Tuesday, June 21, 2022

jason hirschhorn's @MusicREDEF: 06/21/2022 - Four Tet's Streaming License, A Better Acetate?, On the Bus, Drake, Lizzo, Dom Phillips...

The DJ is not an artist, but he is an artist. He's not a promoter, but he is a promoter. He's not a record company man, but he is. And he's also part of the crowd. He's an instigator who brings all these things together.
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Tuesday June 21, 2022
REDEF
New song, who dis? Tierra Whack at Pharrell's Something in the Water festival, Washington, D.C., June 17, 2022.
(Paul Morigi/Getty Images)
quote of the day
"The DJ is not an artist, but he is an artist. He's not a promoter, but he is a promoter. He's not a record company man, but he is. And he's also part of the crowd. He's an instigator who brings all these things together."
- Dom Phillips, 1964 – 2022
rantnrave://
License to Stream

"[G]reat news for artists, bad news for labels," tweeted TOBI VAIL, who has spent a good deal of her life on both sides of that fence. "[L]abels take note and pay up!," offered KEVIN BRENNAN, a British member of Parliament who's been at the forefront of a movement to increase artists' share of the music streaming pie. Those were among the early responses to DOMINO's settlement with FOUR TET in a closely watched lawsuit over the royalties the former was paying the latter for streams and downloads under a contract signed in 2001, two years before the ITUNES STORE opened.

Domino was paying Four Tet 18%, its standard royalty rate for physical sales (while claiming it was only required to pay 13.5%, a three-quarters rate for new technologies). Four Tet argued the label's agreements with online services were equivalent to licenses, for which labels and artists customarily split revenues 50/50.

The sales v. license debate has been a long-running one, especially for artists who signed their deals before contracts accounted for streaming and download income. EMINEM's earliest producers successfully sued UNIVERSAL more than a decade ago with a similar argument, in a case that was specifically about downloads, not streams. Though it didn't establish a wider legal precedent, the Eminem case prompted more suits from older artists, some of which were settled privately.

FOUR TET, who sued in British court, got nearly all he was asking for in his settlement with Domino, he and his lawyer said Monday—a 50 percent royalty, £57,0000 to cover unpaid past royalties, plus legal costs. "Hopefully," Four Tet tweeted, "I've opened up a constructive dialogue and maybe prompted others to push for a fairer deal on historical contracts."

The out-of-court settlement isn't binding on other artists or labels, but "the public acknowledgement from a large record label on treating streaming income as a licence," Music Week wrote, "could establish a commercial precedent, which would then inevitably be used in arguments for separate legal disputes that centre on streaming royalties." It could also, the magazine suggested, give artists confidence that they'd have the upper hand in a legal fight.

Though Domino is based in the UK, both the label and its artists have a strong presence in the US, which raises the question of how the deal might affect American indie artists and labels, if not major artists and labels, too, in a world where the line between the two has always been blurry. And though modern contracts spell out the digital deal points that were missing in Four Tet's early days, what might future signees—and their lawyers—ask for once they start seeing their older peers getting a much bigger share of the digital pie? Can two unequal standards exist side by side at the same labels and the same streaming services?

Etc Etc Etc

"The farkakte lawsuits, and the business side," and the people who refuse to believe a diva can write a song: MARIAH CAREY's glorious acceptance speech at least week's SONGWRITERS HALL OF FAME induction ceremony. The NEPTUNES, the ISLEY BROTHERS, EURYTHMICS and STEVE MILLER were also welcomed into the hall... The board of the SAN ANTONIO SYMPHONY ended a nearly year-long musician's strike by dissolving the symphony. San Antonio will be the biggest American city without a major orchestra, the New York Times reports... Desperately wanted in Canada: pipe organists... How a church choir inspired the invention of the Post-it note... DANYEL SMITH's picks for the best books about women in music.

Rest in Peace

Acclaimed environmental journalist DOM PHILLIPS, who was murdered while researching a book in the Amazon in western Brazil. Before he moved from his native England to Brazil to research and write about the effects of deforestation for newspapers including the Washington Post and the Guardian—he also covered Brazilian politics and culture—Phillips was a dance music journalist and documentarian who spent several years as editor of Mixmag. He was an avid music fan who was admired as a tireless, generous and sometimes tough chronicler of DJs and dance music in England and around the world in the 1990s. Even then, he had a serious journalistic interest in politics and culture on and beyond the dancefloor, as his Mixmag colleague David Davies remembers: "There was the front cover story of a riot in Trafalgar Square as police fought against the underground rave scene. There were features exposing gang activity, others highlighting racist door policies, undercover drug stories and much more." According to Frank Broughton, co-author of "Last Night a DJ Saved My Life," Phillips "mentored a generation of writers, photographers and nightworld ne'er-do-wells, [and] brought pro journalist standards to the woolly world of dance mags. Among the snare rolls and the fluffy bras, Dom saw the bigger picture"... Rock keyboardist BRETT TUGGLE, who toured with Fleetwood Mac for 20 years. He also played with David Lee Roth and Jimmy Page... Broadway music director/conductor DONALD PIPPIN, whose shows included "A Chorus Line," "La Cage aux Folles" and "Mame"... PETER SCAPING, longtime GM of British label trade organization BPI.

- Matty Karas (@troubledoll), curator
everything ecstatic
Music Week
Four Tet wins streaming royalties battle with Domino - could it now set a legal precedent?
By Andre Paine
The public acknowledgement from a large record label on treating streaming income as a licence rather than sale could establish a commercial precedent, which would then inevitably be used in arguments for separate legal disputes that centre on streaming royalties. 
Freak Music Club
T-Bone Burnett's Ionic Original Technology and Dylan's New 'Blowin' In The Wind' (Pt.2)
The question T-Bone Burnett asked was: have there been scientific advancements that can be used to keep the good aspects of acetate while eliminating the bad? What he found (with some help from Georgia Tech) was an acetate that can be played 1000's of times without degradation.
The Charlotte Observer
Stripper poles, fireplaces, recording studios: Inside musicians' luxury buses made in NC
By Gabe Castro-Root
Musicians on tour spend plenty of time on the road, traveling from venue to venue. And it's Justin Ward's job to ensure they get to their destination as quickly and comfortably as possible.
Vulture
A Brief History of the Club Music Drake Attempts on 'Honestly, Nevermind'
By Lawrence Burney
How did Baltimore club make its way, three decades later, into Drake's Canadian hands? The clues were all there.
Los Angeles Times
Lizzo's building a positivity empire with pop music, shapewear and now reality TV
By Tim Grierson
With her dance competition series "Lizzo's Watch Out for the Big Grrrls," and a new project she can't yet discuss, the singer is embracing her journey -- and herself.
The Guardian
Why are big festivals like Glastonbury so white?
By Stephanie Phillips
Lenny Henry was right to raise the lack of diversity at these events, says journalist and musician Stephanie Phillips.
Variety
Black Music Action Coalition Issues Damning Report on Country Music's Scant Black Representation
By Chris Willman
The Black Music Action Coalition has issued a report on representation for Blacks and other people of color in mainstream country music, and, probably unsurprisingly to anyone who has followed the genre and some of its attendant racial controversies, the picture painted isn't a pretty one.
BBC
The great 16th-Century black composer erased from history
By Holly Williams
For hundreds of years, the remarkable Vicente Lusitano has been forgotten. But now, finally, both his music and his story are being heard once more.
Music Business Worldwide
Major music companies lost billions in value last week after a report led people to believe streaming subscriptions are 'shrinking' in the UK. MBW doesn't think that idea smells quite right -- and we're not alone
By Tim Ingham
A million UK subscribers quitting their music services in a given quarter is… actually kind of expected.
Mixmag
Unshakeable truth-seeker: Dom Phillips' burning love for humanity fuelled his brave journalism
By Frank Broughton
Frank Broughton pays tribute to his close friend and former Mixmag editor Dom Phillips, a curious and courageous journalist who was working to protect the world.
rounds
Africa is a Country
Punks of the Witwatersrand
By Chris Webb
The Rise and Fall of National Wake, South Africa's first multiracial punk band at the height of apartheid, that sang about state violence and political freedoms.
Texas Monthly
Why the Best Musicians in the Country Descend on an 81-Person Texas Town
By Molly Glentzer
Pianist James Dick has spent half a century crafting the Round Top Festival Institute into a world-class destination for classical musicians.
Bloomberg Opinion
Music Labels Are Spending a Bit Too Much Time on TikTok
By Trung Phan
The short video app is a great vehicle for promoting new songs, but pressuring performers to prove their selling power on social media will likely backfire.
Music Ally
The majors' defence of intellectual property rights is a key barrier to music/tech startups
By Allan Watson and Andrew Leyshon
Strong tensions still exist between music and tech – due to the music industry's business model of intellectual property capitalism, and the legacy effects of preceding waves of music tech platforms.
The Guardian
'I got robbed of my 20s': Sky Ferreira on fighting her record label -- and refusing to compromise
By Laura Snapes
Since the release of her only album nine years ago, Ferreira has become pop's greatest enigma. As she attempts her second, she talks about being set up to fail -- and how she missed out on playing Madonna.
InsideHook
What Does Music Taste Like? This Group Will Show You
By Kirk Miller
How one New York organization is enhancing wine tastings with scientifically-designed playlists -- and making your drink better
VICE
I Went to the First Ever Glastonbury in 1970
By Danny Wright
Lynne Telfer was only 17 when she attended the first incarnation of the now-legendary music festival.
The Washington Post
The music of John Williams is more than just Hollywood movie scores
By Michael Andor Brodeur
The 90-year-old composer is being honored June 23 at the Kennedy Center with a National Symphony Orchestra birthday bash featuring Yo-Yo Ma, Steven Spielberg and Anne-Sophie Mutter.
KCRW
World's first LGBTQ+ mariachi band offers safe space to perform
By Giuliana Mayo
Mariachi Arcoiris is the first LGBTQ+ mariachi band in the world. Carlos Samaniego, its founder and director, talks about walking the fine line between belonging to the LGBTQ+ community and the Mexican community.
MusicTech
How LimeWire, Winamp, Napster and more internet relics are finding new life in Web3
By Clovis McEvoy
P2P and piracy-fuelled software are sailing the unexplored seas of Web3 - but will they bring about genuine change this time around?
what we're into
Music of the day
"Break My Soul"
Beyoncé
Drake... Bey... One more and we'll officially have a trend. From "Renaissance," out July 29 on Parkwood/Columbia.
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