10\/9\/16
\nI. DOJ RULING: WHAT HAPPENS NOW?
\nII. WHAT’S LOST WHEN POPS ORCHESTRAS TAP POP CULTURE<\/p>\n
III. EVENTS<\/p>\n
<\/p>\n
…Absolutely guaranteed anonymity – Former Musician’s Union officer<\/p>\n
…The one voice of reason in a sea of insanity – Nashville ‘first call’\u2028scoring musician<\/p>\n
…Allows us to speak our minds without fear of reprisal – L.A. Symphonic musician<\/p>\n
…Reporting issues the Musicians Union doesn’t dare to mention – National touring musician
\n=============================================<\/p>\n
I. DOJ RULING: WHAT HAPPENS NOW?
\nA couple of Tuesdays ago the SCL (Society of Composers and Lyricists)<\/p>\n
hosted a meeting at the Crest in Westwood to discuss the recent<\/p>\n
DOJ Ruling. What follows are notes taken at the meeting.<\/p>\n
ON THE OVERTURNING OF THE DOJ RULING<\/p>\n
THE DOJ RULING: BMI Prevailed,\u2026 What Happens Now
\nSeptember 20th, 2016 \u2013 6pm<\/p>\n
CREST THEATER
\nPanalists:
\n1) Ashley Erwin \u2013 Pres. SCL
\n2) Todd Brabec
\n3) Michael Eames
\n4) Garry Schyman
\n5) Charles J. Sanders<\/p>\n
BMI went to get an extension on the DOJ ruling to keep it<\/p>\n
from being put in force, but the court came up with a decision\u2026.<\/p>\n
And overturned the earlier decision in BMI\u2019s favor.<\/p>\n
CONSENT DECREE<\/p>\n
SOME HISTORY
\n1917 \u2013 ASMAC created
\n1949 \u2013 BMI created
\n1930\u2019s \u2013 Government looked at ASCAP\u2019s actions. ASCAP\u2019s<\/p>\n
POWER WAS HUGE<\/p>\n
1941 \u2013 both ASCAP \/ BMI put under decrees that limits<\/p>\n
how they operate.
\nASCAP had EXCLUSIVE rights to their members. Sign<\/p>\n
with them, only THEY can license your work.
\nBMI \u2013 Was the same deal.<\/p>\n
<\/p>\n
Have been amendments over the decades.<\/p>\n
ASCAP \/ BMI \u2013 had to treat similarly positioned composers alike.
\nCourt in 1950 \u2013 ASCAP must have a rate court in case writer and others cannot
\nagree on a rate.
\n1994 \u2013 BMI created a rate court.
\nDifferent judges for each organization.<\/p>\n
Gives users and pros a recourse if they cannot agree on a fee.<\/p>\n
They have interim fees.
\nIn most cases interim rate is very low.<\/p>\n
2001 Decree \u2013 Sped up some of the rate courts.<\/p>\n
Millions of dollars spent on these rate courts.<\/p>\n
Since the online world came in \u2013 ALL THE SERVICES have<\/p>\n
gone to rate court to cut down on the fees to be paid.<\/p>\n
PANDORA was the first case where they got a decent rate.<\/p>\n
<\/p>\n
Consent decree is 75 years old.<\/p>\n
<\/p>\n
Composers are the least represented of all artists.
\nIf record company owns the publisher, they try for the lowest<\/p>\n
fee possible. (If there was no floor, the rate would be zero)<\/p>\n
Companies want a universal one-size-fits-all rate.<\/p>\n
Full work licensing – Is it a buyout? Who gets the benefit?<\/p>\n
DOJ was asked by those who want to deflect from having to<\/p>\n
pay fair royalties.<\/p>\n
Theory of why it came up \u2013 Who ran the investigation?<\/p>\n
Someone from silicone valley who used to work for Google<\/p>\n
as an anti-trust counsel.<\/p>\n
<\/p>\n
No longer talking about changing consent, now talking<\/p>\n
about FULL WORK LICENSING.<\/p>\n
<\/p>\n
Cannot get back to talking about changing consent until<\/p>\n
we\u2019re done talking about full work licensing.\u00a0 After this is<\/p>\n
done we\u2019re back to where we started. The full work licensing<\/p>\n
has been a very effective delaying tactic.<\/p>\n
<\/p>\n
Consent decrees artificially suppress fair royalty fees.<\/p>\n
<\/p>\n
We went asking for relieve from consent decree, and the<\/p>\n
DOJ went after another angle. (Full Work Licensing)<\/p>\n
During Pandora Case \u2013
\nBig publishers wanted to withdraw part of their works<\/p>\n
from the online world only.<\/p>\n
ASCAP\/BMI wanted to bundle rights.
\nASCAP\/BMI wanted to replace rate court with an arbitration.<\/p>\n
DOJ asked for comments
\nAmenable to bundling
\nAmenable to partial work withdrawal
\nTotally against replacing the rate court.<\/p>\n
How is the WFH creator\u2019s relationship with a publisher<\/p>\n
different to that of a traditional songwriter.<\/p>\n
How would full work licensing affect WFH composers and<\/p>\n
songwriters.<\/p>\n
Employee and independent contractors, both have rights.
\nComposers inhabit a third category.<\/p>\n
Employees: Collective bargaining \u2013 salary, working conditions
\nIndependent contractors: allows ownership, no benefits.
\nComposers: Considered to be Independent Contractors by NLRB
\nWork for Hire was created in the 1976 copyright act.
\nEmployer took ownership of the music. Composer sued.
\nIt led to the dissolution of the composers union.<\/p>\n
Certificate of authorship \u2013 grants ownership to the studio \u2013<\/p>\n
composers become in effect an employee without any of<\/p>\n
the benefits. Composers are allowed to collect 50% of the
\nfees collected, representing the \u201cWriter\u2019s Share\u201d.<\/p>\n
What we want \u2013 Writer\u2019s Share included in statue of the law.<\/p>\n
Writer\u2019s share does not appear in any statute. We want it<\/p>\n
incorporated into copyright law.<\/p>\n
<\/p>\n
We all reach out to local representatives. SCL will come up<\/p>\n
with a letter to send.<\/p>\n
<\/p>\n
SONA \u2013 Songwriters of North America \u2013 Sued to give voice to<\/p>\n
the songwriter in this fight. Found pro-bono lawyers.<\/p>\n
Everyone in Washington needs to see that these actions are<\/p>\n
affecting the smallest of the smallest business owners.<\/p>\n
<\/p>\n
SONA Suing the DOJ saying it has hurt their property rights.<\/p>\n
<\/p>\n
Hard to get congress members to understand what\u2019s at stake<\/p>\n
and the subtleties of copy write law.<\/p>\n
Meeting Adjourned<\/p>\n
<\/p>\n
[EC: If anyone finds this synopsis incomplete or incorrect,<\/p>\n
please send in your corrections and we\u2019ll be more than happy<\/p>\n
to include it in the next blog.]<\/p>\n
=========================<\/p>\n
II. WHAT’S LOST WHEN POPS ORCHESTRAS TAP POP CULTURE
\nNew York Times August 24th, 2016
\nby Brian Wise<\/p>\n
Tchaikovsky\u2019s bombastic \u201c1812 Overture\u201d has been a staple of the Boston Pops\u2019 Fourth of July concert since 1974, when the famed Pops conductor Arthur Fiedler added it \u2014 complete with cannon blasts and church bells \u2014 to lift attendance. It became the traditional lead-in to the fireworks display over the Charles River.
\nBut that changed over the past decade, as CBS began broadcasting the show and the \u201c1812 Overture\u201d was moved earlier in the evening, before the nationally televised portion began. The prime-time pyrotechnics this year instead used hits by Adele, Beyonc\u00e9, Justin Bieber and others as a soundtrack. Some traditionalists took to social media to vent their dismay.<\/p>\n
\u201cNice they let the Pops play ONE song at their own concert,\u201d one viewer wrote in a sarcastic tweet, adding, \u201cAnd #1812Overture relegated to commercial break.\u201d
\n\u201cFor first time in 40 years #BostonPops doesn\u2019t play 1812 Overture, opting instead for crass top-40 dreck. Pathetic sellout,\u201d another wrote on Twitter.
\n\u201cI agree with a lot of that reaction,\u201d Keith Lockhart, the orchestra\u2019s conductor since 1995, said in an interview. \u201cThe network has very specific ideas about the demographic that they want to attract, which may not jibe with our ideas about the demographic that is going to get the most out of this, and have the best relationship with the Boston Pops.\u201d<\/p>\n
There is a fundamental challenge facing pops orchestras and series, which tend to have audiences older than classical ones. As music directors and administrators try various approaches to connect with new audiences \u2014 adding film screenings with live orchestral accompaniment, video game soundtracks, theatrical circus spectacles and 1990s rock acts \u2014 are they abandoning the large repertory that drew many listeners in the first place?<\/p>\n
What is disappearing, some say, are the light classics that once were staples of mainstream classical concerts that, around the middle of the last century, migrated to pops: Rossini overtures, Liszt\u2019s \u201cHungarian Rhapsodies,\u201d Respighi\u2019s \u201cFountains of Rome,\u201d Bach transcriptions and other colorful showpieces.
\n\u201cIf you\u2019re going to do a Mahler symphony as the centerpiece of a concert,\u201d said John Mauceri, the founding director of the Hollywood Bowl Orchestra, \u201cyou don\u2019t have any room for von Supp\u00e9 or Offenbach.\u201d<\/p>\n
The average age of a Boston Pops subscriber is 55 \u2014 compared with 48 for subscribers to its parent ensemble, the Boston Symphony Orchestra. The Pops has been turning more and more to headliners with multigenerational appeal, such as the comedian and singer Seth MacFarlane and contestants from \u201cDancing With the Stars.\u201d Last week, the St. Louis Symphony followed orchestras in Pittsburgh and Columbus, Ohio, by booking the rapper Nelly. The National Symphony Orchestra has drawn much attention for performances with Kendrick Lamar and Nas: far from fluffy Strauss waltzes.<\/p>\n
\u201cThere\u2019s kind of a lost repertoire,\u201d Mr. Lockhart said. \u201cAs pops orchestras have begun to chase an increasingly nonclassical audience, that material is woefully underrepresented in a lot of places. It\u2019s even represented less here than it was when I first started,\u201d he said, referring to the Boston Pops.<\/p>\n
These changes have decades-old roots. In 2004, Henry Fogel, then president of the League of American Orchestras, wrote an article for the league\u2019s Symphony magazine documenting the fading of once-popular works like Smetana\u2019s tone poem \u201cThe Moldau\u201d and Chabrier\u2019s flamenco-tinged \u201cEspa\u00f1a.\u201d Comparing classical subscription programs of six major American orchestras from the early 1920s through 2001, he showed how light classics had nearly disappeared by 1960.<\/p>\n
\u201cThe development of pops as a separate thing actually hurt orchestras,\u201d Mr. Fogel said in a telephone interview. \u201cIt tended to remove some of the music whose principal reason for existence is pure entertainment.\u201d He placed some of the blame on music critics, who often dismissed tuneful pieces like Enescu\u2019s Romanian Rhapsodies, and on conductors, who were afraid of being branded as mere entertainers.<\/p>\n
Some orchestras devoted to pops, including the New York Pops and Cincinnati Pops, continue to mix light classics with American songbook standards and film music. But others, like the Philly Pops, have abruptly changed course. When Michael Krajewski became that ensemble\u2019s music director in 2013, he jettisoned light classics for pop- and rock-themed programs, which this season will include tributes to the Beatles and 1970s arena bands. Sarah Maiellano, a spokeswoman for the Philly Pops, credited this overhaul with a 64 percent increase in subscriptions since 2014. Concerts at the Kimmel Center for the Performing Arts in Philadelphia sold at 96 percent capacity last season.<\/p>\n
A similar tactic has been used at the Nashville Symphony Orchestra, which has a history of championing contemporary American music. Last year, its pops series sold at 85 percent capacity, compared with 73 percent for its classical series; orchestra officials partly credit the higher pops sales to headliners such as the country band Alabama.<\/p>\n
\u201cPops is a way to bring in money, but we also look at it as a way to bring in new audiences,\u201d said Larry Tucker, the orchestra\u2019s vice president for artistic administration, who has a lead role in overseeing concert programming. (Research from the League of American Orchestras shows that audiences seldom cross over from pops to classical concerts, but pops concerts, which involve fewer rehearsals, are known to subsidize classical series.)<\/p>\n
The New York Philharmonic is one of several major orchestras without a pops series, though its Summertime Classics concerts, which ran from 2004 to 2014, harkened back to the Fiedler model of pops repertory. The series was discontinued not because of poor ticket sales but because of touring obligations, said Edward Yim, the Philharmonic\u2019s vice president for artistic planning, who works with the music director Alan Gilbert to plan concerts. \u201cIt would be nice to see some of that repertoire sprinkled throughout our main subscription series,\u201d he added. \u201cNot every subscription concert, week in and week out, should be so deadly serious.\u201d<\/p>\n
The Philharmonic has drawn large audiences by showing films with live accompaniment; popular performances in May of Charlie Chaplin\u2019s \u201cCity Lights\u201d and Disney\u2019s \u201cFantasia: Live in Concert\u201d were added after the season had already begun. The orchestra has started to spin off touring editions of films from its Art of the Score series, renting the production elements to other orchestras.
\nThe pilot installment, \u201cOn the Waterfront,\u201d featuring a score by Leonard Bernstein, had its premiere in New York last September and will be presented this season by the Los Angeles Philharmonic and the San Francisco Symphony. A similar distribution strategy is planned for a restored version of Woody Allen\u2019s \u201cManhattan,\u201d its soundtrack dotted with brassy Gershwin melodies that will be conducted by Mr. Gilbert on Sept. 16 and 17 at David Geffen Hall.<\/p>\n
As these film programs multiply (current favorites of concert presenters include \u201cHome Alone\u201d and \u201cRaiders of the Lost Ark,\u201d according to the online directory Movies in Concert), conductors and artistic administrators say they struggle to find room for the traditional light orchestral numbers. But Steven Reineke, the National Symphony\u2019s principal pops conductor, doesn\u2019t plan to abandon those older pops staples. \u201cTo play those types of pieces as preludes or interspersed throughout the programming,\u201d he said, \u201cI don\u2019t see them disappearing.\u201d<\/p>\n
<\/p>\n
=========================<\/p>\n
<\/p>\n
III. EVENTS<\/p>\n
DEAN AND RICHARD\u2028\u2028DEAN AND RICHARD are now at Culver City Elks<\/p>\n
the first \u2028Friday of every month.<\/p>\n
7:30pm-10;30pm,<\/p>\n
11160 Washington Pl.<\/p>\n
Culver City, 90232<\/p>\n
310-839-8891<\/p>\n
<\/p>\n
————————————-<\/p>\n
<\/p>\n
LA WINDS JAZZ KATS 584<\/p>\n
NO COVER, NO MINIMUM.<\/p>\n
Every 2nd and 4th Tuesday of the month at Viva Cantina<\/p>\n
7:30-10:00.\u2028900 Riverside Drive, Burbank.<\/p>\n
Free parking across the street at Pickwick Bowl.<\/p>\n
Come hear your favorite charts played the way they<\/p>\n
should be. \u2028\u2028We are in the back room called the<\/p>\n
Trailside Room. \u2028\u2028Come on down. Guaranteed to swing.<\/p>\n
——————————–<\/p>\n
10\/19\/16<\/p>\n
On Wednesday October 19, 2016 at 12:10-12:40 pm
\nthe Free Admission Glendale Noon Concerts will feature
\nthe Jung Trio performing
\nSchubert\u2019s Piano Trio No. 2 in E flat major, Op.100,
\nat the Sanctuary of Glendale City Church,
\n610 E. California Ave. (at Isabel St), Glendale, CA 91206.<\/p>\n
For more information, email glendalesda@gmail.com
\nor call (818) 244- 7241.<\/p>\n
The Jung Trio.
\nJennie Jung \u2013 piano
\nEllen Jung \u2013 violin
\nJulie Jung \u2013cello
\nArtist website: https:\/\/jungtrio.wordpress.com<\/p>\n
Free Admission Glendale Noon Concerts series
\n(concerts every first & third Wednesday at 12:10-12:40 pm)
\nare listed at\u00a0http:\/\/www.glendalenoonconcerts.blogspot.com<\/p>\n
——————————–<\/p>\n
11\/19\/16\u2028\u2028SFV Symphony Orchestra \u2028\u00a0\u2028Nov. 19, 2016 \u2013 Agoura Hills\/Calabasas Community Center\u2028Bizet: Carmen Suite #1\u2028Bizet: Symphony in C major\u2028Fernandez: Oboe Concerto\u2028Francisco Castillo, oboist\u2028Sibelius: Violin Concerto in D minor, 1st mvt.\u2028Thompson Wang, violinist\u2028\u00a0\u2028Contact: Roberta Hoffman, publicist (ladybirdysue@aol.com)\u2028www.sfvsymphony.com\u2028\u00a0\u2028Program information:<\/p>\n
<\/p>\n
++++++++++++++++++++++++++++<\/p>\n
<\/p>\n
Other concerts in the series<\/p>\n
Jan. 21, 2017 \u2013 Tutor Family Center at Chaminade West Hills<\/p>\n
Schumann: Manfred Overture<\/p>\n
Mendelssohn: Symphony #3 in A minor (Scottish)<\/p>\n
Belling: Music Madly Makes the World Go Round<\/p>\n
Inaugural Performance<\/p>\n
Cary Belling, violinist<\/p>\n
<\/p>\n
Mar. 18, 2017 \u2013 Agoura Hills\/Calabasas Community Center<\/p>\n
Tuttle: By Steam or By Dream Overture<\/p>\n
Inaugural Performance<\/p>\n
Prokofiev: Symphony #1 in D major (Classical)<\/p>\n
Ben-Haim: Pastorale Vari\u00e9e for Clarinet, Harp and Strings<\/p>\n
Geoff Nudell, clarinetist<\/p>\n
Beethoven: Romance for Violin and Orchestra<\/p>\n
Domine: Frankenstein Fantasy<\/p>\n
Ruth Bruegger, violinist<\/p>\n
<\/p>\n
May 13, 2017 \u2013 Agoura Hills\/Calabasas Community Center<\/p>\n
Saint-Saens: Bacchanale from \u201cSamson and Delilah\u201d<\/p>\n
Tchaikovsky:\u00a0Orchestral Suite No. 2 in C major<\/p>\n
Egizi: Orchestral Suite \u201cIn Memoria di Mio Padre”<\/p>\n
Inaugural Performance<\/p>\n
Programs subject to change<\/p>\n
———————————–<\/p>\n
You can read all previous offerings at:<\/p>\n
http:\/\/www.responsible47.com<\/p>\n
UNTIL NEXT TIME,<\/p>\n
<\/p>\n
THE COMMITTEE FOR A MORE RESPONSIBLE LOCAL 47<\/p>\n","protected":false},"excerpt":{"rendered":"
10\/9\/16 I. DOJ RULING: WHAT HAPPENS NOW? II. WHAT’S LOST WHEN POPS ORCHESTRAS TAP POP CULTURE III. EVENTS …Absolutely guaranteed anonymity – Former Musician’s Union officer …The one voice of reason in a sea of insanity – Nashville ‘first call’\u2028scoring musician …Allows us to speak our minds without fear of reprisal – L.A. Symphonic […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-294","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"http:\/\/www.responsible47.com\/index.php?rest_route=\/wp\/v2\/posts\/294","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/www.responsible47.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/www.responsible47.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/www.responsible47.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/www.responsible47.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=294"}],"version-history":[{"count":0,"href":"http:\/\/www.responsible47.com\/index.php?rest_route=\/wp\/v2\/posts\/294\/revisions"}],"wp:attachment":[{"href":"http:\/\/www.responsible47.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=294"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/www.responsible47.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=294"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/www.responsible47.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=294"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}