compared to Hollywood.  The next chapter, by Roger De La Garde, is a look at TV in Montreal and the effects of free trade on the industry and community.  This chapter is similar to those on Mexican border studies, in that it demonstrates a demand and a loyalty to local programming as opposed to English or dubbed-US shows.  The following chapter examines best selling books as a representation of Quebec’s support of their authors.  Jacques Lemieux and Denis Saint-Jacques claim that in the ten years of the study, Quebecois authors sold more books than US authors.  The final chapter on Quebec focuses on the music industry.  Line Grenier again demonstrates that the people of Quebec prefer their own music to the US imports.  The final part of the book focuses on copyright and contracts.  The first chapter focuses on issues surrounding the popular music industry in relation to NAFTA.  It explains how music is always changing copyright law and speculates how NAFTA will change to cover new laws and technologies.  The final chapter, by Keith Acheson and Christopher J. Maule, is a broader look at copyright, NAFTA and cultural industries.  They argue that cultural products are becoming more and more prevalent in daily life and they have an effect on the quality of life.  They demonstrate what copyright does and how it interacts with contracts to function in the cultural industries.  This book was very interesting and provided a lot of points of view on NAFTA and how it works in terms of trading cultural commodities.  The authors’ articles were all different but each section came together to demonstrate common themes and sentiments. 

 

Smith, Jeff (Jeffrey Paul). Sounds of commerce : marketing popular film music / Jeff Smith. [0231108621 (cloth : alk. paper)] New York : Columbia University Press, c1998.
Call#: Van Pelt Library ML2075 .S65 1998

Jeff Smith's The Sounds of Commerce: Marketing Popular Film Music details the interaction between the film and music industries in relation to a popular film score and soundtrack. The book opens with a musical theory analysis of the classical and popular film scores. Smith details the history of the pop score and the necessity that it is composed or compiled from popular music genres and styles as well as it being highly accessible to the audience. Smith argues that a pop score can function in the same dramatic manner as a classical score highlighting themes and character traits as well as serving the plot, despite its difference in sound and structure. Smith follows his musical analysis with a more business-oriented chapter detailing the interactions between the film and music industries. He continues with a closer look at cross promotion and beginning in the 1950s, how the emphasis on jazz begins to shift more to pop music. Smith follows his business analysis with case studies on the popular scores of three films Breakfast at Tiffany.s, Goldfinger and The Good, The Bad, and The Ugly. First, Smith looks at Henry Mancini. work on Breakfast at Tiffany's. In this section he shows how the pop score functions within the larger signification in the film as well as how Mancini took the pop score and used it to make a viable soundtrack album. Smith cites Mancini.s background in Jazz as an important influence on how he was able to adapt the score into commercial success through the monothematic score. Next, Smith focuses on John Barry.s Goldfinger. Here, he shows again Jazz.s important influence on Barry as well as the importance of the musical theme in selling and promoting film. Smith demonstrates how the repeated use of a theme allows the audience to draw associations if they know the reference, while maintaining a function beyond that so the theme functions effectively for those who are unaware of its history. Finally, Smith writes about Ennio Morricone and The Good, The Bad, and The Ugly. This chapter focuses on the interpolated song, which Smith says drives the narrative and sells itself as a commercial product. Morricone developed a style based on his training and Italian roots which, unintentionally, made his scores extremely popular. Smith also examines the effects of Scopitone and Cinebox on film scores. After the case studies, Smith shifts his focus back to the pop score as a whole first focusing on the 1960s and the compilation score. The final chapter of Smith's book examines theme songs and soundtracks post 1975. This chapter looks at business models, focusing on the music industry and its conglomerates, as well as new functions in the role of film scores and soundtracks such as the position and role of the music supervisor. This chapter shows the development of the studios and music labels and their continuing work together. Smith.s book provides a helpful and interesting analysis of the synergy of the film and music industries. His case studies are interesting choices that highlight many different aspects and functions of the popular film score as we know it today.

    This article deals with peer-to-peer (P2P) sharing and the film industry.  The ninth circuit court ruled in the case of MGM v. Grokster.  The court ruled that some file sharing Internet services are not liable for copyright infringement committed by their users.  This is a big blow to both the music and film industries.  David Bell and Jeffery Sullivan acknowledge this decision as “legally correct,” but they are also aware of its implications for the entertainment industries.  The sellers of copying equipment are not liable for the use of the equipment in copyright infringement, as decided by the Supreme Court in Sony v. Universal.  Since Grokster and Streamcast were found to have substantially legitimate uses, they fell under the precedent set by the Sony case..  Next, MGM tried to prove vicarious copyright infringement through direct infringement by a primary party, direct financial benefit by the defendants and the ability of the defendants to supervise the users.  This was not proven because the relationship between software provider and user is decentralized and the software provider has no obligation to monitor the actions of its users.  This ruling was appealed. The appeal questions if the defendants are responsible for secondary copyright liability because of the large amount of infringement.  Here, Bell and Sullivan explain the standards for secondary liability.   They argue that the court was to narrow in its definitions for knowledge of infringement and contributions to primary infringement.  Next the article deals with pervious rulings on the case and the necessity of proving legitimate uses if one is to use the Sony verdict in its favor.  The article deals with if and how the Supreme Court should address and respond to this case. The next part of the article explains existing legislation.  It states that copyright holders cannot recover loses from secondary copyright infringement.  It also looks at cases of the record industry against Internet Service Providers, noting the protection of software companies and ISPs.   The article looks at the Induce act, which was brought up fro review recently and would make software companies liable for encouraging copyright infringement.  The article shows the pros and cons of this piece of legislation.  Other pieces of legislation brought up in the article are the Piracy Deterrence and Education Act, the Protecting Intellectual Rights Against Theft and Expropriation Act and the Family Entertainment and Copyright Act.  The article concludes with an explanation of the possible effects of the Supreme Court’s decision on the case.
    The article provides a detailed explanation and example of the copyright issues brought up by P2P technology.  There is a good analysis of the case as well as explanations and references to copyright law and how these issues are being dealt with outside of this specific instance.  The language is a little legal at times, but the article is very comprehensive and informative. 

Charlotte Greenspan writes about the adaptability of Irving Berlin and his music.  Berlin paid attention not only to different ethnicities in his songs, but also to the entertainment trends and technological developments of time.  He also wrote patriotic songs during the First World War.  Greenspan notes that although Berlin was always conscious of the era, there is also a timeless quality to many of his songs.  As sound emerged in film Berlin left the stage and moved to California to write songs for films, one of his first was The Jazz Singer.  After not having much success in Hollywood, Berlin left to go back to the stage, only to return in 1935.  Greenspan writes that Berlin signed a contract with RKO that allowed him more creative freedom than any of the studios he had worked with earlier in his career as well as a good share of the profits.  Greenspan looks at the film Top Hat for which Berlin did the music.  She describes each of the five songs as “unusual in one way or another.”  She also explains how the music functions in early sound films and addresses the issue of why the characters are singing?  Greenspan claims that in this film Berlin wrote songs that interesting so they could be played repeatedly and so they could be recognizable.  This was Berlin’s method of plugging a song in a film.  Greenspan also notes how Berlin lengthened songs and adapted form to fit the film so a piece was not repeated over and over.  She examines this more with an in-depth analysis of Berlin’s song “Cheek to Cheek” which is nine minutes long in the film Top Hat.
    Greenspan then turns to the compiled score for Alexander’s Ragtime Band.  This film is significant because it details the development of the popular song and is also a biography of Berlin, in a sense.  The film’s score only had three pieces composed for it, the rest of the twenty-three pieces were compiled from previous works.  Greenspan uses this film to show how popular songs were placed in film at that time and also shows its significance in the history of film and Berlin’s career. 
    Greenspan concludes her article with an explanation of how Berlin went to Hollywood and adapted himself for scoring films.  He not only developed his style for film music but put songs in films in a way that was original and innovative.
    This article gives an interesting look at the early film score and how the popular song fit into it.  Irving Berlin is an Icon and he demonstrates the connection between the music and film worlds.  He shows how the two adapt and fuse together.

An annotated bibliography relating different aspects of the Film and Music Industries and their intersection

A nine minute student documentary of the Free Culture New York Summit held at Columbia University, January 2006. The film explores a new form of student activism, based primarily on and about the Internet. Beginning with the Free Culture demonstration at the Times Square Virgin Megastore, the documentary covers Free Culture members out to educate consumers on alternative forms of music distribution online (archive.org, ccmixter.org, blogs, etc). It continues the discussion with interviews featuring conference participants (Cory Doctorow, Creative Commons, Free Culture students activists). Finally, using cc licenses for distribution and production, the film acts as an example for other young student filmmakers who are interested in alternative copyright licensing.