[JPL] A DMCA question...

Louis Erlanger louisx at myfairpoint.net
Thu Jan 6 13:51:06 EST 2011


This is not an issue of free speech or government control. This is an issue 
of enforcing the law.  There are copyright laws designed to make sure the 
creators of music are properly compensated when their music is used by 
others. Radio stations would all be talk radio if it were not for the works 
of the artists and composers.  So radio stations should compensate the 
artists and composers for providing the materials that add value to the 
radio station -- the music that brings in listeners, advertisers, and other 
income sources that allow the station to exist.  Are you saying radio 
stations should be able to use this music and not pay for it?  That's like 
saying all product manufacturers should donate their products to retail 
stores. On the other hand, I'm not sure that the boundaries of the rules 
have been set properly, for the reasons I mentioned earlier -- when you 
record a stream, you are getting a sub-par product, so limiting how many 
consecutive works by a single artist seems excessive to me.

----- Original Message ----- 
From: "dkunian" <dkunian at bellsouth.net>
To: <jazzproglist at jazzweek.com>
Sent: Thursday, January 06, 2011 1:11 PM
Subject: Re: [JPL] A DMCA question...


>
> 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.
>>
>>
>> --
>>
>> Jazz Programmers' Mailing List: jazzproglist at jazzweek.com
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>> Sponsorship information: jplsponsor at jazzweek.com
>
>
>
> --
>
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>
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>
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