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From:
Stirling Newberry <[log in to unmask]>
Date:
Thu, 20 Jan 2000 17:19:49 -0800
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one of the major reasons for the growth of MP3 as a format comes from
artists.  The world of recorded music divides into haves and have nots.
While there are a few different ways to be a have, what it boils down to
is a few people get to have their music presented, and many do not.

In the world of pop there is often no good reason for the distinction,
because many of the successful acts are prefabricated anyway.  There are
also hundreds of ahrdworking local bands who, while they are not, yet, top
40 material want to build a fan base, tour and work on getting to the point
of being a have - getting a record contract.

The world of classical music is even worse - there are even more worthy
musicians who are unknown, and since many people don't go into classical
with the dream of being filthy rich - many don't take every moment to
self-promote and tend to celebrity.  And hence are not heard outside of
very small venues.  I think there were 40 people in the audience when I
heard the Manon String Quartet perform Berg's Lyric Suite - but it was one
of the best performances of anything by anyone I have epxerienced.

MP3 seemed to offer a way out - no middle man, put it out, self-promote,
and let time take its course.  MP3 players meant people could listen to
their favorite tracks, and semi-CDs were even possible.

However there is a fly in the ointmnent and it is one which is well known
- the desire of pop artists to be reclassified as concert artists.  The
difference between the world of pop and the world of the concert artist was
well known even at the formation of ASCAP - concert music has a different
royalty schedule, and a different way of being counted.  This because
recordings are, to some extent, subsidiary to the activity of concert life.
Concertising is the base, and recordings a way of broadening the reach.
For recording artists the situation is refversed - the recording is key
and "touring" supports the recording.

Because of the prestige, economic advantages, and the smaller size of the
pond, there is a tremendous temptation to "Cross over".  Both BMI and SCAP
encourage this to some extent, but keep the reigns on things carefully.  It
would not take much for the classical and jazz worlds to take a walk.  And
while they are small, they are also very profitable over the long haul and
have a constiuencey.  Gershwin is still pulling in money for ASCAP.

MP3.com allows artist to self-catagorise, and thereby violating any
agreement they might have with ASCAP and BMI.  After all, if getting into
the concert music royalty structure were as easy as slapping a sticker on
things, then every garage band in the world would do it.  If MP3.com does
not take reasonable measures to enforce this difference, ASCAP is well
within its rights to insist that every ASCAP artist pull every work from
MP3.com, and BMI could do likewise.

The particular parasite causing this problem in the present is not
important, his name should not even be mentioned because any publicity
will make him stronger - in the short run.  However what he is doing is
destroying the credibility of mp3.com as a source for classical music, this
particular parasite perpetually dominates the classical charts, and gets a
great deal of the playing royalites from MP3.com - almost 1% of the total
handed out so far.  What this does is make it impossible for classical
music lovers to say "go here for what is new and unknown." Because what is
new and unknown is buried beneath mounds of crap from basically one person.

This situation is not new, the solution is not new either - the classical
music world, all the way to the directors of major orchestras - have to lay
down the law about genre hopping.  Classical music must be willing to play
ball, but it must be willing to secure the same type of structure in the
internet space that it has in publishing and radio.

Stirling Newberry

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