Wednesday, May 4, 2011

MUSIC COPYRIGHT LICENSING: ART OVER COMMERCE, OR A LITTLE BIT OF BOTH?

Recent media reports indicate that David Byrne [of Talking Heads fame] sued former Florida governor Charlie Crist for $1 million on the basis that Crist did not seek permission to use Byrne’s “Road To Nowhere” in his US Senate campaign against Marco Rubio.

The matter appears to have now amicably reached closure, however it warrants discussion as to how Byrne may have reacted to a formal request to license the song in question:

1. If formally approached, would David Byrne have agreed to license “Road To Nowhere” for Charlie Crist’s political campaign?
2. If the answer was “Yes”, what would Byrne have sought in dollar terms for his license fee?
3. If the answer was “No’, what was Byrne’s rationale for the license rejection?

I have always viewed the art of writing songs in the same perspective as that of an inventor of a new machine, patent et al. It only makes sense that if you invent “something”, and it is party to public consumption, then you are entitled to seek some form of compensation for the ongoing use of your invention.

Let’s analyse David Byrne’s song writing career for one moment. “Road To Nowhere” was one of a handful of “commercial” songs released by Talking Heads in the mid-1980’s. Byrne’s solo career is a tad more esoteric these days, thus one would assume that his song writing royalties from Talking Heads’ halcyon days would represent the bulk of his present annual royalty statements. From a financial perspective, one would assume that it is in Byrne’s best interests to exploit his Talking Heads back catalogue.

Asides from having a staunch objection to Charlie Crist’s government policies, is there any meaningful rationale as to why Byrne would have rejected a license? “Road To Nowhere” has been public property since 1985. The song has a different meaning to each and every listener [and most likely a different meaning to the writer’s inspiration for the song], however this is what writing, recording & releasing songs to the general public is all about. Whilst legal ownership of the song remains with its creator [or to be legally precise, the song’s publisher], the song in itself lends itself to the public the moment that it is released. In general, the positive aspects of this point are multiple, including financial rewards and critical adulation!!

In an ironic sense, Crist’s illegal use of “Road To Nowhere” [and the subsequent media coverage of the incident] has most likely worked to Byrne’s favour. It is unknown as to whether Crist paid Byrne a financial settlement for closure of the matter, however publicity of this event shall generate a spike in mp3 and CD sales of “Road To Nowhere” and Talking Heads CDs in general.

If Crist had legally paid “market rates” for the song license, would the flow-on effect of song writer royalties to Byrne have been as large as they will be on the back of the subsequent media coverage? I guess not!!

Saturday, April 2, 2011

DIGITAL RADIO – MANY STATIONS, FEW OPPORTUNITIES

Digital radio is a relatively new phenomenon within Australia, and after much prompting from television and newspaper advertising, I have plucked up the courage to experience this promising new aural media. Before we get too far into this article, it would be best to outline my “grand vision” of digital radio. It remains clear to my mind as to when FM radio was introduced to Australia in 1980. The listening public were promised a greater clarity of sound, multiple new radio stations and open-ended opportunities for new artists to discovered by a large audience. To be fair, FM radio delivered on all fronts. No longer were radio stations restricted in playing “just the hits”; we heard album cuts from our favourite artists. Sometimes, album cuts were played from unknown artists, who in turn became our favourite artists. The reaction to FM radio was healthy; it created jobs and kept the music industry alive and evolving. During the 1990’s and new millennium, our familiar radio stations were changed forever by the advent of the Internet. Radio stations were transformed from a source of creativity and opportunity into profit machines. Corporate ownership of radio stations made the medium a lucrative vehicle, however play lists were essentially set to “auto pilot” [i.e. classic hits] in order to keep the general public tuned in. Even those non-corporate owned radio stations [we call them community radio stations in Australia] couldn’t resist temptation. A quick scan of a community radio station play list will resemble something akin to your vanilla corporate owned radio station; maybe 1-2 hours a day of programs devoted to new and/ or unsigned artists. The balance of the daily play list revolves around “classic hits” and corporate overseas news programs. With analogue radio in Australia, New Zealand & Asia being so bland [I am certain that it is the same in the USA & Europe], I have viewed digital radio as being the last vestige in discovering new artistic talent. I have been sadly misled… I don’t want multiple digital radio stations featuring “just the hits”; I can hear this format on analogue radio. I don’t want to listen to digital channels featuring live concert performances from “classic artists”; again, I can hear this on analogue radio. I want to be able to listen to new digital radio stations devoted to unsigned and/ or undiscovered artistic talent, covering the entire spectrum of musical genres. Digital radio could realistically be the saviour of the music industry. In Australia, the live music venue scene is dying and record labels are consolidating with one another in order to remain solvent. There simply doesn’t seem to be any other form of medium available to enable undiscovered artists to make the break to general public awareness. Has digital radio saved the music industry in other territories? I’m keen to read your opinions!!

Friday, March 25, 2011

THREE LONELY CASSETTE TAPES…

The Sydney Morning Herald recently featured an article which detailed published data of music sales in Australia for the 2010 year.

In the past couple of years, there has been plenty of commentary [both written & verbal] about the steady decline in sales of recorded media in all major territories, thus I am not attempting to break new ground in the context of what follows beneath.

The most intriguing element of the music sales data relates to the fact that the Australian Record Industry Association has confirmed that only three [3] long playing recordings were sold on cassette tape in 2010.

When put into context [23.5 million CD sales, 3.3 million digital download sales, 40,000 vinyl sales], this is an amazing statistic.

Although it is nigh impossible to identify the actual cassette tape buyers, it is widely believed that the sales occurred at truck stops in outback Australia. Most trucks in Australia were assembled in an age when cassette tape players were “part of the furniture”, thus there is at least one truck driver in Australia who spends his or her long hours on the road enjoying music on the cassette medium.

So what does this mean in the context of the music industry, as we have historically known it?

Cassette tape manufacturers effectively cease to exist. For all we know, those 3 lonely cassette tapes may have been manufactured many years ago. In all likelihood, the cassette tapes were sitting in a “bargain bin” alongside the service counter, gathering dust and screaming out to be purchased.

What other aspects of the “old” music industry cease to exist?

1. Staff songwriters and producers of “album tracks” or “B-sides”. Historically speaking, a songwriter or a producer who landed their work on a long-playing recording or “B-side” of a single could earn a lucrative [and recurring] royalty if that long-playing recording or single was a big seller. Freddie Mercury was long incensed by the fact that Queen drummer Roger Taylor earned the same royalty on single sales of “Bohemian Rhapsody”, due to the fact that Taylor wrote the “B-side” of the single. Will the coming generations remember Taylor’s “I’m In Love With My Car”, or the timeless “Bohemian Rhapsody”? The answer is “Bohemian Rhapsody”, as the song shall continue to sell as a single mp3 download.

2. Designers of artwork cover for recorded media. Yes, there are sufficient sales of CD media to warrant the demand for specialist artwork, however this is a steadily dying trend. Historically, an album jacket “defined” the recording. What would Fleetwood Mac’s “Rumours” be without the seminal black & white photo of Stevie Nicks and Mick Fleetwood? What would Nirvana’s “Nevermind” be without the underwater baby chasing the American currency? An mp3 download provides aural stimulation only…

Saturday, February 12, 2011

WHAT MAKES A LOVE SONG “MORE ROMANTIC” THAN THE NEXT LOVE SONG?

Radiohead’s Thom Yorke once famously stated that Carly Simon’s “Nobody Does It Better” is the “sexiest song of all time”. I’m not going to argue against this point. I was 5 years old when the song was released, and I distinctly recall that there was something “different” about the emotions conjured up by this tune as it played through the opening credits of “The Spy Who Loved Me”. You can call me an emotionally-advanced 5 year old if you wish, however what is it that makes “Nobody Does It Better” more romantic than the millions of other love songs released since time began?

Is it the song title itself? No comment required; the title can reflect what the listener of the song desires it to mean.

Is it Carly Simon’s vocal delivery? Her phrasing is so tender during the introduction, so praising during the verses, and so euphoric during the outro.

Is it the arrangement and production? Marvin Hamlisch’s seminal piano introduction sets the tone for the recording; followed by a great combination of rock guitar and strings that keeps the verses contemporary. The song continues to build right through to the outro, when the strings and trumpets really hit home that Simon is praising her lover, above all others.

I have played the song to myself on piano and guitar countless times over the years, and even in the simplest context of raw acoustic instruments and vocals, the song is a classic. However, when you bring together Simon’s vocal delivery and the superb arrangement and production skills of the recorded version, one can sense immediately that it is these ingredients that help take the song to a higher plane.

Are there any other love songs in the history of recorded music to challenge “Nobody Does It Better” as the most romantic of all time?

Each to their own in answering this question; I’ll list a handful that “hit the spot” for me:

Woman” – John Lennon. A beautifully recorded song; the lyrics take on a heightened level of meaning in light of Lennon’s murder so soon after the song’s release.

Time In A Bottle” – Jim Croce. The chorus lyrics say it all; “there’s not enough time to say/ the things that I want to say to you”. Croce’s unexpected death brought a renewed focus on the song’s lyrics, a la “Woman” [see above].

Sentimental Lady” – Bob Welsh. The song was originally recorded by Fleetwood Mac [Welsh was a band member briefly in the 1970’s], however this subsequent solo release is the definitive version. Welsh’s longing for his wife whilst he was travelling the world on tour is captured so touchingly in the written lyrics [and his vocal delivery]. The recording builds to a crescendo, and upon reaching the chorus Welsh expresses his feelings so well. A “lost classic”; “Sentimental Lady” seems to have been forgotten about over the years. Check it out, and rediscover a truly great love song.

The Look Of Love” – Dusty Springfield. I make no secret of the fact that I am a huge fan of Bacharach & David’s compositions, and this theme from “Casino Royale” is one of their best recordings. Springfield’s smoky vocal delivery is absolutely spot-on; the arrangement and production of the song [wonderful use of the saxophone] makes this one of the best “romantic” songs ever.

I could write on for ever and ever, thus I’ll list a few more songs [without detail]:

How Deep Is Your Love” – The Bee Gees.

My Love” – Paul McCartney & Wings.

The Way That I Want To Touch You” – The Captain & Tenille.

Love Me” – Yvonne Elliman.

Never Never Gonna Give You Up” – Barry White.


The forum is now open, let’s hear your choices for the “most romantic” love songs of all time!!

Sunday, January 2, 2011

The Vows of Music: Art Presiding Over Relationships

In almost every work place in the world, the prospect of a husband and wife [or to be politically correct, long-term partners] working together conjures up all sorts of dilemmas:



How can we live AND work together?



How can we be together 24 HOURS A DAY/ 7 DAYS A WEEK?



As we all know, artists and musicians operate to the beat of a different drum when compared to the rest of us mere mortals. Let's delve through the recent decades of popular music to identify some successful Pop and Rock bands containing committed life partners, who:



a) saw the break down of at least one personal relationship during the band's tenure; and

b) continued to work as a band, despite the failure of the relationship



FLEETWOOD MAC - it is almost unimaginable to contemplate the personal conflict facing Fleetwood Mac in 1976. John & Christine McVie's marriage had failed, whilst Lindsay Buckingham and Stevie Nick's long-term relationship also concluded. Despite each individual barely having the pride to acknowledge one another in the recording studio, the band soldiered on the release "Rumours", a commercial phenomenon and one of the most important albums in the history of modern music. The core component of Fleetwood Mac continues to tour the world today; whilst there have been many years of fighting and tears between band members, this group is the most widely known example of art presiding over relationships.


ABBA – at face value, this Swedish pop supergroup of the 1970’s and early 1980’s had it all. Consisting of 2 photogenic couples [Bjorn Ulvaeus/ Agnetha Faltskog and Benny Andersson/ Frida Lyngstad] and superb song writing skills, Abba literally introduced Sweden to the mainstream music market. Sales of their singles and albums were so strong that Abba were actually their nation’s 2nd largest world export [behind Volvo] in the 1970’s. Abba was the daily focus of Bjorn and Benny, whilst Agnetha and Frida struggled to cope with the pressure of the media spotlight plus maintaining a “normal” family life. In time, both marriages failed [with Bjorn and Benny promptly re-marrying new partners], however in a macabre sense this brought out the best in Abba. Whilst it is widely acknowledged that their pop songs are timeless [“Dancing Queen”; “Mama Mia”], “The Winner Takes It All” [written about the failure of Bjorn and Agnetha’s marriage] may just be the most moving break-up song of all time. The group remain on civil terms and they have not performed together since the early 1980’s, wisely preserving their special place in pop music history.

THE MAMAS AND THE PAPAS – depending upon which version of events that you deem to be the truth, John Phillips and Michelle Phillips’ marriage may have been over prior to this folk-pop group becoming an international success in 1966. The combination of John Phillips’ timeless pop classics [“California Dreaming”; “Monday Monday”; “I Saw Her Again”] and the band’s unique visual appeal and personalities saw huge success come very quickly; too quickly to handle. The Phillips' "open" marriage was kept a secret from their adoring fans. Even the birth of their daughter Chynna [a future pop star in all-girl group Wilson Phillips] couldn’t save their matrimonial and musical union. By 1968, The Mamas and The Papas were no more. The group’s flame flickered for only 2 years, however their songs stand the test of time 45 years on.

EURYTHMICS – whilst David Stewart and Annie Lennox were never formally married, they were a committed couple in their erstwhile band [The Tourists – 1977 to 1980] and during the early years of Eurythmics [1981-1982]. Their personal relationship ended at this time, however the critical acclaim generated via their 1st album “In The Garden” provided sufficient motivation to continue with their artistic union. The rest is history, as Eurythmics was one of the most successful male/ female pop duos for the balance of the 1980’s. Visually interesting [both Stewart and Lennox changed their image for each album release] and musically adroit, Eurythmics conquered the international pop charts with “Sweet Dreams”; “Here Comes The Rain Again”; “Would I Lie To You”; “Sisters Are Doing It For Themselves” and “Thorn In My Side”. Committed to their craft, there was little hint of any personal chemistry between Stewart & Lennox [watch their music videos again and judge for yourself!].

It has been said that the best lyrical ideas are borne out of extremes in emotions: happiness and sadness. If you are artistically inclined and your personal relationship fails, history would suggest that you are about to write a hit song…

Monday, November 1, 2010

The Best Australian Albums

Respected music industry figures John O'Donnell, Toby Creswell & Craig Mathieson have just released the highly anticipated book "The 100 Best Australian Albums", with Midnight Oil's 1987 classic "Diesel and Dust" considered to be the nation's finest musical work.



Everybody has a different opinion about the "best" albums; how do you define "best"? Is it based upon commercial success, song writing craft, or critical acclaim? There is no definitive answer to this question; here is my take on the Australia's 10 best albums [in no particular order]:



"Boys Light Up" [1980] - Australian Crawl. This debut album was commercially successful, yet vastly ignored from a song writer's perspective. The group was written off by the critics for being "pretty boys", however the unique writing talents of the individual band members are obvious on this release. "Downhearted" still sounds fresh on the radio 30 years on. James Reyne remains a hugely under-rated song writer; his ironic lyrical sense places him alongside the talent of Randy Newman [in my opinion!!].



"...ish" [1988] - 1927. Produced by Charles Fisher, this No. 1 album saw Garry Frost's song writing talents get a 2nd chance after his former band, Moving Pictures, couldn't capitalise on their initial success. "That's When I Think Of You" and "If I Could" represent perfect song writing craft.



"Diamantina Cocktail" [1977] - Little River Band. A sleeper nomination for the most important Australian rock band in history; LRB made it possible for local acts to achieve international mainstream success. The "classic" band line-up for this album features 3 talented song writers [Beeb Birtles, Glenn Shorrock, Graeham Goeble], superb vocal harmonies and seasoned musicianship. With stand out tracks like "Help Is On Its Way" and "Home On Monday " , the world soon appreciated the band's enormous talent.



"Savage Garden" [1997] - Savage Garden. Certainly not everybody's cup of tea, however this debut album was a massive international success. A combination of well-crafted pop songs and Charles Fisher's production skills saw "To The Moon And Back" and "Truly Madly Deeply" gain a worldwide audience. Their songs remain on heavy rotation on commercial radio to this day.



"Living In The '70's" [1974] - Skyhooks. Whilst being far too "Australian" to be successful n an international level, there will never be another band like Skyhooks. It's important to remember that this was Australia's highest selling album for many years. When Gough Whitlam [Australian Prime Minister 1972-1975] quoted "Ego Is Not A Dirty Word" in a press conference, we witnessed pop music and politics comine in a good-natured way for the 1st time. Skyhooks were personable, intelligent and naughty!!



"Spirit Of Place" [1983] - Goanna. The 1st Australian album to truly acknowledge the nation's indigenous history. Shane Howard [lead singer and song writer] has never been comfortable in the public eye, hence Goanna could never leverage off their huge talent to capture an international audience. Midnight Oil wrote songs about similar topics as Goanna, however Peter Garrett is an engaging personality; that's why Midnight Oil experienced huge success in the USA. "Solid Rock" is a truly classic Australian song; "Razor's Edge" isn't far behind. Fortunately, Shane Howard's song writing talent has been appreciated post-Goanna, with his work covered by many Australian and international artists.


"East" [1980] - Cold Chisel. To put things simply, Australia's greatest rock band to never crack the international markets. The diversity of "Cheap Wine" [penned by Don Walker] and "Ita" [Ian Moss] displayed pure rock and pop from an Australian perspective. In time, Jimmy Barnes and Steve Prestwich would display their unique song writing talents as well. Chisel contained two great singers [Barnes and Moss], diversified song writers and they always delivered strong live performances. Just like Skyhooks, Cold Chisel may have been too "Australian" to catch the eye of music lovers abroad. This being said, there endearing popularity to this day confirms that great songs are appreciated by generations beyond their inception.


"Bellavista Terrace" [1998] - The Go-Betweens. Robert Forster and Grant McLennan were Australia's answer to Lennon and McCartney respectively; Lennon with his lyrical cynicism and McLennan with his melodic pop sensibility. Whilst this album is a "best of", it captures all aspects of the group's song writing strengths in one fell swoop. It is only now that The Go-Between's songs are acknowledged for their simple brillance; if they were photogenic, they would have been huge internationally!! "Cattle and Cane" and "The Wrong Road" are songs of classic structure, and "Streets Of Your Town" could not be any catchier.


"Crowded House" [1986] - Crowded House. Yes, Neil Finn is a Kiwi, however 2/3rds of this group were Australian; therefore this album qualifies in my books. Finn's song writing was never fully appreciated during the Split Enz era; this subsequent band took his craft to the world. We are all sick and tired of hearing "Don't Dream It's Over" and "Something So Strong", however these songs represent commercial 1980's pop at it's very best. Neil Finn was no one-trick pony; he continues to write simple, melodic songs in the traditional singer-song writer sense. And he is very good at doing so...


"Kick" [1987] - INXS. Love them or hate them, INXS were one of the most popular rock bands in the world in the late 1980's. Four US Top 10 singles from one album is an enormous feat, especially for an Australian group. "Need You Tonight" was ahead of its time. "New Sensation" was born to make people dance. Michael Hutchence was Australia's greatest rock star, and we should never forget INXS' level of international success.

Saturday, October 2, 2010

The Killers: "Hot Fuss" - wot fuss?

The recent release of Brandon Flowers' 1st solo offering has been the catalyst for my assessment of the catalogue of Las Vegas' most famous rock band of the new millennium, and to question as to where The Killers stand in music history.

2005's debut CD release of "Hot Fuss" featured the very radio-friendly "Somebody Told Me"; this CD was a multi-platinum commercial success. Via the media, we started to learn more & more about The Killers and their charismatic lead singer. Asides from The Osmond family, Flowers is the only musician who readily promotes his Mormon faith to the public, thus some sections of their audience started to question The Killers' "appropriateness" as a contender for the highest rock mantle.

I have previously read that Brandon Flowers was very disappointed with the public's reaction to 2006's CD release of "Sam's Town". In listening to this CD again in its entirety, my initial reaction is one of complete confusion.

Let's put things into perspective. A major record company would be pushing for "more of the same" if a rock band's 1st CD release is a commercial smash. Unfortunately, "Sam's Town" was essentially a concept CD focussing on Flowers' early years in Las Vegas. Call me a cynic, however concept CDs are a sure fire bet in alienating your listening audience. Any momentum that The Killers had in being the next U2 or Coldplay was lost at this point...

This being said, "Sam's Town" does have its moments. The Killers get it right with "Read My Mind"; an interesting intro and a well structured pop song. However, "When You Were Young" & "Bones" [the other singles from the CD] are essentially the same song with different lyrics.

Ignoring the 2007 B-side CD "Sawdust", 2008's "Day & Age" was the all important 3rd CD and an opportunity for the group to retain a critical mass following. If anything, The Killers' moved further away from a commercial audience, with "Human" being the only single of note to be released from a generally disappointing CD.

From that point, all of the usual rumours applied to The Killers. There were numerous stories in the media that the band's 2008/ 2009 world tour was "downsized" from stadiums to theatres, plus there was the constant speculation of friction amongst band members. A self-imposed hiatus was promptly followed by Flowers' solo debut, which hasn't been particularly well received by the media.

The Killers do have a realisic chance of being a very successful rock band, because they can write great commercial songs, plus Brandon Flowers is a very interesting personality. At this stage, they need to decide upon their musical genre direction and stick to this path. I can hear far too many blatant influences in their songs [Queen, new age Punk, David Bowie, Icehouse, Bruce Springsteen], thus they need to rediscover a level of musical focus and the world could be their oyster...