[JPL] A DMCA question...

David Kunian dkunian at bellsouth.net
Thu Jan 6 14:30:46 EST 2011


Mr. Erlanger,

I did not say anything about the artists getting paid.  I just said that 
the DMCA restrictions on how many songs I can play as a radio programmer 
infringes on my free speech.  Artists need to get paid, period end of 
sentence.  One would think that the more I played an artist, the more he 
would get paid, no?  And there is promotional value in that also.

dk


On 1/6/2011 12:51 PM, Louis Erlanger wrote:
>
> 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.
>>>
>>>
>>> -- 
>>>
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>>
>>
>>
>> -- 
>>
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>>
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>>
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>>
>>
>
>
>
>
> -- 
>
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