[Dixielandjazz] Re: Copyright discussion
Elazar Brandt
jazzmin@actcom.net.il
Sun, 3 Nov 2002 02:05:48 +0200
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Shalom Jazz fans,
I missed a lot of the copyright discussion, but had to add my 2 shekels' worth anyway, because I'm starting to put down some tracks
(self-produced) for a demo CD. Don't even know if we're going to try to sell it yet.
Back in California, I was in a religious jazz band that was pretty good, and we tried to produce a cassette of an hour's worth of
our best material. Actually it was our arrangements of contemporary songs by composers and performers who were personal friends of
ours. Well, surprise, surprise, it was still a nightmare dealing with copyrights. We wouldn't have dreamed of taking advantage of
friends and musical colleagues. We were 100% prepared to do everything by the book. Oy, vey! This one didn't want any money (do we
need that in writing?). That one couldn't remember who owns the rights. Another one claimed to own the rights of someone else's
songs because they were included in an album he produced. Some of the songs were folk songs, and we thought, public domain, but we
couldn't determine with certainty. Then one fellow insisted on a license for 1000 copies, while our initial run, all work done
in-house with our own hot little hands, was only 100 copies. In the end, we never even sold all the 100. And that involved dealing
entirely with personal friends.
Now I'm getting ready to produce a CD with music by artists who are long dead, and I've put out substantial effort and expense to
keep their music alive. As we all know, many of these same composers and performers never made it big in their own lifetimes. Some
made it and lost it and died in poverty. Many contracted with lawyers and agents and publishers and were cheated out of the coats
off their backs. Ask me if I care whether some fat-cat who thinks he owns the world gets his 8.5 cents per song per copy. I'll care
when he cares if I get my return on my work. Let them scare us littler guys out of the market, or sue us into oblivion, until there
is no more OKOM in the world, and then they can choke on all the rap and techno they can swallow.
Aren't most of us OKOM players and fans generally conservative, law-abiding, decent chaps? I report and pay taxes on money I make
busking in the street. I'm not trying to cheat anyone. Neither, would I guess, is anyone on this list. But what am I buying for my
8.5 cents per? The right to blow air through my horn, and it comes out sounding something like what another poor schlep played 100
years ago? And if people hear it and like it they might buy a recording of it that I made myself, or pay me to play for them? And
some idiot sitting in an office in New York thinks he owns that?
Anyone for a musicians' revolt? Are we mad as hell and we're not going to take it anymore? Sure, let the copyrights protect the
composers and performers and their families. No problem there. But when it gets so expensive and complicated that people stop
performing and recording, and that because of 3rd parties who care only about making a buck off other people's work, what's that
about?
Now if you'll excuse me, I need to go record the tuba part to "Saint James Infirmary".
Elazar "mad as hell" Brandt
bringing you the world's happiest music
<www.israel.net/ministry-of-jazz>
Tel: +972-2-679-2537
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<META content=3D"MSHTML 5.50.4134.100" name=3DGENERATOR></HEAD>
<BODY>
<DIV><SPAN class=3D930565522-02112002><FONT size=3D2>Shalom Jazz=20
fans,</FONT></SPAN></DIV>
<DIV><SPAN class=3D930565522-02112002><FONT =
size=3D2></FONT></SPAN> </DIV>
<DIV><SPAN class=3D930565522-02112002><FONT size=3D2>I missed a lot of =
the copyright=20
discussion, but had to add my 2 shekels' worth anyway, because I'm =
starting to=20
put down some tracks (self-produced) for a demo CD. Don't even know if =
we're=20
going to try to sell it yet.</FONT></SPAN></DIV>
<DIV><SPAN class=3D930565522-02112002><FONT =
size=3D2></FONT></SPAN> </DIV>
<DIV><SPAN class=3D930565522-02112002><FONT size=3D2>Back in California, =
I was in a=20
religious jazz band that was pretty good, and we tried to produce a =
cassette of=20
an hour's worth of our best material. Actually it was our arrangements =
of=20
contemporary songs by composers and performers who were personal friends =
of=20
ours. Well, surprise, surprise, it was still a nightmare dealing with=20
copyrights. We wouldn't have dreamed of taking advantage of friends and =
musical=20
colleagues. We were 100% prepared to do everything by the book. Oy, vey! =
This=20
one didn't want any money (do we need that in writing?). That one =
couldn't=20
remember who owns the rights. Another one claimed to own the rights of =
someone=20
else's songs because they were included in an album he produced. Some of =
the=20
songs were folk songs, and we thought, public domain, but we couldn't =
determine=20
with certainty. Then one fellow insisted on a license for 1000 copies, =
while our=20
initial run, all work done in-house with our own hot little hands, was =
only 100=20
copies. In the end, we never even sold all the 100. And that involved =
dealing=20
entirely with personal friends.</FONT></SPAN></DIV>
<DIV><SPAN class=3D930565522-02112002><FONT =
size=3D2></FONT></SPAN> </DIV>
<DIV><SPAN class=3D930565522-02112002><FONT size=3D2>Now I'm getting =
ready to=20
produce a CD with music by artists who are long dead, and I've put out=20
substantial effort and expense to keep their music alive. As we all =
know, many=20
of these same composers and performers never made it big in their =
own=20
lifetimes. Some made it and lost it and died in poverty. Many contracted =
with=20
lawyers and agents and publishers and were cheated out of the coats off =
their=20
backs. Ask me if I care whether some fat-cat who thinks he owns the =
world=20
gets his 8.5 cents per song per copy. I'll care when he cares if I get =
my return=20
on my work. Let them scare us littler guys out of the market, or sue us =
into=20
oblivion, until there is no more OKOM in the world, and then they can =
choke on=20
all the rap and techno they can swallow.</FONT></SPAN></DIV>
<DIV><SPAN class=3D930565522-02112002><FONT =
size=3D2></FONT></SPAN> </DIV>
<DIV><SPAN class=3D930565522-02112002><FONT size=3D2>Aren't most of us =
OKOM players=20
and fans generally conservative, law-abiding, decent chaps? I report and =
pay=20
taxes on money I make busking in the street. I'm not trying to cheat =
anyone.=20
Neither, would I guess, is anyone on this list. But what am I =
buying for my=20
8.5 cents per? The right to blow air through my horn, and it comes out =
sounding=20
something like what another poor schlep played 100 years ago? And if =
people hear=20
it and like it they might buy a recording of it that I made myself, or =
pay me to=20
play for them? And some idiot sitting in an office in New York thinks he =
owns=20
that?</FONT></SPAN></DIV>
<DIV><SPAN class=3D930565522-02112002><FONT =
size=3D2></FONT></SPAN> </DIV>
<DIV><SPAN class=3D930565522-02112002><FONT size=3D2>Anyone for a =
musicians' revolt?=20
Are we mad as hell and we're not going to take it anymore? Sure, let the =
copyrights protect the composers and performers and their families. No =
problem=20
there. But when it gets so expensive and complicated that people stop =
performing=20
and recording, and that because of 3rd parties who care only about =
making a buck=20
off other people's work, what's that about?</FONT></SPAN></DIV>
<DIV><SPAN class=3D930565522-02112002><FONT =
size=3D2></FONT></SPAN> </DIV>
<DIV><SPAN class=3D930565522-02112002><FONT size=3D2>Now if you'll =
excuse me, I need=20
to go record the tuba part to "Saint James =
Infirmary".</FONT></SPAN></DIV>
<DIV><SPAN class=3D930565522-02112002><FONT =
size=3D2></FONT></SPAN> </DIV>
<DIV><SPAN class=3D930565522-02112002><FONT size=3D2>Elazar "mad as =
hell"=20
Brandt</FONT></SPAN></DIV>
<DIV><SPAN class=3D930565522-02112002></SPAN><SPAN =
class=3D930565522-02112002><FONT=20
size=3D2>bringing you the world's happiest music</FONT></SPAN></DIV>
<DIV><SPAN class=3D930565522-02112002><FONT=20
size=3D2><www.israel.net/ministry-of-jazz><BR>Tel: =
+972-2-679-2537</FONT>=20
</DIV></SPAN></BODY></HTML>
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