Christopher S. Penn – Marketing AI Keynote Speaker

Category: Music

  • It's not easy being legal

    Dear music industry,

    Please make it easier to be legally compliant.

    Thanks.

    —

    I had an unpleasant experience this morning in the iTunes Store. I mentioned on Twitter to my friend, Bronwen Clune, that Josh Groban’s new album, Noel, had a very good version of Little Drummer Boy on it. I figured, heck, it’s only 99 cents, I’d send her a copy of it legally through the iTunes Store, make a nice Christmas gift, right?

    Apple apparently had a different idea:

    “An email you’ve specified to receive a Gift is set up for an account in a different country’s iTunes Store (Australian). Gift recipients may only redeem their gift in this iTunes Store (United States).”

    Apple, did it ever occur to you that I might have friends outside the country I live in? This is, after all, the Internet, where borders are crossed with the click of a mouse. I checked other digital stores that have a pay per download, and no luck on Amazon or CD Baby. Everyone loses. The musician doesn’t get paid, the label doesn’t get paid, Apple and other providers don’t get paid.

    Instead of buying and sharing the music legally, I had to go dig up a YouTube video that someone else had posted with the track as its soundtrack. I’m not willing to break the law by ripping the track myself but if someone else has already done the work and stuck their neck out publicly, I’m not opposed to sending a link.

    Here’s the thing. Apple – you missed a revenue opportunity. Please let me BUY music for friends internationally. I realize the US dollar is close to worthless overseas, but still. How many musicians in iTunes miss out on revenues and sales every day because of this e-commerce paywall between nations?

    Music industry – the lesson is not that free will always win. EASY will always win. I could rip this track for free by breaking the DRM and converting to an MP3, but that’s 10 minutes of my day I can spend doing something else (like blogging about it). That would be free, but I want easy. I value my time more than my money, because I can always make money, but my lifespan is finite and irreplaceable. Make it EASY for me to legally buy, share, and distribute the music I love, and I will. Yes, price is a consideration, but it’s not the ONLY factor.

    Musicians – always have more than one e-commerce store distributing your stuff, because occasionally a customer will want to do something unexpected with your music, and if they can pay you for it easily, all the better. For example, I can imagine a tip jar being set out on a musician’s web site that says, “Feel free to rip my CD and if you want to send an MP3 to a friend, all I ask is that you drop 99 cents in the jar per track. Thanks.”

  • Pachelbel's Rant

    If you’ve never seen this before, it’s worth 5 minutes and 14 seconds of entertainment.

    [youtube]https://youtube.com/watch?v=JdxkVQy7QLM[/youtube]

    Does anyone know WHY Pachelbel’s Canon in D recurs so much in pop music?

  • Binary Star Music Debuts the Future of the Record Label : Record Label 2.0

    Binary Star Music Debuts the Future of the Record Label : Record Label 2.0I’m not a fan of record labels, especially mainstream, RIAA-supporting labels. They’ve done more to inhibit the economic growth of musicians than all the music pirates in the world combined, and I honestly believe the music industry would be better off without 90% of the labels out there.

    That said, one label consistently catches my eye – Binary Star Music in Florida. They’re a small, independent label promoting artists like Rayko KRB, Takis, and a few other acts, but they recently announced something that, to me, appears to be the future of the music label.

    Why does an artist sign with a label? Increased resources. Distribution. Promotion. Access to pooled assets like studios. All of these things at major labels are an all-or-nothing deal that comes with a hefty fee, a major percentage of profits from album sales, and a requirement that artists sign over any and all intellectual property rights. This, for obvious reasons, is NOT the best deal for the artists.

    Binary Star is going a different route – they’re offering a la carte services, from MySpace management to list management to promotion. It’s exciting because artists don’t need to sign with the label, nor do they need to sign over any intellectual property rights. I think Binary Star has a winner here and as their portfolio and rolodex expands, it will only serve to increase the value of their offering. This is the future of the music label – not a behemot bureaucracy out to screw artists, but a service bureau offering competitively priced services that let you choose what you need for your music career without the overhead of a label contract.

    Congratulations to the Binary Star team for innovating yet again. If you’re an independent musician, keep an eye on their service bureau model!

    Binary Star VR Promotions now open here.

  • Crosspost: Student Loan Radio 44: Becca Loebe at the Lizard Lounge

    Crosspost: Student Loan Radio 44: Becca Loebe at the Lizard Lounge

    Becca Loebe played a great concert at the Lizard Lounge on September 16, 2007. Recent events, like PodCamp Boston, conferences, etc. have kept me so busy that I didn’t get around to publishing it until now, but here it is for your listening enjoyment.

    Enjoy, and stop by her site, RebeccaLoebe.com, for more information.

    Direct MP3 file download: MP3 file

    Reminders
    + Get the Financial Aid Podcast by email!
    + Financial Aid Podcast Show Notes at FinancialAidPodcast.com.
    + Discuss this episode at the Financial Aid Forum!
    + Private student loans available at any time – visit AlternativeStudentLoan.com
    + Stafford federal student loans at StaffordLoan.com
    + Student loan consolidation at StudentLoanConsolidator.com
    + FAFSA form tutorials and free help at FAFSAonline.com
    + The Financial Aid Podcast is a publication of the Student Loan Network.

    I want to hear from you! Email me at financialaidpodcast {at} gmail {dot} com, visit https://www.FinancialAidPodcast.com, or call 206-350-1208.

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  • Everybody Needs A Ninja

    Everybody Needs A Ninja

    I have the good fortune in life to have access to lots of very, very talented people. It’s my pleasure to be able to bring their works together and present them as best as I can. In this case, I present the music of podsafe music superstar Matthew Ebel and the martial talents of Stephen K. Hayes and many of his senior students demonstrating their skills at the SKH Quest Fall Festival in Dayton, OH.

    Video thumbnail. Click to play.
    Click To Play

    Buy the song Everybody Needs a Ninja in MP3 now!

    For more information:

    Stephen K. Hayes To-Shin Do martial arts

    Matthew Ebel’s new album, Goodbye Planet Earth

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    Everybody Needs A Ninja 1 Everybody Needs A Ninja 2 Everybody Needs A Ninja 3

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  • Cover Music on the Podsafe Music Network

    There was a great discussion on Twitter today about cover songs and the Podsafe Music Network. Disclosure: I am not a lawyer. My understanding of copyright and intellectual property law is based solely on all the stuff I’ve read to be in compliance with the law and what ASCAP/BMI sent me when I applied for licenses for my show, the Financial Aid Podcast.

    There are three basic rights when a song is created by a musician:

    1. Composition rights. This is the sheet music, the notes themselves.
    2. Performance rights. This is the expression of the music out loud.
    3. Mechanical rights. This is the recording of the music. Sometimes called reproduction rights.

    In the United States, performance rights and mechanical rights are often lumped together, while composition rights are kept separate, thus necessitating clearinghouses like ASCAP and BMI for composition rights, and labels and Harry Fox Agency for mechanical rights. As I learned at Podcasters Across Borders this summer, Canada separates all three and has three distinct licensing agencies to deal with the varying rights.

    When it comes to cover music on the Podsafe Music Network, an artist who uploads a cover has rights only to the performance and the mechanical; the MP3 file is both performance and recording in one. The artist does NOT have rights to the composition itself, and uploading a cover to the PMN is a violation of the terms of service, because they’re essentially misrepresenting someone else’s composition rights as their own. This also means the composer is NOT getting paid for use of their work.

    When it comes to playing music on your podcast, play it safe. Only play original podsafe music uploaded by the artists or their legal representation (labels), unless you have an ASCAP/BMI license. If you’re not sure whether a song is original or not, Google the title and a lyric or two, and you’ll soon find out.

  • Unlimited Power!

    The Superheroes of tomorrow are at today's PodCampsIn an interesting conversational thread on Twitter, the topic of power, motivation, and energy came up, as it often does, and Laura Fitton wrote: “always wondered what powers the mighty cspenn. Star Wars music?”

    Well, music in general. There are some pieces that I find personally motivating, and it’s something that I emphasize everyone should have at hand, on an iPod or CD or computer or whatever it takes. Set aside a personal power playlist for each of the kinds of motivation you need – whether it’s getting your day started, powering through a task, or setting your mind and spirit for the journey home.

    Some of my personal favorite selections, not from any one particular mood:

    • Superman march by John Williams
    • Imperial march by John Williams
    • Latte Days and Porter Nights by Matthew Ebel
    • Breakaway by Kelly Clarkson
    • Rockstar Poor by Rayko KRB
    • Angel by Aerosmith
    • I Don’t Want to Miss a Thing by Aerosmith
    • Scared by Ball in the House
    • Moonlight Sonata by Ludwig v. Beethoven
    • Two Thousand Years by Billy Joel
    • Mine Again by Black Lab
    • I Am (acoustic) by Munk
    • Time to Start by Blue Man Group
    • Rest in Peace by Joss Whedon and James Marsters
    • Life is a Highway Rascal Flatts cover of Tom Cochrane
    • Bring me to Life by Evanescence
    • Calling Baton Rouge by Garth Brooks
    • Estranged by Guns ‘N Roses
    • Everywhere by Michelle Branch
    • I Do by Rob Costlow
    • Warriors by Ronan Hardiman
    • The Sound of Silence by Simon and Garfunkel
    • Old City Bar by Trans-siberian Orchestra

    What’s on YOUR list of powerful music to immediately change your mindset?

  • Podsafe Musicians – Mobilize Your Fan Reviews!

    Podsafe Musicians – Mobilize Your Fan Reviews!

    Are you a podsafe musician with rabid fans? Getting your fans to review your albums in iTunes is now more important than ever with the release of My iTunes from Apple. My iTunes is an Apple-branded widget that provides one click access to albums and reviews and can be put on social networks, web pages, and any place that accepts Flash embedded content. Here’s my reviews in iTunes so far:

    My iTunes supports fan purchases, fan favorites, and fan reviews – and I would argue that fan reviews are probably going to be the strongest of the three in terms of converting visitors to buyers, so you may want to encourage your fans to review your albums and then put up the widgets on their sites.What does this mean for you? In addition to getting fans to review your albums, these widgets can potentially multiply the number of people who click on buy-ready links to your albums in iTunes, bringing extra buyers to the digital content. Because it’s Flash-based, there’s no search engine optimization benefit, but having a nice looking widget that’s ready to go and ties into the world’s largest online music store is a sure win for podsafe artists. Most importantly, because it’ll be displayed primarily by fans of your music (as opposed to you), there’s more credibility in recommendations from a third party, which goes a long way.

    What To Do Next

    1. Hit up your mailing lists and ask fans to write reviews of your album(s).
    2. Once you see reviews appearing, ping those fans who respond and ask them about widgetizing their reviews.
    3. Potentially offer them something in exchange for widget placement.

    If you’re not in iTunes, get there. Services like CD Baby and IODA Promonet will get you there, and while you’ll probably net between 59 and 79 cents on the dollar, it’s better than not getting those sales at all.

  • Since we're on the topic of voting in podcasting…

    PodCamp NYC Photos… please take a moment to vote for someone who is NOT a podcaster. My friend and musician Natalie Gelman is competing in the Famecast competition as a finalist. She’s podsafe, has been since just after PodCamp Boston 1, and has been a great supporter of podcasting and new media since her introduction to it.

    What’s at stake? Among other things, $10,000 in cash, which for a young independent musician is a Very Big Deal ™. Podcasting’s abuzz with the various podcast award voting sessions running right now, and I applaud everyone who’s been nominated, but if you can spare a few minutes away from voting in the podosphere, please register at Famecast.com and then vote for Natalie Gelman.

    Voting concludes August 7th, so please vote before then.

  • Podshow's Gold Mine, the RIAA, Sound Exchange, and sucking less

    Time to turn the Podshow discussion more positive with an idea they can execute on, instead of just complaining. One of my many causes is helping podsafe independent artists as much as I can, and this year I’ve been fortunate to be part of two projects to do that – Bum Rush the Charts (yes, still waiting on IODA to get me sales data) and Virtual Hot Wings.

    A few friends and I were standing around in CC Chapman’s U Turn Cafe in Second Life the other night and had an idea the other night that I would LOVE for someone at Podshow to steal/use/borrow/make. Podshow is the only company that can legally execute on the idea because they own the PMN.

    From the PMN license for artists:

    “Broadcast” means Work or an acceptable Derivative Work thereof that is played publicly for the benefit of interested listeners, and particularly when such Work is played by a listener accessing a digital file such as a podcast or streaming media file.

    3. You hereby waive the following rights to any and all musical compositions:
    a. the right to recover performance royalties under blanket licenses, including the right to collect such royalties individually or through a performance rights society.
    b. the right to recover mechanical rights or statutory royalties.
    c. the right to recover any royalty that may be applicable for public digital performance of the Work, such as webcasting or podcasting.

    From the PMN license for podcasters:

    “Broadcast” means Work or an acceptable Derivative Work thereof that is played publicly for the benefit of interested listeners, and particularly when such Work is played by a listener accessing a digital file such as a podcast or streaming media file.

    2. Subject to these Terms of Use, You are hereby granted the following world-wide, non-transferable, non-exclusive, royalty-free rights
    a. the right, and to access the Music database and reproduce each Work included therein for the purpose of Broadcasting the Work, including the right to use and incorporate each Work into a Collective Work, which may itself be Broadcast.
    c. the right to create and distribute webcasts and Podcasts that contain the Works

    What am I getting at? The PMN contract overrides the statutory royalty issues that SoundExchange and the RIAA have been nailing Internet radio/streaming radio stations with. By my read, as long as you are a valid, registered podcasting member of the PMN, you can play podsafe music and NOT have to pay SoundExchange/RIAA. If you run an Internet radio station, record all your shows with podsafe music from the PMN and publish them as podcasts as well, and you get to stay in business and not pay SoundExchange a cent.

    Pandora’s been making noise about going bye-bye due to increased web radio rates. A lot of other small Internet radio stations are saying the same. The law around SoundExchange is that it is a compulsory license – if you don’t have any other form of licensing, you MUST pay up to the RIAA, whether or not the artist ever sees a dime of the revenue. The law also states that the compulsory license can be overridden with a license directly from the artist, and Podshow has that license with the PMN.

    So the idea can go one of three ways:

    1. Give/sell/rent/grant Pandora a license to use the music on the PMN under the terms of the PMN license. This effectively ends their liability for royalties to SoundExchange, AND provides a great tool for exposure to podsafe artists.

    2. Built an equivalent Pandora-esque system using PMN artists.

    3. Alert every single streaming internet radio station in the United States and wherever draconian RIAA-sponsored laws apply that with a registration to the PMN as a broadcaster, they too can eliminate SoundExchange royalties as long as they only play podsafe music from the PMN.

    It also almost goes without saying that Podshow should be negotiating playlist time with lots of small, independent internet radio stations for its contracted podcasters, because those podcasts on the air also incur no SoundExchange penalties. Get Accident Hash or In Over Your Head on the hundreds of college radio stations, web stations, etc. so that not only are more people exposed to podcasting, but the Podshow family of podcasters also gets more promotion.

    So, to Joe Carpenter, Adam Curry, Jersey Todd, and everyone else involved in music at Podshow who was party to the last discussion about Podshow, here’s an opportunity to single-handedly save internet radio, earn goodwill, promote the PMN, and most of all, help podsafe artists all at once.

    This one’s on the house. Go to it, guys!

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