May 21, 2012

The ASCAP Daily Brief for Monday, May 21

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This daily email, compiled by ASCAP Board member, music publisher and songwriter Dean Kay, cuts through the media clutter to bring you links to the most relevant news and commentary on the rapidly evolving music industry and how it affects your future livelihood. Now the ASCAP Daily Brief can be accessed on the Headlines page of and in the ASCAP RSS Feed.

Creators are the messengers of humanity. Don't kill the messengers.

The Art of the Steal: Warhol Didn't Get Away With It. Why Should Richard Prince?
By David Walker -- As we've reported in our coverage of photographer Patrick Cariou's infringement claim against Richard Prince, Prince and his defenders argue that appropriation art does little harm to individuals from whom appropriation artists steal their raw materials...Warhol, Rauschenberg and other big name appropriation artists quit stealing the work of others - and started getting licenses instead - after they got sued once or twice (or five times) for infringement. [Thanks to Terry Hart for the link.]

No, Folks, File Sharing is Not a Religion
By Scott M. Fulton -- The U.S. Constitution, enacted in 1787, guarantees freedom of religion for its citizens. Sweden's Constitution Act, passed in 1974, grants the same freedom, but having been ratified in the electronic age, explicitly extends the right to express that freedom in "transmissions" and "recordings." Now a Swedish group is trying to take advantage of the law by declaring file sharing a religion and seeking legal safe harbor by declaring copyright violation a sacrament.

Pipe Brings Untraceable 1GB File Sharing to Facebook Friends
By Mike Flacy -- With the potential to catch the attention of the MPAA and RIAA, a small start-up (Pipe) is on the cusp of launching a private file sharing application that will be available to nearly one billion Facebook users.

When Did Music Become Unimportant?
By Steve Guttenberg -- MTV gave up on music ages ago, and only a handful of young bands make money selling records. Has music just become a "soundtrack" to other activities? [Thanks to Chris Castle for the link.]

42 Percent of the Time, 'Discovery Moments' Involve a New Artist...
By Paul Resnikoff

The (Person) Who's Going to Kill Facebook Is Playing Videogames in His (Or Her) Mom's Basement As I Write This
By Eric Jackson -- The only thing we know about predicting the future is that our predictions are usually totally wrong.

Pandora: We're 150,000,000 Music Lovers Strong
By Roger Chengb -- The Internet radio service offers the second most downloaded app in the history of Apple's App Store.

Musicians, Got Data?
By Matt Urmy -- In Today's Music Business, what's most important? In my humble opinion, it's the same thing that's always been important: Great Music. What's the next most important thing? about getting it to the people? But then what? How do you create a career...create a team that can help you spread your music and make a living?

8 Visionaries on How They Spot the Future
By Joanna Pearlstein

Musicians: Stop Building An Email List
By Clyde Smith -- ...or in other words you need to stop thinking about it like a LIST.

The Loudness Wars
VIDEO: Mastering Engineer Greg Calbi on Compression and the Loudness War in Mastering
By Artists House Music -- Greg Calbi is a senior mastering engineer at Sterling Sound, a mastering house in New York City. He has mastered albums for dozens of artists such as John Lennon, Bob Dylan, Paul Simon, and Bruce Springsteen.

IN MEMORIAM: Pioneers of Disco:
Donna Summer - Robin Gibb

Latest Spotify Apps Offer Musical Love Connections
By Eliot Van Buskirk -- Step aside, Chuck Woolery! There's a new matchmaker in town - actually, two. The latest round of Spotify apps - and Fellody - offer to help people find romance through music.

A Discussion About Spotify-Enabled Smartphones...In 1908
By Paul Resnikoff

Dean Kay


Dean Kay has been at the helm of some of the most highly respected and forward thinking music publishing companies in the world, first as COO of the Welk Music Group, then as President/ CEO of the US division of the PolyGram International Publishing Group, and now as President/CEO of his own precedent setting venture, Lichelle Music Company. Prior to his involvement in publishing, he was a successful songwriter, having had hundreds of his compositions recorded - including "That's Life" by Frank Sinatra. Mr. Kay has been a member of the Board of Directors of ASCAP since 1989 and is Chairman of its New Technologies Committee. He is also on the Board of the National Music Publishers Association (NMPA).

The ASCAP Daily Brief-Powered by The Dean's List is intended as a guide to direct music professionals to key articles about issues facing the entertainment industry. Recipients are encouraged to read further about the issues by accessing the complete article through the links provided. Author attribution is provided with each article, and none of the links allow readers to by-pass subscription archive gateways. Please note that all editorial comments are indicated in brackets. Questions? Comments? Please Contact Us