[ABSTRACT] Appropriation and Copyrightability in Music Copyright

I Hate These Blurred Lines: Wrongful Appropriation and Copyrightability in Music Copyright

Academic/copyright post: here’s an abstract (pdf) of a paper that I’ll be presenting with Prof Wendy Gordon next week at Boston University Law School.

James Newton

Flautist and composer James Newton, whose work ‘Choir’ was sampled by the Beastie Boys in’ ‘Pass The Mic’.

This is based in part on an earlier paper that we presented at the Art of Record Production Conference in Aalborg, Denmark in December 2016, a draft of which is embedded below with voiceover and music examples. As this is an academic paper about music copyright, it contains musical excerpts from the original audio recording. My first attempt to embed the video resulted in an automatic takedown (academic fair use YouTube dispute is in progress), so I’m trying again with a Screencast embed. Because the video represents commentary and (not for profit) academic research, I’m continuing to claim fair use. Let’s see how long the audio survives!

Abstract: We have two concerns with music infringement trials: The first concern is the process by which juries decide questions of whether a defendant copied too much from a plaintiff’s work. (This is the inquiry sometimes known as “wrongful appropriation” or “substantial similarity”.) This paper discusses the challenges of methodology in forensic musicology, and the musical and psychological difficulties of applying the ‘substantial similarity’ test fairly and objectively. (Bonadio, 2016; Gordon, 2015). We present an analysis of three disputes, with comparative audio examples – The Isley Brothers/Michael Bolton (2001); Robin Thicke & Pharrell Williams/Marvin Gaye (2015); and Randy California/Led Zeppelin (2016).
Our second concern addresses copyright classifications, in particular, the contested relationship between the creative decisions that give rise to copyrights in “musical works” (compositions) and the creative decisions that give rise to “sound recordings” (sounds as rendered). We suggest that overlap between the two is common and should be better recognized. To illustrate the potential compositional contributions of performers and sound engineers, we utilize audio examples from Newton v. Diamond and other disputes.

[Read more…]

Interactive album apps to engage the listener #ARP2016

A new interactive music format for enhancing listener engagement with recorded music

Rob Toulson

(more about Rob’s research)

screen322x5721Rob begins with a discussion of what it means to manipulate music ‘not as the artist intended’, citing DJ culture, mashups, sampling, replaced drum beats etc, from the 1950s to the present day. In each case he’s referring to the manipulation of the final stereo mix.

Examples given include DJ Dangermouse’s The Black Album and NIN’s The Hand That Feeds, leading us to more recent works such as Rock Band/Guitar Hero, Bjork’s Biophillia app, and Gwilym Gold’s Tender Metal music app (2012), an album that never plays the same way twice. [Read more…]

The Ghost Producer : Beyond the Sound Engineer #arp2016

Amateur Recordings and The Ghost Producer : Beyond the Technical Interventions of the Sound Engineer

Marzin Florian

IMG_1622.jpgABSTRACT: Phil Spector’s ‘Wall of Sound’, George Martin as the « Fifth Beatle », Teo Macero and the bonding of solo takes. The years go and the myths remain the same. Largely borne by a wind of romanticism, the record producer is often described as this « mixing hero » who could transform any uninspired composition into a classic that will be sung by a whole generation. If this paradigm of the record producer makes the amateur musicians who want to reify their creations dream, this utopian representation of the recording process quickly encounters a more pragmatic reality. Generally prohibitively expensive, the services of such producers are most of the time inaccessible for artists who aren’t financially helped by record labels. Consequently, a majority of amateur recordings are made in the context of the home studio, or within professional studios where the personal is a priori exclusively employed to be responsible for technical tasks.
Focusing on this latter situation, I will base my presentation on an ethnographic study to explain how the « function » of the record producer stays omnipresent in an amateur session despite the fact that the « profession » of the record producer is neither explicitly neither contractually embodied by the studio personal. Linking audio takes with oral exchanges that occured during the session, I will show that the amateur studio experience and its common one-personal-team organization incite the sound engineer to constantly overstep his initial technical functions, being thus a new mediation in which the ghost of the record producer will express.
On the basis of this specific study case, I’ll more globally try to highlight the increasing porosity between the producer and the sound engineer that, blurring all the past rigorous conceptual boundaries, is being to generate a new paradigm of music production.

[Read more…]

MOOCs, online learning and disruption #ARP2016

MOOCs, online learning and the disruption of traditional education

Hans T. Zeiner Henriksen, University of Oslo

regular_8f559671-be48-458a-b427-c36a4b381b50ABSTRACT: Many large global industries have the last decade experienced major challenges in their way of operating caused by various forms of digitalization. Uber, Instagram, YouTube, iTunes and Spotify are all distributors of products and services that provide easy and inexpensive access to products and services without really producing anything themselves. In higher education business as usual is the general tendency, but the concern of new developments is starting to spread. Coursera, Udacity, edX and many others provide courses of high quality that reaches many students across the globe.
Music production courses are popular and are provided by several of these distributors (ex.: Introduction to Music Production from Berklee at Coursera). The Department of Musicology, in cooperation with the Department of Educational Technology, launched the first self-made MOOC at the University of Oslo via the virtual learning platform at FutureLearn for the first time in Febraury-March this year. It will be launched again in September- October, then in connection with an on-campus Bachelor course. In this presentation the future of traditional education will be discussed on the basis of our experience from producing and running a MOOC.

Hans begins with a description of MOOCs and an overview of providers via Coursera and EDx, focussing on Berklee’s Music Production courses – we see Prince Charles Alexander’s course as an example.

[Read more…]

Narrative Meaning in Camel’s The Snow Goose (1975, 2013) #ARP2016

Record Production and Narrative Meaning: Two Recordings of Camel’s The Snow Goose (1975, 2013)

Ryan Blakeley, University of Ottawa

camelABSTRACT: British progressive rock band Camel’s third studio record, Music Inspired by the Snow Goose (1975), is an instrumental narrative concept album that musically mirrors the story of author Paul Gallico’s novella The Snow Goose (1941). Despite the absence of lyrics, the band implement a number of strategies throughout the album to effectively convey a cohesive narrative; these include the use of paratexts, recurring musical material, the musical representation of events and emotions, as well as segues between the tracks. In 2013, nearly forty years after the album’s original release, Camel re-recorded The Snow Goose from scratch; while relatively faithful to the original record, this version features changes to orchestration, extensions to certain tracks, and a vast difference in production values.
In this paper, adopting a hermeneutic approach and drawing upon the work of Simon Zagorski- Thomas (2014) on meaning in record production, I interpret how certain aspects of the The Snow Goose’s production afford meaning to the music and investigate how these meanings may differ between the two recordings. Further, I conduct a comparative analysis of these two recordings of The Snow Goose in order to explore differences in production that largely arise due to technological advancements. Ultimately this paper seeks to not only indicate some significant changes in the record production process over a nearly forty-year timespan, but also to demonstrate how the production process itself can play a key role in providing narrative meaning to – and ultimately enriching – an instrumental popular music album.
Zagorski-Thomas, Simon. The Musicology of Record Production. Cambridge: Cambridge University Press, 2014.

Ryan’s categorises two types of concept album – connected narratives around a concept (e.g. Woody Guthrie) and specific linear narratives (e.g. Pink Floyd’s The Wall). The Snow Goose is the latter category – it tells the story of Paul Gallico’s 1941 novella.

[Read more…]

Contemporary Plugin Development #arp2016

Why Innovate When You Can Emulate? Exploring Contemporary Plugin
Development And Potential Innovation

Andrew Bourbon

cla-2a-compressor-limiterABSTRACT: As software driven approaches to mixing audio have become increasingly prevalent there has been a continuous improvement in quality in these digital mixing tools. Mix workflow in the box has developed through the established workflow presented by a traditional mixer, with the DAW offering a combination of the tape machine and the routing and processing matrix to the end user. One of the most common categories of plugin is represented by emulation, with classic hardware modeled often to component level by developers looking to create devices as measurably close as possible to a hardware reference.
The second category of contemporary plug-in development is based around tools, which rather than focusing on copying an established tool instead are targeting specific mix elements or sonic signatures. Some companies such as Waves have built on the reputations of mix engineers, offering users an insight into their sounds through named plugins. The CLA Signature Series and the Tony Maserati Signature Series are two such collections based around element specific processors. The CLA collection offers processing around commonly understood mix processes, with the Maserati drums instead featuring more descriptive parameters such as thump and snap.
The third category of plugin development incorporates plugins which rather than basing their approach on existing hardware tools or established mix practice are looking to incorporate new approaches to mix processing.
In this paper I am looking to analyse current developments, looking at these categories and how innovation can be incorporated into new mix tools. Emulation of tools leads to a mix economy based around knowledge of the tools and the re-creation of existing mix practice. New tools offer a unique opportunity, with direct access to the characteristics of sound. Through analyzing existing tools it is possible to understand the important characteristics, incorporating these into new contemporary mix processors.

Today’s presentation was inspired, Andrew says, by a conversation he had with the head of an [unnamed] Pro Audio company, who stated that he was looking to develop more mass-market hardware products with fewer features in a ‘race to the bottom’. Andrew’s disappointment with this conversation has led him to investigate categories of plugins.

[Read more…]

Black Magic: Shaping Audience Conceptions of Recording Practice #arp2016

Black Magic: Shaping Audience Conceptions of Recording Practice

Alan Williams, UMass Lowell

ABSTRACT

Recording practices were once closely guarded secrets – rarely remarked upon, barely acknowledged. But as public curiosity developed about the ever evolving sounds embodied in recordings, explanations and representations emerged that simultaneously served to reveal and obscure the processes that shaped the music that caught the ear of the listener. This presentation examines the formation of three distinct mythologies – technology as magical wizardry; technology as musical sham; and technology as marker of nostalgic value. In the first thread, audio technology is harnessed by creative geniuses, working in a realm far removed from the normative listener and/ or musician. In the second thread, audio technology is seen as bestowing talent where none exists, manufacturing inherently inauthentic product, and implanting the uncomfortable notion that all musical performance is potentially a sham. The third thread exhibits a selective memory that praises some forms of technology, while rejecting others, often posited as past versus present.
Building upon the work of Barthes, Théberge, Taylor, Keightley, and others, I will analyze media representations of recording practice from literature, film, television, and Internet memes to illustrate how each mythology is constructed and disseminated, and in turn how these mythologies inform the listener’s experience of recorded audio, and musical creation in general.

Alan’s first slide covers mythology and marketing, and he outlines the technological literacies he intends to discuss by playing Jerry Lewis meets the Theremin from The Delinquent Detective (1956):

He speculates that the scary/sci-fi 1950s context of the theremin was possibly a cultural allusion to the scary nature of Elvis, whom Lewis impersonates in the Theremin scene. [Read more…]