[JPL] A DMCA question...

dkunian dkunian at bellsouth.net
Thu Jan 6 13:11:02 EST 2011


If it came down to litigation and such, I would argue that the DMCA violates my 
free speech as a radio programmer.




________________________________
From: Bobby Jackson <ftapache1 at sbcglobal.net>
To: jazzproglist at jazzweek.com
Sent: Thu, January 6, 2011 11:52:32 AM
Subject: Re: [JPL] A DMCA question...


Happy new year Lazaro and fellow JPLers,

An artist in the leader role is only part of the representation of his craft as 
a player.  Side men display his/her ability to support a leader and is another 
part of his/her tool kit.  It all leads to a certain level of clarity and 
actually is more refined when you look at a body of an artists work in it's 
totality. Truth be told,  I actually enjoy The Brecker Brothers work as sidemen 
better than their leadered dates.  I had a conversation with Christian McBride 
not too long ago and asked him what took him so long to lead his own date?  One 
of the things he said to me was that as a leader of a band, he often sublimates 
himself to the work put in by various sidemen.  He said, the overall vision of 
the project is his but all of the musicians have a turn at "leading" when 
playing a tune.  Branford Marsalis recently said that as much as he loves Art 
Tatum, he wasn't very good as an accompaniment to others in certain situations.  
The sideman role is also part of an artist legacy as a player.  Don't downplay 
its importance in looking at the musician as a whole.  


Government should never play a role in making up rules for how radio stations 
should program music.  I believe getting permission from the artist or record 
companies to be able to play more than three songs on a project over the course 
of the hour is the better way to handle it.  Governments are clunky in how they 
conduct business and would just pass that clunky sensibility to programmers who 
want to present music as elegantly as they can.  Point in case, the Canadian 
government requires Canadian radio stations to program at least 30% Canadian 
musicians for each hour of programming.  It is well intentioned as is the US 
government but not very useful or practical for stations trying to make good 
radio.  They should mind their own business and leave programming in the hands 
of true professionals.  Legislating how art should be presented is like 
Broadcast Architecture telling stations what to play.  We see what happened 
there........

Bobby Jackson
THE JAZZ MIND
ftapache1 at sbcglobal.net



On Jan 6, 2011, at 12:08 PM, Lazaro Vega wrote:

> 
> The leader. The trouble I have with the sideman route is those
> recordings might not represent the artist most clearly, and your
> essentially programming for something other than the music. Yes, it is
> one way to deal with these rules, but a better way is to write your
> people in government and give them the link to the legistlation
> mentioned above asking for a repleal of these rule as relates to
> public radio music programming.
> 
> 
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