Industry information that you can actually use
July 2003
Federal Agency rejects masturbation, out of hand. Cites Rock band as bad example.
Farmer gets God to help him recreate Summer of Love Rock shows.
Digital Satellite Radio: the dog that still won't hunt.
Next Confessions Workshop is a go!
FARMER ASKS GOD TO DEFEND HIS MUSIC - AND GETS HIS WISH
Can't find a new gimmick to get your music out there? Take an example from feed-farmer, Bill Pritts. He won't let the law keep him down. He's turned to God to help his promotional efforts.
Pritts was shut down by his local authorities when he tried to promote a live music event on his 147 acre southwestern Pennsylvania farm. Folks would have pitched their tents while jazz, bluegrass and rock bands jammed on a 60-foot-wide open stage.
But the County yanked his permit and said his property isn't zoned for moneymaking concerts. So the feed-farmer turned himself into a preacher and formed a church. Relying on 1st Amendment protection to further his agenda, he says his Church of Universal Love and Music is committed to spiritual growth through music.
Zoning director, Tammy Shell (who apparently did not enjoy the movie Woodstock) says the events have drawn complaints for noise and the hundreds of vehicles scattered over surrounding rural roads.
A judge's order calls for a fine of $500 a day for each day Pritts uses his property for "musical, fund-raising or religious events.'' Shell says that Pritts will likely just pay the fine and laugh all the way to the bank, as his events pull in far more.
Pritts claims the money collected for admittance to the events are "donations," not ticket sales, leaving them outside the scope of the judge's order. His last event, "The Freedom Festival,'' featured 18 bands and drew a crowd of 900 at about $75 a ticket.
Pritts says he feels his "church" is the target of bigotry because it's open to people of all faiths. "We all just like to have weekend outings and listen to music."
Gotta love this guy.
God bless America!
For more on Church of Universal Love and Music: http://www.ilovemusicchurch.com
US TRADEMARK OFFICE SAYS MASTURBATION IS VULGAR - CLAIM THEY ARE THE EXPERTS
Kudos to Attorney Brian Cobberman for the lead on this story.
Remember what that judge once said about pornography: "I can't define it but I know it when I see it." Well, apparently, the US Trademark office can.
This case hails from a phone service owned by Boulevard Entertainment. They charge by the minute for "adult" conversations with women and tried to trademark the name "JACK-OFF," in concurrence with their phone number, 1-800-JACK-OFF. The US Trademark office said, "no-can-do," as it violates provision 2(a) of the Trademark Act, which precludes registration of marks that consist of or comprise "immoral, deceptive, or scandalous matter."
Boulevard's application rubbed the Trademark office the wrong way, but Boulevard appealed the decision and this past month a gaggle of $500-an-hour pornography attorneys argued to prove to a Federal Judge the term "jack off" was NOT vulgar. (Now I'm really sorry I didn't go to law school.)
Defending their decision, The Trademark office's examining attorney, Cynthia C. Lynch, consulted four dictionaries, including Webster's, all of which indicated that the word "jack-off" is offensive or vulgar when used to refer to masturbation.
Boulevard's attorneys, Arter & Hadden LLP, of Woodland Hills, California, admitted that their client's service does inspire self-gratification, but whined that the dictionaries consulted by the Trademark Office are outdated, having copyrights as early as 1987. Lawyers claimed social consciousness has matured since then, that the Eighties was a vulgar time and the term 'jack-off' has come along way since. (I know the canons had exactly this sort of thing in mind when they defied "advocacy.") Boulevard's attorneys also erected the argument that the same dictionaries also indicate that the term "jack-off" is sometimes used to mean a stupid or incompetent.
Boulevard's arguments reached a climax by calling to the stand "business persons" (apparently the experts on vulgarity) to testify that "jack off" is a perfectly reasonable thing to say in mixed company. They also referenced the rock band, "JACK OFF JILL," which was granted trademark registration for their live performances.
The judge scratched himself, cleared his throat and upheld the decision to reject the trademark, throwing the appeal out, without prejudice, but with a very satisfied smile. (I made that part up.)
Full court report: http://laws.lp.findlaw.com/fed/021585.html
DIGITAL RADIO: A DOG THAT WON'T HUNT
Will digital radio be the place where artists whose music "thinks" outside the box finds a showcase? That sure sounded like the promise about a decade ago when the idea of "pay TV model for radio" was launched; better music because advertising dollars where not driving the programming decisions. But there's much doubt on the horizon.
The big issue for artists is where will digital satellite radio get its content? Although XM and Sirius (the Coke and Pepsi of DSR) both hire their own program directors, XM has had to recently become the whipping boy to everyone's favorite plantation-owner, Clear Channel Communications. They sold 3% of their company to Clear Channel this past year, in, what I can only guess is a "you got to give action to get action," arrangement.
Three years ago, fighting an onslaught of enthusiasm, I pessimistically predicted that the DSR thing would not be a significant factor in radio marketing till at least 2005. I believed this due largely to car manufacturers inability to see the value in Digital radio. I mean, it took Detroit 12 years to make a CD player "standard" in cars below $30,000.
Well, it turns out that I was still optimistic. It's going to be more like 2007 to 2010, if ever, much to the dismay of many who were banking on the "boom" of digital radio. Sure, those who played the hype and bought the stock are smiling ear to ear. XM Satellite Radio Holdings stock price has quintupled this year; Sirius' has doubled despite the fact they are both still hemorrhaging with debt. But what dividend is there for those creating the content on this new frontier?
Lowering the unit price, selling advertising (something they swore they would not do) and selling off about 25% of the company to big auto manufacturing giants, has allowed several car companies to say that they can now begin to outfit mid-priced and luxury models with relatively cheap XM receivers (about $100). However, convincing the buyer to pay an extra $10 a month for the service will have to be the car dealer's problem. And a big one it will be. How will they convince the public to pay $120 a year for something similar they can get for free now?
Beware the car dealer's pitch. He will likely tell you that each has over 100 channels of commercial free music. But is that how it's working out for Digital radio? Let's take stock:
Sirius has 60 music channels, all commercial-free. But XM has ads on half its 70 music channels and most of its 31 news, talk and information channels. XM has signed up more than 500,000 subscribers, while Sirius has just 68,000 subscribers. But these are numbers based on the pitch of better, "non-commercial" music. Will that be the case in the near future?
XM says that they expect to begin breaking even by the end of 2004, but the fact that this company' continues to give away much to strategic partners, makes one wonder if any of the company will still be under the dictation of XM's management.
Bear in mind that declining profits can mean only one thing for XM members-more commercials and more "commercial music," especially as Clear Channel pushes the music that correlates, almost exclusively, to the major label artists concerts they will be promoting. So it's very probable that, once again, the promise of this new frontier as a lilly field for the niche artist to earn some air time, will be short lived.
Of course I could be wrong. And I hope that I am.
OBITUARIES
Barry White - Dead at only 58. I'm very sad over this one. Rest in peace, big fella.
Benny Carter - Jazz Saxophonist dead at age 95 after being hospitalized for about two weeks with bronchitis.
MO OUT
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