Re: ASCAP Assails Free-Culture, Digital-Rights Groups

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Joep L. Blom wrote:
david wrote:
Joep L. Blom wrote:
david wrote:
drew Roberts wrote:
On Thursday 01 July 2010 17:51:18 Joep L. Blom wrote:
drew Roberts wrote:
Someone else having some thoughts on jazz and copyright:

Are Bad Copyright Laws Killing Jazz And Harming Jazz Musicians?
http://www.techdirt.com/articles/20100615/0255059823.shtml

Joep
all the best,

And here I thought jazz was dying because most of it is boring and ingrown, and the vast majority of players have become indistinguishable from each other? ;-)

Note the winking smiley. I like traditional New Orleans jazz. I like some jazz performers, but think that most could be replaced with no one noticing.

David!
Don't tempt me. Either you have never heard a good jazz performance or you simply don't like it (that's possible).

I've heard good jazz performances. And as I mentioned above, I like some jazz performers.

But boring!! You know what is boring or, better monotonous and repetitive, the endless lookalike pulp which is called pop-music that's presented as the main music and nothing else exist thanks to the big companies and their slaves (i.e. the radio and television companies).

Or (to me) the endless soundalike lookalike stuff that passes for way too much jazz these days? Sorry, to my ears, the days of jazz performers that actually sound like themselves seems to have passed. Too many players now seem to be trying only to sound like someone else.
David,
I like your opinions (especially the last sentence of your mail!).
What you write is essentially that any musician must be sincere in his approach to the music he performs and must not try to mimic others.

Wouldnt' say "must", would prefer "should". There is a point to mimicking others: to learn techniques or different ways of thinking about your instrument. There's a long tradition in the art world of students learning painting techniques by copying the old masters.

(BTW, I find that very disappointing in any musician or artist, regardless of style of music or art. Be yourself, not someone else!)

Moreover, boring is a quality in the mind of the person and has nothing to do with the music (or literature, or dance to give other fields).

I would say that "boring" is something that is perceived by the mind of a person. It is, after all, just an opinion. I doubt that there's any "objective" measure that defines "boring".
Agreed. I wrote that also in another mail.

I might not have seen it. This thread has spawned some of the longest emails I've seen on the list! (And not all of it due to me!)

I have heard a lot of nonsense about jazz but not that performers could be exchanges without notice.
I didn't mean your remark as nonsense, I meant that I heard in general a lot of nonsense about jazz.

We've probably heard analogous nonsense about any genre of music, for generations. "It's all just noise!" "It's old-fashioned!" I understand that after J. S. Bach's death, his own sons turned their backs on his music, inventing their own (lesser) replacements for it, and that only a chance rediscovery made J.S. Bach the musical giant he is today.

I'm working on an improvised piece right now, for violin and a phase shifting synthesizer sound swirling around in the background. Nothing I would consider "classical" music - for example, no real structure to it beyond a repeated violin theme or two. I had it playing at my office one day, and my boss asked me to "turn down my classical music." ;-)

Not nonsense, just my opinion.

Yes, pop-singers OK, but that is a completely  different league.

Yes, singers are a special case compared to instrumentalists. No two human voices are alike to the degree that instruments are.
Well, you had me fooled. Pop-singers - in my opinion - are pressed into "voice-casts" to sound as much alike as possible, I agree when you talk about others (classical, Jazz even folk).

I think big-name pop-singers are often "voice-cast" like that. I don't think that's so true of all pop singers. For every big $$$ Britney or Madonna or Lady Gaga, there are hundreds or thousands of pop singers world wide who are often much better singers than the big names, and still have their own voices. That's part of the fun of the Internet!

And, sometimes, when a big-name pop singer matures and feels secure in themselves and their career achievements, they start breaking out of the voice-cast mold. Can't think of any particular one at the moment, although my wife tells me that Celine Dion in concert is not nearly as stuck in a "big-name pop singer" mode as she is in her popular recordings. And Linda Ronstadt recorded and released a number of CDs of Spanish-language music. (Interesting thing about Linda Ronstadt: she vocally "tried on" a number of voice styles and even recorded albums in them before finding her own voice.)

I think it's much harder to make one human voice sound like another voice than it is to make one standard violin sound like another standard violin. (Excepting maybe gaps like a bluegrass fiddle and a Stradivarius!) But that could be because I'm not much of a singer.

Again (particularly about pop singers), while I may think well of a singer who can successfully sound like someone else, I'm still disappointed that they don't put the same effort into sounding like themselves.

There's a Christian band I know of called Apologetx. They are skilled enough to sound note-for-note like practically any other band in existence, and specialize in redoing other band's secular songs with Christian lyrics. They play skillfully, but someday I'd actually like them to write and play their own music instead! I'd like to know what their own sound is!
That depends. Some bands like to sound exactly as others. You have in America a competition for Glenn Miller Bands who try to sound like the old Glenn Miller orchestra from the forties, using the original arrangements. We sometimes also play these arrangements ('In the Mood' is on of the most famous pieces) but your remark is right. They should let you hear " the way they really play".

I didn't know about the Glenn Miller band competition, but there are plenty of "tribute" bands making a living sounding as much like someone else as they can get. Some of them (in honesty) may even be doing it better than the original!

The beauty of jazz is that you can play the same tunes every night but each time it is completely different

Really? Hmm, haven't noticed that. (Well, I've heard a number of jazz performances where NO ONE was playing the "tune", if there actually was one.)

(And it has nothing to do with presence or absence of improvisation. During my own piano studies, I studied improvisation, enjoy it and value it highly. So you'd think I'd like the improvisational aspect of jazz, yes?
I'm curious to know where you studied the piano as in classical education improvising is currently strictly forbidden (in contrast to the practice 150 years ago). Did you followed lessons in jazz piano?

No. Private classical lessons beginning at age three. My instructor was very big on the fact that musicians during the Baroque era were REQUIRED to be able to improvise on the spot. Someone (perhaps the wealthy patron at whose gathering you were playing) in the audience would stand up and sing (or whistle) a melody that you might not have ever heard before, and you were expected to improvise 2, 3 or 4 part contrapuntal music from it, or dance music, etc. Or someone might come up to play on recorder or some other instrument, and you were expected to improvise accompaniment. (Remember, the baroque "Continuo" really means, "Here's a bass line, a suggestion of chords, maybe a cadenza or two. Make the rest up as you go along!")

I got to the point where I could improvise a decent 2- or 3-part invention, or a basic 3-voice fugue.

From there I added ragtime, rock, blues, synthesizer stuff, etc. And additional instruments. All very much improvisational. (Sometimes I'm too improvisational for my own good. Up until a few months ago I was working with a rock guitarist. I was fine just making things up as we went along. It drove him CRAZY! He wanted every note planned out, and only played something if he'd practiced it repeatedly for days. That drove ME crazy!)

I still find improvisation my favorite way of "writing" music. (Although taking a sheet of staff paper and writing music by how it looks on the page is fun, too. I'm also a visual artist, although no formal training beyond high school.)

I think the present classical world's mindset has its good points, too. Learning to perform classical "standards" like a Bach fugue, a Beethoven sonata, or whatever particular pieces are considered "standards" for your instrument enhances your technique, gets you thinking about how others have performed the same piece, and (I think) makes you listen more intently when you hear that same piece performed by others. A great standard piece will also push you beyond the limits of your own music making. Many composers were also incredibly-gifted performers and wrote music that demanded every bit of skill they had.

Don't forget the influence of academia on how classical music is handled today. Academics teach students, so there's a propensity to teach the "right" way to play a piece, students are supposed to learn the "right" way to do things. There's also a propensity to highly value whatever you're an expert at - it helps make you feel good about yourself.

But you probably know all that, anyway.

and playing the same tune with different personnel makes a great difference. Last Friday and Saturday I played with my Big band but we had some difference in personnel. Although we played the same tunes the sound was completely different.

If you say so.

The only problem with jazz is that it is no easy music (just as classical music, especially from the 20th century).

Some of which I do enjoy.
Yes, I do too.

You have to be prepared to follow the sometimes very convoluted harmonic and melodic ways that are played (listen e.g. to John Coltrane and the great difference with Coleman Hawkins, or Errol Garner and Art Tatum).

Those are past-days jazz greats, not their modern descendants. I like Coltrane and Tatum, don't know the other two.
I'm amazed you haven't heard from Coleman Hawkins. He was on of the giant saxophone-players and played with many bands from the 50ies and later. The same goes for Erroll Garner, a pianist from the 50ies with his own very distinctive style (you can look him up on Youtube).

I'll have to go do that. I really like listening to great individual musicians doing great performances. (Probably why I like classical organ music - one performer making such awesome, complex, enormous and beautiful sound!)

I could go on but I stop.

I think that any kind of music that has wrapped itself up so much in its own internals and demands that others change to accommodate it is just a self-absorbed niche. That's OK if that's what one is interested in. But if one is trying to make money from music, I think one is intentionally limiting one's financial success, and really has no right to complain that people aren't buying enough music to support one in the way one would like to be accustomed to.

IOW, if you want money for your music, offer music that people with money are willing to give you money for. Don't complain that they're "ignorant" or "don't know better" or that the music they like and PAY FOR is "boring" (it isn't to them) or they're being held prisoner by big-media music distributors.
About this, although I'm retired I still get paid for performing, moreover, I will not play if no financial reward (the amount is irrelevant) is given as, simply stated, if people don't want to pay they don't appreciate your music (exceptions are of course beneficial and promotional performances).

I haven't played for pay for decades. I spent two years supporting myself as a musician in the northern California rock scene before deciding that I just didn't want to sacrifice everything else in my life to really make it. We made enough to get by, got lots of free beer, performed a couple of times at the California State Fair, had some good experiences. The lead guitarist had classical music training, too, so we had fun playing our "classical improvisation" where we'd just improvise classical music for 20 minutes or so. He was a decent guitarist once you got him away from the high-pitched screaming notes he loved on the rock side. We also did a couple of country songs, several Alice Cooper covers (one of our drummers sang exactly like Alice Cooper), the other organist sang and played like Lee Michaels, parody songs, and a number of our own songs.

Had some bad experiences, too. Our pay for our last gig disappeared sometime between the time we crashed and the next practice (we skipped a few days, too exhausted to resume!). The first practice after that, our lead guitarist showed up with a shiny new gold Les Paul Custom Deluxe guitar that suspiciously cost just about as much as we'd been paid for our last gig. Yet he insisted he had no idea what happened to the gig money. It went downhill from there!

I'm also not a fan of visual arts (painting, sculpture, etc) that require you to read a multipage statement about the item to get any communication from it. What my artist daughter calls "spot on the wall" art, some of which is by famous artists, hangs on walls in world-famous museums, and (in America, typically) is USUALLY supported by Arts Grants or one sort or another. (Music of any sort doesn't suffer from that problem, perhaps because sound has inherently more power and effect than a brush stroke on canvas. Assuming one isn't deaf, of course.)

I like visual art, too, but find Andy Warhol's art boring. At Pompidou Center in Paris one year, I saw a Japanese painter who "painted" by slashing his bare feet with razor blades, then hanging in a bosen's chair over the canvas spread on the floor and painting on the canvas with with his own blood. Found that more a sign of mental illness than art. (Must be something wrong with me, I'm sure, couldn't possibly be anything wrong with the artists.)
I agree completely with that. What is called "The main stream" is a cunning system of greedy people selling air to people with way to much money and no erudition or taste whatsoever.

Or are driven by the need to be "just like everyone else", to be "cool". To conform. Or to have their insecurity about taste in music or anything else helped by the reassurance that "It must be good, everyone else likes it."

I think this really hits in the teen years, when you're no longer a little kid, but you're not an adult, and you're definitely not your parents. Your body is going crazy and the person you thought you were before the hormone changes started is getting upended, rocked and changing into someone you've never met before, something unknown because the change is ongoing. For many people, I think that's terrifying! So teens take refuge in the herd - "cool" people dress this way, like this kind of music/movie/food, do this or that cool thing, hang out with this, that or the other "cool" person. "Popular" music (defined as the music teens in "my" herd listen to) then becomes a defense, a reassurance and comfort.

Maybe some people just never get past that stage?

The tragic reality with that is that many really talented painters are in the same position as many musicians. We buy more or less regularly paintings from talented artists in Europe (mainly the Netherlands) not needing the "explanation" thought of by a skilled "art-specialist" who tries to speak and write with sentences using many neologisms with the intention to let you feel a stupid ignoramus when you don't understand the art he wants to sell.

Snobbery in action. I think Europe has an advantage over America when it comes to art. There's a lot more interest in and support for art all over Europe than there is here. I think part of it is that in America a number of art forms now appear to be supported solely via government or other grants doled out by small groups of people who quite gave up caring what anyone else thinks. They've become their own little "cool in-groups." (See comments above about teen herds?)

I used to write and sell poetry. Didn't make a living at it, it was just part of the creative writing business back then. At the time, poets in America made a living in only a few ways: wrote greeting card verse!, or were university professors. (I think one woman poet made a good living writing small books of maudlin verse that were sold on rotating racks near the greeting cards.) One of my poetry instructors (and my undergraduate advisor) has had several poetry collections published. I have one of them. None of the poems strike a chord with ordinary people. He's probably not sold enough copies to recoup the publishing cost!

I hope I made your error in judgement clear.

I've been through it with jazz folk before - been insulted, called names, etc. Been told by some jazz players that the ONLY REAL MUSIC IS JAZZ (usually their particular idea of what JAZZ is, played the way they do it), that if you're not playing jazz, YOU'RE NOT A MUSICIAN!
Agreed. Jazz musicians are only people and narrow-mindedness is as common as in other groups. The "you're not a musician" is one of the most stupid remarks I know to say to a listener of course!

I don't recall ever using "you're not a musician" that way. I know I've used it during my rock band days in answer to people who couldn't understand why we'd would practice all day, go play a gig, grab some breakfast afterwards at 4:00 AM, then crash for a couple of hours before beginning it all over again. "You're not a musician" wasn't implying they were stupid or anything!

Perhaps it implied that being a musician was stupid? Often these were people who had nice 9-to-5 M-F jobs and steady paychecks. If they didn't think we were stupid, they probably thought we were crazy!

Oh, I also use the "not a musician" a different way. I'm currently playing in a church band. Two other musicians in the band have serious or professional experience. The other musicians are decent amateurs, but they can get upset when they make a mistake. I just remind them that the people in the congregation aren't musicians. They probably have no idea that a mistake happened! For a lot of people, the fact that the band all started together and ended together is the only thing they're aware of. ;-)

 Heard that most recently three years ago, from a man, BTW, who is a very
skilled, well-trained, experienced and deeply-disturbed (in the clinical psychological sense) musician. Perhaps jazz is his way to deal with the severe childhood abuse he suffered that left him so disturbed?

Although he has so much rage inside that I could picture him as a first-generation punk rocker, before punk went commercial. ;-)

No "error" - just different opinion. I have all sorts of music in my personal collection, including jazz, lest you think I'm an "it's gotta be popular music" person. My parents have jazz records in their collection dating back a good long ways, like early Louie Armstrong recordings. Someday they'll probably end up in my collection.

(I will admit that I have ONE song each from Britney Spears and Madonna. My only complaint about Michael Jackson's death is that he didn't take them with him.)

What I wonder is how you think about classcial music where a performer plays exactly the music that's written. If I understand you correctly you think that not interesting (boring?) as the performer plays exactly what the composer wrote. (I myself like it very much, visiting regularly concerts, but will never perform in public although I play regularly for myself, from Bach to Milhaud with much of the french impressionists in between).

See comments a good ways above. Not boring! And I can tell the difference between Glenn Gould playing Bach, and myself playing the same piece!

Instead of "boring", I think people who do any one thing a lot (music, art, programming, target shooting, whatever) needs to watch out for the danger of becoming jaded. The "been there, done that, NEXT!" attitude that gives snap judgements and closes your perceptions. I've heard a lot of guitarists play classic Chuck Berry riffs, or the opening to Led Zeppelin's Stairway to Heaven. I still like hearing both!

(Although I remember one music shop in my home town that had a big sign stating that anyone who played "Stairway to Heaven" would be ejected from the store!)

Even somebody just learning one of those riffs. I've been a professor and a technology trainer. It's gratifying to hear someone trying to learn, to acquire new skill or develop their talent, and gratifying to help them along the way.

(Well, I haven't had to listen to anyone learning bagpipes for the first time! That might be more excruciating than gratifying!)

To come back to the original topic: that music is not copyrighted any more.

No, music is still copyrighted. It's just that the attitude towards copyright has gone retro.

"Retro?" If you look back through American history, you will find a widespread and complete disregard for copyright and patents held by people outside of America. (Much of American industrialization was built on illegal use of European patents, American publishers routinely issued their own editions of copyrighted European books without paying anything to the copyright holder.)

I recall seeing something in an article on copyrights / patents / intellectual property that developing countries - countries trying to grow their economies - always take a cavalier attitude toward copyright and patents. (China, for instance, is still in that stage, although they've grown way past the "developing economy" stage.) Once the country becomes "established," they're vehement that everyone respect copyright and patents. (Particularly if they themselves hold copyrights or patents that others might want to use.)

It almost makes me think that the real motivation for rigid copyright/patent laws is fear of competition. Perhaps part of the fear behind organizations like the MPAA is the knowledge that as computer technology grows, serious movie making will no longer be the exclusive domain of the movie industry. (Just like music making technology has come down from expensive banks of hardware to commodity PCs and free software. I remember a time when I really really really wanted a Fairlight sound sampling system. Now we can have "better than that" for the price of a decent sound card and microphone.)

This will open up the field of telling stories via movie to essentially anyone. For awhile, the big movie industry's experience at telling stories via movie will keep them going. But as others do it, the story telling skills will become commonplace. And someday technology will attain the goal that George Lucas sought after Star Wars made him a billionaire: the ability to make a movie *by himself*. And the tide of truly independent movie makers will rise, keep getting better and better, and eventually wash away Hollywood & Bollywood & the other centers of big corporate movie making.

Just think what the world would be like if someone back in the early days of movie making had patented the whole movie making process ("business process patents," anyone?), then used their resulting wealth to successfully keep extending patents the way Disney Corporation got copyright protection extended to prevent Mickie Mouse from entering the public domain). We'd have only Hollywood movies - and barrages of patent infringement suits keeping Japanese, Chinese, Indian and European movies out of the United States! There'd be a flourishing black market in "foreign" films, with "film runners" smuggling the latest Hong Kong martial arts movie across the borders into the grubby hands of organized crime who would shift it down to shady "film dealers" and "speakeasy movie theaters"!

All because of copyrights and patents. See - back on topic!

;-)

--
David
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authenticity, honesty, community
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