Home | Editors | Features | Columns | Photos | Regional | New Groove
Road Trip | Tour Journal | Venue | Levels | Ghosts | Homegrown | Inaudible | CDs |
ORWELLIAN NEWSPEAK & THE RIAA, AND OTHER NEWS

da Flower Punk - Nov. 11, 1998
tlynch@socrates.berkeley.edu

ORWELLIAN NEWSPEAK & THE RIAA

If you've been thinking that the Recording Industry Association Of America (RIAA), the industrial organization representing the six major music business monopolists, has been engaging in a whole lot of Orwellian Newspeak lately, you're not alone.

Newspeak, of course, is the phrasing that Big Brother created in Orwell's dystopian novel, _1984_. "War Is Peace" and "Ignorance Is Strength" are among the slogans that the totalitarian Big Brother adopted to obfuscate matters of public importance. In the RIAA version of Newspeak, the industrial trade organization claims to represent "the interests of artists."

The RIAA has been in court recently, for example, trying to prevent a San Jose company called Diamond from introducing it's Rio MP-3 player to the market. The RIAA fears that MP-3 compression technology could mean the end of the music business as it is currently organized, and while many would welcome that development, clearly it ain't gonna happen like that.

MP-3 is a way of transferring almost CD quality sound over the internet. The Rio connects to your computer and stores up to an hour of digital sound in its memory without tape of any kind. It's memory is expandable to hold even more. The sound files could be things you've made on your own home computer music system, or things you've downloaded from the net. The RIAA claims to be representing the interests of "artists" with its actions, but clearly they mean only those artists signed to major labels.

The interests of the artists and the interests of the music biz corporations are frequently at odds, something the RIAA doesn't seem to understand.

More importantly, MP-3 technology is especially embraced by bands without major label contracts. You can call them unsigned bands, but they prefer to be thought of as independents. Either way, they too are "artists" with "interests."

DAY BY THE RIVER is but one example. The group has several MP-3 compressed songs available for download on its www site , and they generate national and international interest in the group and its music this way. With the Rio MP-3 player, there could be even more interest generated, because if you found something you liked on line, with this device (which retails for less than $200 and is about the size of a pager) you can take the sounds over to a friend's house on turn them on to it without having to drag your whole computer along too. Apparently, however, the RIAA won't consider Day By The River "artists" with "interests" unless they sign with one of the majors.

It is not that Day By The River is against signing with a major; to the contrary they probably will someday. But getting a large fan base is one of the steps on that road, and MP-3 technology is just one of the ways the Day By The River fan-base is growing.

The RIAA got a temporary injunction against Diamond, preventing them from marketing the devices, but it was very recently overturned in federal court. You won't be surprised, I bet, to hear that the RIAA is now trying to secure a "tax" on the players much like they "tax" consumer grade blank CD-Rs about five dollars each.

NEGATIVLAND, the Bay Area sonic collage makers and artistic social critics, is another group of artists with a beef against the RIAA.

Negativland is certainly clear that the RIAA supports industrial interests, not artist's interests. The group found this out again late this past summer, when the people that usually press their CDs would not press Negativland's most recent work because of fear of RIAA lawsuits. Seems the RIAA sent "guidelines" to CD pressing plants that warned of serious legal repercussions if the plants pressed discs that had even one "uncleared" sample on them. (This is a little bit like suing the United States Postal Service because they didn't know that the UnaBomber was going to send mail bombs to people.)

Since Negativland deals almost exclusively with "found sound" samples -- recombinated in highly intriguing ways, I might add -- to make their soundscape collage art, this issue was no small matter to them.

Negativland threatened to sue the RIAA on First Amendment grounds, arguing that such a threat was an unconstitutional prior restraint of speech. It is the courts who should decide if copyrights have been violated, they insist.

After much public outcry, a slew of e-mails by Negativland fans to the RIAA, and several high profile news stories in places like the New York Times, and Washington Post, as well as the threat of a lawsuit, the RIAA backed off its guidelines, begrudgingly admitting that some uses of "uncleared" samples are legal under the Fair Use provisions of US copyright law, just as Negativland contended. The RIAA has since revised its guidelines for CD pressing plants, but the last has not been heard on this issue. For more on the situation, visit Negativland on the www at .

One move the RIAA could make that would remove the stigma of hypocrisy from over their heads is to stop claiming they represent the interests of artists when clearly they represent the big corporations in the music industry. Maybe their overzealous anti-piracy division should just be called Lawyers for Industrially Associated Recordings (LIAR). But then maybe War Is Peace, Ignorance Is Strength, and companies like Microsoft and BGP/SFX really do welcome and encourage competition.

IN OTHER NEWS:

IS SCI ENTERTAINING LABEL IDEA?

STRING CHEESE INCIDENT, or SCI, is certainly a band of independent artists, and the good folks over at RumorMill say that SCI plans on staying independent. SCI already has formed its own concert ticketing and merchandise departments, as well as handling its own record distribution through its SCI-Fidelity branch. According to some who seem to be "in the know," SCI is looking to grow with an independent record label of its own, much as Ani DiFranco has done with Righteous Babe Records. If that happens, the band would look to sign other artists to its label roster, as well, it is said.

I'm not a gambling man, but if I was I'd bet that KELLER WILLIAMS was among the first artists String Cheese Incident tried to sign, *if* the label rumors are true.

Keller Williams is a one man band who manages to get bass lines, rhythm and melody out of his modified twelve string guitars simultaneously. He sings great in a nice smooth tenor, writes fine songs (especially about being on the road). *Plus*, he can emulate a trumpet, flugelhorn and/or trombone with his mouth. You can find Keller Williams on the road with String Cheese Incident often enough, opening their shows and playing between sets, as well as sitting in the group.

Regardless of what the future holds, Williams' latest album is called "Spun" (1998: Basil Leaf Music) and I recommend it to you highly. Call the good folks at the Homegrown Music Network for a copy if you're interested.

LoS: "TAPER'S REEL" CANNED; MULTITRACKS ROLLING

LEFTOVER SALMON (LoS), put a call out to its fans last year that they wanted to release a live album culled from the best of LoS concert tapes that its fans had collected. The idea seemed like a great one to me; The Grateful Dead series of Dick's Picks concert tapes are some of my favorite live recordings, and they are culled from two-track concert tape masters that just get a digital mastering and cleaning before they are pressed and released. The album LoS had planned was to be called "Taper's Reel: Live, Vol. 1" and was originally scheduled for release last Spring. Fans responded enthusiastically, offering digital soundboard and audience recordings for consideration.

Many months dragged on with no news on the record. Finally, early this Fall, LoS frontman Vince Herman said that the project had been canned because the tapes they collected were not of suitable sound quality for a commercial release.

Leftover Salmon's is first and foremost a live concert band, so a live record is still a good idea. The band rolled digital multi- track tapes throughout their early Fall tour and hopes to release a live disc culled from that source as soon as possible.

Leftover Salmon is also no slouch in the studio, as 1997's "Euphoria" proves. LoS will go back into the studio in January and February of 1999 to lay down tracks for another studio album. Before that can happen though, LoS will roll through the West Coast on a late Fall tour, including a stop at San Francisco's Fillmore Auditorium on November 28, 1998, and will spend New Years Eve 1998/99 in Chicago with their friends from Blues Traveler.

_______________________flowerpunkprods_____________________

For more of the Flower Punk's musings on music, log onto PauseRecord.Com by clicking right here <pauserecord.com>.

Home | Editors | Features | Columns | Photos | Regional | New Groove
Road Trip | Tour Journal | Venue | Levels | Ghosts | Homegrown | Inaudible | CDs | Charts

JamBands.Com is published on the 15th of every month. Submissions are due ten days earlier on the fifth of each month. Please contact the specific editor for the section you are interested in contributing to. For general content comments, please e-mail jambands@jambands.com. For all technical web site related issues, please contact Andy Gadiel