A View From The Keg…

Ever go into a store and suddenly realize that you are no longer someone who should be a patron of that store? Or how about walking into one of the big box stores and going through their CD section and only spying a handful of artists you’re familiar with. What’s more, the ones you are familiar with haven’t been recording in the “mainstream” for at least 5 years or so.

Well, that’s how I felt today walking through my local box store. It’s also how I felt a few weeks ago upon entering the Levi’s outlet to buy some new jeans. What do jeans have to do with CDs? Everything, when you feel as though you’re too old to be purchasing either. The jeans I wanted were the ones I was wearing. When I asked the clerk (who was probably younger than my jeans) where this style was, he told me they no longer made them. He directed me to the baggy jeans hanging off your hips section, where I found absolutely nothing I would consider wearing.

It’s probably good that I didn’t consider updating my “style” to the Church Of What’s Happening Now, because I may not have been be able to travel to Atlanta in the future, as they appear to be considering a ban on such pants. And if you simply Google the phrase “baggy jeans outlawed”, check out what you come up with. It appears Atlanta isn’t alone, and I might not have been able to travel to a number of cities. I guess now that’s smoking is coming under control, the powers that be are turning toward an equally menacing problem confronting us today: miscreants in baggy pants.

I wish they’d take aim at what I believe to be a far bigger problem facing us today: crap in the CD section. I mean, who are these people? (Note that I hesitate to call them “artists” more than once in the same post). Where did they all come from? Who found them? Are those that did still working at the record label that signed them? Ah, questions. Questions that will never be answered. But damn well should be.

The music industry complains of sagging sales, yet does absolutely nothing to improve the quality of its product. Wait – I shouldn’t actually say that. The packaging and artwork looked really beautiful. Ever wonder why they don’t let you check out a new record in the store before you buy it anymore? I do. Whatever happened to the record geeks, those folks working in the stores who seemed to know the most minute detail of just about any artist you could ask them about? I miss those people! I learned so much about what to buy (and what to shy away from) talking to them. We need people like that to help the industry, but the industry doesn’t think so. They have radio to help them. Radio and music television. But not MTV – oh no! MTV fancies itself an actual television network now, so they don’t really play music all that much anymore. Of course, that’s probably a good thing, as we were all afraid of MTV when it previewed, and thought it would help bring about the death of music as we knew it. It took a little while, but it looks like we were right.

I guess the bottom line is this: I am no longer being marketed to. On the one hand, that’s a good thing. I hated being the focus of “marketing”. On the other, it’s a glaring example of what’s wrong with the music industry. There’s nothing wrong promoting artists that only the youth of today can relate to. It’s been that way since Benny Goodman, and it will stay that way. But when the industry alienates an entire segment of the population by dispensing with artists as they mature, we all lose. Even the kids. Hey, they’re going to be my age a lot sooner than they’d like to believe (I know first hand!). When the demographic with the most buying power is overlooked by the music industry, it makes no sense. These days, it seems as though the only place to find music from the artists we grew up with is on the Internet. Good for the artist in one sense, because it can eliminate the middleman. Bad for the artist in others, because it requires mastering a technology that is moving at light speed, or paying someone to master it for them. Oh well, the world moves ever forward.

I did find glimmers of light in my trips to the jeans outlet and big box. I actually got a pair of pants that fit and remotely resemble the ones I’ve known and loved for so long.And there in the CD section of the big box, lonely and in need of a home, was the 35th anniversary edition of “The Power And The Glory” by Gentle Giant (one of my favorite bands of all time, as well as the first band I ever saw live in grade 8). Their singer, Derek Schulman, became an A&R rep for PolyGram (he signed Bon Jovi), and later became the president of Atco Records.

I also picked up “Canon” by Ani DiFranco, a woman who writes amazing lyrics and kicks ass. She also runs her own record company, Righteous Babe. This is an anthology of her work over the past decade or so, with some new tunes and new versions of a few older tunes thrown into the mix.

Maybe the industry should simply get out of the way and let musicians run things…

As most of you are probably aware, I get the opportunity to play music with my friends James Mabry, Jay Turner and Linwood Taylor several times a year at a restaurant in the Maryland suburbs of Washington, D.C. called the Outta The Way Cafe. I’ve been playing at the OTWC regularly for at least 15 years or so (with the exception of a 2 year hiatus from live performing some years back), but my first gig there was nearly 20 years ago (with Deanna Bogart, I believe). I love this place – the room itself, as well as the owners and people who work there. They have always treated me (and the other musicians) with the utmost respect, and they’ve gone to great lengths to take care of us while we’re there. Believe it or not, many venues don’t afford musicians respect or courtesy at all. I don’t pretend to know why that is, but it’s something you come to expect as a working musician and, after a while, you don’t even notice it anymore. Which is why you notice the treatment you receive at a place like the OTWC.

This past show (June 16) was yet another display of their kindness. It was also an exceptional evening of music (if I do say so myself). If you’ve never been to the OTWC, you have to understand that many of the same folks show up to hear us play at each gig. Some of these people have been coming to see us for years, so they have a tendency to know the difference between an average performance and an exceptional one. I actually think they have a better idea when that’s happening than we do! It’s often hard to “see the forest for the trees” when you’re immersed in the process of making music. I had an inkling that the night was going well, but I wasn’t really sure until several people said they believed it was the best they’d seen us play. Not just recently, mind you – the best night they’d ever seen us! Needless to say, I came home feeling as though I’d been involved in something special. And let me tell you, those nights don’t happen very often. In fact, it had been a little over a year since I experienced a night of music that special.

That show was in Springfield, Mass. at a club called Theodore’s, during the (not nearly long enough) 2006 Nils Lofgren Band tour. On this particular night, the stars aligned in a very special way – the venue was a real “bar”, with a very funky vibe and the crowd practically on stage with us, and we were paid a visit by Charlie Pearson, a great rock singer that I worked with in the group Tears. Charlie basically introduced me to Nils back in 1979 (he was also the singer in 2 other legendary D.C. area bands: Charlie and The Pep Boys and The Dubonettes). While the sound may not have been the greatest that night, the band was on fire. We finally got inside the new tunes we were playing from the “Sacred Weapon” record, and the older tunes in the set seemed to have new life. For the encore, Charlie came up and sang a couple tunes with us, and I was magically transported back to ‘79, playing with Tears at Desperado’s in Georgetown with Nils sitting in. It was a very surreal experience. I’ll tell you this: if (God forbid) I never have the chance to play with Nils again, at least we went out on a very high note! Note: If you’re interested in reading more about that tour, click here. You can also read an article about Theodore’s (with excerpts from my April ‘06 update) by clicking here.

Why do nights such as Theodore’s and the 6/16 OTWC show happen so sporadically? No one can know for sure, but I have a few ideas about it. I think, first and foremost, it’s the vibe of the venue. Although this isn’t always the case (indeed, I’ve been a part of some pretty spectacular shows in venues that had marginal vibes), it is a primary factor. When I say “vibe”, I mean those intangible things that you just feel, coupled with obvious: the kindness and respect of the staff, size of the stage, quality of the sound system, etc. You can be missing a couple of those attributes and still come up with a great show, but only a couple. To me, the one thing you cannot be without is the kindness and respect of the staff. Places like the OTWC and Theodore’s realize this on. As a result, they are paving the way for a great night of music. Mind you, having all the pieces of the puzzle in place doesn’t guarantee a stellar performance. If only it were that easy! My point is, just as we have to show up prepared to do our gig, the venue must be prepared to enable the best performance possible.

So here’s to the venues across the U.S. and around the world like the OTWC and Theodore’s who go the extra mile to make musicians and their crews feel welcome. Whenever you see a great night of music, keep in mind that there are far more people to thank than just those of us on the stage.

When we musicians who are now approaching 50 started out, it was certainly a different time. Sure, we got into music for all the same reasons kids do today: freedom (girls), self expression (girls), girls (girls), the prospect of striking it rich (lots of girls), etc. But nowadays, it seems as though the only reasons kids get into to music is money. And many don’t even attempt learning how to play an instrument to accomplish this – they either DJ (which, when done well, can be cool), or they start rapping (which, when done well, can also be cool). But that’s not the point. I see so few young players with a true desire to understand the music, the history of their instrument, to blaze a new path into the future, that it makes me think there are none. I know this is an exaggeration, but you get the idea. And it saddens me.

Who can blame a kid today for not finding the time to pursue music as a career path? I mean, you’ve got computer games, soccer leagues, AP courses at school, TV – and the list goes on – competing for their attention (and their parents hard earned cash). Who has time? When I was younger, we had sports, music, or GI Joe’s – nothing even approaching the pursuits available to the kids of today. Combine that with the fact that music education in the schools has diminished to the point of virtual nonexistence, and I really shouldn’t be surprised by today’s lack of young musicians. When I was coming up, it seemed like there was a band on every block. It certainly doesn’t seem like that now. Or does it? Is there a band practicing away somewhere in your neighborhood? If so, let me know! I need to have my faith restored.

We need to fix this situation. Kids need to want to play for music’s sake, but it’s hard to be inspired to do that when the prospect of making money at it – any kind of money – is slowly reduced to standing on a corner, placing your open case on the ground, and seeing what happens? Actually, even that’s not as lucrative as it used to be (just ask violinist Joshua Bell).

It makes me happy to see the young people at the Outta The Way Cafe shows I do with the James Mabry Band. Every so often, I catch a glimpse of one of them really checking out the music, and I’m reminded of myself at their age. The look in their eyes says it all – music means something to them that you can’t exactly put into words. It speaks to them on a different level than the average person. This gives me hope! Not only for the possibility that I may be seeing a future player, someone who’ll take up the baton when we’re too tired or too old to gig anymore. I’m also seeing the possibility of someone like my Dad, who didn’t play an instrument after high school, but listened with the ear and heart of a musician for his entire life, and passed that along to me. Or someone like my Mom, who played great trombone throughout school (so I’ve been told), and kept her love of music alive by listening to just about any type of music with a keen ear. She also helped me a lot with learning to read music early on.

What I’m getting at is this: music education doesn’t always need to head toward a career in music. Neither does playing in a band. But they both will instill a love and knowledge of music that can be passed along to successive generations. Doing so will keep the music – real music, played by real musicians – alive for a long time to come. And we need that.

It’s a beautiful spring day, and I’m trying to decompress a bit by working outside. It’s nice, and I need it. I don’t take many vacations, but lately I’ve been feeling as though I need one.When this happens, it becomes difficult for me to focus on anything for more than a few minutes at a time. Unfortunately, nearly everything I do requires that I focus for far longer than a few minutes at a time. You see my dilemma. This is not a post about vacations, however. It’s about our future as recording (and performing) musicians.

I’ve just read an interesting point of view on the topic of making one’s music available free via one’s website. Due to several “next page” clicks, it seems longer than it is. Still, I think you should take the time to read what he has to say. Check it out here: http://www.alternet.org/stories/50416/. In a nutshell, the writer (Bob Ostertag, a San Francisco based musician) has decided to provide his entire catalog of music for free download via his website. That’s what I said – his entire catalog available for free via his website.

I understand his concept completely. I have to admit that I’ve mulled over providing my music free of charge, too. But there’s one thing the author doesn’t address that I found myself wondering then and now – how do we make money? Granted, making records (to me) isn’t really about the money, it’s about the music. But I believe professional musicians must maximize every source of revenue available to them. After all, the vast majority of us barely bring enough in to sustain ourselves.

We live in a society where nothing is free. And this seems to hold true for musicians more than most. Equipment isn’t cheap, although prices have come down substantially in the last decade or so. And we need a place to set up our equipment to create all this wonderful music we’re going to give away. Last time I looked, there were no subsidies available that covered free living/recording space for musicians. (If you happen to know of any, please tell me!).

So what are we to do? If you’ve read my previous posts re: Digital Rights Management, you probably know that I feel very strongly that people have the wrong idea about how the average musician makes money. Touring can be cost prohibitive, local venues are often few and far between, and teaching on a weekly basis requires an incredible amount of time beyond the actual lessons. (My friend Steve Larrance, teacher extraordinaire, tells me he sometimes feels more like a driver than a teacher, making his way through the Washington, D.C. area traffic to his lessons).

One of the few bright spots for the independent musician (read: one who’s not indentured to a label or playing for someone who is) is the ability to produce your own music for sale at gigs and via the Internet. So what happens when you take that avenue away by offering your entire catalog for free download? Tell me, how can you, in good conscience, sell a CD to someone at a gig when they can download the same material for free at your website? Granted, the better sound quality of the product is a selling point, but most people can’t hear the difference between .mp3’s and CD’s anyway. Artwork, which used to be a big selling point for albums, is reduced to little more than novelty when the covers are so small they can barely be read. And most artists have taken to posting lyrics on their websites, rather than including them in a format that’s virtually illegible to eyes belonging to anyone older than 15. It seems hopeless, doesn’t it?

If Mr. Ostertag has found a way to sustain himself that enables him to give away his artistic output, I think that’s wonderful! And I respect his right to do so. In a recent posting on his website, Mr. Ostertag says that many who have left comments on his story “missed the point”, and goes on to outline the points we missed. I understand that few of us make a lot of money from our recordings, particular when they are in any way experimental in nature. But I also believe we must not give away that which we’ve worked so hard to create. Those who suggest that we should help to undermine the search for a solution. Which, by the way, is not offered anywhere in his writings that I could find.

The problem is respect. Which, in my opinion, is something children today have even less of than we had as children – and our parents thought we had no respect for much, if anything at all! So long as teenagers, pre-teenagers, and young adults are allowed to continue stealing via the Internet, this situation (and debate) will continue. I will say it again, this is not a creative rights problem so much as it is a problem of not respecting that which is created by or belongs to others.

It amazes me when I sound like my parents now. But it doesn’t amaze me that they were right in their thinking. I actually figured that out several years ago…

In a perfect world, musicians, artists, and designers of ‘intellectual property’ would create and then sell their work at whatever price the market would bear. The sale (or license) of these works would include an implied ‘fair use’, meaning the purchaser could make a copy of the purchased work for his/her private use (read: a copy for your iPod, a copy for your home, a copy for your car, a backup copy in case of nuclear disaster, etc.). There would be no need to worry about anti-piracy measures, because there would be no piracy in the first place; people would recognize the intrinsic value of creative works and intellectual property, and have no qualms about paying the market price for such items. And those who decided to steal these works would be swiftly and strongly prosecuted. Unfortunately, we don’t live in such a world.

To me, the issue we should be discussing is not whether DRM is good or bad, it’s why it’s needed in the first place. We live in what we tend to believe is a civilized society; one in which the rule of law applies and keeps the majority of us walking the straight and narrow. But even the best of us break the law sometimes. Generally, it’s the laws we don’t agree with that we break. They have a tendency to be ‘victimless crimes’: speeding, pot smoking, etc. But occasionally, we break laws where we don’t see there’s a victim, and music/software piracy falls into that category.

I completely understand how it’s hard to see Microsoft, Adobe, and other large software companies as victims. After all, aren’t we the victims of their often obscene pricing schemes and monopolies? And as far as record companies go, I think they’re ripping off both the public and musicians. But what about the small, independent musician or software designer? Those of us who are trying to make a go of it on our own for various reasons are the hardest hit by piracy, and too many members of the listening/computing public refuse to recognize that. And it’s a shame.

The people who make comments such as those I mentioned in my last post are, to me, borderline delusional. I wonder how they would feel if they weren’t getting something for nothing, but rather having their property stolen? I imagine they would be singing a different tune, so to speak. I suppose that until those who steal and freely trade intellectual have their own intellectual property stolen, they’re never going to really get it. And, sadly, from the comments I’ve read, I doubt they’re going to have any intellectual property for sale any time soon.

I admit I’ve been guilty of using a ‘try before you buy’ program longer than I should have before registering or deleting it, but I’ve never stolen music. Is that because I have a different feeling toward musicians, seeing as how I am one of them? I believe so. And that’s wrong (it’s also a practice I stopped some time ago). The question is: how do we get those people who are in no way involved in software creation or music production to see the error of their ways?

Just as the latest anti-piracy commercial on television says, ‘you wouldn’t steal a CD from a store, would you?’ Only we have the ability to educate our friends and acquaintances who try to pass along pirated music, movies, or programs. Only we can refuse to accept their ‘generosity’. Now is the time to put that into practice. The longer we wait, the more ingrained this behavior will become in our society. Then, it will be almost impossible to stop it. From what I already see, we’re getting very close to that point now…

In my last post, I said I would turn you onto what I believe to be one of the best business models a 21st century musician can embrace. The company is called Discipline Global Mobile (DGM), and it’s the brainchild of Robert Fripp, the visionary guitarist from King Crimson. One of the main goals of the company is to do business in an ethical fashion. This includes seeing that musicians actually own the copyright to their performances and recordings – a novel concept in this industry. The result of this practice is that the musician actually stands a chance of making some money, rather than getting stuck in the record industry’s perpetual cycle of ‘we’ll loan you money to make a record, you’ll pay it back at your royalty rate, when it’s time for another record (even though your last one hasn’t recouped yet) we’ll loan you more money to make a new record that you’ll pay back at your royalty rate’ ad nauseum. Believe it or not, this is a standard means of doing business for record companies. Oh, did I mention that you have to share the rights to your musical creations, and that you never really own the rights to the sound recordings you actually paid for?? You gotta love it.

I strongly suggest that those of you who are interested in how things really work in this business visit the following web sites:

DGM Live! start on this page, but take some time and browse the entire site.

The Daily Adventures Of Mixerman a chronicle of the absurd world that is the record industry.

Confessions Of A Record Producer a great book that will open your eyes to the real truth

Also, visit the writer’s website: The Moses Avalon Company

If you’re a musician (especially a young musician), you owe it to yourself to visit these sites, read these (and other) books, and educate yourself to the truth about what the record industry is. If you’re a listener, you owe it to yourself to visit these sites, read these (and other) books, and educate yourself to the truth about what the record industry is. Otherwise, how are you supposed to have any idea at all about how piracy affects those of us who make the music you enjoy?

Until next time…

Thanks for checking out my View From The Keg. I hope you’ll become a frequent visitor and add your comments to the discussion. In spite of the title, this post isn’t about baseball. It’s about Digital Rights Management , aka DRM.

As you may know, the music you purchase on-line (via iTunes or a similar service) has limitations on the number of CD’s you can burn, the number of computers it can be played on, etc., etc. In a recent announcement, Apple founder Steve Jobs said he wants to do away with those controls. This is actually old news, and you may have read articles touting the various merits of doing away with the system as it is today.

I’m not here to engage in on the general discourse of whether DRM is right or wrong – I already did that in a post to Rob Pergaro’s ‘Faster Forward’ blog some weeks back. What I feel I need to do is clear up some terrible mis-conceptions folks have about life (and money) for a professional musician. If you’re interested in reading the entire debate, start here:

http://blog.washingtonpost.com/fasterforward/2007/02/steve_jobs_doesnt_like_drm.html

http://blog.washingtonpost.com/fasterforward/2007/02/readers_continue_the_drm_debat.html

Here’s what I said on Feb. 19:

DRM, in principle, is not an inherently bad thing. It is in its execution where problems arise. Artists alone are the ones who should decide how and to what extent their “intellectual property” should be protected – period. This problem stems from the fact that, in order to have a “major label” deal, the majority of artists are required to sign away a portion (often quite large) of their ownership in their own music. Once people realize that it’s ultimately the artist who suffers, then perhaps we can begin to address this issue from the proper perspective, and achieve something approaching a realistic solution.

Now take a look at the latest in this ongoing debate:

http://blog.washingtonpost.com/fasterforward/2007/04/post.html

What’s killing me is the idiocy of the people defending the theft of music artists have worked to create, when they have absolutely no idea what goes into making a career in music. One of today’s brilliant commentators says:

…smart people can not be expected to pay $10 for 10 songs or even $1 for one song, when it doesn’t cost anything to replicate the files.

Stop right there – is he serious? He clearly has never made a recording for possible sale at any level. It may not cost much to simply ‘replicate the files’, but it can cost several thousands of dollars to create the music that becomes those files! I know – I ran a recording studio for the better part of 17 years which turned out hundreds of master recordings that were turned into ‘product’ for local, regional, and national artists to sell. Regardless of whether the end result is a CD, cassette tape, LP, or file, the least expensive albums I recorded still cost a couple grand at the very least.

Our genius continues:

If the record companies want everyone to pay for music they will have to sell the audio at very low prices, like $.25 a song. As far as the musicians are concerned they are going to have to tour in order to create revenue for themselves (bold print mine). We will see, in 10 years their will be no music piracy, because the effort to find free music will not equal the low sale price. Thats just the way it will have to be. (Posted by Kevin).

Well Kevin, if things go the way you think they should, you’re right – there will be no music piracy in 10 years, but not because of the reasons you state. It will be because there will be no music being made by professional musicians!

Let’s just set the record straight: touring is a very expensive proposition. Kevin has absolutely no idea what it costs to bring even a simple show to your local small to mid-size venue. Transportation and hotel costs alone can be staggering. In fact, many of what were to be band dates in the 2006 Nils Lofgren Band tour were turned into solo dates because of the cost vs. reimbursement. And this is not the first time I have witnessed this happen in my 35 plus year career. Believe it or not, the only ones who make real money touring are the likes of Bruce, the Stones, Madonna, Kenny Chesney, etc., and the musicians who play with them. While 2nd and 3rd tier musicians can make a fair living touring on a small level, it in no way adequately compensates for the years of practice and dedication required just to get to the point where you can begin to make money at it. As a friend of mine once said to me “with all the years you’ve put into music, you could’ve been a doctor”.

Other comments were made recalling the ‘good old days’ of vinyl and cassettes, and how there was no talk of piracy back then. Where was that person – unborn?! There was plenty of talk about piracy in those days, particularly when high quality home recording equipment became affordable. I seem to remember the price of blank tapes rising when the record company lobby finally got Congress to impose an invisible tax on cassette tapes. And did the musicians themselves see any commensurate increase in their royalty rates? That would be no.

Then came Digital Audio Tape (DAT). This format was the beginning of the widespread panic in the recording industry, because consumers finally had the technology to make copies that actually sounded great at a relatively modest cost. DAT never really took off as a consumer format – partly of the development of CD’s, partly from the insane taxes that were levied on the consumer versions of DAT recorders (not to mention copy protection circuitry built into the machines – the first DRM scheme). It did explode on the studio scene, however, and made our lives easier, our projects a bit less expensive to produce, and our backs healthier by not having to lug around so many reels of tape.

The next great leap was the CD recorder. No, not the ones in all our computers, but the standalone versions. Just as with DAT recorders, there were 2 types of these: consumer and professional. You could tell a consumer version just from the type of recordable CD it used. If it used a ‘music’ CD to record, it was a consumer machine. What made those CD’s so special that they cost more than standard CDR’s? Only another invisible tax imposed on those consumers who would record their own CD’s (DRM scheme #2).

Folks, I hate to tell you, but piracy has always been around the music industry – and it always will. If it isn’t being done by consumers, it’s being done by record companies themselves through their reprehensible behavior toward musicians. It’s that simple. Piracy will not be eliminated by lowering prices; it will only disappear when people fully respect the rights of others’ intellectual property.

I stand by my Faster Forward comment. DRM isn’t wrong, it’s merely being administered and controlled by the wrong people. Record companies should not decide on their own how (or if) to protect an artist’s music. The artists themselves should be involved in any choices made in that regard. If an artist chooses to make his/her art available for free (or without copy protection), so be it. Granted, they will risk losing their contract with the label, but that is their choice to make. Why is it that, in order to be considered ’successful’ in this business, we must give away our rights to our own creative output?

With the advent of cheaper, more powerful computers, not to mention inexpensive recording systems (computer and otherwise), things are beginning to change. We musicians are finally learning that it’s possible to maintain a far greater degree of control over our art than we ever thought possible.

In the next post, I’ll turn you onto what I believe to be one of the best business models a 21st century musician can embrace. In the meantime, think about the points I raise the next time you’re preparing to download music from your favorite peer-to-peer file service.

I look forward to your comments…