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Archive for the ‘RIAA’ Category

Updates To Icky Thump Gets Leaked + Video

Posted by Molli Fire on Thursday, 7June07

UPDATE: ICKY THUMP IS NOW STREAMING. Go to the June 12th Icky Thump news on HearingTest for more info.

So, I recently reported (very briefly) that Jack White was pissed to find out that Icky Thump was leaked on a Chicago radio station. Finally, I have a bit more to add to that story.

Watch the official Icky Thump video while you read:

To recap, DJ Electra of Q101 in Chicago received a digital file of the entire album that is set to be released on June 19th. She in turn played the entire album on the air with absolutely no permission from either the White Stripes nor WMG. When Jack got wind of the news within mere hours of the album airing, he took time out of his busy tour schedule and called the station from Spain. He verbally let the people have it over the phone, but the case seems to end there. As yet, no legal action has been taken against the station nor the dj. I will keep my eye out for updates however, because Warner Music Group does not take kindly to piracy and will usually release the dogs (i.e. the RIAA) when they get offended. Someone did record the entire album off the radio and it is available somewhere on the web right now. I’d post a link but it would be useless because it will be shut down by the time you read this and another one will spring up in its place. Check back here for updates on how the story progresses. You can always type White Stripes into the searchbox in the right sidebar, and it will take you directly to all the stories about the band that are published on HearingTest. (There is also a link at the end of this post to all other WS stories).

In the meantime, here are the best/most relevant links available about this story:

LINKS TO ICKY THUMP GETS LEAKED

HearingTest report – with links to Q101 DJ Electra’s blog
Mtv first report of the situation
Mtv analyzes the legal and professional situation
All White Stripes News On HearingTest

White Stripes Tour Dates

The White Stripes will be playing a special show at Madison Square Garden in NYC with Nick Cave’s Grinderman:
New York Madison Square Garden (July 24)

For the entire White Stripes tour, head over to the Tour Report on HearingTest
The Cold War Kids have been chosen as the supporting band for the entire tour (except the Anchorage AK show).

 

 


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Posted in dj, guitar, industry, music, new release, news, pop, radio, RIAA, rock, tour, video | Leave a Comment »

Big Brother Is Trying To Outlaw Fun, Dancing Is Revolutionary

Posted by Molli Fire on Wednesday, 2May07

While the RIAA and CRB are working diligently to eliminate public access to music and radio online, politicians and police are dredging up ways to prevent people from making music and dancing.

I’m about to show you the different ways that NYC groups are working to open the possibilities for live music and dance events in a city that is clamping down on music venues. Here you will find fun parties to go to, a review of the Mayday celebration, and the historical significance of how our access to social gatherings is being eroded.

The current prohibition atmosphere of certain major cities from SF to NYC, the actions of the RIAA and CRB towards university students and webcasters during the last few years, and the FCC’s increased licensing “laws” and gestapo raids on micro-powered radio broadcasters a few years before that, mirror the conflicted relationship between legislative bodies and community supported channels of entertainment in nearly every medium, in every modern nation. Today, the headlines are focused on the censorship of live music and the act of dancing to live music, but the struggle remains the same as the days of prohibition. Here is what made headlines today….

NYC Cabaret Laws Are Destroying The Music Scene

New York City has been severely deprived of live entertainment because of tight restrictions that make it difficult to obtain and maintain cabaret licenses. Similar in spirit to crackhouse laws in the Southern states and the Criminal Justice Act created by the UK Parliament in 1994 to prevent large music festivals and the public performance of music with a repeating sequence of beats.
Big Brother is trying to outlaw fun. And what’s worse, is that it’s being done with laws that are incredibly prejudiced – these laws were written and passed to prevent interracial socializing (cabaret laws), to profile music enthusiasts as drug users (crackhouse laws), and to limit the free assembly of low-income people (any law that forces you to get a permit to use public land). Basically, these laws are designed to keep the people complacent through homogenized outlets of safe entertainment, and restrict the channels that provide an opportunity for revolt. Even though most of these channels are not trying to revolt against anything, they are trying to provide opportunities to relax and have a good time. Different people prefer different forms of relaxation, but all should have equal access to methods that are widely enjoyed, no? Not all will feel relaxed at the opera, or a Gwen Stefani concert, but I think all people should be encouraged to enjoy the performance of music and dancing.

Greg Miller, the president and spokesperson of Dance Parade, told metro :

“Three years ago, there were 300 cabaret licenses,” Miller said. “Every three months the number drops by 15. It’s so hard not only to get a new cabaret license, but to get one renewed because of building codes.”
“there are 148 cabaret licenses and that includes adult entertainment, hotels and restaurants”

What happens when a vibrant city like NYC has trouble finding legal venues to socialize in? Music venues are dropping like flies in the Big Apple – just 2 weeks ago, the closing of the Tonic and subsequent arrests made headlines, while many readers may not have noticed the FOR SALE sign on the building that houses the Knitting Factory. The Knitting Factory is not in immediate danger of closing. Despite a sale of the building, the venue will continue to operate through their 2009 lease. After this date however: “there has been no decision as to the future of the venue.” In NYC, 5 venues a month lose their cabaret licenseWhat is there to do then, in the nightlife capital of the world?

Dancing In The Streets Of New York

What happens when there is no legal venue to party in? The party people take to the streets! The next opportunity to meet up with New York City’s finest revelers for a day of Dancing In The Streets will arrive on May 19th. That’s the day for the first annual Dance Parade with thousands of dancers – including YOU – and top djs Kool Herc, Danny Tenaglia, John Jellybean Benitez. There will also be performances from many dance groups representing different styles, from breakdancing to ballet, with whirling and wild styles. The Dance Parade is organized to raise awareness about the cabaret law as well as NYC’s dance history.

Dance Parade’s president Greg Miller is not new to events in public space. This past Saturday found him at the 9th Annual Blackkat Mayday party, which itself faced permit issues for the first time ever. Instead of the community gathering being held in Tompkins Square Park, the event site for the last 8 years, the organizers had to choose another location when unable to obtain permits required in a timely manner. Jason BK told the metro that the Blackkat artist collective had applied for the permits in January, and had not received permission by May 1st!

9th Annual NYC Blackkat Mayday Party

In the tradition of International Workers’ Day, the crew of artists and musicians known as Blackkat hosted their 9th annual Mayday Party in NYC this past Sunday. Blackkat has organized free and low-cost community events in NYC for over a decade, such as Party 4 Freedom and Justice in 2002, and the Biotour Benefit in 2005. The Indypendent newspaper reported from the 2007 Mayday party, quoting Jason BK, Amok, and Chrome, who supply and maintain the sound for these events- from the speakers to the noise :

“We live in a city where money and getting your name out there is more important than actual content that’s provided,” said Amok, a musician and two year Blackkat collective member. “This is what makes Blackkat so very different, it puts content first always … which is something that other crews unfortunately forget to do.”

In the past, Blackkat has joined forces with other groups including Dance Parade New York, the Madagascar Institute, The Danger, DanceSafe, Renegade Virus and Havoc Sound. Events have included a fundraiser for the 2005 Biotour benefit, numerous festivals and parties in various warehouses such as 3rd Ward and the now closed Lunatarium and 38Nine (in Queens).

“The main point is that it is vital that people come together in a creative community and we hope that these events can be part of that community,” said Chrome. BK added, “They have to be fun to be effective.”

Guest speakers this year included Norman Siegel, a civil rights attorney, and Missy Galore of the NYC Dance Parade. Information tables were hosted by DanceSafe, IndyMedia, Metro In Motion TriState Biodiesel and more. The sound stage was provided by MadAro, Anthony, and Disorient with maestro Daniel.

May Day 2007

Take Action!

resisting the NYC cabaret laws
Dance & get involved with the Dance Parade

Blackkat And Friends

Check out the official Blackkat website, where you can see more pix from the event, download super tight dj mixes by the Blackkat noise bringers, and choose your own adventure from there, it’s a mad mad jungle what this fella get up to when he gets together with some friends! It reminds me of a quote about Spiral Tribe, another music and art based soundsystem unorganization who were participated in events around the UK countryside from dusk til dawn til dusk and dawn again for days. The quote is from Spaces of Democracy :

“Spiral Tribe, with their free and inclusive parties, succeeded in constituting an alternative public space, rather than just a secret one. Though no one could say how many lives were touched in their three year tour of duty”.

Props to the Blackkat population for bringing it for more than 10 years! The roots run deep, the branches have touched many, many people.

The Rest Is History…

Blackkat, HavocSound, soFat! Sound, and Renegade Virus joined forces during 2001-2004, hauling speakers, generators, records or synths throughout NYC plus occasional road trips to other parts of the US and Canada. These soundsystem collaborations earned much respect and no money for providing nonstop music at the Annual Blackkat Mayday Party, Swamptek, Autonomous Mutant Festival, Monsters of Love 1-4, renegade outdoor free parties across the NYC/SF/US, and underground warehouse events in NYC and SF, all while supporting and spreading the DIY free party culture and direct action for sustainable technology. Since 2004, Blackkat and Jungle Terror Krew have continued the mischief with Renegade Virus and TBI25 in NYC … while 5lowershop, HavocSound, and soFat! have been raging in SF with S.P.A.Z. and Army of Love – constructing walls of sound and yards of power cable at AMF, Monsters of Love, Unchained Reaction, Fuck Parade, renegade outdoor, indoor, mobile, and underground free parties all over SF/NYC/USA. These non-profit crews have sustained where many other well-funded businesses have come and gone as a result of their experiments in alternative technologies. The consistent message of building a more concious culture is further demonstrated by the work these people have done in the science of sustainable living on this planet and grassroots outreach and education in the community. All the crews mentioned have been in involved with converting all their tour buses and generators to run on straight vegetable oil, teaching workshops in biofuel systems and sustainability skills, mobile microbroadcasting, and a weekly internet broadcast with FM radio rebroadcast in England and Europe.

BIG UPS TO THE NY MASSIVE!! MUCH LOVE TO THE 5LOWERSHOP EXTENDED NETWORK!!
Thank you for everything you have already done and much luck to all your future projects!

Spiral Tribe vs. the Public Order

Free parties became a big issue in the UK and Europe during the early 90’s when large gatherings of people would assemble with concert speakers and have a free dance party. To outlaw this type of noncommercial music festival (there were no camping fees, or tickets sold, you just had to be able to get there, and feed yourself for the duration), the Parliament of the UK created the Criminal Justice Act in 1994. Ironically, the main focus of this Act was to restrict and prohibit “anti-social” behaviors, including organizing and attending huge gatherings centered around a common interest in popular music. It even included a section based on the type of music considered anti-social – repetitive beats – and used a precise definition of how many bars of music had to pass without a beat looping and/or repeating! Spiral Tribe challenged the Act and held massive outdoor events with live performances of hypnotically repetitive beats. The UK punk band, Crass, contributed their social commentary with a furious double kick drum beat that repeated until you thought your heart might collapse. The wall of speakers that Spiral Tribe carried to these events was the length and height of 3-4 city bus coaches long and tall. When Crass played, the drums would be a barrage of punches shooting out of that wall. 13 members of Spiral Tribe were arrested immediately following the Castlemorton Common Festival in May 1992 for public order offenses. The techno-punk crew seemed to be having a blast doing as much damage to the legal system as possible. The courtroom became a circus. The defendants, and their supporters in the benches, wore Tshirts to their court appearances with the message “Breach The Peace” written in large letters. The message was seen in every photograph and television news coverage of the case. Especially handy if you released a record with the same name, which Spiral Tribe had. They released albums of fantastic techno, with deejays chatting over some tracks. Forward The Revolution blends the steady beat of Native American drumming with the excited heart beat of their drummachines and the Native Am. singing with Simone’s flawless humanoid rapping about the future of the free party system. She defiantly repeats, “You might stop the party, But you can’t stop the future.” At the end of the 4 month long case, it was calculated that this was the longest running and most expensive case in British legal history. Just to stop the music.

If you made it this far, thanks for reading. If you would like to do more in your community to add your strength to the resistance, either contact the people mentioned in this article, or start your own crew – the more the merrier, and the stronger we all are. Feel free to comment and discuss any point mentioned here in the comments section.

 

 

The rest is just a disclaimer about the copy and publishing rights pertaining to this article….
With the exception of quotes that are clearly labeled, i wrote every word of this, and if you copy it or reprint it in any way with giving credit, i will get very nasty. I only mention this because of the huge problem i am having with online content aggregators, and in no way in reference to grassroots education. If you would like to copy or print it and share it with others, please just give the proper credit. The creative commons license that protects this work is clearly stated and linked in the sidebar and in the page titled disclaimer.
Thanks!

 

 

 


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Posted in +Greatest Hits+, activism, bass, breakcore, CRB, dancehall, DIY, dj, dub, electronica, experimental, festivals, free, jungle, legal, music, music tech, news, noise, NYC, piracy, punk, radio, RIAA, SF, shows, social, street art, writ | 3 Comments »

New Bill In House Hopes To Save Internet Radio Broadcasting

Posted by Molli Fire on Friday, 27April07

Radio And Internet Newsletter aka RAIN reports today that a bill has been introduced into the house by Representative Jay Inslee (D-WA) that shows hope for indpendent internet radio broadcasting. It is titled The Internet Radio Equality Act and covers the following aspects :

The bill has five major provisions:

  1. Nullifies the recent decision of the CRB judges
  2. Changes the royalty rate-setting standard that applies to Internet radio royalty arbitrations in the future so that it is the same standard that applies to satellite radio royalty arbitrations — the 801(b)(1) standard that balances the needs of copyright owners, copyright users, and the public (rather than “willing buyer / willing seller”). (For more detail on this point, read the recent RAIN issue on “Copyright law,” here.)
  3. Instructs future CRBs that the minimum annual royalty per service may be set no higher than $500.
  4. Establishes a “transitional” royalty rate, until the 2011-15 CRB hearing is held, of either .33 cents per listener hour, or 7.5% of annual revenues, as selected by the provider for that year. Those rates would be applied retroactively to January 1, 2006. (The logic behind this rate, incidentally, is an attempt to match the royalty rate that satellite radio pays for this royalty — thus the name of the bill.)
  5. Expands the Copyright Act’s Section 118 musical work license for noncommercial webcasters to enable noncomms to also perform sound recordings over Internet radio at royalty rates designed for noncommercial entities, and sets an transition royalty at 150% of the royalty amount paid by each webcaster in 2004. (Note that this amount would be a set, flat fee through the end of the decade.)

For future CRBs (e.g., 2011-15), adds three new reports in the CRB process: The Assistant Secretary of Commerce for Communications and Information will submit a report to the CRB judges on the industry impact in terms of competitiveness of the judges’ proposed rates; at the same time, the FCC will submit a report to the CRB judges on the effects of the judges’ proposed rates on localism, diversity of programming, and competitive barriers to entry; and the Corporation for Public Broadcasting will submit a report to Congress and the CRB judges on the effect of the the judges’ proposed rates on their licencees.

RAIN’s webpage is much more informative, as it has links sprinkled throughout these provisions. RAIN also points out :

Now that the bill has been introduced, the SaveNetRadio.org “call to action” is specific and direct: The site is now asking listeners to call their Representative and ask him/her to “cosponsor the Internet Radio Equality Act, introduced by Representative Jay Inslee.” Once listeners click the “Call Your Representatives” button on the site and enter their zip code, they are given their Representative’s House office phone number and a list of “talking points” to emphasize.

Please click over to RAIN’s webpage for more information. They have a pdf version of the entire Act, as well as more coverage and suggestions for how you can participate.

One thing you can do is call your Representatives and urge them to co-sponsor the Internet Radio Equality Act. Hit Save Net Radio to get your Rep’s phone number.

International Listeners

If you reside outside the US (lucky you!) you can still help keep internet radio from being crushed by this BS. Join SaveNetRadio’s coalition! Click Coalition to find out how.

 

 

SaveNetRadio.org

MORE LINKS

http://www.savenetradio.org/index.html
http://www.kurthanson.com/

Posted in +Greatest Hits+, activism, CRB, DIY, dj, free, hacktivism, internet, legal, music, music tech, news, piracy, radio, RIAA, social, technology | Leave a Comment »

CRB Upholds High Fees For Internet Radio

Posted by Molli Fire on Monday, 16April07

The CRB decided earlier today to keep their decision pertaining to increased royalty rates for internet radio broadcasters. i have included the entire press release here in order to give you as much information as possible. the press release is from Sound Exchange and i found it on hypebot

FOR IMMEDIATE RELEASE:
APRIL 16, 2007

Judges Rule No Change In Music Royalty Rates

-Increased Fees From Internet Radio Upheld-

Washington, DC—The Copyright Royalty Board (CRB) today upheld its earlier decision on fair royalty rates to be paid to musical artists and record labels for the use of their work on Internet radio. The three judge panel denied motions by Internet radio operators for a rehearing of the Board’s March 1, 2007 decision setting performance royalty rates for Internet radio from 2006 to 2010.

The CRB wrote in its decision, “…none of the moving parties have made a sufficient showing of new evidence or clear error or manifest injustice that would warrant rehearing. To the contrary…most of the parties’ arguments in support of a rehearing or reconsideration merely restate arguments that were made or evidence that was presented during the proceeding.”

SoundExchange Executive Director John Simson declared that this is a victory for performing artists and record labels who work long and hard to produce music for all to enjoy. “Our artists and labels look forward to working with the Internet Radio industry — large and small, commercial and non-commercial — so that together we can ensure it succeeds as a place where great music is available to music lovers of all genres,”said Simson

“AFTRA recording artists applaud the Copyright Royalty Board for upholding their decision on internet radio,” said Kim Roberts Hedgpeth, National Executive Director of the American Federation of Television and Radio Artists (AFTRA). “They deserve to be paid fairly for the use of the creativity, talent, and hard work they put into making music. Internet radio is growing and successful because fans want to listen to the music created by artists. The CRB’s decision recognizes that, as these businesses grow, both featured and non-featured artists should be compensated at fair market rates for their contributions to the growth of these companies.”

The CRB also wrote, “…it appears that all evidence discussed in the motions had either been discovered during the proceeding or could have been discovered during the proceeding, with reasonable diligence.” Additionally, the CRB found: “In the absence of an adequate showing of new evidence, the parties’ arguments in their respective motions amount to nothing more than a rehash of the arguments that the Judges considered in the Initial Determination.”

Michael Huppe, General Counsel of SoundExchange, in noting that SoundExchange is now looking forward to the next steps in the wake of the CRB ruling, said, “We are gratified that the CRB has upheld its decision. With the resolution of these motions, it is now time to move forward with business. It’s in everyone’s best interest to ensure a vibrant and thriving marketplace for Internet Radio and we intend to work with webcasters towards achieving that goal.”

Additionally, the CRB denied the request of webcasters to stay implementation of the new royalty rates (2006-2010) until all legal appeals had been exhausted. In doing so, the CRB pointed to specific language established by Congress in the Copyright Act. The CRB wrote, “…Congress, not the Judges determined the effective dates for the royalty rates…” The CRB went on, “Moreover Congress determined that these rates would go into effect, notwithstanding any pending motions for rehearing..”
Barry Bergman, President of the Music Managers Forum-US aid, “For many artists a royalty check can mean the difference between continuing to create new and exciting music for a living, or allowing musical talents to be silenced. In recognizing the value musical artists bring to the success of Internet radio, the CRB has taken a necessary step in helping to ensure that many artists are able to continue using their special talents which are enjoyed by all.”

The CRB also made two points of clarification regarding its Initial Decision. First, at the request of the webcasters, the CRB will allow them to use estimated ATH (Aggregate Tuning Hours) measures to determine audience listening for 2006 and 2007. However, the CRB said this is only for a transitional period, during which webcasters who have not yet implemented systems to track the music that they play will have the chance to do so.

Also, in response to SoundExchange’s request for clarification, regarding whether the Initial Decision covers webcasting services delivered over cellular networks, the CRB indicated it did.

Background
On March 2, 2007, the Copyright Royalty Board issued a fair and reasonable decision that sets compensation rates to be paid artists and record labels for the public performance of their works by Internet radio broadcasters from 2006-2010. The three judge panel heard testimony from dozens of witnesses and conducted a comprehensive review of tens of thousands of pages of evidence submitted by all interested parties over an 18-month period. The decision is a reflection of the need for artists to be fairly compensated for the performance of their work by webcasters who benefit–financially or otherwise–from their talents. As the music industry evolves from CD-only sales to multiple distribution platforms it is critical that creators of music share in revenues from all platforms.

SoundExchange is the first performance rights organization in the United States to collect and distribute digital audio transmission royalties to artists and sound recording copyright owners. SoundExchange represents over 2000 record companies and thousands of recording artists, and is seeking out more labels and artists who are owed royalties for sound recordings played on digital cable and satellite television music services, satellite radio services or streamed via non-interactive webcast. The non-profit organization is governed by a board of artist and label representatives. Services include track level accounting of performances to all members and collection and distribution of foreign royalties to all members. All artists, labels and/or their representatives are invited to visit http://www.soundexchange.com.

Posted in +Greatest Hits+, activism, dj, hacktivism, internet, legal, music, news, piracy, radio, RIAA | 1 Comment »

Growing Wolf Eyes On Thrones Touring Europe

Posted by Molli Fire on Thursday, 5April07

three epic bands touring Europe together! each play their own unique style of metallic atmospheres. Growing plays delicate, evolving soundscapes with repeating guitar delays and minimal melodies. Thrones plays heaving metal that physically touches your skin. Wolf Eyes tortures their instruments maniacally for your enjoyment. if you haven’t heard of each of these bands, read on for your ears’ delight.

……………………………..
GROWING

Growing could be called shoegaze metal, with their minimal creations that slowly layer and weave and evolve more layers that build on one another until the room is filled with sound. they are about to release a new album, VISION SWIM on Megablade April 24th. They will be selling the album on their European tour this spring. Trouble Man Unlimited writes about its design :

GROWING will have their new record entitled VISION SWIM with them in limited tour pressing form. The pressing is limited to 100 with 6-color screened and hand assembled/glued covers by Andrew and Sara of Wacky Prints. These covers are REALLY REALLY nice looking, and were very expensive to make. One per customer at the shows please. TMU may have a few for mailorder as well.

you can read a good bio of the band on Kranky’s page. Brainwashed.com also has fantastic and thorough reviews of 2 of their previous albums, with audio samples on their site :

Color Wheel
The Soul of the Rainbow and the Harmony of Light

Brainwashed also has a great movie of Growing playing from their video series The Eye

here is a sample from Color Wheel ….”Friendly Confines
and from The Soul of the Rainbow… “Epochal Reminiscence

………………………………………..
THRONES

Thrones comes from a prestigious experimental metal background. According to the Southern Lord label :

Joe fuckin Preston!!!! Need we say more??! The man has the burliest resume in the history of heavy:

•EARTH,

•Melvins 1991-1992 Played bass on: Lysol , Nightgoat 7″. Not to mention a solo Ep that was released along with Buzzo and Dale’s. Also featured on the DVD “Salad Of A Thousand Delights.”

•The Whip 2001-2002 Played guitar in this band with former members of Karp.

•Thrones 1996-Present Thrones is the “solo project” of Joe Preston. Thrones features all instruments. Including bass, drums, vocals and synth performed by Joe Preston.

•SunnO))) 2002-2004 played on on both SunnO))) albums “White 1” and “White 2 . Played a multitude of instruments on these albums including bass, vocals and drum machine programming.

•High On Fire 2004-Present Joined High On Fire for their Summer 2004 tour. Also played bass on the latest recording Blessed Black Wings. Now a permanent member

Many of the tracks from “A Day Late, A Dollar Short” are taken from hard to find (ie. 7″s, cassettes, compilations, and collaborations with other bands) previous Thrones releases. The album also features some very rare and previously unreleased tracks. Beautiful packaging designed by Stephen O’ Malley, with humorous anecdotes/liner notes by the man himself. This is the first official Thrones release in five years.

throne.jpg

again, Brainwashed has the goods – here is their review of A Day Late, A Dollar Short by John Kealy and a sample :

Day Late, Dollar Short is a fantastic collection of eccentric and inimitable songs. Thrones can sometimes teeter towards novelty but the warped humour pulls it back from the edge. I’ve always liked Preston’s work with the other bands mentioned above but this is the first time I’ve heard the man doing his own thing and it well and truly floored me. Simply put, this is a blinder of an album.

Senex
Oracle

…………………………………..

WOLF EYES

Wolf Eyes play extreme metallic noise core. they thrash and flail and smash and pounce on stage. they are very nice people off stage. here is what Jon Whitney wrote about them on Brainwashed

Wolf Eyes and Hanson Records have claimed to be a “celebration of middle fingers,” however, we have found them to be some of the most sincere musicians today. Both in conversation, with Howard Stelzer of Intransitive and Jon Whitney, and in their musical output, which is true to the do-it-yourself aesthetic in nearly every interpretation of the term. Thanks to Nate Young and Aaron Dilloway for performing in the unfortunate absence of third member, John Olson. The band, captured at Twisted Village due to a last minute club fuckup, probably ended up making more from kind specator donations and merch sales, while those in attendance happily avoided bar prices. 21 Minutes, Quicktime Streaming Video

you can also read a great bio about Wolf Eyes on The Windish Agency

 

wolfeyes.jpg

Brainwashed is absolutely the most dedicated and well stocked website for authentic, quality, avant garde and extreme music. you should definitely check out how much cool FREE stuff they are sharing with anyone who wants to visit. one more thing about how cool Brainwashed is – they posted on their site an informed message urging students to ignore the RIAA !!

…………………………………………………………

 

EUROPEAN TOUR – Growing and Thrones

somewhere it was alluded to that Wolf Eyes would be joining this tour for some dates, but i cannot find evidence of when that would be. so, for all practical purposes, this tour is only Growing and Thrones. you got the extra Wolf Eyes info as a bonus.

04/04/07 NL Haarlem @ Patronaat
05/04/07 BE Brussels @ Recyclart
06/04/07 DE Bremen @ Friessenstrasse
07/04/07 DK Aarhus @ Voxhall
08/04/07 SE Gothenburg @ Nefertiti Jazz Club
09/04/07 NO Oslo @ Blä
10/04/07 SE Malmö @ Aktivitetshuset
11/04/07 DK Copenhagen @ Loppen
12/04/07 DE Berlin @ festsaal Kreuzberg
13/04/07 DE Leipzig @ UT Connewitz
14/04/07 AT Vienna @ Fluc
15/04/07 IT Milan @ Circolo Magnolia
17/04/07 CH Geneva @ Le Kab
18/04/07 FR Marseille @ L’Embobineuse
19/04/07 FR Paris @ Instants Chavires
20/04/07 DE Saarlouis @ Juz
21/04/07 NL Tilburg @ Roadburn Festival

 

 

 

 

 

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Posted in doom, drone metal, electronica, experimental, guitar, metal, mp3, music, new release, news, noise, RIAA, shows, Sunn O))), tour, vinyl, Wolf Eyes | Leave a Comment »

DJ Drama Talks About Arrest, New Album

Posted by Molli Fire on Friday, 30March07

there is a thorough article on VH1.com today about DJ Drama. he is speaking out about the arrest, and previewing tracks from his upcoming major release, Gangsta Grillz.

the article is here

sorry no audio previews of the new album…

gangsta grillz

 

 

 

 

Posted in hip hop, legal, music, new release, news, piracy, RIAA | Leave a Comment »

RIAA Runs With Tail Between Legs

Posted by Molli Fire on Thursday, 29March07

ok, maybe that’s actually an exageration. but they should be after receiving a letter from California attorney Merl Ledford III, of Visalia, California. Ledforf III just points out how unreliable their witnesses and evidence are, and how weak their case is. next thing you know, RIAA drops one of its recent cases.
the whole story is on :: techdirt.com :: with an excerpt from the letter. the full letter can be viewed :: here :: where it serves as an example for other lawyers who are defending people against the out of control megalomaniac recording industry.
finally, RIAA’s statement of Voluntary Dismissal can be viewed in all it’s legal-formatted glory :: here::

 

 

 

 

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Posted in internet, legal, music, news, piracy, RIAA | Leave a Comment »

How To Live DRM Free In The Digital Age

Posted by Molli Fire on Wednesday, 21March07

Living DRM Free In The Digital Age

Is it possible? It depends on what you do as an individual, and what the manufacturers do with the technology that they make available to the public. You, as an individual, have a say in both cases. The first step needs to be taken immediately, while the second step will improve your stride into the future! Here is a new, more organized installment of “a very detailed report” about what is happening this week with digital media – storage, streaming and sharing as well as some resources for DRM free music experiences. (Feel free to read my previous installment, which is long in the tooth, but pretty widely peppered with links for lots more information about the CRB’s drastic increase in royalty rates for webcasters. You can find it in the archive on March 7th.)

First, if you are not familiar with DRM and its issues, start by reading the Wiki entry for DRM which is thorough in its portrayal of the different opinions and motivations that have polarized the music community.
Next, read Steve Jobs’ “Thoughts On Music” on apple.com which has been a hot topic since its publication February 6th 2007. Jobs basically dumbs down the history of Apple’s involvement with the music distribution companies, explains how hackers are smart enough to crack any protection they implement, forcing Apple programmers to keep up an endless game of “cat and mouse” with hackers in order to keep the big music companies docile enough to not yank its entire catalog from the iTunes Store.

– -if you want to know the punchline from these thoughts right now, then keep reading this section. otherwise skip past the brackets and read the manifesto in full on apple.com- –

[- – SPOILER WARNING – – Jobs outlines 3 options for dealing with DRM, choose one : “The third alternative is to abolish DRMs entirely. … This is clearly the best alternative for consumers, and Apple would embrace it in a heartbeat. …” But then he ends the lesson by leaving this option in the hands of the Big 4 and the EU. It’s too bad he did not make a more clear statement of intent for making changes to Apple’s software and hardware, nor the imposed DRM on tunes and movies that are not under the authority of the Big Boys….]

In the interest of counterpoint, i’d like to know how Apple and Steve Jobs would benefit or be compromised by opening up the DRM restraints. Would it ease legal difficulties arising in courts in EU countries? Would it eliminate obstacles to launching the iPhone with full online and streaming capabilities? Are we to believe that Steve Jobs is a man of the people, and making this statement as a champion of the consumers?

This time last year, CNN reported in their Money section :

The companies – Universal, Warner Music (Research), EMI and Sony BMG – were forced to accept Apple CEO Steve Jobs’ pricing because the iTunes music store has so much influence over the U.S. download market, the report said. The iTunes music store accounts for 80 percent of paid downloads.

The newspaper says that some labels were considering signing short-term contracts with Apple now and then bringing up the issue again in the near future.

Wow, that’s a lot of influence our man Steve Jobs has. If he has this kind of sway over the market and the big music companies, then it seems he would be able to make option 3 in his statement a reality : a DRM free industry, where all media players can play the music that we purchase in all of our listening environments. No more cds bought from best buy that can’t be ripped to play in the car. No more tunes purchased from online stores that cannot be played in mp3 players not made by Apple. Freedom from restrictive micro-management.

How do we the people, who gave Steve Jobs that kind of clout by purchasing 80% of all our downloads from the iTunes Store with millions of our hard earned dollars, let him know that we want DRM free music.? How do we push him into championing the cause of the consumer and putting his ideas into concrete action? It’s simple, and realistic, and it involves those 2 steps i mentioned at the beginning of this episode. First, we tell Steve Jobs that we like his ideas and we want them to become reality. Second, we use our dollars as voting power, and only purchase music that is distributed without DRM. Believe it or not, both steps are very easy, and most likely will not restrict your musical experience at all.

NOW – –*right now*– – If you want to show your support for a DRM free experience and urge Steve Jobs and Apple to lead the way out of DRM and its Digital Restrictions Mafia, then add your signature to the “Open Letter to Steve Jobs” on the Defective By Design website. The letter simply urges him to back up his online pledge with reasonable action, specifically by opening the DRM for all media in the iTunes Store that does not require this impairment. This would cover giving independent musicians and labels the option to decline DRM restrictions being added to their files on iTunes, as well as opening DRM from other products that are not required to use DRM. Jobs also has the authority and corporate standing as a member of Disney’s Board of Directors to have the DRM dropped from Disney’s movies and videos sold in the iTunes Store.

Now for the 2nd step : Starting right now, you can begin living a life free from DRM. you probably won’t want to ditch all the DRM music that you already have and enjoy listening to, but you can make concious choices about the music that you purchase in the future. So much of the music we listen to today will be out of regular rotation in our playlists a year or 2 from now ayway. Making choices about music now could actually convert more and more of our playlists to be free of restrictions. Defective By Design features an online guide to DRM-free Living. The guide features links to record labels, online music stores, software, players and more that provide digital music to the public without the restrictive DRM.
This is where i cheer and jump for joy – Yay!!! Because, there are some great stores on this list that i already frequent, and have been posting links to for you to listen to the great music that i have been writing about! Not only do i vouch for some of these sites, i highly encourage you to go check out their selection! Bleep.com is on there, a great online store for electronic music (Warp Records, Traum, Ed Banger), hip hop and dj music (Ninja Tunes, XL), blues and reggae (Birdman, Trojan) and much much more. The store is vast, and nearly every song on every album has a preview clip to listen to. And yep – eMusic.com and Canada’s Nettwerk is on there as well. When you are checking out this amazing guide, don’t miss page two, because that’s where you will find the link to DRM-free streaming videos like the Decemberists and Postal Service, as well as internet tv and video podcasts.
Oh, and speaking of defective design, many links in the guide were not working for me! but, i was able to locate every website address by hovering over either the site name or the tag name, reading the address and typing it by hand in the location bar. hopefully DbD will have that fixed soon.

Whew! There you have it, an exhaustive report on how to survive as a music lover in the age of music restriction. Consider this your bootleg bottle of prohibition digital music information! i hope you enjoyed the read, and found it helpful. i imagine there will probably be another installment next week, when the industry announces more ways to steal our money.

Posted in +Greatest Hits+, activism, DRM, hacktivism, internet, legal, mp3, music, music tech, news, piracy, RIAA, social, technology, writ | 1 Comment »

U of Michigan is ready to turn students over to RIAA

Posted by Molli Fire on Wednesday, 14March07

According to a letter sent out to all U of Michigan staff and students :

“the University of Michigan received notification that the Recording Industry Association of America (RIAA) intends to sue or receive settlement from more than a dozen members of the U-M community engaged in unlawful peer-to-peer file sharing of music over the Internet. The RIAA has designated these individuals through IP addresses, and the University is in the process of identifying and notifying them.”

to read the full letter and comments via a Wired Blog, click here…

this is only one stance taken by the universities that have received threatening letters from the RIAA. i remember reading last week that Ohio University (who is #1 in pirates) has set up numerous sessions for students to meet with staff and legal consultants to discuss the options and obstacles. other universities are coming up empty handed. RIAA sent 2 letters to University of North Dakota, requesting student identities for offenses that occured more than a month ago. U of ND only retains ip records for 30 days, and therefore cannot fill the RIAA’s request.

more info here.

Posted in internet, legal, mp3, music, news, RIAA, technology | Leave a Comment »

A detailed report on the Battle Between Webcasters and the CopyrightRoyaltyBoard

Posted by Molli Fire on Wednesday, 7March07

randall munroe
comic by Randall Munroe

I posted last week about internet broadcasters (webcasters) being charged royalty fees, including retroactively for all of 2006, when the US Copyright Royalty Board announced its decision on the new rates. (See here for that post) Given the obscene nature of these fees : enforced retroactively AND costing 2-5 times more what most stations were able to earn through listener support and advertising, the online community and the legal defense parties are leaping into action, first with an appeal, and simultaneously with awareness and support from people who don’t want to lose internet radio stations.

One internet radio station that will be dramatically affected by this new royalty rate is SomaFM from San Francisco, CA. They are a poster child for the small radio station that played by the rules, but might be forced to shut down due to the enormous disparity between what a station is capable of earning, and what it is expected to pay to all the different music management and licensing companies. SomaFM relates the details of their situation in the latest newsletter :

You may have heard, but once again internet radio is facing huge additional royalties for broadcasting music. These royalties are in addition to the ones that we pay to ASCAP and BMI, and are a royalty that is only paid by internet broadcasters. Over-the-air (AM/FM) broadcasters are explicitly exempt from this royalty; it only applies to internet broadcasters and subscription music services. In the past, we paid royalties based on a percentage of our revenues, in our case 10% of our revenue. But the new royalties don’t allow that percentage of revenue factor, and instead charge us for each song we play times the number of people listening. This works out to about $8 per average concurrent listener per month. In 2006, we averaged over 6000 average concurrent listeners per month, and the royalties we will have to pay for 2006 is about $628,000, over 4 times the amount of money we brought in. And these rates go up drastically each year, until 2010, where they are 2.5 times their initial rate: by then we will have to pay over $1 million dollars a year in royalties if we want to stay on the air. So you can see that this puts us in an impossible position. And to make it even worse, the rates are retroactive to 2006. It doesn’t seem fair that a small radio service like SomaFM has to pay all these additional royalties, when over-the-air stations who reach much larger audiences are exempted from paying them. If you are in the USA, we would appreciate it if you could sign this online petition which will be presented to members of Congress.It’s important for us to let Congress know that independent internet radio is about to be forced out of business. We need to keep our existing “percentage of revenue” royalty rate structure, or better yet, have Congress extend the exemption to internet radio stations as well as terrestrial (over-the-air) stations.

http://www.petitiononline.com/SIR2007r/petition.html

Thanks for all of your support for SomaFM in the past. We will do what we need to do to keep SomaFM on the air and broadcasting. We love you!

Rusty Hodge,
General Manager and Program Director
SomaFM.com

For more information on SomaFM, visit their website : http://somafm.com

This petition is the big deal right now. The website “Save Our Internet Radio” has a page with 6 things you can do to help webcasters in this daunting legal battle, and this petition is at the top of the list.

Mad as hell about the threat to Internet Radio? Do Something!

Posted by
Bill Goldsmith

1. Sign this online petition and open letter to the US Congress.

2. Send an email to your members of Congress. You can use our suggested text, or write your own.

3. Print out the email (you’ll get a copy) and mail it to your Congresspeople. Follow up with a phone call. You can look up their addresses and phone numbers here.

4. Write a letter to the editor of your favorite magazines and newspapers. If you know someone in the media, let them know what’s going on. Have them read my post below, if you like.

5. Don’t panic. Together we can save the medium that we all love. We have the passion to make it happen!

6. Digg this post to help spread the word.

In order to digg that post, you will have to go to the post itself. Just click on the headline, or the word permalink in the quoted text.

Another thing to consider, since Congress is a bit slow to action, is contacting the Copyright Royalty Board directly. Let them know exactly how you feel about this decision, how it affects you personally, and how it affects the existance of internet radio. Let them see that killing this industry may make royalties harder to collect in the future, not only because so many stations went out of business, but also because we, the public, aren’t being exposed to new artists and new music, and therefore are not buying as many albums as we did when we heard it first on internet radio. You can contact the CRB directly at :

Copyright Royalty Board
P.O. Box 70977
Washington DC 20024-0977

(202) 707-7658

Or use the online form on their website : http://www.loc.gov/crb/contact/

For what it’s worth, many organizations, government agencies, and lobbyists count each form of communication as representing more than one person’s opinion. The formula for this type of math counts letters as representing more people than phone calls, which in turn represent more than emails. Doing all 3 counts the most!

Even Wired Magazine is abuzz with updates on the battle between broadcasters and the Board. Today their headlines included :

Royalty Hike Panics Webcasters
08:00 AM Mar, 06, 2007
By Eliot Van Buskirk

Internet radio companies big and small are revving up for a fight with the Copyright Royalty Board that could lead to the halls of Congress and — some fear — the end of streaming music stations in the United States.

The panicked preparation follows last Friday’s buzz-killing bombshell: As 50 million or so online radio listeners geared up for their weekends, the board released new royalty rates representing a potential tenfold increase webcasters would have to pay out.

In the old, percentage-based fee system, webcasters paid SoundExchange — the Recording Industry Association of America-associated organization that pushed the Copyright Royalty Board to adopt the new rates — between 6 percent and 12 percent of their revenue, depending on audience reach. The new system charges all webcasters a flat fee per song per listener; for instance, in 2007, streaming companies would owe $0.0011 per song per listener (rates change based on year).

That amount may not sound like much, but it adds up quickly. Consider, for instance, AOL Music, with its average of 210,694 listeners for November 2006. According to calculations made by the Radio and Internet Newsletter, or RAIN, AOL retroactively owes about $1.65 million in sound-recording royalties for that month alone (and that doesn’t include songwriting royalties). By the end of this year, according to RAIN, the company could owe roughly $20 million — unless the rates are overturned by the board or by Congress, which is still a possibility.

Larger services that offer thousands of channels, such as the free Pandora, are also facing a huge spike in royalty costs. Kurt Hanson, publisher of RAIN and CEO of AccuRadio, went so far as to speculate that Pandora, which is based in the United States, could “disappear” as a result of the new rates. Overseas competitors like Last.fm, which is based in London and removed from the board’s restrictions, could easily claim Pandora’s market share. If Pandora has to pay the annual $500 minimum for each channel, Hanson said, its sound-recording royalty bill for 2006 alone would be capped at about $2 billion (based on the service’s 300 million registered users, each of whom gets to create up to 100 unique channels).

“The rates are disastrous,” says Joe Kennedy, CEO of Pandora. “I’m not aware of any internet radio service that believes it can sustain a business at the rates set by this decision.”

The situation for smaller webcasters isn’t any better. And for the likes of Bill Goldsmith, who runs Radio Paradise, it’s far worse: “This royalty structure would wipe out an entire class of business, small independent webcasters such as myself and my wife. Our obligation under this rate structure would be equal to over 125 percent of our total income.”

The smallest webcasters, who use services such as Live365 for their shows, will likely vanish as well unless the rates are overturned. RAIN pegs Live365’s royalty obligation for 2006 at approximately $4.2 million — and that’s not counting the minimum $500 it could owe annually for thousands of its channels. Again, that’s in addition to other royalty fees. (The site, like most others, already pays songwriter royalties to performing rights organizations BMI, ASCAP and SESAC.)

Live365 did not respond to e-mail and phone queries from Wired News in time for publication, and Yahoo declined to comment. SoundExchange also failed to respond.

Hanson, who testified at the hearings on behalf of small webcasters, said he doesn’t “think the people actually running the record labels want to see internet radio shut down,” but that SoundExchange’s lawyers had planned “an aggressive, win-all-you-can battle in Washington. I think they were more successful than they expected to be.”

Pandora’s Joe Kennedy believes the board’s decision will not stand — it’s simply too extreme. He wrote to Wired News, “The only reason the (online streaming) services are not shutting down today is the belief that rationality will ultimately prevail here, either through appeal or congressional intervention.” (A third option, according to Hanson, is that SoundExchange could choose to continue licensing music as a share of revenue, as it did before the Copyright Royalty Board decision.)

Only webcasters that were involved in the original Copyright Royalty Board decision-making process (Yahoo, AOL, Live365 and a few smaller webcasters including Radioio, Ultimate80s and Accuradio) will be able to file an appeal, and they have 15 days to do so.

The House Commerce Committee’s telecommunications subcommittee is holding a hearing on March 7 to hear testimony on the current and future radio industry. Witnesses will include Mel Karmazin from Sirius, Peter Smith from broadcaster Greater Media and Bob Kimball from RealNetworks.

If the new rates stick, online music fans may come to expect far less innovation, variety and quality when it comes to internet radio. Some industry experts fear that even more users could be driven to illicit services that pay no royalties or those that operate from other countries.

A little more info on SoundExchange, taken from the FAQ on their website :

Who
governs SoundExchange?

The SoundExchange Board of Directors oversees all operations of SoundExchange.
This board approves such things as the distribution methodology and
administrative expenses. It is comprised of one representative from
each of the major label groups (EMI Music Group, SONY BMG Music
Entertainment, Universal Music Group and Warner Music Group); independent
labels (Tommy Boy Entertainment, a large independent, and Matador Records,
a small independent); a designated executive from an independent label
association; a designated executive from the Recording Industry Association
of America (RIAA); and an equal number of artists and artist representatives
from such organizations as AFTRA, AFM, the Recording
Academy, Music Manager’s Forum – U.S. and the Future of Music Coalition.
For a full board member listing, click
here
.

When was SoundExchange founded?
Before its spin-off in September of 2003 as an independent organization, SoundExchange was originally created in 2000 as an unincorporated division of the RIAA.

I’m already a member of ASCAP, BMI or SESAC. Don’t they cover this for me? What is the difference?
No. ASCAP, BMI and SESAC represent a different copyright than SoundExchange. ASCAP, BMI and SESAC collect performance revenue for the owners of the copyrighted musical work (the song), i.e. music publishers, songwriters and composers. SoundExchange collects performance revenue for owners of the sound recording copyright (the recording) and for featured and nonfeatured artists. SoundExchange, therefore, performs a different function and does not compete with ASCAP, BMI or SESAC. In fact, a company with both publishing (“song”) copyrights and recording copyrights should join collecting societies administering both types of rights: one for the song and another for the sound recording copyright.

And, a list of the SoundExchange Board includes :

SoundExchange Board

Alasdair McMullan
– EMI
Andrea Finkelstein – Sony BMG
Cary Sherman – RIAA

Daryl P. Friedman
– Recording Academy*
Dick Huey – Matador Records*
Don Rose – American Association of Independent Music

Jay L. Cooper, Esq.
– Recording Artists’ Coalition (RAC)*
Jay Rosenthal, Esq. – RAC*
Kim Roberts Hedgpeth – AFTRA
Michael Hausman

Michael Ostroff
– UMG
Patricia Polach – AFM

Patrick Rains

Paul Robinson
– WMG
Perry Resnick – Music Manager’s Forum-U.S.*
Steven M. Marks – RIAA*

Tom Silverman
– Tommy Boy Entertainment LLC*
Walter F. McDonough, Esq. – Future of Music Coalition
(FMC)*

*For identification purposes
only

One last thing from SoundExchange, their page on Licensing 101 is very valuable for webcasters. It spells out what a webcaster needs to do in order to obtain licenses and pay royalties….

If you would like to read a more detailed article from a legal standpoint, discussing exactly what and who this decision covers, what is financially expected between now and the appeal, and how the new royalty rates were created, and how they are intended to be distributed between the artists and the copyright holder (record company usually) please see the broadcast law blog.

2 great resources for everyone affected by the CRB and the royalty rates – legal guides in PDF form :


INTERNET RADIO: THE BASICS OF YOUR MUSIC ROYALTY OBLIGATIONS

Copyright Royalty Board Announces Music Recordkeeping and Reporting Requirements for Internet Streaming

If you have any trouble loading those links, try the IWA page that they came from. These legal guides are offered free to all from the Internet Webcasting Association, courtesy of David Oxenford and Davis Wright Tremaine. The IWA website states :

For more information or questions about these or other legal issues related to streaming, please contact David Oxenford.

Contact Info:
David Oxenford David D. Oxenford
Washington, D.C.
(202) 508-6656
davidoxenford@dwt.com

These advisories are publications of the Broadcast Group of Davis Wright Tremaine LLP. Our purpose in publishing these advisories is to inform our clients and friends of recent developments in the broadcasting industry. They are not intended, nor should they be used, as a substitute for specific legal advice as legal counsel may only be given in response to inquiries regarding particular situations.

Both Attached Documents are Copyright © 2006 | Davis Wright Tremaine LLP

Posted in +Greatest Hits+, activism, CRB, dj, DRM, industry, internet, legal, music, news, piracy, radio, RIAA | 2 Comments »