Monday, March 12, 2007

I'll Take a Double Decaf, Soy Macchiato with My Media Please

If like me you are addicted to good coffee but are often amazed that Norah Jones is somehow always on the menu in front of you when you grab your morning brew, be prepared to get a lot more amazed. The New York Post Online Edition reports that,
the formation of Starbucks Records, as the unit is expected to be called, could be announced as soon as this week, according to these sources.

Launching a record label is something "that has been bandied about for quite a while," said one source. "They think they are empowered enough to do that."

Said another: "They have a very targeted, efficient distribution channel that allows them to be profitable in a limited way with music."

Starbusks could also take on a partner in the venture.

Unlike its Hear Music operation, which releases the Artists Choice compilation series that features musicians such as Sheryl Crow or The Rolling Stones selecting songs that influenced them, Starbucks Records is expected sign, record and produce its own artists rather than licensing songs from other labels.
Idolator chimes in
If Starbucks intends to revamp the record industry the same way it revamped the coffee industry, expect all albums to be $2-$3 more expensive than normal, and available only after a 15-minute mid-afternoon wait.
What is interesting for me is that we are seeing a continuation of what has always been the case in the music industry: the alliance of distribution with identity. Allow me to repeat that in a form that everyone can understand: THIS IS NOTHING NEW, WHEN AND WHERE YOU BUY YOUR MEDIA IS OFTEN AS IMPORTANT FOR THE CONSUMER AS TO WHAT THE MEDIA IS!

That may be a bit of an overstatement, but if you are honest, and Lord knows that is rarity, then this is simply a variation on discussions about "selling out" (aka, I was into band x before my little brother was, now they have sold out...) and community. The reasons why people buy at Starbucks are twofold: 1) they feel like Starbucks is an efficient gatekeeper for their lifestyle and 2) it's convenient. That's it. It's the same reason why punks in the 1980s purchased at their local indie shops or dubheads head on down to their local reggae shop. Starbucks has essentially corporatized the gatekeeping element and allows in only the media that they feel is "Starbucky" or has meaning for their audience. That people won't buy the same media at the shop down the street that is not quite as clean or staffed by people who sneer down their noses at them because they have "terrible" tastes has as much to do with a specific kind of identity as does the person who, like myself, prefers trolling through bin after bin of dusties when I have the time.

Now, I am not one to judge on this. To be fair, I would rather buy a great Dylan record at Starbucks than a crap singer-songwriter record at my local indie store. But I am not the key. I am an omnivore and what Starbucks is targeting is the person who buys, perhaps, 7-10 cds a year. When I worked in record stores back in the days of vinyl, this person was someone who stopped buying new music in their early 20s and has stuck with artists for a long time. On a lark they would purchase a mega-seller that was by a new artist, but it really had to have some sort of cultural import. So, for example, in the mid 1980s this person would drop coin on replacing one or two Beatles records that they had worn out (yes, kiddies, people used to wear out records) and then something new by an oldie or two (say you would have sold something by Bruce Springsteen and Paul Simon), something new in pop that won a grammy (Michael Jackson, Cyndi Lauper) and something "new" new (Windham Hill was becoming a cultural force then, so let's say they purchased "Winter"). That's about seven records for themselves. All other purchases would be for the kids. These people are commonly known as middle class parents. Historically, record stores are not the haven for middle class people who are trying to move 200 miles per hour in their career and in trying to raise a family. They get out of work, they hit the road, listen to NPR who plays Norah Jones and it sounds nice and then they see it at the place where they buy their drugs... er, coffee and they pick it up because, like that latte, it is soothing.

But it is interesting that Starbucks is entering into the labeling business, right? That's different, right? It's a company that doesn't do music so this is odd right? Well, no... Records have, in the past, been issued by labels owned by film studios who then would produce soundtracks and 45s that could be sold at places of exhibition; record companies have worked with numerous types of consumer good manufacturers to produce records that would tie-in with the "needs" of each others audiences; comic books have been made into hitmakers in search of specific demographics. So, while this is interesting because Starbucks is utilizing state-of-the-art data crunching and marketing methods, let's just see this as an extension of a popular music history rather than something that is beyond the pale. Remember, what's really beyond-the-pale is that acoustic Alanis Morrissette record.



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SCMS, Round Up Part One: A Personal Note

It's spring break for us, which means I get to sleep in, do some yoga, grade a lot, get some job apps out and take it a little easier. It's also Monday, so I am a day removed from SCMS 2007. I didn't go to the Sunday sessions as I spent that time getting caught up with some Chicago friends who I get to see once a year, if I am lucky. Thanks go out to Levi and Stacey at the Rocketship and Baseball Related, who hosted me. Also, much thanks go out to my Fiance', who rocks. She not only took care of my cats, but she built me shelves, took me to the airport, and listened to me when . So, I need to, you know, treat her right! The thing about conferencing is that a lot more goes into it than anyone sees. It's not simply a presentation and a flight. It's the people who support you, who often get no credit, that do all of the work so you can get on their and look good for 20 minutes, that need to be lauded as much as anyone. Thanks Katie, Levi and Stacey. You all rock and IOU.

So what did I get out of this conference? Well, I met some great people, some old friends, had some good meals, have agenda for new projects and feel like I am on the right path. I am still on the market, so who knows where I will wind up and how this will play out. But thanks to all of those with kind words and especially those who were so high on my work. It means a lot more than you all will ever know.

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Girl Talk Goes to Washington

Gregg Gillis, aka. Girl Talk, received some positive Congressional attention this week. Pitchfork reports
Gillis was the talk of the U.S. Congress for about 20 seconds just this past Wednesday, March 7. Usually when U.S. Congresspersons make mention of a musician it's to point out how horrible and depraved he/she is, and by extension how doomed and good-fer-nuthin the youth of America are. Usually.

This time, however, U.S. Rep Mike Doyle-- of Gillis' own 14th Congressional District of Pennsylvania-- actually made a positive example of Girl Talk's mash-up work, likening it to Paul McCartney jacking a bassline from a Chuck Berry song, and raising the question of whether art is simply evolving beyond traditional notions of copyright. He also asks why Gillis is flying high while DJ Drama's taking so much crap, which is a pretty good question.

This all happened at Wednesday's second Congressional oversight hearing on the "digital future of the United States", which addressed copyright and intellectual property issues in the age of digital media, specifically radio.

Best of all, you can watch all three-and-a-half captivating hours of the hearing-- held by the U.S. House of Representative's Subcommittee on Telecommunications and the Internet (of which Doyle is vice president)-- on the world wide web! Or just jump to around the 21-minute mark to catch Doyle's brief statement (we wonder if that savvy looking chap behind him actually wrote it). Stick around to hear John Shimkus (R-IL) admit to being "clueless" and Jane Harman (D-CA) call Doyle "so hip."


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Sunday, March 11, 2007

The Future of Sound Studies, 03102007

Jay Beck -- Tony Grajeda is lying on his back with a slipped disc and he has sent a group of questions for us to look at. A brief introduction about this -- let us look at interdisciplinary links with scholars and the like. Rick Altman has argued that sound studies has been able to step out from the realm of cinema studies. Radio and TV scholars asks is there a field of Sound Culture studies... she states that it only exists as a field that is always emerging. she notes that there is a lot of work on this and that it is something to deal with in a number of other disciplines. The challenge is to cohere around sound studies. Sterne asserts that there is a field of work but there is something that is due to a lack of coherence in bringing these issues. sound studies exists still in a asymptotic relationship with image studies. Let us engage to sound cultural studies and issues of film sound and media sound studies, and can they work together.

Norma Coates -- I am calling this paper, popular music, sound and media, all of the above or none of the above. My focus is on popular music and what this means. I am concerned about the material specificity of popular music and I am concerned that my work would be further marginalized. What is popular music? It is music, it is a commodity... and it is media. However, this is often not concerned the case. The issue of popular music and the idea of this is that people look at me and they note that I look too music, when I am a trained media scholar.

So why study it as media? Well, popular music allows us to explore the text - context history - audiences mode. This is key. Why do people in our students revere Jim Morrison? well, the answer is a media studies question.

For me, this is the primary issue and the idea that we need to think about. Music as well as television is key, since music is something that always gets subverted and the idea is that the music and what is a pop star becomes key in a lot of music television. Why does pop music fit so in TV genre? Well, I would ask why does TV fit so many issues in popular music? We can explain a lot about this.

Michele Hilmes -- I have to say that the pessimistic attitudes about popular music studies is reflected in the fact that I do not have any handouts, which is "Towards a taxonomy of TV sound" -- I have always thought about sound is always key since there is little specific scholarship on sound on TV. In many ways this is key and the fact that sound may be the key since so much was lifted from practices developed in radio genres. The issues that drive popular music become key. This is something that I want to talk about.

The Taxonomy is a beginning stab that is at work and it would be nice to see what is and what is not here. I was really trying to think through many of the issues that have developed in other areas such as sound. This has to do with television sound as well... this is key and when I think about sound, due to my training, I am thinking about sound in narrative.

How many here have studies in sound from sound engineers? Not many

Let us think of sound that I have taught in sound seminars? When do you see Iraqis who talk in their own voices? How many get voiced over? How many are chosen simply because they speak in English?

Think about the jingles and bits from news and how this frames the news.

Moving into the area of non-diegetic sound... there is no history of the laugh-track for instance.

What about advertising sound?

Music-based television programming? What about? The many many kinds of musical performances.

What about meta-sound where sound relates to the issue of television programming.

What about the streaming of broadcasting? This is something that is a unique quality of TV and radio.


Anahid Kassabian -- Tony sent me questions so I answered them and looked at ubiquitous music and the future of sound studies. Ubiquitous music has a long long history and there is something where we think about the way that music helps us score our lives. Music has always been the network where a subjectivity is distributed. It is not unreasonable to think of music that is the part of the organism that holds these issues together.

Let us think about the types of projects I would like to see -- a quantitative study on music listening activities and it seems to me that we need to know something about that. Right now we don't know anything about this.

Let us think of non-aggressive music deterrent. That would be varied and interesting.

These spaces where music and sound become taught are interesting in places such as "dubstep" where sound is taught.

What about sonic weaponry... you use music and musical torture where music is utilized to make this operant.

An understanding of listening as ubiquitous where sound and subjectivity can think about this -- let us think about affect seriously in these cases. I hope that sound studies decides to do this.

Jonathan Sterne -- It's good to see this many people at a panel titled the future of sound studies. I am going to produce you with a problem that is problematic when you deal with interdisciplinarity. One issue i am dealing with comes from the humanities and another is from the sciences. There are two completely opposed sets of propositions where I need to think of things as both true and false.

This is something that is dealt from MP3 where people claim that this model mimics human perception separate from issues of meaning whatsoever. I am beginning to claim that the issue really comes from monopoly capitalism and bio-power.

Psychoacoustics then become the issue -- the centrality of psychoacoutics is key and this is news only to us in the humanities. In the sciences this is absolutely true. But this is wholly absent in the work of most of our work sound studies in the humanities. Well, in the sciences you think about how people hear and think that your model is absolutely universal as the operative assumption in the work.

Most sound work of the humanities in a critical domain assumes that the universalism needs to be critiqued always and almost always with issue of meaning. Sciences are not interested in meaning this way.

Now, if I cite this stuff from psychoacousticians about how we hear humanities people nod in acceptance as if they have a monopoly of knowledge. But if our goal is to create an interesting social and historical these issues then I go history.

I am also running into the problem of text based history and oral history. I am dealing with the MP3 formats, and it is a problem for me since these engineers are alive and talk back, unlike, say Edison or Bell.

Steve Wurtzler -- I decided that I wanted to look at the voice of the teacher and the voice of the pedagogue. I looked at the issue of this from where I think it really exists and this is in our classroom. Sound studies seems to be an oddity... are we talking about a field, a discipline, a subdiscipline?

My experience in sound studies helped me understand issues in Frequency Response, Amplification, and so on that helped me underscore that the audiologist and the world of the humanities scholar, me, overlaps. This is an interesting for me. sound studies is a series of not always related to one thing in this since since this has to deal with social practices, physiology, psychology, history, etc... it is the liberal arts curriculum. Sound studies provides the possibility to make links.

Sound studies, tailor made, is perfect for a cluster of courses. You could have a multidisciplinarian set of issues -- you could use all of these issues that are key throughout. Let us embrace the messy and the disciplinary collisions in sound studies and we enact some of these collisions in these classrooms.



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The Music of Media Convergence, 03102007

Ross Melnick -- In 1922 Roxy Rothapfel began to broadcast from the Capital and the early embrace on this new media he was able to influence the synergistic influence between film, radio and music. In short, between 22 and 29 the film industry was an early intertextual activites.

Following Roxy's success, others began to follow suit. Other theaters began to grow radio stations and many of the studios would do the same. This in the case of Warner Brothers, KFWB is built out of which eventually comes vitaphone.

But I want t focus on Fox Movietone films. Focusing on these films will give us something new. Fox picks up a movie hall and a conductor slash composer, Erno Rapee, who made the film's theme song. Murnau's sunrise was big well as it got a soundtrack that would be broadcast and sold as sheet music.

The Roxy Theater orchestra would get big out of this as it would have more distribution channels than ever before.

Take for example, "Angela Mia" by Rapee and Pollack that would be used to distribute the movie and the theme song. (ed note. sell the film for an experience and you would then sell the song as repetitive fare?). The film Street Angel was sold by the soundtrack and vice versa. The tune would be played on the radio and in other areas as well.

by 1929 "Angela Mia" it would be the number one song in America... The term theme song began to be known as a common theme


Later -- theme songs would be written for books and political parties in order to create revenue streams. Tie ups were iteresting in this way.

To take advantage of all of this commerce, you sold sheet music in the lobbies of the theaters. You promote upcoming attractions on the air in the 1922-1929 period and used radio as a way to get people into theaters and away from radios in their home. There was an interesting way in which phonorecords get involved in this as well. Radio broadcasting would utilize radio, records, songs and films to promote each other.

We see here the growth of vertical and horizontal modes of integration. Film producers would buy

See "syncopation" as a set of films from the likes of Fred Waring and his Pennsylvanians... this is the systematized element of decentralized acquisition of media.

We see all kinds of diversification and the like. We also see issues like this to see in numerous cross promotional efforts.

Warner Brothers picked up a number of music publishing assets... something that has been of importance for quite a long time.

The coming sound was not just a new technological changes, but new issues in capital issues and production for intertextualization regimes.


Katherine Spring -- In the united states we have seen so many convergences in the ever consolidation of media concerns, particularly in the 1980s and 1990s. But this is an issue throughout the history of the 20th century. The issue of song marketing and the convergence influenced the issues of produtcion. I want to ook at this in effect of this in the production Weary River.

in 1928 you had the likes of Irving Berlin, inc that had non-exclusive affiliations with multiple studios. By the end of 1929 you had more exclusive affiliatons coming on and by 1903 you see the acquisition of these publishers by numerous publishers that highlighted issues of tie-ups. This is key as movies would promote sheet music and vice versa.

What is interesting is to see how a song could be placed in numerous areas. Let us look at the case of Weary River the film and "Weary River" the song -- it was composed and had a 50/50 arrangement. The film's theme song would be used in multiple arenas. We also see how songs operate as a musical video. "Its up to you" will be sung and reoccer as a leitmotif to underscore romance. Now we see "Weary River" .. one in which the composer of "It's up to you" sings from a prison radio broadcast. The song concludes and there is enough of an encore demand where the demand gives a place for repetition.

What we get here are a number of practices


  • 1) Song star identification -- something that was developed in common with sheet music and was appropriated for records and cinema. In the case of "Weary River" they are seen as the stars songs although they were oft dubbed for tech and style reasons


  • 2) Allows for Male sentimentality -- the ballad allows the male star to bring about sentiment into the place of the film.


  • 3) Theme songs function as narrative devices -- they assert issues of moral growth and or stability.

The idea that popular songs threaten narrative economy is something that is challenged by these early theme songs in the same way that leitmotifs are utilized. These strategies endured on soundtracks for later decades.

Paul N. Reinsch -- We are looking at the convergence of the senses and their synchronized elements. Let us look at the synchronization of Jolson's voice with Larry Parks performance of Jolson in Jolson Sings and Jolson sings again. If the Jazz singer forged a synchronized sound then these films may have been seen to have disintegrated these systems. These films present many close ups of Larry Parks and they were very popular. The star of these films... well they were Al Jolson. They are arguably about Jolson despite the lack of himself on the screen. They are a biographic representation of such. Even reviewers noted this. Columbia was paid rather handsomely given 50% of the first film's profits and 25% the next time.

This was one of the few ways to hear Jolson and see a Jolson like performance. The audience knew that the performer on-film was not doing any singing and this was something that they all knew.

What holds these issues together are visual synch nodes.

Jolson publicly stated he had no problem not being on screen, but he did express frustration privately, even getting a "screen test" for the second film. The studio used this film, btw, to train Parks even more so in the art of imitating Jolson. WB did not share and circulate their films with competing studios. Joslon eventually got to play himself later in the rise of the radio show. This knowledge of Jolson not performing is circulated openly in Jolson Sings Again -- see the "Toot, toot, tootsie, goodbye!".

Jolson's recordings of songs for the studio coincides with the recordings for the Decca label. These came out after these musicals such as the Jolson Story and Jolson Sings Again. Thus, in this case the star of Jolson is seen as an intertextual conglomerate.

Laurel Westrup -- Rock Star INXS -- this was a performance show where it looks, on the surface, like an American Idol gone rock. It was given a sense of what was supposed to be a rock star and what one needed to become a rock star. It included a media and industrial convergence. we are not privileging the tech or even the industrial, but we are looking at the social and why the show succeeded (then cites Jenkins). One of the things we need to look at is "Affective Economics" to see why someone would need to look at how this operates in a specific sense. Let us look at the similarities that look at rock music specificially.

For example, we are looking at the issue of authenticity. Many people looked at Hutchence as a pure rock star, even his death seems authentically "rock" in this sense. Following up rock's embrace of TV in the 1980s in MTV. Grossberg has often critiqued the idea of rock on the small screen where it is seemingly appropriated.

As a genre, rock is both open and oppositional at the same time. To distinguish pop from rock we see the issue of authenticity mobilized once again.

Rock Star INXS saw itself as a way to distinguish itself from American Idol and they had to some work by mobilizing a rhetoric of seriousness. This rhetoric understands pop as something that cannot be taken seriously and it is precisely this rhetoric that they mobilized to get the rights to perform "authentic" rock songs and get INXS. We will see how this is done in the clips as well.

On the website, rock history was often noted as key to both the audience and the singers, many of whom had to show the adequate reverence necessary to understand rock.

JD Fortune was chosen as he is able to do his own thing as well as pay homage. In this the "author" had to become clear for "authenticity" of the rock performer.

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Saturday, March 10, 2007

Does Media Policy Matter? 03092007

Allen Larson -- Opens with a statement about the workshop and the issue of public sphere and policy. Questions multiple articles of faith, including does diverse ownership yield political progress, etc.?

Steve Classen -- The question is one that is provocative and productive. And I would like to rephrase this to "to whom" does media policy matter? If we think about this in terms in institutional politics, for many media policies does not matter much at all. I was on a panel in Washington DC about 10 years ago and the institutional representative who invited me told me that not too many people in DC is interested. I told him that I disagreed and noted that I thought that many other people were interested but not in the way that you are interested in. I want to mention my own work. In Watching Jim Crow I look at local hstories and use oral histories that were trying to change the state capital's public TV station. And these activists were able to make substantial inclusion for more racial inclusion and wider social access. This done on multiple fronts and all of these came in multiple ways and forms.

Black Mississippians were interested in local TV but it wasn't at the top: it was not about TV, it was about voting rights and access to education. Noriega tells us that most media regulation come out of the rise of direct action campaigns where media is not the lynchpin and popular media practices are intertwined in issues with greater social salience.

Media policy doesn't happen without holistic approach to the larger contexts of meaning.

In conclusion, the research that I have glossed over suggests that the work on audiences looks at audiences as communities where we can then look at the holistic atmosphere where meaning and activist communities take hold.

Cynthia Chris -- I would like to begin to think about the terms of media activism between policy and pedagogy. I have more questions than answers. For example, I wonder not only if but how policy matters and each new policy initiative seems to repeat each other (she then cites two different policy statements about unsupervised viewing of film and tv). The continuity for this type of statement and thought means that we should backup and look at them. Look, these statements are separated by 9 decades. One in 1916 for film and community standards come about. The other statement comes from the Parent's Television Council in 2006. Maybe what we have here is a ritualized culture of complaint that focuses on violence and sex.

One way of dealing with this is that we look at one of the solutions that has been offered with TV: ala carte cable. This trend has been the expansion of channel capacity and choice. Ala Carte is a rollback and this is interesting. How do we look at this?

The machinations of most Congressional debates may bore many students, but let us think of them not only as digital natives but as very comfortable with consolidation. I find that these students are infinitely approachable as consumers. Think about the fact that they not only want to choose, but they want to be surprised. And this is key. Ala carte may strip this and we need to think aout the consumer, and that may feel odd.

Steve Macek -- I want to refer to the earlier statement that Classen referred to. That was a decade ago and the fact is that we have seen that activists have been able to marshal an opposition to the FCC trying to scrap the remaining ownership rules. There are thousands of people being brought together and media policy is somewhat hot. And yet, I am very uneasy given the reform movement is very middle class in nature, the groups are narrow in their interests, these are often directed by many inside-the-beltway liberal progressive lobbiests.

The question is one that asks us to engage this in terms of activism and the like. How one answers our question is key. It matters as it responds to electoral needs, how it responds to competing interest groups, etc. Media policy matters from whatever perspective you take. I am taking this from a Marxist perspective and I think that the worst features of capitalism really susceptible to reform. Imperial war is not susceptible to reform. We need a radical transformation... we need a revolution. From my perspective, this means that the media policy matters not much at all. Media reform may be simple epihenomenalism from the vulgar marxist critique. New laws and policies have accomplished nothing at all for this kind of stuff. By themselves they are the reflection of the movements that got them in place. So, to sum up... my fear is that the media reform movement would be simply media cretinism. They are not focused enough on confronting the corporate state.

I actually believe that the sorts of reforms can make a difference from the movements themselves, not the reform. So what reform program will allow us to have us point beyond the existing order. We can either tinker with the system or we can have non-reformist reform. Tinkering protects big capital from giant capital. Or we can do the non-reformist reform. We can look then at the demands that may precipitate a kind of crisis in the system. An example here may be the embrace the idea of reporter power. That is reporters should be able to choose their editors and this is a very radical demand, one that has been attempted in guilds in Chicago.

Yeidy Rivero -- I should confess that I get really angry when I think of hispanic representation. The study of AFTRA in 2004 showed that there is a great disparity between English speaking media and Spanish speaking media in terms of working conditions, salaries and sex discrimination.

Spanish language groups have tried to bring attention to this as well as issues of the lack of local programming.

There are many groups who are using a consumer-citizen strategy these days. And many are making a number of interesting claims. For example, Telemundo, which is owned by NBC, has seen many of its employees become second-class citizens in terms of pay when compared to those who work on the english speaking side of NBC.

US scholars have tended to overlook the Spanish-language media and their many issues. Language has effectively made this problematic.

John McMurria -- In the broader sense many of us have looked at technology and society studies that have tried to go against the tech determinist sense of the work. Also, we are going up against a neo-liberal status quo in our discourse. This is a central issue in so many problems with wealth inequality. . How do we relate and ask questions given this consensus discourse? As a way to broaden these discussions will allow us to perhaps question this.

Part if my cable TV cultural tech debates was that in the 1950s and the 1960s the question was whether or not we should go down this path to go down the road. In our historians many historians position that the Nets did not want this. But if you look at the hearings you hear another discourse here. Many ex New Dealers were very supportive of this as they hated watching what TV had become. They had a real distaste and disgust. They want paid tv to provide an alternative to uplift TV. They believed that symphonies and operas would bloom. In fact many believed that this would be more democratic as you could "choose" and often likened it to voting. There was also a counterdiscourse from labor that noted that the choice would cause more and more class stratification. It emerges among these elites who hate mass culture. So that is one of the places that I look at this neoliberal discourse on the rise.

Turners book on cyberculture and looks at how digital nets would be the killer app against bureuacracies. Many of these counter culture types were working hand in hand with DOD, state-sponsored Universities, etc in the hope that we would get away from these hierarchies and institutions.

Let us look at local cable TV today and the discussion about whether or not telecommers should fund local cable access. On this issue, the telecommers don't want to do this and mobilize an anti-mass culture anxiety that produces this strong neo-liberal discourse that affirms consumer choice.

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Media Commons Lunchtime

The following was a lunchtime meeting where a few of us who are on the MediaCommons editorial board tried to flesh out some ideas as to what we wanted to do. Because I don't blog when I speak, you will see that I simply note what I say in parentheses.


Avi - Basically this is an incredibly ambitious and open project. Let's get some back ground. Media Commons is emergent from Kathleen's work where she wanted a digital scholarly press. There has to do with what it would mean to value digital media and this produces a meeting at USC and it is intended to think of what it would mean to make this press. And the scholarly press is an aspect of something that we would like to design. So, we need to rethink what the press would be. The digital environment may make community and scholar engagement. More of a press as process. This has to reinvigorate discourse and making it more of something about. Also a social network that may take place in this place.

Avi's questions -- what does media common's mean to you? What did you imagine? How does it gel with what you are seeing so far? What sorts of projects should we be engaging in? How do we deal with a digital press and how would we get something that may pass peer review? What are the criteria involved? How do we socially engineer a community? How do we see ourselves involved?

Tara -- Coming out of the meeting last spring and the desire to focus on media is a good idea. The idea is that a shorter thing where the thing that is happening here and a space needs to be build in. We need to think through with a multiple media environment and tis is more a credit toward tenure of a written piece.

Richard -- A couple of different thoughts... let us work toward the new consensus. Let us think about this since I am placing a tenure file up on things that only deal with electronically. This is hard since I need to do all kinds of justification for things why Podcasting is a scholarly endaevor or could be.

I want to build people together and this means that we need to demonstrate a real world purpose and things that we manufacture. Now, we need to think about how these things can contribute to debate.

I would like to max out things that are circulating popular. Let's make this a MySpace presence. In Media Res could be RSSed and in iTunes. Let us circulate and repurpose this. What is it that can get our best minds turning in the work.

How do we get people throwing their ideas out. What does web 5.0 for us? I think it signifies nothing. I do not want to fall prey to the network were it can produce a laboratory from it. We need to look at what does and doesn't work?

Chuck -- The networking idea is good is the idea of promotional work that happens in between blogs and getting a sense of community awareness.

Tara -- you want to connect and do a lot of edge work.

Radhika -- I was also wondering if you would reach out to Steve Jones. Let us think about the issue of the ideas of several things and we need to be in a number of social nets. We need to be there in strategic places and each of us will bring different communities. Academia tends to be an ivory tower but there is an issue of the community. The reason I see this is that I am at Bowling Green and I have an opportunity for a dissemenation grant and we could

Richard -- what becomes interesting if we flip the script. Think about the rush to online teaching and the idea of the idea of revenue models. It does mess with prestige and that aspect. The peer review process is always about prestige and this narrow gate was well defined and this is a thing that happens.

(I mention this issue of the making it valued as a clearinghouse of information, local communities, etc.)

Radhikia -- This is a service and this could become the place on issues of makingit valuable in communities

(I need to see this place where other institutions find value)

Tara -- Haystack would partner on this. Haystack is a consortium for reclaiming the digital humanities from those who were simply data mining. haystack is doing a conference in April at Duke. Last summer when the supercomputing workshop did work at San Diego, Haystack did this.

Richard -- How about something that opens up the process with the scholarly

Radhika -- Are we putting up another process or just the old process? We need to bring something new in here for value.

Avi --- what about the rights of the author? We cannot place people the box for failure.

(I suggest the guild model)

How do we get people to the site?

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Cinema and Gaming, SCMS 03092007

Adam Lowenstein -- "Cinema, Gaming, Interactivity: Between Existenz and Un Chien Andalou" -- Looking at the connections between old media and new media. The question really is one of interactivity to a certain aspect. Interactivity can be called false, can be demonized, etc. Kinder calls into claim what is going on here by looking at the interactive in the films of Bunuel.

Then quotes Galloway in Galloway as something that is more than interactive. Lowenstein wants to think about how cinema helps those think about the gaming experience, in partiuclar through the surrealist issues of gaming as associative rather than simply interactive.

Lowenstein wants to anchor Existenz through Un Chien Andalou. The issue that he is drawing on is that of the games such as those of the exquisite corpse. This game did not have an audience beyond the players, whereas with Bunuel and Dali do have one and the issue of reception.

So then we get the famous opening sequence of the film. We get the knife sharpening sequence and the slit moon/slit eye sequence. This is a game of images and not all players play in the same way. This is associative imagery. And the Graphic elements about the imagery that is key here.

Such games of association also happen in the film of Existenz. There is a scene where the game urge takes place. The Game Urge occurs and the game character is somehow "born to do these things" -- do not fight it and this is key... he forms a gun from the bones of the food he has just eaten.

At the heart of the scene is a number of a question of agency that rests at the issues of cinema and gaming. There is a sense of the game's logic that controls the player and desire. This is a common issue here with a formal sequence of the cut scene where the player loses all agency to become a spectator. Galloway notes that this is a regression from Gaming's possibilities and this is a regression.

Existenz asks us to grapple with how gaming cinema can be and vice versa. It asks us to rethink what is "cinematic" and "gaming".

Audrey Anable -- "Come Out to Play: The Warriors Video Game, Moral Panic, and the Remaking of a Decaying American City" -- The game emerges from the subway in the city and people in the game are wreaking havoc on the city. It is set in NYC in the lat 70s and early 80s as a place of urban decay. The Walter Hill film drew on an idea of the city as one that had a been taken over by a lack of moral order.

Rockstar games adapted the film into a game drawing on its most famous game, Grand Theft Auto.

What can we learn about the relationship between pop films and pop games. The film begins with a convention of the games there is an assasination and misplaced (yet strategic) blame.

The Warrior's film is not indexical at all and is more comical. The issue of the city is a heigtened and imaginary one. The narrative suggests that there is an idea of the city as a place of play in spaces of urban decay.

The Warrior's seems more like a mish-mash of martial arts films, gangster genres, even the musical. The Warriors seems like such a video game in many of its elements, it's thin plot, flat characters and action, makes it perfect for video game adaptation.

The opening sequence of the game is almost a shot-by-shot adaptation of the film's opening sequence. But we learn later on that the this film is 3 months earlier than the film diegetic world has initaited. The game explains how members of the warrior became a member and the world is far more complex in terms of space than the actual filmic city. The player works in a way to deal with the map. The map is key in order to deal with the epically scaled world (see games like Grand Theft Auto). What is important to note about game play and the urban city is that the city space needs to be mastered through play. Thus spatial exploration is key since the spatiality is part and parcel of the game.

This paper is part of a larger project on the issue of spatial discourse regarding urbanity in video gaming. Let us think about these games in terms of the other issues surrounding city space policies of the time in which video games emerged.

Erin Hill -- "Achievment Time: Chronotopic Interpenetration or Real and Game Time-Space in World of Warcraft" -- This is a Bakhtinian issue and the chronotope has been adopted for a much more active issue at work here. The mutual effort of the gamer and game where the time of the game and the gamer get's blurred. Bakhtin gives the issue of the chronotope and time can thicken, take on flesh, become visible. It is a real odd time-space configuration that has the chronotope.

World of Warcraft as an MMORPG You have two continents and these continents has to be done in real time and the fact is that you must travel to get there. There is no sleeping, just adventure.

Time in this sense is measured in missions. And the characters are supposed to change and grow, metamorphoses. You have a this sense not from internal digestion, rather from possessions ans skills you get. Also, if you plan hard enough and work hard enough you will almost get success... chance and fate have no place in here. What you get in WOW is an adventure of accumulation. The myth in America is that if you work hard enough can achieve anything and is presented as a fact both here and in this game. When you play WOW you can not really place a hold on the game, you have an open-ended game that can, when coupled by the real/internal time fusion in the game, forge itself quickly into a lifestyle.

In modern life we get a highly segmented and disciplined issue of time. But in WOW and in the place of the computer we often see how these worlds and time types really do fuse. Think about the scheduling of game time and the sheer number of hours. Gamers may make friendships that may be character to character that then become player to player. These confuse the virtual.

The interpentration happens in terms of economics and even in contracts. There are a number of politics that occur such as "gay" separatist guilds.

One of the things that is appealing is given the logic of acquisition, while it happens in "real time" does quicken and is accelerated. And this is pleasurable at a number of levels.

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Thursday, March 08, 2007

Allow Me to Share... TV Barn

This is a blog with podcasts that I have been wanting to share for quite a while. TV Barn is Aaron Barnhart's site and is one of the most enjoyable blogs for TV criticism I frequent. The MP3s are 15-20 minute weekly segments that come from a KMOX show with Paul Harris. Well worth your time if you like, nay, love TV.

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Wrap Up for Thurdsday!

Ahh, lessee. The best thing that happened today was Will Straw bought me a drink! That, my friends, is an awesome thing.

There are some good people here but no one else has bought me a drink. You rock Will, you rock!

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Copyright and Fair Use, SCMS 03082007

Richard Patterson -- The pragmatics of the public sphere in British Public Cinema

Five Areas

  • The creative economy and Public Policy

  • Space Regulation and Market Management Policy

  • The Creative Archive

  • The BBC Creative Futures

  • Contracts and Pragmatics



This started at the University of Glasgow and the whole point of the project was to think about sustainability

The creative economy and Public Policy -- this is at the top of the agenda right now and is seen as a sustainable one where copyright enable agencies place the UK in a competitive advantage. The issue here is in the IP review and the creative economy review was done throughout.

The BBC is interested in public value texts as it has to justify pound's spent

The Creative economy agenda has really spread througout a good portion of the world, including Australia. However, the question is what is creativity? Philip Schlesinger

Space Regulation and Market Management Policy -- doesn't find it very useful as it is a spatial metaphore and this is not very useful for me. I find it very much more useful is information spaces and creativity. What are the new spaces involved in the production of technology. In the UK the issue at work is Citizen rights,

I am invested in the creative capital of the nation at the BBC -- so that those who commission the work, the BBC, should have some ownership. BUt recent decisions have made these rights reside not in the public rights.

The BBC has a unique place in the UK economy as it has changed from a demoralized one to a much more happy one right now. It aspires to be the most creative of them all. It still has a public value test in some ways to fulfill its charge. The public value test takes the citizen value .

The organizational structure that is key is that the creative archive is to make this aarcive of BBC work to download and repurpose issue. This is a public sector partnership and shows how the BBC is trying to make these things available to the people.

The number of downloads has been huge and the questions is now how do you pay for it as a public vendorship. Books in the public libraries get royalties from borrowed books. From the outset many commercial concerns opposed this at first.


Jennifer Lynde Barker -- Animating Racial Representation --While I was working on digital media I ran into some issues about the problems fair use and educational fair use is a foreign concept to commercial media and today I want to look at the educational versus the lucrative. Also, it can be used to stifle understanding of past issues of media.

The project that I was working on was to give us a CD rom that would be for colleges and high schools for education of African Americans in early cinema. Fair use should have covered us but the NEH and various publishers refused to consider fair use a viable category to make claims. And proving who held copyright was difficult to determine who actually held for many materials such as Cabin in the Sky. And in many cases studios would erect many standards and barriers to use to make them use good. For example, including a scene where an actor would have to clear it can be especially problematic.

Often it is clear that institutions would keep certain scenes out and see what you could include would often be kept at a minimum. This was especially true as cartoons were often banned and this is due in part that cartoons are often marketed to children. Banning objectionable cartoons allow these corporations to maintain a squeaky clean image. Corporations can then whitewash projects. Disney claims that they have banned several films so that they won't offend, but it is clear that they are trying to keep their image up. For example, the objectionable mickey mouse cartoons have been released in submenus and are in the vault and Leonard Maltin talks to introduce it and you can't skip through that (you can for other Silly Symphonies features). It's a way maintaining image.

The Warner Brother's banned eleven are a number of cartoons that cannot be shown in broadcast television but they are available in bootleg form.

Besides pirated videos things like YouTube keep these things open. Open by strengthening fair use then you can create film history in the classroom, instead of the board room.


Mark Benedetti -- Encoding Piracy -- In the beginning there was piracy and this was true in Lumiere and Melies. The piracy of films in early cinema was a way of distributing film. All of this happens in a world of legal supremacy today. Piracy is not curtailed through copyright law.

New strategies -- watermarking prints began in the 1980s and this flourished as a way to trace where the copying came from. With the onset of digital you had a problem and there was a new way to do this -- anyways, it is there. The codes are there and they exist as a set of 4 reddish brown dots. The industry is quite silent about this.

The code has some lively public discourse. DeLuxe labs who came up with the new code will not talk about it. The MPAA will not discuss it as they do not want to tip off potential pirates. This is CapCode is essentially not discussed.

So, now I will take up a Deleuzian take on it looking a difference and repetition and simulacrum.

Who does this -- low pay people working in labs, disgruntled Academy members. The academy claims it is these people who are forcing people to do this. They are wrong since it is the object that does this. The simulacra is at work here. There is no degraded copy from an original, just multiple versions of a simulacra that are the results of sources of difference.

The simulacrum in these cases simply shows up the original as another simulacrum. It refutes an idealist epistemology.

The "original" is marked in CapCode and the unmarked original is disgraced by not taking on the legitimate markings.

I am not here to make an easy argument about the progressive politics of piracy. In China pirated forms of cinema open up that closed cultural market. It isn't necessarily liberating. It is something else since piracy is a form of capitalism, one that operates outside specific legal conditions.

Piracy is theft and this act relies on the law. The simulacrum marks this morality rather than an original and a copy. Piracy exists as a threat to morality rather than capitalism.


Lindsay Fullerton -- Captives of Copyright: Documentaries in the Digital Age -- Begins with the example of "Happy Birthday", owned by Time Warner and is owned until 2030. For example the filmmakers of Hoop Dreams paid $15,000 for one verse of the song

In the digital age doc filmmakers are dealing with the Wealth of Materials in the age and the oppositional Restrivtion of Materials

Why are docs so much more affected. AV films are their bread and butter. Sometimes images are irreplaceable

There are moe and more people making docs than before. One of the reasons is that digital video is easy to make and many more venues where it can happen.

We also see more and more docs -- in commerce we have seen a rise of 85% from 2002 to 2006. Also digital channels are key

There are more and more channels in which this can be seen.

The Center of Social Media conducted a survey in 2004 of 45 pro doc makers. What they found was escalting costs, complicated clearance process and self-censorship as the key problems.

A slide on Fair Use and what it ostensibly covers.

One of the key issues at work is that of Fair Use is beginning to be adopted by insurance companies.

Public domain issues. lifteime of the author plus 70 years or 95 years if held by a corporation.

Let us at Tarnation (2004) -- edited by iMovie and originally it cost $218 and after clearance of copyright it cost $400,000. In Eyes on the Prize from the 1980s it was off the screen for over a decade because of lapsed copyrights and only cleared the works for 5-10 years.

To mediate this relationship the Center for Social Media created a "statement of best practices in fair use" -- one success is This film is Not Yet Rated and Downhill Battle which released the Grey Album. Creative Commons is another way that you can use this and place certain things with a CC license.

In 2005 Downhill Battle planted bitTorrent seeds of Eyes on the Prize. It was downloaded, gained publicity and have gained the money necessary to clear the copyrights again.

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Global TV Formats, SCMS 03082007

Michael Kackman -- Unfortunately one of your respondents couldn't be here as Sharon Sharp had a family emergency.

MK - My paper has become engaged in biography, in particular that of Duncan Renaldo and The Cisco Kid. As multinational television nets grew, so many scholars developed the one-way street of media imperialism in the Global and Local grow. We are interested now in issue in post-fordist media cultures now, and this is shown in a number of scholars.

And something has changed materially and demanded new epistemologies. They convincingly show us that the one-way street metaphor doesn't necessarily work here. Perhaps older one-way street issues are at work as grand narratives. Some of the work by Schiller et al here is not only important but I want to look at micro areas where people tried different attempts at globalization in the early boom in the history of television.

Among the first of these shows that syndicators sold to TV writ large were B-westerns, among these are The Cisco Kid. Ziv TV wanted to use this to expand not only in the US but in Latin American cultures as well. By using Duncan Renaldo's questionable "nationality" and national identity we see a key. His origin was never quite well understood and he was adopted. Where was he from? Mexico or New Jersey.

I guess he was a gypsy, but we do know that he spoke English and Spanish fluently growing up. After a few years working as an actor, MGM acquired him to make him a Valentinoesque character. But his work ran into an number of complications. And I want to talk about the publicity surrounding one of these early films and all of the problems that it had.

Renaldo ran into some issues with immigration problems and was sentenced under a different set of names. He was then pardoned by the Roosevelt admin by lobbying Eleanor by Poncho Barns.

His racial ambiguity was, by all means, well known and well publicized.

Renaldo appeared in many B-Westerns that dealt with banditry on the Mexico/US border. Even when he was playing in many Zorro films he was trying to negotiate a number financiers to win box office receipts in global audiences that are connected to people's local experiences and lives.

These studios rejected many of his approaches. Paramount believed that they had more than enough "westerns" althought Renaldo always noted that he did not believe his pitches were Westerns.

Renaldo then was caste as the Cisco kid and this was something that would be key for the rest of his life. The central relationship between Cisco and Pancho was a key issue.

Renaldo offered a crucial point of mediation...

To be globalized Renaldo could be constructed as white for global distribution in some areas such south Africa he could also be constructed as Mexican in some way.

Renaldo is really trying to change new systems of representations yet could never get outside of his costume.

Chiara Ferrari -- To put this work in my context with my general work, I work on television translations and dubbing. When I think about why conteporary series I think about the conception of Italian tv and deregulation of Italian TV. The general thesis among Italian TV scholars is that this is something in the 1970s and 1980s. This is something that Berlusconi figures in on.

The presumption is that early TV is that it is National in content and you have an issue of high culture that is spread and must merge "mass education" with high production values. This would be the mission an goals of early Italian TV in the 1950s.

This thesis s made stronger as it is a way to unify the country in the 20 different regions and the idea was to make a nation . Quotes Giovanni Bechelloni "A Nation exists if it exists, amoung a group of individuals a sense of oneness a feeling of belonging to common nationality identified by at leas three factors: language, territory and memory" Early Italin TI is national because it offers these things

But starting in the 1950s, I believe, that there were American formats were imported from the US to create a sense of Italian Nationality. For me, it is the game show that does that work.

These were huge national hits and the TV execs modified the forms for something of an Italian taste... and songs and music are added, humor and celebrities were added for national flavor.

The hosts of some of thes shows of Lascia o Raddophi and Il Musichiere. Mike Bongiorno from New York hosted Lascia; Mario Riva spoke with a heavy Roman accent. The choice of the two main hosts says a lot here. Mike Bongiorno is still the icon of the quiz shows. Mario Liva passed away by falling from stage.

Let's see how these game shows gave these three elements -- they all speak Italian and not regional dialects. Also, dialects are ridiculed and proper Italian is respected as a sign of progress and modernity. Italian TV can see this in their homes and hear "proper Italian" spoken.

All Italians are in contemporary viewing patterns. Even in many movie theaters many people would watch Lascia o Raddophi on television (and bars) as many did not have a television set in their homes.

A Later show Campanile Sera in the late 1950s was often spoken about as a very Italian show. In this sense you had "cities" in competition with each other and the cities are in competition with each other. And the late 1950s and early 1960s we had the Italian economic miracle. The message that many wanted to show was that everyone throughout these cities could see the miracle and take place in it.

Also, the questions that were asked in these shows were about a common history and culture. Here Italians discover a historical memory that they share.

What are the practical consequences that resulted?

It was hugely popular and the game show "fever" put pressure on the Italian Government so that they could participate in these types of questions.

The Mandatory school attendance age was raised in 1962 to 14 years old, and the curriculum of the Junior High School system was revised by official governmental legislations.

Joe Straubhaar -- One thing I noted about these papers is that it is interesting that there are a couple of commonalities. And this has to do with the issue of Flow and how that doesn't necessarily work with the Telenovela. But let's look

In Television there is a way in which TV has a constant flow of ideas [ed. note, as this is a popular medium], there is a flux of ideas that is constant. And there is no way to think of these in terms of hybridity. The issue of Hybridity is key when we look at it. Think of the Cowboy, which really comes from the figure of the caballero.

There are other figures that are hybrids as well... Carmen Miranda. A figure from Brazil, who is originally from Portugal, who then takes afro-Brazillian songs and dance and exports them.

What people try to do is that they export their stuff. When we look at how global television and film we see that people produce and then export. They are trying to sell what they got and this is a key issue.

Let's think about what Chiara is doing and think about how she looks at local TV and see how it is adapted. There are lots of mainstream issues that are spun nationally, yet there is something else, a third force. Producers, exporters and then local producers. It takes the adaptation issue at work.

There is a movement of national and international ideas as well. Think of Berlusconi who looks at a systemic model that is US oriented and adapted throughout the US. Even at this level we underestimate hybridity as their are many ways of doing Capitalist Modernity. Let us not subtract the local influence that allows these systems and the shows that they produce form the formula with an across-the-board understanding of this as media imperialism.

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SCMS 2007

So, I am going to try to do some blogging here at the society of Cinema and Media Studies conference in Chicago. There doesn't seem to be an open, free net at the Hilton, so I will make these posts as I can from my friend's houses.... so it will look like I am blogging all at once. I assure you I am not. More than anything I will just use this as a chance to liveblog, which is something I love to do at conferences, when it is allowed of course.

One thing before I sign off on this post: The weather is great today. It's 53 degrees Fahrenheit and the skies are bright blue. It's a sin to be inside, I tell you. But more importantly, I am always blown away by the way that my music selections change so fundamentally when I am on a train in a city. Basically I play nothing but three things: hip hop, electronica and rhythm & blues based rock. For me that has meant mix tapes, mash ups, Air records (in particularly the great, overloooked "Talkie Walkie") and repeated doses of Eddie Money. What is strange is that I have no interest in country or countryish music at all. That would definitely change over time if I lived here again, but who knows?

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Wednesday, March 07, 2007

If you can't Beat Em, Join Em: MTV Web Goes Web 2.0 GaGa!

Last week's Onion headline of Viacom Demands YouTube Pull 400,000 Ex-TV Viewers From Its Site was pretty hilarious, but spot on. In short, TV is losing viewers to the internet faster than they thought would happen. So, MTV has decided to actually do something about it
MTV Networks, owner of the MTV and Comedy Central channels, is pushing a risky new Web strategy to win back young viewers from the likes of YouTube and MySpace.

The network, which already has 150 Web sites in 162 countries, plans to build literally thousands more, hoping to draw viewers by letting them watch, contribute and even re-edit its television shows.

"People tend to find content on the Internet through thousands of front doors as opposed to one," said Mika Salmi, the new digital president of MTV Networks, a unit of Viacom Inc..

Some three months ago, Salmi began laying the groundwork in a strategy plan called "Atlas."

MTVN's sites currently operate largely within their own "silos," so they first had to adopt the same technology tools and then find better ways to cross-promote the myriad brands tied to its shows, Salmi said.

"The goal is hopefully to tie it all together over the next year, and to be far more open," said Salmi, who joined MTV Networks last summer after Viacom purchased Atom Entertainment, known for online short films and games. "Consumers love these shows. Let's get them involved."

In the coming months, Salmi said the company plans to open up more of its archives, allowing Internet users to take videos and post them on their own sites and also re-edit some clips.

ComedyCentral.com already allows viewers to post, or embed, some of its videos on their own sites.

"Consumers want control," Pali Capital analyst Richard Greenfield said. "Fighting that trend is not a winning strategy...They're moving in the right direction now."
Opening up the archives and getting more user-generated content. That's the new business strategy. As for user compensation...hmmm....



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Tuesday, March 06, 2007

Hyprocrisy, thy Name is....?

I love the music industry when artists are getting paid, which is why I am a big advocate of subscription-based legal downloading as a paradigm. Services like e-music are beyond excellent. I get cool music and a low price, artists get paid, everyone is happy... hopefully. When artists don't get paid, well then you gotta wonder. Which is why I always tell my students that if they really want to support the artists, buy records directly from them or their website and a t-shirt: the profit margins are kept high and you aren't necessarily funding some suit's coke habit. A musican's coke habit? Well, you never know, but at least that artist rocked your world for a while.



Which is why I just loved this post at Idolator about how the RIAA explains to college students why they should stop illegally downloading music
Last week, the RIAA conducted a conference call with various college-newspaper writers, with whom they discussed their strategies for cracking down on campus downloaders. Emcees Without Voices obtained a transcript of the chat, and now everybody can watch as RIAA president Cary Sherman and executive VP (and general counsel) Steven Marks try to school the younguns on why students should put down the apple bong and call up their lawyer.



Sherman's opening remarks set the tone for the chat, the thrust of which boils down to: Ohmigod, guys! Your favorite artists are, like, soooooo mad at you! To wit: "Many of you probably have a favorite local band on your campus. If music theft is allowed to continue at such unacceptably high levels, the chances of those bands getting signed to a record label deal will continue to diminish." When you consider that this is coming from an industry that has long bullied emerging artists into crippling, unfairly balanced contracts, and that has reduced A departments to the size of a jazz trio, and that has put financial muscle behind doomed-to-fail megastars whose paychecks swallow up the entire roster's budget, then...well, then, we actually forgot the point. Oh yeah: Dicks!
Mean spirited? Yes. Accurate? In too many cases... yes.



And remember: keep buying those CDs and stickers next time you are at the show.



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"Double Dipping" Royalties? Or This is Where it Gets Complicated...

The Mi2N - Music Industry News Network reports that The Digital Media Association (DiMA)
submitted a 'friend of the court' brief opposing a claim by the American Society of Composers, Authors and Publishers (ASCAP) that digital music downloads are 'public performances' and should, therefore, be subject to a public performance license and royalty.
This is a bit tricky and one that requires some explanation. ASCAP is what is known as a Performance Rights Organization and like all PROs collects fees for songs played in public venues, over the airwaves, etc. Radio stations, bars, cafes, etc. all pay licensing fees to PROs for the right of musicians and DJs to play any song in their catalogue. It makes sense that they want to get payed for digital radio, however here's the issue at hand, and it's tricky so let's follow this. DiMA claims that
DiMA members pay television, motion picture and sound recording producers hundreds of millions of dollars annually for the right to digitally distribute their copyrighted content, including the incorporated musical works. These synchronization, reproduction and distribution licenses, including "mechanical" licenses associated with sound recordings, are appropriately paid when musical works are used in audiovisual productions and sound recordings and are distributed to consumers - in physical or digital form. DiMA members also pay music publishers and songwriters (through ASCAP, BMI and SESAC) millions of additional dollars for the right to publicly perform musical compositions using streaming radio and video services.
Ok, that makes sense, right. You get paid when you reproduce a recording in mechanicals, you get paid when you synch a song to an image in a time-based manner, you get paid when you play it. However, for many digital blurs some of these lines, particularly between playback and recording. For example, if you offer a podcast of a radio show you are reproducing that song. In fact, this is also the case, to some extent, with some streaming that can be easily captured. Such is the blurriness that ASCAP and BMI want performance royalties even if you transmit a media file and it is never listened to. As DiMA notes
ASCAP and BMI claim that a download or even its “transmission” to a consumer – even if the media file is never opened and made audible or visually perceptible to the recipient – is a “public performance” that justifies an additional license and royalty. “This sophistry is based in fear – that ASCAP and BMI will have no service to offer publishers and songwriters if direct-to-consumer distribution substantially eliminates subscription or advertiser-based performance media,” stated Potter. “This fear seems unwarranted, but regardless, the law clearly states that a transmission justifies performance royalties only if the transmission is of a ‘performance.’”
Here's ASCAP's media release from March 1st
The American Society of Composers, Authors and Publishers (ASCAP) yesterday filed a cross-motion in the United States District Court for the Southern District of New York, asking the Court to confirm that all Internet transmissions of musical works to the public, including digital streams and downloads, are public performances - as the United States Copyright Law requires and Congress has stated.

Therefore, all digital streams and downloads should be subject to licensing by the creators and copyright owners of those works, through organizations like ASCAP which represent them.

"The emergence of the digital world is dramatically reshaping the way music is purchased and enjoyed," said John LoFrumento, Chief Executive Officer, ASCAP. "We strongly believe that our members are entitled to be compensated for all Internet transmissions of their music to the public - including the public performance that is an essential part of a music download."
Ok, so a download is a performance? Hmm, I think this is a willful confusion, at best. A download, as far as I am concerned, is the same as my purchase of a CD; streaming is the digital equivalent of broadcast transmission. I am brought back to a number of issues that used to exist when home taping was the fear-of-the-day. Back then we were running around with CRO2-90s, Cassette Decks and FM receivers. This combination, the music industry argued, would allow a rock radio station to play an entire album, we would tape them, and no one would get paid because of the excellent quality of such recordings.

Hahahahahahahaha. Oh, memories.

I can't say ASCAP and BMI will lose this battle, but I do think that the issue of determinable intent is key here and a download is not a performance. It just isn't. Or maybe it is. Make the case people. Make the case.

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The Best of The Worst of Star Search

I have to run to class but I had to share this video that Patrick Burkhart posted at Media Commons. Laugh your ass off

Saturday, March 03, 2007

Q: What is the Best Way Retard a New Distribution Paradigm? A: Make it a Losing Proposition!

Ok, I love radio. In the last 25 years, though, my favorite medium has effectively been denuded through consolidation. The effect is that radio is as profitable as it has ever been, but it is completely boring. In many medium sized markets you may have 20 or so stations, three or four of which have any semblance of local programming. This, by the way, includes NPR. My local NPR AM juggernaut broadcasts 24 hours a day and I can count on one hand the number of substantial local programs that find any airtime.

What this means is that if you like local varieties you need to get on the net and stream. There's lots of college, public and commercial radio that streams as well as kick ass podcasts. But because of a struggle over how much digital radio and other digital deliverers should pay for play, we may have a real problem on our hands. The Copyright Royalty Board has held a number of proceedings on webcasting rates and terms , as Idolator notes
The board decided to go with the rate suggestions put forth by SoundExchange*, the division of the RIAA focused on collecting digital royalties, and not broadcasters; perhaps unsurprisingly, they're prohibitively expensive for even the largest broadcasters, and in some cases the required royalty payments may equal or exceed 100% of an Internet radio station's revenue.
Kurt Hansen explains
Because a typical Internet radio station plays about 16 songs an hour, that's a royalty obligation in 2006 of about 1.28 cents per listener-hour.

In 2006, a well-run Internet radio station might have been able to sell two radio spots an hour at a $3 net CPM (cost-per-thousand), which would add up to .6 cents per listener-hour.

Even adding in ancillary revenues from occasional video gateway ads, banner ads on the website, and so forth, total revenues per listener-hour would only be in the 1.0 to 1.2 cents per listener-hour range.

That math suggests that the royalty rate decision — for the performance alone, not even including composers' royalties! — is in the in the ballpark of 100% or more of total revenues.
Ok, so for every dollar I take in, you get a dollar. Hmmm? Profit anyone?

Ok, so if this is the case then this is completely unreasonable, which isn't to say it will somehow be dealt with in the future. Here's the reason why. This fight isn't about your small webcaster. Rather it is about how much XM or Sirius will pay to play. And the law being what it is, the consequences could be devastating to the little guy. If you want to see who was involved in this fight you can click here, here and here. I have only skimmed the surface here, but this is interesting to say the least. Basically what you have is "new means of distribution" meets "established organization with lots of clout", something we have seen seen before, When, you ask? Why, thanks for the question. Allow me to explain.. ahem...

Back in the old days of the US there was this old timey medium called broadcasting they wanted to use popular music on their airwaves. The big problem was that the most popular music was controlled by ASCAP, who had the rights to the best songs and wanted these broadcasters to pay through the nose to play them. ASCAP had the clout and the broadcasters did. Furthermore, ASCAP was notoriously picky about who got to join closed the door on many aspirant songwriters who they viewed as unskilled, unwashed and undesirable. The broadcasters looked at this option and decided to build a new organization that "opened the door" for these artists and the result was, you guessed it, BMI:
BMI was founded by radio executives to provide competition in the field of performing rights, to assure royalty payments to writers and publishers of music not represented by the existing performing right organization and to provide an alternative source of licensing for all music users.

BMI’s history coincides with one of the most vibrant, evolving and challenging periods in music history. As popular music has moved from big-band to rock & roll and hip-hop, and formats have evolved from 78 and 33 1/3-rpm vinyl records to compact discs, MP3s and beyond, BMI has worked on behalf of its members to maintain a leadership position not only in the United States, but worldwide.

Underlying everything BMI does is its philosophy: an open-door policy that welcomes songwriters, composers and music publishers of all disciplines, and helps them develop both the creative and business skills crucial to a career in music.
Ok, so this took about 17 years to happen, so don't expect new digital distribution organizations to get their act together anytime soon. And, yes, I do have suggestions on how to get their act together and with whom they should work with (and invest). Right now I would say that the terms Long Tail, EFF and Creative Commons could all be substantial keys. Let's just say that developing organizations that cultivate a new labor force and new contractual understandings will be key. Much in the same way that BMI was the key to getting hillbilly music on the air and those artists gaining some wealth as a result, I would hope that some people are out there beating similar bushes so that we still have an option to Clear Channel sanctioned radio and the artists who exists in those formats.


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Friday, March 02, 2007

Flickr and Asset Management: A Neat Idea

Those of us who have worked with still images for presentation in classrooms have all had to negotiate the dreaded slide library. Well, I thought this great idea from Teaching 2.0 was a nice idea: Use Flickr as a place to manage your visual assets

One of the problems we’ve had at the school for a long time is how to manage all the digital photos that we generate (and we generate a lot). Up to now, the teacher that took the pictures would keep them in their own iPhoto library and it was a matter of knowing who had which pictures and arranging to get copies if another teacher needed them.

We’re changing that, with Flickr’s help. What we’ve done is create a private group on Flickr. Private groups are invitation-only, and the photos in the pool are only visible to group members. This is important because, for child protection reasons, we don’t necessarily want all the photos we’ve taken in school to be public on the web.
So, next time you got the kiddos out on a field trip to the Grand Canyon think about taking some of their pics and throwing them into a Flickr set and you got slides for that next Geo 101 class, or something like that.

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Teaching 2.0, Part 2.0

Clearly there is a bit of interest on how to use these new 2.0 tools for academics. I received a number of thoughts in the comments section of the initial post. The following have all been excerpted from the comments section and can be seen there. More than anything else I just wanted to get these on the main page.

Jason Mittell notes

You need to teach about the tool, not just with the tool.

For many faculty, adding the newest technology is a way to make a class seem fresh, new, hip, etc. - you feel like you're meeting students where they live, engaging them on their digital terrain. But I agree that most (certainly not all) students are fairly unreflective media consumers/producers - they may know how to use some software, but they haven't thought about what it means to use it.
Michael Newman points out,
Now maybe this is semantics, but you seem to have in mind only a couple of things that one might call Web 2.0. Asking students to contribute to blogs and wikis is probably asking them to do something they haven't done before (though now some of my students have blogged before for other classes). If the class were to have a social networking site, though (maybe using Ning?), then they would in theory be in their comfort zone. My students Facebook all the time. However, they might see social networking (or IM'ing the prof) as their thing and resent being asked to do it in a class context. Kids are often very much put off by the thought that "old" people like their teachers or parents might be violating what they see as their online space. This suggests that the issue of who has the accent isn't as simple as it might seem. I have an accent when it comes to social networking sites. They seem very foreign to me. I have no idea what to do with MySpace. It just confuses me. But they have the accent when it comes to blogs, wikis, tagging, RSS, even Flickr and YouTube. Indeed, most academics have little or no experience with these things--even young ones like us. An interest in the latest whizbang internet things is still really a niche pursuit. We should no more expect students to know about this stuff than we would expect them to have seen the same movies and TV shows as us. It's not their culture (yet).

Bryan Alexander has a good point which accents the research aspect of this stuff
it's useful to think of the Web 2.0 landscape as a research area for students. Beyond production in that area and self-expression, there's a lot to be considered under the rubrics of "search" or "information fluency." Consider, for example, using Technorati or Google Blogsearch to sample opinions about an event or current object. Try searching Flickr to find photographic evidence of some topic. Yes yes yes, of course, this is where we contribute (or should contribute!) content... but it's a different angle, seeing these as areas for search.
These are all interesting ideas and I will try to address them all not just in the comments page, as I have already, but in an upcoming post. 2.0 for me is less a paradigm shift than an assertion of the Web's promise as an information aggregator and distributor. That's nothing new as far as observations go. Yet as educators and researchers the implications of this will take a while to digest as standards are determined and the tools are better tailored by programmers and users alike. In other words, the future is anything but smooth sailing. Interesting times, interesting times.

Thursday, March 01, 2007

Over the Counter Culture

Tim Fite, Hip Hop artist extraordinaire, is giving away his latest album, Over the Counter Culture. In a wonderful interview in the Chicago Tribune by Greg Kot Fite explains how the album is a protest against what he sees is the worst aspects of the culture he loves so much
Everybody has their first musical love, and rap music -- and especially the politics of it -- were what turned me on and what got me excited, that there could be a form of music that was socially conscious and untainted seemingly by big business. But along the way it stopped being a voice and became a product. Now it takes the worst stereotypes that society has to offer and amps them up to ridiculous caricatures of what a population can be and then uses those characteristics to market a product that is a mockery of itself.
Because the record is so decidedly critical of consumerism, Fite has taken the next step and has decided not to go through his label, which would need to sell it as a viable commodity.

Sound complex? It is. As Fite told Billboard
A lot of people don't even know their voice is being suppressed because they're too busy buying stuff. They're putting money back into a system that exploits them, and they're told happiness comes from a material gain. That's my primary target of rage on this record. It's a complicated idea, and I have to recognize that my voice isn't necessarily the most valid. I have benefited from all the things that I rail against.
By the way, it has a good beat and, yes, you can dance to it. I give it a 98.