Sundtempest

Reporting, analysis, and opinions on the latest trends and developments in the music industry.

Bill Requiring Performance Royalties from Radio Moves Through House

The U.S. House of Representatives Judiciary Committee has passed the Performing Rights Act, a piece of legislation that would require terrestrial radio stations to pay royalties to performers in broadcasted recordings. A similar royalty exists for satellite and internet radio, but there is of course significant debate over this issue.

While labels and performing artists across the country have reason to be happy, there’s still a long way to go. The bill still needs to pass the full House vote as well as the Senate, not to mention that the version which passed is different than the one originally presented - something that must be addressed in the near future.

Some, like Mike Masnick at Techdirt, have claimed that this bill is merely a “bailout” for the RIAA and artists like Britney Spears. In the face of this rather unsubstantial argument, one would be wise to consider that the United States is one of four governments in the world that does not impose a performance royalty to, you know, pay people for using their work.

The other three countries who are on the same side as us on this issue? North Korea, China and Congo.

Modified Performance Rights Act Passes in the House [MediaBuyerPlanner]

France to Punish Pirates With Internet Cutoff

The French National Assembly today passed legislation that sets up a “three strikes” system for those who pirate movies and music online. First time offenders will receive a warning via email. If they continue illicit downloading (or perhaps uploading - the original article doesn’t specify) they’ll get another warning through snail mail. After a third and final infraction, their internet access will be shut down for a year.

The technical details of this bill were not immediately clear, such as whether offenders’ home internet would be shut down or whether they would be somehow ‘blacklisted’ by multiple ISPs and access points. However, compared to the fines in the United States, this is a much more reasonable punishment that is in line with what the RIAA has promised to do in the future.

What do you think? Is it tough enough, too harsh, or not much of a deterrent?

France adopts tough internet bill [Straits Times]

Musicians: How to Make Lasagna

OK, so this is entirely unrelated to the music industry, but cooking is something I do when I’m taking a break from music. It helps stimulate the creative juices. And who doesn’t love lasagna? It’s relatively inexpensive to make, tastes great, and can be put into containers or frozen to eat later. Lasagna rules. Here’s how to make it.

You need…

1. Lasagna noodles. No other noodles will suffice! You can get fancy homemade noodles from a farmer’s market, but store-bought ones will work just as well. Check out this 9oz box from Barilla.

2. At a minimum, ricotta and mozzarella cheese. How much you use depends on how cheesy you want your lasagna, but at least a cup of ricotta is definitely recommended. You can also add parmesan cheese as well - if you can afford it, get the kind that comes in actual blocks, not the cheapo Kraft stuff.

3. A jar of marinara sauce. Sure, you can make your own sauce, but we’re trying to keep this simple. Emeril’s Homestyle Marinara is absolutely great, if you can find it.

4. About a pound of ground beef and/or various veggies like spinach and mushrooms. This is optional, but the filling is what makes lasagna so good.

5. A 13×9″ baking pan, or something around that size.

How to Prepare

1. Start by boiling a large pot of water and putting in between 6 and 9 noodles. Generally speaking, you will be laying the noodles down lengthwise along the pan. 3 noodles stacked side by side should cover the whole thing, and you’ll want at least two layers, so 6 noodles is a good minimum. Of course, you can always have more. Remember when you put in your pasta to add some salt!

2. In a saucepan, heat up some vegetable oil (canola or safflower, preferably.) If you want to be fancy, throw in some chopped onion pieces and brown them for some extra flavor. Then, add your beef, if you have any. If you don’t, you can either sauté the veggies in that pan or steam them elsewhere. Remember to drain excess fat and oil as you go along.

3. Once the beef/veggies are almost done, dump the jar of marinara into the pan. It might seem like a lot, but you’ll need it. At this point, add various spices until you like the taste of the sauce. The flavor is up to you. I like adding garlic, basil and oregano. You can find “Italian Seasoning” or “Pasta Seasoning” in the spice section of most supermarkets, and these will really help. You can continue to thicken the sauce over low to medium heat if you prefer a different consistency.

4. By the time the sauce is ready, the noodles probably will be as well. Strain and rinse them (you don’t want the excess starch!) then get out your baking pan. Start preheating the oven to 350 degrees. Pour a thin layer of sauce to cover the bottom of the pan. Next, lay down three noodles in the method mentioned earlier. The noodles should almost entirely cover the pan, leaving little sauce showing.

5. Layer another thin spread of sauce on top of the noodles, followed by spoonfuls of ricotta cheese. You can spread the ricotta with a spoon or your fingers. Add as much of this cheese as you like, but it doesn’t need to literally cover the whole pan. You’ll want some grated mozzarella and parmesan next. This part really isn’t a precise science; just add as much as you’d like. You’ll be doing this at least one more time though, so don’t waste any.

6. Lay down three more noodles, followed by more sauce, ricotta and other cheeses. You can do this step as much as you want to make really thick lasagna, but keep the same order of ingredients, ending with the mozzarella and parmesan on top. I’ve seen the order vary from site to site. Some people say you should go noodles -> mozz -> sauce -> parm, but it doesn’t really matter. The advantage of doing it my way is that the noodles are always touching a layer of sauce. If you use the other order, the noodles are sandwiched between layers of cheese, which doesn’t sound as appealing to me.

7. Put the pan in the oven and bake at 350 degrees and until the cheese on top starts to become golden brown. This should be about 15-20 minutes. Once it’s done, take it out and enjoy! Your home-cooked meal should last you at least a few days.

Have you been reading this post but not making the recipe? If so, you should be making it and not reading. Well, reading while making it. Anyway, here’s a picture of some lasagna.

U.K. Government Sets Up Rehearsal Spaces for Musicians

In a powerful show of support for the arts, the government of the United Kingdom is putting forth £500,000 ($755,550 U.S.) to open public rehearsal spaces for bands. Ten of these “fully-equipped” spaces will be set up by the end of 2009, placed strategically in various locations across the U.K.: Liverpool, Norfolk, Bristol, Hastings and Manchester, to name a few. The first space has already opened in the Knotty Ash Youth Center where the Beatles played in 1962.

The program is being co-developed by Feargal Sharkey, a former member of punk rock band The Undertones, with the goal of improving the culture for youths in otherwise “deprived” areas.

In an era where nearly all forms of music revenue (even live performance) are falling, should government funding of music be something to consider as a solution?

Government funds music rehearsals

How to Get Rid of Writer’s Block

Just finished up and posted a new guide! This one is mainly oriented at musicians, but really, if you’re in any creative field you’ll probably get something out of it. It’s called How to Get Rid of Writer’s Block and it covers five techniques that any musician in any field can apply.

Check it out, and don’t forget to leave comments about tips and techniques that have worked for you!

MySpace Music Attracts Traffic, But Not Cash

Love it or hate it, MySpace has always been a haven for musicians and fans. Plus, while Facebook has eclipsed it in popularity, MySpace is still one of the most heavily-trafficked websites in the world. These facts are perhaps what led to the creation of MySpace Music, essentially just another digital distributor, eight months ago.

As it turns out, the major label partners in the MySpace Music venture are not so happy with its performance, evidently pretty poor in terms of revenue but pretty good in terms of traffic. At a recent board meeting, a cnet source described the discussions as “tense”, with MySpace Music CEO Courtney Holt ultimately admitting the service needs work.

Nate Lanxon of Crave accurately summed up the problems with the venture:

“That kids on MySpace aren’t spending money on downloads shouldn’t surprise anyone. The social network is not the vehicle for sales that record executives believe it should be — a huge user base doesn’t equal a huge customer base.”

His proposed solution to help improve revenue was straightforward enough:

“Fans don’t just want what everyone else can get — they want mountains of special stuff, and stuff they can’t get elsewhere. For MySpace Music to really shine, this is what it needs to be pushing, and it’ll need bands themselves to be advertising it — they’re the best mouths for promotions to be heard from.”

On a side note, this situation provides concrete proof to an argument I’ve put forth against people that suggest artists should give away lots of music to attract fans; just because you have a lot of fans doesn’t mean you’ll have a lot of sales. And yes, I know that you need fans to generate sales, but if you are getting fans (that are most likely not going to result in ‘conversions’) at the expense of sales then that’s just not good.

Labels dissatisfied with MySpace Music performance [cnet]

Ticketmaster Sued Over Price-Gouging Scheme

There might be a lot of debate in the music industry over issues like piracy and intellectual property, but one thing everyone can agree on is how much they dislike Ticketmaster. So, if you’ve ever dealt with them, you’ll be happy to know that two women from New Jersey are taking the reviled ticket monopoly to court.

This time, it’s the same issue that came up earlier this year. Ticketmaster has a subsidiary, TicketsNow, which essentially deals in legal scalping of tickets. Sounds OK, free market and all, right? Not when Ticketmaster decides to ‘accidentally’ dump all of their standard price event tickets into TicketsNow, which of course results in jacked-up prices.

It’s bad enough that Ticketmaster tends to make exclusive agreements with venues and nickel-and-dime concertgoers with fees, but this kind of stuff is outrageous. It’s also another reason why nobody should be looking forward to the upcoming merger of Ticketmaster and Live Nation. Let’s hope the two women taking on this corporation see some justice served.

N.J. Music Fans Sue Ticketmaster over Pricing [USA Today]

Artists: Stop Focusing on MySpace!

Web marketing and social media expert Eric Hebert has posted a great article over at Music Think Tank. The gist of it is that with the latest web tools out there, youll get a lot more power and flexibility with a custom website than the de facto artist standard, MySpace. For example, you can’t integrate your own storefront on a MySpace page, nor can you access the emails of your ‘friends’.

A lot of the stuff Herbert is talking about about - Wordpress, Instinct e-commerce and Google Analytics - is quite applicable to any web-based business, so it’s worth a read whether you’re an artist or not.

Forget MySpace: How to Build the Ultimate Website to Interact With Your Fans [Music Think Tank]

Recording Industry Battles Radio Industry Over Performance Royalties

The laws regarding music being broadcast on the radio - any kind of radio - are pretty confusing and counter-intuitive. For example, if a Lady Gaga song is played on your local terrestrial pop radio station, the person who wrote that song gets paid (as well as their publisher), but Ms. Gaga gets nothing. On the other hand, if that same song is played on satellite radio or online, not only does Gaga get cash but so does her label and all the musicians who performed on the track.

The United States is one of only a handful of nations in the entire world that does not have a performance royalty for terrestrial radio airplay. Many musicians and record labels are trying to change this by lobbying Congress for the “Performance Rights Act” which would grant such a royalty. The advocacy group pushing this effort is known as musicFIRST.

Of course, radio stations, which have historically resisted every attempt at ‘taxation’ of their revenue, have been counter-lobbying with their own bill: the “Local Radio Freedom Act”. This would prevent Congress from imposing any new royalties on broadcasters, claiming that radio has been free promotion for the recording industry, who should be thankful for it.

What’s your opinion? Do recording artists and other performers deserve a royalty for getting played on the radio?

Royalty Ruling Looms for Radio Stations, Musicians [boston.com]

Four-Year Study Reveals No Change in Big Radio Playlists

Even considering the rampant prevalence of music piracy and the devaluation of music in general, it’s a pretty good time to be an independent musician. It’s much easier to distribute and broadcast your music now than it ever has been before, but one channel remains dead-set in the old ways. No, not physical distribution, but traditional radio.

The non-profit Future of Music Coalition, a sort of music industry think-tank generally representing independent music, conducted a study examining the state of radio over a four year period from 2005 to 2008. Their conclusion was that the composition of terrestrial radio playlists - ie. the ratio of major to independent artists - remained essentially unchanged over that period.

Needless to say, the percentage of independent music being played has remained at a rather minimal 12-14%, compared to a major label percentage of 78-82%. The remainder of the music was split between Disney, “mixed legacy” and no label or “to be determined”.

While 12-14% doesn’t sound all that bad, consider that independent music accounts for at least 30% of all released music (a figure that is probably very conservative.) Additionally, a label can be classified as independent even if it has major label distribution. As a result, plays of Nickelback count as “independent”; ten independent labels, releasing 56% of new indie label songs, ended up getting the lion’s share or 96% of radio plays.

The study also went into some depth about radio formats, such as Adult Contemporary vs. Country vs. Contemporary Hits Radio/Pop (those didn’t change much either) as well as the reliance of major labels on hit songs. You can read the whole study by following the link at the bottom of this post.

Same Old Song: An Analysis of Radio Playlists in a Post-FCC Consent Decree World [Future of Music Coalition]