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            This is a long essay about corporate power in the music industry. The argument is that cross-ownership in the media tends to reduce competition and increases profits, in turn, forcing music production to become increasingly uniform and profit driven, and harming artistic expression. It has descriptions of corporate sponsorship, and the loss of diversity. The next section is about Clear Channel Communications, and how the consolidation takes away jobs, excludes a large variety of music, and provides listeners with a biased source of information. Next, is the analysis of a recent hit, which examines the predetermined song structure which results in homogenized music and play lists, this is called the sound of corporate music. The conclusion suggests that a number of musicians would prefer to circumvent the bureaucratic systems of the industry, and that in order to preserve the artists ability to express sometimes controversial and diverse views, that musicians and the population at large would prefer legislation that moves away from monopolies.

 

            This article is relevant to my research in finding out why copyright holders are willing to waive some of their copyright in such cases as MP3 blogs, which often involve unauthorized downloading of copyrighted work. In the conclusion of the article, it suggests that a majority of musicians are not so upset about free downloads and many who are independently minded, support distribution systems that are not connected with the industry devotion to profit. Some artists who want to make more controversial material release it for free on the internet. It also suggests that this is a reaction to media consolidation, and provides some argument that more copyright control leads to the growth of monopolies, and the limiting of new technology and expression.

"Irving Berlin in Hollywood: The Art of Plugging a Song in Film" American music [0734-4392] 22.1 (2004). 40-.
Charlotte Greenspan writes about the adaptability of Irving Berlin and his music. Berlin paid attention not only to different ethnicities in his songs, but also to the entertainment trends and technological developments of time. He also wrote patriotic songs during the First World War. Greenspan notes that although Berlin was always conscious of the era, there is also a timeless quality to many of his songs. As sound emerged in film Berlin left the stage and moved to California to write songs for films, one of his first was The Jazz Singer. After not having much success in Hollywood, Berlin left to go back to the stage, only to return in 1935. Greenspan writes that Berlin signed a contract with RKO that allowed him more creative freedom than any of the studios he had worked with earlier in his career as well as a good share of the profits. Greenspan looks at the film Top Hat for which Berlin did the music. She describes each of the five songs as “unusual in one way or another.” She also explains how the music functions in early sound films and addresses the issue of why the characters are singing? Greenspan claims that in this film Berlin wrote songs that interesting so they could be played repeatedly and so they could be recognizable. This was Berlin’s method of plugging a song in a film. Greenspan also notes how Berlin lengthened songs and adapted form to fit the film so a piece was not repeated over and over. She examines this more with an in-depth analysis of Berlin’s song “Cheek to Cheek” which is nine minutes long in the film Top Hat.
Greenspan then turns to the compiled score for Alexander’s Ragtime Band. This film is significant because it details the development of the popular song and is also a biography of Berlin, in a sense. The film’s score only had three pieces composed for it, the rest of the twenty-three pieces were compiled from previous works. Greenspan uses this film to show how popular songs were placed in film at that time and also shows its significance in the history of film and Berlin’s career.
Greenspan concludes her article with an explanation of how Berlin went to Hollywood and adapted himself for scoring films. He not only developed his style for film music but put songs in films in a way that was original and innovative.
This article gives an interesting look at the early film score and how the popular song fit into it. Irving Berlin is an Icon and he demonstrates the connection between the music and film worlds. He shows how the two adapt and fuse together.
tagged Film_Industry Film_Music Music_Industry by dkelly ...and 1 other person ...on 26-JUN-06
A nine minute student documentary of the Free Culture New York Summit held at Columbia University, January 2006. The film explores a new form of student activism, based primarily on and about the Internet. Beginning with the Free Culture demonstration at the Times Square Virgin Megastore, the documentary covers Free Culture members out to educate consumers on alternative forms of music distribution online (archive.org, ccmixter.org, blogs, etc). It continues the discussion with interviews featuring conference participants (Cory Doctorow, Creative Commons, Free Culture students activists). Finally, using cc licenses for distribution and production, the film acts as an example for other young student filmmakers who are interested in alternative copyright licensing.
Mass media and free trade : NAFTA and the cultural industries / Emile G. McAnany and Kenton T. Wilkinson, editors. [0292751982 (alk. paper)] Austin : University of Texas Press, 1996.
Call#: Van Pelt Library P94.65.N7 M38 1996

PART 1

This book is a detailed look at NAFTA and the cultural industries. The book opens with an explanation of trade agreements like NAFTA and GATT as well as FTA and Cultural Industries. The book questions if culture should be subject to free trade. In the second chapter, John Sinclair examines cultural industries and the theory of cultural dominance and imperialism. Sinclair writes about the difference of cultural products from commodities because their appeal is their novelty and they are not used up when they are consumed. Sinclair questions if national culture should be protected by trade laws and to what extent. In the third chapter, Colin Haskins, Adam Finn and Stuart McFadyen write about TV and film in relation to Canada’s response to US dominance in international trade. This chapter is an examination of different country’s responses to US dominance with an economic focus. They question trade issues asking if they are merely goods, if the US is dumping and why the US dominates in the trade of cultural industries. The last section of the chapter is about Canadian policy and an assessment of their laws in relation to cultural industries. The next chapter in this part of the book, by Henry Newcomb, questions what happens to a culture when it adopts another culture’s methods of producing, understanding and representing their culture. Newcomb says that only cultural industries and not the culture itself can be protected by trade agreements. He looks at the issues and problems in defining cultural industries and how to protect them. The next chapter also concentrates on TV and more specifically the soap opera within the context of global media. Robert C. Allen begins with a brief history of the soap opera. Allen chooses to focus on the Mexican telenovela and compare it to US soap operas. In his comparison of the telenovela and the soap opera, Allen argues that the telenovela is a stronger product in the international market than the US soap opera.

 

 PART 2
The next section of the book focuses on Mexico and cultural trade and identity.  The first chapter, by Carlos Monsivias, is about Mexican nationalism and how the US cultural industries and presence in Mexico affects the sense of nationalism in the country.  He claims that the cultural identity needs to stem from adaptability of US culture into the Mexican system because the power of the US cannot be denied.  Following this chapter, Nestor Garcia Canclini also writes about the Mexican identity.  Canclini says that there will be multicultural and trans-cultural changes and influence within Mexico and its social and cultural policies.  Jose Carlos Lozano, in his chapter, focuses on the reception of US cultural industries on the Mexican border and their effects on Mexican culture.  This chapter focuses on the people’s response to the opening of Mexico under NAFTA and the effects of US culture on people close to the border.  He shows that there is nationalism and that people often prefer the products of their country.  The last chapter in this section of the book is by Eduardo Barrera and again deals with issues surrounding NAFTA, cultural industries and the US-Mexico border.  He calls the border a laboratory for post modernity.  Barrera does a case study on TV in a barrio to look at the effect of the transmission of cultural industries across the border with results that support Lozano’s arguments.  The next section of the book focuses on Quebec and issues of trade and national identity. The first chapter shows how cultural industries are important to the survival of cultural identity.  Claude Martin writes about how Quebec’s cultural industries are fundamental to the nation, despite their lack of strength when compared to Hollywood.  The next chapter, by Roger De La Garde, is a look at TV in Montreal and the effects of free trade on the industry and community.  This chapter is similar to those on Mexican border studies, in that it demonstrates a demand and a loyalty to local programming as opposed to English or dubbed-US shows.  The following chapter examines best selling books as a representation of Quebec’s support of their authors.  Jacques Lemieux and Denis Saint-Jacques claim that in the ten years of the study, Quebecois authors sold more books than US authors.  The final chapter on Quebec focuses on the music industry.  Line Grenier again demonstrates that the people of Quebec prefer their own music to the US imports.  The final part of the book focuses on copyright and contracts.  The first chapter focuses on issues surrounding the popular music industry in relation to NAFTA.  It explains how music is always changing copyright law and speculates how NAFTA will change to cover new laws and technologies.  The final chapter, by Keith Acheson and Christopher J. Maule, is a broader look at copyright, NAFTA and cultural industries.  They argue that cultural products are becoming more and more prevalent in daily life and they have an effect on the quality of life.  They demonstrate what copyright does and how it interacts with contracts to function in the cultural industries.  This book was very interesting and provided a lot of points of view on NAFTA and how it works in terms of trading cultural commodities.  The authors’ articles were all different but each section came together to demonstrate common themes and sentiments. 

 

Smith, Jeff (Jeffrey Paul). Sounds of commerce : marketing popular film music / Jeff Smith. [0231108621 (cloth : alk. paper)] New York : Columbia University Press, c1998.
Call#: Van Pelt Library ML2075 .S65 1998

Jeff Smith's The Sounds of Commerce: Marketing Popular Film Music details the interaction between the film and music industries in relation to a popular film score and soundtrack. The book opens with a musical theory analysis of the classical and popular film scores. Smith details the history of the pop score and the necessity that it is composed or compiled from popular music genres and styles as well as it being highly accessible to the audience. Smith argues that a pop score can function in the same dramatic manner as a classical score highlighting themes and character traits as well as serving the plot, despite its difference in sound and structure. Smith follows his musical analysis with a more business-oriented chapter detailing the interactions between the film and music industries. He continues with a closer look at cross promotion and beginning in the 1950s, how the emphasis on jazz begins to shift more to pop music. Smith follows his business analysis with case studies on the popular scores of three films Breakfast at Tiffany.s, Goldfinger and The Good, The Bad, and The Ugly. First, Smith looks at Henry Mancini. work on Breakfast at Tiffany's. In this section he shows how the pop score functions within the larger signification in the film as well as how Mancini took the pop score and used it to make a viable soundtrack album. Smith cites Mancini.s background in Jazz as an important influence on how he was able to adapt the score into commercial success through the monothematic score. Next, Smith focuses on John Barry.s Goldfinger. Here, he shows again Jazz.s important influence on Barry as well as the importance of the musical theme in selling and promoting film. Smith demonstrates how the repeated use of a theme allows the audience to draw associations if they know the reference, while maintaining a function beyond that so the theme functions effectively for those who are unaware of its history. Finally, Smith writes about Ennio Morricone and The Good, The Bad, and The Ugly. This chapter focuses on the interpolated song, which Smith says drives the narrative and sells itself as a commercial product. Morricone developed a style based on his training and Italian roots which, unintentionally, made his scores extremely popular. Smith also examines the effects of Scopitone and Cinebox on film scores. After the case studies, Smith shifts his focus back to the pop score as a whole first focusing on the 1960s and the compilation score. The final chapter of Smith's book examines theme songs and soundtracks post 1975. This chapter looks at business models, focusing on the music industry and its conglomerates, as well as new functions in the role of film scores and soundtracks such as the position and role of the music supervisor. This chapter shows the development of the studios and music labels and their continuing work together. Smith.s book provides a helpful and interesting analysis of the synergy of the film and music industries. His case studies are interesting choices that highlight many different aspects and functions of the popular film score as we know it today.


belongs to When Two Industires Collide project
tagged Film_Industry Film_Music Music_Industry by slstein ...on 10-APR-06
"PEER-TO-PEER: THE PROBLEM IS THE SOLUTION." Fast company [1085-9241] .101 (2005). 58-.
Adam Penenberg’s article on the issues of peer-to-peer (P2P) file sharing look at how this technology affects the film industry and the similarities and differences to music downloads. Penenberg opens with a summary of how feature length films become available on the pirate market. He cites not only leaks within the industry, but also the use of work prints. Despite the great availability of feature films on the Internet, Penenberg is quick to note the differences between downloading a film and downloading a song that protects the film industry, in a sense. Citing a twenty-five percent loss in revenue for the film industry, Penenberg says that the file size of a film makes it harder to download. He says that depending on connection speed, the download of a film can take up to a day. However, some website get around this issue by cutting the movie up into small sections that will not take as long to download. Also, when a film is more widely shared, the faster it downloads, so the more popular films download at a quicker pace. Penenberg, next, moves the article into the issues of combating P2P file sharing. Penenberg says that the film industry could shut down servers and take downloaders to court like the music industry, but he notes that this is not very successful and new servers will be created when old ones are shut down. Penenberg advocates a move to control Internet distribution, calling it the future of the film industry. He advocates a control and good management of the Internet distribution of both film and TV. There is a call for movie downloads on iTunes similar to the music downloads. He says that the industry needs a closed P2P system and they also a strong plan in preventing piracy. Here, Penenberg looks at Kontiki software and the possibilities it creates both in an iTunes-like or subscription service as well as the advertising and promotional aspects. The use of this software is growing greatly, and Penenberg speculates about how other popular P2P websites for film downloading will follow this lead.
The article is short, but gives a very interesting comparison of the music and film industries and a common problem that technology brought. Penenberg shows different approaches to how to solve illegal downloads and piracy, noting the difficulty of the task but giving examples of viable solutions. It is a very informative article and it provides an idea of how the film industry might develop.


belongs to When Two Industires Collide project
tagged Copyright Film_Industry Music_Industry P2P by slstein ...on 17-MAR-06
"MGM v. Grokster and Pending Legislation: What's at Stake for Peer-to- Peer Networks and Copyright Law." The Licensing journal [1040-4023] 25.6 (2005). 1-.

    This article deals with peer-to-peer (P2P) sharing and the film industry.  The ninth circuit court ruled in the case of MGM v. Grokster.  The court ruled that some file sharing Internet services are not liable for copyright infringement committed by their users.  This is a big blow to both the music and film industries.  David Bell and Jeffery Sullivan acknowledge this decision as “legally correct,” but they are also aware of its implications for the entertainment industries.  The sellers of copying equipment are not liable for the use of the equipment in copyright infringement, as decided by the Supreme Court in Sony v. Universal.  Since Grokster and Streamcast were found to have substantially legitimate uses, they fell under the precedent set by the Sony case..  Next, MGM tried to prove vicarious copyright infringement through direct infringement by a primary party, direct financial benefit by the defendants and the ability of the defendants to supervise the users.  This was not proven because the relationship between software provider and user is decentralized and the software provider has no obligation to monitor the actions of its users.  This ruling was appealed. The appeal questions if the defendants are responsible for secondary copyright liability because of the large amount of infringement.  Here, Bell and Sullivan explain the standards for secondary liability.   They argue that the court was to narrow in its definitions for knowledge of infringement and contributions to primary infringement.  Next the article deals with pervious rulings on the case and the necessity of proving legitimate uses if one is to use the Sony verdict in its favor.  The article deals with if and how the Supreme Court should address and respond to this case. The next part of the article explains existing legislation.  It states that copyright holders cannot recover loses from secondary copyright infringement.  It also looks at cases of the record industry against Internet Service Providers, noting the protection of software companies and ISPs.   The article looks at the Induce act, which was brought up fro review recently and would make software companies liable for encouraging copyright infringement.  The article shows the pros and cons of this piece of legislation.  Other pieces of legislation brought up in the article are the Piracy Deterrence and Education Act, the Protecting Intellectual Rights Against Theft and Expropriation Act and the Family Entertainment and Copyright Act.  The article concludes with an explanation of the possible effects of the Supreme Court’s decision on the case.
    The article provides a detailed explanation and example of the copyright issues brought up by P2P technology.  There is a good analysis of the case as well as explanations and references to copyright law and how these issues are being dealt with outside of this specific instance.  The language is a little legal at times, but the article is very comprehensive and informative. 


belongs to When Two Industires Collide project
tagged Copyright P2P Music_Industry Film_Industry by slstein ...on 17-MAR-06
"Copyright and the Music Business" Popular music [0261-1430] 7.1 (1988). 57-.
 
    Simon Frith opens his article with the claim that companies no longer rely on making things, but they are dependent creating rights.  He then goes into an examination of copyright law and the use of this law within the music industry.  He looks at the music in relation to the law as well as technology and politics.  Frith writes first about industrial protection and details a meeting of the International Federation of Phonogram and Videogram Producers (IFPI) and the desire to implement a technology that prevents home recording and copying of tapes.  Frith notes the importance of the IFPI and their role in music copyright as well as the issues that come up with technology and copyright law.  He provides a brief history of musical copyright and the advent of societies such as the Performing Rights Society in the early twentieth century.  He explains the development of performing rights, and the ability to collect royalties for public performance as a result of copyright law, and IFPI’s role in that.   Next, Frith focuses on the tape and the issues of home recording and its effects on revenue.  Frith follows this discussion with the question about the relationship between artist’s copyright and the record company’s copyright. He then turns his focus back to technology saying that the music industry, in terms of copyright and piracy issues, has to deal with the different consumer trends and attempt to profit by working with and against the new technological developments that every era brings.  Copyright is important because one cannot predict new technology or how it will be used.  Frith questions and explains what a musical work is and how it is protected within copyright law.  Frith further defines what it means to “fix” a piece of music.  He also brings up the idea of originality and the issues surrounding that concept.  The sound engineer (both recording and mixing) who works on the song, pre-recorded sound and the uses of loops and samples again complicate all the issues surrounding ownership of a song, says Frith.  He then goes on to bring up licensing with an explanation of how the process works and how it is used to create more revenue.  This section focuses on how copyright makes money in the music industry.  Frith first brings up the necessity of joining a society in order to collect royalties due. The next section talks about more issues surrounding rights to a song and possible compensation for unauthorized recordings.  Frith ends his discussion with the issues of control surrounding a musical work.  He again brings up home taping, unauthorized copying, technology and rights.
    This article is very interesting because it is so dated.  It provides a good look into how copyright law was pushed and used as new technologies developed in the past.  With hindsight, we can now use this article to examine how copyright law has worked within entertainment industries over time and apply that to the copyright issues of today. 

 
belongs to When Two Industires Collide project
tagged Copyright Music_Industry by slstein ...on 17-MAR-06
Vaidhyanathan, Siva.. Copyrights and copywrongs : the rise of intellectual property and how it threatens creativity / Siva Vaidhyanathan. [0814788068 (alk. paper)] New York : New York University Press, c2001.
Call#: Van Pelt Library Rosengarten Reserve Z642 .V35 2001
 
    Siva Vaidhyanathan’s Copyright and Copywrongs is a history of Copyright law with a focus on its evolution within the film and music industries. Vaidhyanathan opens his book with an explanation of what copyright is and how it came to be.  Hi focus begins with print laws and what copyright was originally intended to do.  Next, Vaidhyanathan spends time explaining what fair use and private uses are within copyright law.  He shows how limited freedoms are granted in order to further the use and creation of intellectual property. He says copyright in the United States protects the specific expressions of ideas, not the ideas themselves.  After his explanation of the basics of copyright law, Vaidhyanathan focuses on literary copyright and Mark Twain.  He writes about Twains appearances before congress to argue for protection. This chapter focuses on the development of copyright in England and its transition to the United States.  Vaidhyanathan then shifts his focus to copyright and the film industry.  In this section he details the development of film copyright, especially highlighting the importance of Thomas Edison and D.W. Griffith in using and challenging the law and status quo.  This chapter also looks at the ideas of derivative works and the protections afforded under copyright laws. Vaidhyanathan demonstrates how the use of patents and copyrights developed both the industry and the law.  He talks about the “web” of expression and the importance of the verdicts of Judge Learned Hand in the development of film copyright laws.  The last section of Vaidhyanathan’s book looks at how the music industry deals with copyright. Vaidhyanathan explains issues like “total concept and feel.”  He also gives many examples of how musicians fight for recognition and payment when their compositions are used without consent or credit. Vaidhyanathan chooses to focus a lot on Hip Hop because that is the genre of music that has caused the most turmoil in relation to copyright. He shows how Hip Hop pushed and violates copyright law and the music industries response to Hip Hop.  
    Vaidhyanathan closes the book with a look at digital copyright issues and international law.  This section deals with computer software as well as Napster and P2P file sharing.  It also deals with international protections and standardization issues. 
    The book provides a good explanation of the history of copyright and literary copyright law and development.  However, its focus on the film industry shows how the law developed and was used and tested, the chapters pertaining to this aspect of copyright did not go into the law and ideas of copyright in the same detail of literary copyright.  The section on the music industry was also extremely limited and tangential at times.  Its focus was mainly on Hip-Hop and the tension between the genre and the law and how they functioned together.  This section did not go very deep into the basics of musical copyright and seemed to get too far away from copyright in some of its arguments about Hip Hop.  Although they are valid arguments in a broader scope, they do not seem fitting to the book as a whole.

 
"Irving Berlin in Hollywood: The Art of Plugging a Song in Film" American music [0734-4392] 22.1 (2004). 40-.
Charlotte Greenspan writes about the adaptability of Irving Berlin and his music.  Berlin paid attention not only to different ethnicities in his songs, but also to the entertainment trends and technological developments of time.  He also wrote patriotic songs during the First World War.  Greenspan notes that although Berlin was always conscious of the era, there is also a timeless quality to many of his songs.  As sound emerged in film Berlin left the stage and moved to California to write songs for films, one of his first was The Jazz Singer.  After not having much success in Hollywood, Berlin left to go back to the stage, only to return in 1935.  Greenspan writes that Berlin signed a contract with RKO that allowed him more creative freedom than any of the studios he had worked with earlier in his career as well as a good share of the profits.  Greenspan looks at the film Top Hat for which Berlin did the music.  She describes each of the five songs as “unusual in one way or another.”  She also explains how the music functions in early sound films and addresses the issue of why the characters are singing?  Greenspan claims that in this film Berlin wrote songs that interesting so they could be played repeatedly and so they could be recognizable.  This was Berlin’s method of plugging a song in a film.  Greenspan also notes how Berlin lengthened songs and adapted form to fit the film so a piece was not repeated over and over.  She examines this more with an in-depth analysis of Berlin’s song “Cheek to Cheek” which is nine minutes long in the film Top Hat.
    Greenspan then turns to the compiled score for Alexander’s Ragtime Band.  This film is significant because it details the development of the popular song and is also a biography of Berlin, in a sense.  The film’s score only had three pieces composed for it, the rest of the twenty-three pieces were compiled from previous works.  Greenspan uses this film to show how popular songs were placed in film at that time and also shows its significance in the history of film and Berlin’s career. 
    Greenspan concludes her article with an explanation of how Berlin went to Hollywood and adapted himself for scoring films.  He not only developed his style for film music but put songs in films in a way that was original and innovative.
    This article gives an interesting look at the early film score and how the popular song fit into it.  Irving Berlin is an Icon and he demonstrates the connection between the music and film worlds.  He shows how the two adapt and fuse together.
An annotated bibliography relating different aspects of the Film and Music Industries and their intersection
tagged Film_Industry Music_Industry Film_Music by slstein ...on 20-FEB-06
A nine minute student documentary of the Free Culture New York Summit held at Columbia University, January 2006. The film explores a new form of student activism, based primarily on and about the Internet. Beginning with the Free Culture demonstration at the Times Square Virgin Megastore, the documentary covers Free Culture members out to educate consumers on alternative forms of music distribution online (archive.org, ccmixter.org, blogs, etc). It continues the discussion with interviews featuring conference participants (Cory Doctorow, Creative Commons, Free Culture students activists). Finally, using cc licenses for distribution and production, the film acts as an example for other young student filmmakers who are interested in alternative copyright licensing.