Virginia Fowler's Weblog

Chapter 14

An Interview with John Buckman, CEO and Founder of Magnatune.
Based on Berkeley, California, Magnatune incorporates dynamic means of gaining exposure as well as income for its artists. Magnatune is interesting for at least three
reasons: 1. offers free MP3 streams of all of its music, although it offers downloads for payment 2. it distributes its enire catalog without using licenses as part of its
business model. 3. it incoporates Creative Commons license as part of its business model.
Magnatune was founded in 2003 by John Buckman the company’s CEO and president. The following interview was conducted with John in summer 2004.

Chapter 15

Creative Commons: A New Way to Encourage Creativity Online

Introduction to Creative Commons
Creative Commons is mechanism for facilitating new expression online. No one may use a work protected by copyright to create a new work without consent and
the copyright owner’s consent is often conditioned upon financial compension.

Creative Commons as a Business Model

Business model in areas such as hip hop and dance music where use of others’ work to create new work happens frequently. Creative Commons can be used to ease
anxiety and indeed encourage borrowing from an original work.

Chapter 16

Online Record Stores

An Interview with Derek Sivers, Founder and President of CD Baby (www.cdbaby.com)

CD Baby is one of the largest online retailer of music by independent artists. The store deals directly with musician avoiding any middlemen. It keeps the pie less divided and offers a better alternative for smaller artists. The Portland, Oregon-based company was established in March 1998 by Derek Sivers. This interview updates the interview in the original edition and focuses on CD Baby’s move into digital distribution.

Interview with Norm Levy

He president of Media Street is sculpting a new digital music marketing and distribution business model with help from Chuck D, DMC, musicans from Lynyrd Skynyrd
3 Special and 3 Doors Down Jazz legends such as Dave Samuels, Billy Cobham and Jan Hammer and reggae pioneers, SLy & Robbie. All have jointly created a music portal
called Beyond.fm.

Chapter 11

How to Build a Website & Why

Create Exposure for Your Music
Artists are up and coming acts to invest the time, energy and a modest amount of money into a quality Website is that the Internet provides a worldwide
audience for your music.

Construct a Website
What You Need to Bring to the Table. There are three essential forms of content that you, as the artist need to furnish to create a Website. A bio, high quality photo,
and at least several high quality photo, and at least several high quality samples of your music.

Chapter 12

Interviews with Artists who are Using New Technology to Succeed

Interview with Grammy-winning Artist, Songwriter, and Producer Will Calhoun

Will Calhoun graduated Berklee School of Music in Boston, where he received a Bachelor’s degree in Music Production and Engineering. Will’s unique blend of improvisational hard rock and drumming can be found on each of Living Colour’s four release by Epic Records including the ground-breaking multi-platinum debut “Vivid.”

Dave Samuels Interview one of the foremost vibraphone and marimba players in the world. He worked with a long list of some of the most brilliant jazz and fusion artists,
including Spyro Gyra, Pat Metheny, Gerry Mulligan, Oscar Peterson, and Chet Baker.

Chapter 13

Additional Ways to Use the Internet to Promote Your Music and Make a Living

Online Distribution
Online music services such as the companies discussed in the next part of the book allow unsigned artists to sell their music online.
Online distribution breaks down into two categories: A digital record companies and online record stores and we will explore both of these business models in depth.

Blog and Weblogs
Website that publishers information or opinions on a specific or wide range of topics. Weblogs are generally focused on the ideas of one or a group of “bloggers,” but
often will welcome comments and contributions by readers.

Podcasting
A podcast is a radio show that listeners can download online feed into an MP3 player and listen to any time they wish while away from their computer.
Adam Curry the former MTV personality, has been credited as one of the creators of this new medium. He quoted in December of 2004 as stating “There’s a lot of great
radio out there that I would love to listen to when I am ready for it.

Podcasting has the potential to become a very important way of exposing independent music. Webcasting music, requires songs to be constantly streaming is more expensive because of bandwidth costs. Podcasts are much less expensive to maintain and offer.

Chapter 15

In the Moment
Music and Amnesia

Clive had a devastating retrograde amnesia and a deletion of virtually his entire past.
Johnathan Miller’s extraordinary BB documentary, Prisoner of Consciousness, Clive showed a desperate aloneness, fear, and bewilderment.

Mr. Thompson profoundly amnesic patient I knew dealt with abysses of amnesia by fluent confabulations. He was immersed in his quick-fire inventions and had no insight
into what was happening.

Chapter 23

Awake and Asleep:
Musical Dreams

Irving J. Massey mentioned that ‘music is the only faculty that is not altered by the dream environment, whereas action character, visual elements and language
may all be modified or distorted in dreams.’

Isabelle Peretz thinks that there must be “a particular functional architecture which could be spared even if amusia was present. Functional architecture are being slowly
worked out, partly through the study of patients.

Chapter 7

Sense and Sensibility
A Range of Musicality

Rebecca West’s partly authobiograhical novel The Fountain Overflows, a story of life in a musical family, with a mother who is a
professional musician an intellectually brilliant but unmusical father, and three children two of whom like their mother are deeply musical.

Chapter 11

In Living Stereo:
Why We Have Two Ears

In 1996 Norwegian physician, Dr. Jorgen Jorgensen had written and stated that his appreciation of music had been altered suddenly and radically when he lost all
hearing in the right ear, after removal of an acoustic neutroma in the sensory nerve. The perception of the specific qualities of music ptich, timbre did not change
he wrote. “However, my emotional reception of music was impaired. It was curiously flat and two-dimensional.”

Book- Musicophilia Tales of Music and the Brain

Part I Haunted by Music

A Bolt from the Blue: Sudden Musicophilia

Tony Cicoria 42 a former college football player who had become a well-regarded orthopedic surgeon in a small city upstate New York.
He went to a pay phone outside the pavilion to make a quick call to his mother. The phone was a foot away from where he was standing
when he got struck. He said he remembered a flash of light coming ou of the phone.

Musicophilia without any accompanying changes in personality or behavior? Rohrer, Smith and Warren in their striking case histroy of a woman in her mid sixities
who had intractable temporal lobe seizures with a right temporal lobe focus.

Chapter 7

Licensing Music for New Media

This is for those who wish to use music in their website. However, if you are an artist or indie label you will use your own music. This section is intended for people
who are not artists but would like to add music to their site.

Free is easy if you write and record your own music.
Public Domain you can also use for free music.
Small Fee find a local musician to write and record new music for your website. Craigslist.com and local music school are good places to start your search
Expensive or Impossible you will have to deal with two different copyrights: the owner of the copyright in the master and the owner of copyright in the song.

Chapter 8

The Recording Industry in Crisis

In the last eight years sales of recorded music and revenue have declined approximately 25 percent in the U.S. according to the RIAA’s income and sales reports.
Many in the business blame unauthorized file sharing and CD burning for the recording industry’s woe.

RIAA’s Lawsuits Against Kids and Grandmothers

Defendants in the first round of lawsuits was a 12-year-old and a grandmothe. The grandmother reportedly got off when her son-in-law an attorney was ble to
demonstrate that the RIAA had made accused of stealing.

What is the Future of the Music Business?

The U.S. leads the world in broadband subscribers at more than 60 million. That is up from 44 percent in 2005 and 35 perent in 2004.
Broadband was adopted by a majority of consumers faster than many other technologies including CD players, the VCR, cell phones, color TV s and even he personal
computer.

Chapter 5
Music Videos, Audiovisual Concerts & Documentaries

Synchronization License authorizes the user to synchronize a song or other musical composition with an audiovisual work. It considers two separate elements: the
permission to reproduce the music in connection with a particular audiovisual work may coupled with certain conditions limiting how the audiovisual work may be used.

Update:Long-Form Music Video Programming: Understanding the New Platforms from a Legal Perspective(2/06)

Streaming, Web downloading, Cable VOD, Mobile and High-definition television (HDTV)

Music Publishers
In negotiating rates for the right to use the songs in streaming service, producers should emphasize the experimental nature of these new platform and that audiences for
streaming still generally have nowhere near TV network popularity.

Chapter 6
Music-Licensing Fundamentals

Audio Compilations
Compilations can consist of a collection of new tracks by different artists. This is the way of also selling old music in new packages.

Song a compilation consists of songs that have previously been released that are subject to the compulsory mechanical license.
Song title
Songwriter’s name
Publisher name and copyright percentage splits
Record company name and address
Catalog number
Playing time for each selection
Release date
Artist name
Title of album
Sign your name in the Publisher’s Approval section

Negotiating a License for Use of Music in Television Advertising

Television commericals such as the Rolling Stones Start Me Up for Microsoft.

Catalog Songs an advertiser may be willing to settle for a song that may be recognizable but not currently on the charts.
A pop standard such as Strangers in the Night or Wicked Game.

Chapter 3
Webcasting

Webcasting sometimes referred to people as internet radio which is a non-interactive streaming of audio on the internet. This content can originate from various
sources, including live or prerecorded talk, live musical performance and sporting events and prerecorded music.

Webcasting important since it offers in terms of musi is the enormous variety of programming it can provide. Internet radio offers listeners an unlimited number
of musical choies.

Statutes recording labels that have to get radio stations to pay them to play their records. The Recording Industry Association of America (RIAA ) is the trade
group that represents the U.S. recording industry.

Satellite Radio Rates have been granted fixed percentage of revenue performance royalty rates by the U.S. 2007.:6 percent, 2008: 6 percent, 2009:6.5 percent,
2010: 7.5 percent.

Public Performance Rights is performance of songs by broadcast or by digital transmission including a Webcast, requires a public performance. Playing music on a
standard broadcast radio for instance is a public performance radio transmits songs to the public.

Chapter 4
Downloading and Interactive Streaming

Acquiring Rights in Masters for Downloading and Interactive Streaming
Record Companies the deals for acquiring rights from record companies to sell their masters on the internet vary in accordance with the quantity and quality for the
records being provided. The digital music service will seek the broadcast possible rights o enable it to deliver music in a variety of ways or to experiment with different
delivery models to see which will catch on with users.

Chapter 1
Music Law & Business Primer

Copyright the basis of virtually every music business transaction. Without copyright there would be no protection for musical compositions and recorded music.
Without copyright they would have no financial value.

Copyright is a form of protection provided by the laws of the United States, that is the Copyright Act which is title 17 of the U. S. Code).

Copyright protects: Literacy works, Musical works, including any accompanying words, Dramatic works, including any accompanying musics,
Pantomimes and choreographic works, Pictorial, graphics and sculptural works.

Master-Use Licenses these licenses is use as a pre-existing recording of music for audiovisual projects such as a movie or in a new record such as audio
compilation.

Public Performance rights the copyright act does not recognize a public performance right in sound recordings. Radio stations do not need a public performance
license to pay recorded music.

Chapter 2
Overview of Digital Music Law

Audio Home Recording Act
The first piece of major legislation affecting digital music. The Act imposes a levy on “digital audio recording device and “digital audio recording medium to compensate copyright owners and artists for lost sales because of copying.

The Digital Performance Right in Sound Recordings Act

The Digital Performance Right in Sound Recording Act of 1995 created a new right for owners of sound recordings. Under the DPRSRA, owners of coyrights in sound recordings were given exclusive “public performance” rights for the purpose of “digital audio transmissions.”

Downloading is generally defined as transferring a file from one computer to another. Downloading music files we usually mean making a permanent copy of prerecorded music with unlimited portability.