Archive for October, 2007

Cliff Richard goes it online

‘Cliff Richard pulls a Radiohead’ says the Guardian headline. It turns out that Sir Cliff has come up with a brand new pricing initiative for his latest album, to be released online on 12th November.

Cliff Richard, who next year celebrates 50 years since the release of his debut single, Move It, has promised his loyal army of fans that the more of them buy his new album, the less it will cost.

Sounds great. The devil’s in the detail though:

Depending on the number of people who register to buy the mixture of new covers and his own hits ahead of its release on November 12, it will cost a maximum of £7.99 and a minimum of £3.99. For every person who downloads it, the price will drop by a penny.

Hmm - £3.99 sounds like a good price for an online album sale (apparently sales of Radiohead’s In Rainbows are averaging around this), and yay to Sir Cliff for that. But the rest of the ‘creative marketing’ pitch, let’s face it, is just insurance against fewer than 400 people pre-ordering.

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Michael Geist on IMSLP once more

Michael Geist has a great follow-up on the UE–IMSLP kerfuffle. On why UE are on uncertain ground:

 There is no question that some of the site’s music scores would infringe European copyright law if sold or distributed in Europe. However, the IMSLP had no real or substantial connection - the defining standard for jurisdiction - with Europe.

Indeed, if Universal Edition were to file a lawsuit in Austria, it is entirely possible that the Austrian court would dismiss it on the grounds that it cannot assert jurisdiction over the Canadian-based site (and even if it did assert jurisdiction, it is unlikely that a Canadian court would uphold the judgment).

And on why this stuff matters:

This case is enormously important from a public domain perspective.  If Universal Edition is correct, then the public domain becomes an offline concept, since posting works online would immediately result in the longest copyright term applying on a global basis.

Moreover, there are even broader implications for online businesses. According to Universal Edition, businesses must comply both with their local laws and with the requirements of any other jurisdiction where their site is accessible - in other words, the laws of virtually every country on earth. It is safe to say that e-commerce would grind to a halt under that standard since few organizations can realistically comply with hundreds of foreign laws.

Thousands of music aficionados are rooting for the IMSLP in this dispute. They ought to be joined by anyone with an interest in a robust public domain and a viable e-commerce marketplace.

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2007 British Composer Awards shortlist

The shortlist for the 2007 British Composer Awards was announced last Friday (although the list isn’t yet published on the official website). I’ve not heard enough of the pieces on the list to have many opinions on who should win, but if I were a betting man, I’d say Jonathan Dove, Martin Suckling and Brett Dean look good for your money, and probably Jem Finer and Gwilym Simcock too.

Chamber -
Brian Ferneyhough: String Quartet No 5
Simon Holt: 4 Quarters
Patrick Nunn: Escape Velocity

Choral [includes works for choir & orchestra] -
Julian Anderson: Heaven is Shy of Earth
Francis Grier: The Passion of Jesus of Nazareth
Mark-Anthony Turnage: A Relic of Memory

Community or Educational Project -
Stephen Deazley: Thrie Heids
Jonathan Dove and Matthew King: Hear Our Voice
Edward McGuire: Ring of Strings

Instrumental Solo or Duo -
George Benjamin: Piano Figures
Harrison Birtwistle: Crowd
Jonathan Harvey: Run Before Lightning

International Award -
Derek Bermel: Soul Garden
Brett Dean: Wolf-Lieder
Wolfgang Rihm: Verwandlung

Liturgical -
Richard Causton: Jesu, sweete sone dear
Gabriel Jackson: Orbis patrator optime
Tarik O’Regan: Threshold of Night

Making Music Award -
Howard Jones: The Illusion of Progress
Joanna Lee: whippoorwill
Martin Suckling: Mosaic

New Media (only two works shortlisted) -
Jem Finer: Score for a Hole in the Ground
Janek Schaefer: Vacant Space

Orchestral -
Thomas Adès: Tevot
James Dillon: Piano Concerto ‘Andromeda’
Jonathan Harvey: Body Mandala

Stage Works -
Jonathan Dove: The Enchanted Pig
Stephen McNeff: Tarka the Otter
Lynne Plowman: House of the Gods

Vocal
David Horne: Life’s Splinters
Oliver Knussen: Requiem - Songs for Sue
David Matthews: Terrible Beauty

Wind Band or Brass Band -
David Horne: Waves and Refrains
Edwin Roxburgh: An Elegy for Ur
Gwilym Simcock: Lichfield Suite

As is traditional with such events, you can also vote for the Radio 3 Listeners’ Award too (details, complete streaming soundclips and voting form are here.)

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Kurtag on Ligeti

Kurtag’s tribute lecture to Ligeti, published in German in the Neue Zürcher Zeitung back in August, is now available in English at signandsight (thanks to Marc Geelhoed for the spot).

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Vienna thief steals hundreds of Nono CDs

Who says people don’t care about contemporary music?

A thief single-mindedly stole between 800 and 1,000 CDs by the Italian avant-garde composer Luigi Nono (1924-1990) from the warehouse of a Vienna music distributor, police said Thursday.

In order to get to CDs of ‘Prometeo’ - a Nono work featuring four orchestras, a choir, speakers, two conductors and five soloists - the burglar had to break open a lock and move other merchandise to the side, Austrian media reported.

‘It sounds like something made up,’ a bemused Stefanie Schurich, manager of the music shop ‘col legno’, was quoted as saying by the Austrian press agency. ‘I have no explanation for this.’

Relax - Promoteo tickets are back on sale.

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Crossing the threshold

Anyone who has spent any time at all around this internet ‘hood knows that The Death of Classical Music is to the concert music blogosphere what cats, George Bush and Google paranoia are to the rest of the world: it’s what 95% of us spend 95% of our time writing about. So, therefore, it’s no surprise to see that 95% of classical bloggers have spent time this week writing about Richard Taruskin’s ‘The Musical Mystique‘ (the rest of their time has been spent reading the damn thing).

What with Alex Ross and Norman Lebrecht all over the headlines at the moment, it seems like an article of and for this blogging moment. Taruskin himself can’t help being sucked into things, opening up with his take on that Joshua Bell stunt we were all twittering over back in April; he even approvingly quotes Boring Like a Drill’s Ben.H., even if Ben has since confessed that he wrote that commentafter a night on the turps” (I can’t help but wonder where we’d be should we ever discover the same about Solomon Volkov…?). Hell, Taruskin’s article has a permalink and comments, so it’s practically a blog post itself.

I’ve made my criticisms of Taruskin on these pages before – and I stick by those – but this is a fabulous article (even if it could lose a few thousand words). The fact that even his detractors agree on is that Taruskin can write. He wins arguments by rhetoric alone. This makes him a very fine essayist (and this is a very fine essay), but it is a dubious credential as a scholar; as such, arguments should be won by the quality of research and style is a mere bonus. Which is not to say that academic writing has not benefited from the invigoration of prose like Taruskin’s. The problem comes when the lines between scholarly work and more populist writing aren’t so easy to distinguish: the common concern about The Oxford History of Western Music – that it looks like a textbook but reads like a rant – rests entirely on this (replace ‘The Oxford‘ with ‘Richard Taruskin’s‘ and those concerns are gone, spit-spot).

I have written in the past to the effect that the great joy of professional musicology is that you’re getting paid (in theory) to tell people about your enthusiasms.

Unlike novels, most musical works can be received in their entirety in a short space of time, and since recording – and more recently digital technology – made music a completely portable art form (unlike paintings or architecture), the exhortation “listen to this, I think you’ll like it” has become fundamental in human relationships.

Musicology is, at heart, an extension of this fact. A vast, all-inclusive extension that grew into an academic discipline all of its own, but an extension of that basic enthusiasm for musical discovery nevertheless. Most of us do continue to do it because we’d die otherwise. We can’t help ourselves.

Insofar as he is repeating this same call I warmly welcome Taruskin’s argument, even if I would wish to refine the boundaries between fanboy enthusiasm and scholarly enterprise. But, as Matthew Guerrieri forcefully puts it, there are more than just a few ways to receive pleasure: casting them as moral choices (as Taruskin does) is wrong.

The division between popular and academic, entertainment and prestige, heart and mind, apparently sits at the centre of Taruskin’s argument. Kyle Gann, applauding Taruskin, takes this division at stark face value:

I can boast a virtuoso range of ways to be entertained, but any music I’m not entertained by I quit listening to, no matter how highly ranked it is in the history books.

And this is the common-sense tack Taruskin takes, with plenty of erudite historical context. Why does any of us get into music except for pleasure? And why would a composer try to do anything in his music except elicit pleasure?

Taruskin’s targets, one would imagine, should be equally upset over that same division: art is Art, first and foremost; pleasure comes second, and Taruskin would appreciate the precise parallel this makes between academic and populist modes of writing that I outlined above. The thing is, I’m not sure how real Taruskin’s targets actually are these days (or, one must extrapolate, Gann’s). The sort of knots Taruskin gets himself into by dividing the world into this and that, and then castigating people for living their lives according to those divisions, are apparent early on. In discussing the spurious prestige that became attached to classical music, Taruskin refers to an LP released as part of Eisenhower’s 1956 re-election campaign (a true blogger would have uploaded a copy to Rapidshare).

The musical selections include some that had plausible connections with Eisenhower, like Dmitri Tiomkin’s title theme for High Noon, as well as inspirational numbers such as Marian Anderson singing “He’s Got the Whole World in His Hands” and Leopold Stokowski’s arrangement of Bach’s “Sheep May Safely Graze” (a paean not to the deity but to wise political leadership). But the bulk of the president’s musical offering consists of three orchestral overtures: Beethoven’s Coriolan (originally written to accompany a German tragedy, as the producers of the album had surely forgotten, about unwise political leadership), Mendelssohn’s Fingal’s Cave, and Strauss’s Fledermaus. I have no idea how much actual input Eisenhower had in the planning of this record, but it does not matter. What matters is that identification with classical music was considered, by him or his handlers as much as by the record folks, to be a significant enhancer of his image.

But, by the same token, why should we think of Bach as a ‘prestige’ choice, and not simply ‘inspirational’ in the way that ‘He’s Got the Whole World in His Hands’? Surely because to make such a claim would be Bach blasphemy: and thus Taruskin is organising the world according to the same value system he so despises.

Matthew Guerrieri and Jodru make more forceful criticisms of the article, and they are there to be made. We must applaud Taruskin for taking George Benjamin down a peg or two after his silly remark that no politicians show an interest in “the music of our time”, but I wonder how much the ivory-towered outlook that Taruskin sees personified in Benjamin has to do with contemporary composition anyway. And I’m not talking here about Stanley Kubrick film soundtracks or populist crossover orchestral commissions or even amplified downtown groups in jeans. Contemporary music is a much wider, richer and more colourful spectrum than Taruskin ever gives it credit for – this is my biggest beef with him – and I often doubt how much of it he has actually heard, and how much he’s just inferred from regular doses of Adorno and Babbitt (who cares about that bloody essay?). So, in generous spirit, I offer the following examples of (more or less) recent music that have given me great pleasure in the last few weeks. I’m in this job because this stuff thrills me to bits, and I would absolutely, sincerely, love to read Taruskin’s thoughts on some of these:

Gérard Grisey: Quatre chants pour franchir le seuil (natch)
Horatiu Radulescu: Cinerum
Tristan Murail: Désintégrations
Antoine Beuger: Fourth Music for Marcia Hafif
Brian Ferneyhough: Time and Motion Study II
Isabel Mundry: Penelopes Atem
Beat Furrer: FAMA
Wolfgang Mitterer: Konzert für Klavier

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Free legal advice for the creative industries

What with all the recent IMSLP brouhaha, it’s worth recalling that copyright is becoming an increasingly important issue for anyone working in the creative industries. I’m frequently baffled (and increasingly concerned) that so many of the writers, performers and composers that I come across don’t have even the most rudimentary understanding of how intellectual property works, and how it is crucial to their professional lives. Not brushing up even a little leaves you at risk like a shopkeeper who doesn’t know how to add up till receipts. (For professional journalists not to know even the most fundamental difference between a copyright and a registered trademark is particularly embarrassing.)

So, it’s particularly timely for the Legal Advice Centre of the Queen Mary, University of London School of Law to expand its free pro bono advice to the creative industries, starting from 7th November. Here’s a press release:

The Legal Advice Centre at Queen Mary, University of London launches new ‘Law for the Arts’ service

A new service at Queen Mary’s Legal Advice Centre (LAC) will provide free legal advice to people working in the creative industries on issues such as copyright and trademarks. From writers to musicians, and sculptors to performers, the LAC is launching a dedicated night which focuses on ‘Law for the Arts’ on the first Wednesday of every month.

The LAC, London’s first-ever undergraduate legal advice centre, was officially opened by the then Attorney General, Lord Goldsmith, in November 2006. Since its launch, the Centre has advised over 150 clients on issues as diverse as landlord and tenant disputes, personal injury and tax, and VAT. However, despite the Centre’s success, Julie Pinborough, LAC Manager, noticed a void in the provision of legal advice for those in the creative industries.

Julie explains: “Over the course of the year, there were several clients who came to the Legal Advice Centre with legal issues surrounding their creative work. They had all previously found it difficult to ascertain free legal advice in these areas and we therefore recognised that the creative industries needed more legal support.

“The Department of Law at Queen Mary has an outstanding reputation in this field and we felt that with many of our students studying the areas of law that the creative industries would need to draw on, along with the unquestionable support and experience of the two law firms we partner with, we would be able to provide a service to this industry that will allow the creative individual to move forward more freely within their profession.”

Well versed in law

The new service could not have come at a better time for two London-based writers, who are about to launch an online poetry business. Katherine Bruce and Sonya Hayden recently set up DesignerVerse.com - a website which generates personalised poetry. Using pioneering VerseAbility(tm) technology, the site allows users to create personalised poetry online in under ten minutes.

Sonya Hayden said: “Setting up the business has been a real learning curve for us. We believe that words are the most powerful and timeless way to express yourself and we wanted to build on our passion for poetry by starting our own company. There are a number of legal issues which are central to our business, such as copyright, trade marking and intellectual property. The Law for the Arts service is exactly what we need to help us prepare for our launch on 30 November.” The two poets will be among the first in London to receive free legal advice on the Centre’s launch night on Wednesday 7 November.

As well as helping members of the public, the Centre also provides a vital stepping-stone for graduates as they enter the legal world, helping them to develop a greater understanding of legal issues. Professor William Wilson, head of Queen Mary’s Department of Law, said: “Legal Education is not simply about teaching students rules and regulations. It is also about developing a student’s understanding of the role played by law in fashioning relationships and protecting individuals against social and economic injustice. I cannot think of a better way for this understanding to come about than by pro bono work. It informs, and inculcates a socially responsible attitude, and it is marvellous experience for those who wish to join the legal profession.”

Note down these details; the way the world’s turning it’s increasingly likely you’ll need them:

Opening Times

The Centre runs an appointment only service with clients being offered appointments on Tuesday and Thursday evenings during term time, from 18.00 to 20.30. (Please note that term time runs from September until the end of May)

Book an appointment

Please contact the Legal Advice Centre Office:
Telephone: 020 7882 3668
Fax: 020 7882 7913
email: legal-advice-centre@qmul.ac.uk

Postal address:
Queen Mary, University of London
Legal Advice Centre
Department of Law
Mile End Road
London
E1 4NS

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UE statement on the IMSLP forums

A representative from Universal Edition has posted a statement to the IMSLP messageboards. Good on him for doing so. He suggests that the recent C+D letter is the final step in what had been an amiable dialogue with IMSLP over copyright issues; there isn’t much elaboration on what he means by this, but sure, there are likely emails and so on that we haven’t (and probably won’t) see. No problem: there’s obviously been a lot of heat in the discussions.

There’s some bluster that UE didn’t close the site and that “I am most perplexed as to why this decision was taken”. I think the IMSLP owner has made his reasons clear on this, and they seem reasonable enough: after taking legal advice, he decided that his easiest option was to close the site down rather than comply with UE’s demands - and thus begin an engagement with complex (and as yet internationally unresolved) copyright arguments. Who is to say that UE’s C+D wouldn’t be the thin end of a wedge, particularly after the publicity one takedown would generate (as has been shown)? Where would it stop?

This brings me to a point I made in some comments below, but that I want to bring above the fold. Since in theory any published work (particularly a musical score) may have a still-existing copyright in that edition, any one looking to republish that as a public domain work would do well to hold off until an editor had been located and permission (if needed) secured. However, this a three stage process:

1. Is the score in a copyrighted edition
2. Who holds that copyright
3. What are their contact details

All three stages of which are very-hard-to-nearly-impossible to determine. (See Orphaned works.) Meaning that once publishers start aggressively pursuing such copyrights, it’s essentially impossible to be sure whether a score actually is in the public domain or not (even if it is) and thus you’re always taking a risk. I wouldn’t blame anyone for deciding that the risk isn’t worth it. And thus, in an age of unprecedented public access to public domain materials, the public domain is forcibly squeezed out of existence.

The fact is that letters from lawyers put the frighteners on people - of course they do! - and if you don’t have or can’t afford legal representation of your own, it is much easier to throw your hands in the air and capitulate. That, after all, is the point of a cease and desist letter: to win the case before it even gets to trial. I think in such circumstances, I would have done the same.

The least convincing part of the UE statement is this, though:

3. The arguments presented to us by IMSLP basically amount to a rejection of existing copyright laws in a number of countries. Discussion of international law is by all means welcome and can be very interesting, but you can’t just tell a traffic cop that you don’t like the speed restrictions on the highway because another country has different rules.

Discussion of international [copyright] law is certainly very interesting; it’s also an ongoing discussion full of very big questions - some of them directly related to this case - that don’t look like being answered any time soon, and UE certainly aren’t any more privy to those answers than the rest of us. And that highway analogy cuts both ways: just as a driver shouldn’t be allowed to drive at German speed limits on a British motorway, so a British traffic cop shouldn’t have jurisdiction over the autobahn.

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Musician Deathwatch

del.icio.us/skills/obituary | About this list

This week we bid farewell to the following members of the musical community:

:: Eric McCredie Singer and guitarist
:: Lady Jaye Breyer P-orridge Psychic TV keyboardist and singer
:: Paul Fox Ruts guitarist and songwriter
:: Paul Raven Killing Joke bassist
:: Henry Mackenzie Jazz saxophonist and composer
:: Tose Proeski Macedonian singer
:: Teresa Brewer Pop singer
:: Lucky Dube South African reggae singer
:: John Thow Composer
:: Margaret Carson Classical music publicist
:: Roy Wallace Decca sound engineer
:: Werner von Trapp Member of the Trapp Family Singers
:: Gary Rideout Opera singer
:: Rob Deacon Record producer
:: Mahlon Clark Clarinettist
:: Clement McWilliam Church organist and composer
:: Ronnie Hazlehurst Television composer
:: Eudice Shapiro Violinist
:: Sebastian Bell Flautist
:: Bruce Benward Music theorist
:: Madilu System Congolese jazz singer and songwriter
:: Robert Savoie Operatic baritone
:: Albert Fuller Harpsichordist, conductor, early music champion
:: Mike Osborne Jazz saxophonist
:: Specs Powell Swing drummer
:: Graham Whettam Composer
:: Oskar Morawetz Composer and pianist
:: Stephen Bicknell Organ designer and scholar
:: Bobby Byrd R ‘n’ B singer, pianist and songwriter, credited with discovering James Brown
:: Aldemaro Romero Jazz pianist and composer
:: Bill Barber Tuba player
:: Willie Tee Keyboardist, singer, songwriter and producer

Rest in Peace.

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Jammie Thomas Update

She will be appealing. (Stereophile)

She strongly denies that she is being used as a puppet for anti-RIAA protest groups. (News.com)

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