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John McCain and Sarah Palin: Music Thieves

We’ve been told at numerous points over the past couple months that John McCain and Sarah Palin are the correct people to run our country for the next four years. While I usually try to keep my political leanings out of the EvolvingMusic blog (I mean, we’re here for music, right? There’s enough politics already), I find it absolutely shocking that the McCain campaign continues a practice that is both disrespectful and illegal.

We hear them talk about “shaking up Washington,” bringing the idea of ethics back to politics, and a chance for change. We hear Palin all the time tell us that she’s going to “talk straight to the American people.” Basically, they’ve run their campaign on the idea of honesty, transparency, and a return to basics. If that’s the case, then why are they blatantly, without permission and regardless of the wishes of the musicians, using songs they have no right to use throughout their campaign?

For those of you unaware, an artist with a copyright on a song has to give permission for the song to be used. McCain’s camp has now used, without permission and frequently with strenuous objections by the performers, songs by Heart, Foo Fighters, Jackson Browne, John Mellencamp and most recently, Survivor. What’s worse is that they aren’t limiting this illegal use to just playing the songs on campaign stops… they’ve gone so far as to include a few in television ads.

What this practice demonstrates is not only a willingness to steal music from the artists, (and therefore a pre-election demonstration of how rigidly McCain wants to follow the laws of our land) but a blatant attempt to sway public opinion and perception based on the popularity of pop music. McCain is trying to make himself popular by using music that most people know and enjoy. The problem is that when the majority of the artists are against McCain and his policies and don’t want to be associated with him in any way, it amounts to a willful and heinous disregard for the wishes of other people, the legal rights they have over their own intellectual material, and an unabashed attempt to mislead voters by pulling at their musical heartstrings.

While most artists have simply spoken out and demanded the cessation of usage of the songs by the McCain camp, Jackson Browne has stood up and filed suit against McCain and the Republican Party. The problem is that even if the artists request a stop to it or file suit, the song has already been used, the damage has already been done. You can’t, as we’re often told, unring the bell. Just how many people nationwide are even aware when they heard the Foo Fighter’s “My Hero,” that the Foo Fighters would later strongly object to the use and tell McCain to knock it off? My guess is not as many as actually heard it.

Now obviously, my interest here as a writer covering music is the issue of songs being used without the permission of their owners, and what that means for the music industry, and more importantly, the artists. If a man like Jackson Browne has been making music all his life while simultaneously engaging in supporting the Democratic party, he should at least be given the right to turn down McCain’s request. But if McCain doesn’t even bother to request, it hurts the entire industry by setting a standard under which a prominent politician running for public office can get away with whatever he wants musically, until someone like Browne steps in to stop him. The public usage of music, particularly for endorsement, without the express written consent of the musician is a slippery slope that would be very dangerous to start down.

But music and copyright issues aside, let’s look at the fundamental issue here. John McCain and Sarah Palin are thieves. They are stealing other peoples’ work, using it against their wishes and using it to promote themselves. They are disregarding numerous laws in the process and establishing an atmosphere where they demonstrate their belief, as they share with the current administration, that they are above the law. You talk about speaking for the people, but here they are shouting for people that want no part of them. And the really big question you need to ask is this: if a Senator from Arizona and the Governor of Alaska are willing to so blatantly infringe on other peoples’ rights, use things that aren’t theirs for their own political gain, and actively mislead the very citizens they are supposedly “straight talking” to, what outrageous and illegal things will they be willing and capable of doing if they actually become the Executive Branch?

For Part 2 of this story, click here.

Review: Thievery Corporation's Radio Retaliation

Metromix Louiseville hit the nail on the head when they described Thievery Corporation‘s new album, Radio Retaliation, as “a quietly funky soundtrack for the MoveOn.org generation”.

The album, which was released early on iLike and Facebook, is fairly true to the classic Thievery sound – loungey, organic, multicultural. This time around, however, they deliver a decidedly more overt political message. Properly Chilled posits that they deliver their message “through a swirling, smoky kaleidoscope that will leave most people who listen to it largely unaware of, yet affected (if only subconsciously) by its social and political text”. I couldn’t agree more. After a few listens, here is my breakdown of the album.

First up is Sound the Alarm (feat. Sleepy Wonder) which kicks off with a hair-raising siren. A solid reggae beat, guitar riff and bass line set the stage for the minimalistic but passionate lyrics. Not a whole lot happens in this song, but all throughout it’s an enjoyable dub track.

Mandala features Anoushka Shankar, daughter of legendary sitarist Ravi Shankar. If you are a sucker for sitar, you will like this track. A playful twangy melody glides over the layers of deep driving bass, heavy brass and percussion. Some clubby turntable scratching and electronic beats punctuate the song, giving it a timeless feel.

Radio Retaliation again features Sleepy Wonder. As the title track of the album, this is a good example of classic Thievery reggae. Background instrumentals don’t vary much, so your attention is drawn to the lyrics, which have plenty to say.

Vampires has a funky upbeat feel. As musicOMH points out, “the swaying horns and polyrhythmic drums of Vampires do a commendable job of disguising the song’s clunky political metaphors“. The song very appropriately features Femi Kuti, eldest son of Fela Kuti, the Nigerian “pioneer of Afrobeat music, human rights activist, and political maverick.” (And yes, if you are still playing the Sarah Palin drinking game, you can count that use of “maverick” and have a drink.)

In Hare Krsna, the recognizable voice of Seu Jorge, Brazilian pop samba icon (possibly better known to his American fans as the David-Bowie-covers-in-Portuguese soundtrack guy for The Life Aquatic with Steve Zissou) adds a scratchy rawness to what would otherwise be a little too smooth of a trip hop track. The title might lead you to expect an overtly Indian sound but instead you get classic Thievery muted basslines, looped guitars, brass sections… Only after listening closely do you catch what sounds like a dhol in the background. That, and of course, Seu is singing “Hare Krsna” over and over…

El Pueblo Unido, featuring Verny Varela, is probably one of the best songs on the album. The juxtaposition of jazzy Latin sounds and loungey dub gives it sort of a Buena Vista Social Club meets Morcheeba vibe.

(The Forgotten People) starts off with a sad clarinet intro and quickly picks up the pace with forceful sitar, dhol, and some electronic beats. The bass line gives this track a much darker sound than the rest of the album. A perfect song to listen to when you’re feeling a little dark yourself. Intense, worldly, and pleasing to the ear.

33 Degree features the soft haunting vocals of Zee over mellow trip hop style instrumentals. Part space age synth, part loungey beats, this track utilizes minimal percussion and a smooth blend of sounds to send you on a quiet thoughtful journey.

For Beautiful Drug, think AIR. Heavily reminiscent of the Virgin Suicides soundtrack, this one. The smoky vocals of Jana Andevska, who sounds a bit like Cat Power, gives the track a lazy, melancholy texture. You can almost picture an emaciated bored French socialite lounging in an opium den somewhere unimpressed by her glamorous yet soulless life and yearning for a different reality or perhaps a lost love…

La Femme Parallel is super mellow. LouLou‘s gentle vocals calmly drive this ambient track forward. Suitable background music for a loungey nightclub in any cosmopolitan city. You can imagine hearing this song playing softly while well dressed city types sip their martinis and steal sultry glances at strangers in the dim smoky room.

Retaliation Suite launches into a brassy funky groove with lots of triangle, some smooth sax, and provocative vocal samples. The political rhetoric contrasts nicely with the relaxed head-nodding qualities of the instrumentals. A great listen whether you play it in the background or listen to the words.

The Numbers Game is more of a departure from Thievery’s typical chill sound. Funky percussion, lots of soul and brass accompany the “Godfather of Go Go”, Chuck Brown, as he sings about the “same old game” and tells you to “shake out your mind”. Definitely a toe-tapping number.

The Shining Path is bass-heavy throughout and laced with haunting synths patterns. In the second half of the song, a tabla beat drops giving the song a more organic element, sort of a drum-circle vibe.

Blasting Through the City features Notch, whose earnest lyrics implore you to: “feel the struggle, but don’t give up the fight”. This reggae-infused downtempo track simultaneously makes you want to kick back on an island somewhere and join the a revolution.

Sweet Tides (feat. LouLou) A downtempo groove with a positive and uplifting feel to it. When LouLou sings in English, somehow she loses a bit of her charm, but the vocals are still very pretty. Seemingly uniform at first, a more triumphant hi-hat beat drops about halfway in to pick up the energy. The muted trumpets that fade out at the end of the song give it a nice polish.

In conclusion, we have another great accomplishment by the DJ duo. Some may say they went a little overboard with the number of guest artists, but it certainly adds diversity to the overall sound. The album is unique in that it preserves enough of the elements of Thievery Corporation’s core sound and feel and yet adds some new dynamics including the ramped up political undertones. I say two thumbs up and go buy/download/steal/burn (or do whatever it is you do to get new music) Radio Retaliation. If nothing else, spread the word. It’s worth hearing.

Thievery Corporation's New Album: Early Release on Facebook, iLike

Given the current chaos in the music industry, bands must find new ways to promote their music. From musicians using Twitter to connect with fans or partnering with brands to cross promote, we are seeing more and more examples of non-traditional music promotion and distribution. The artists who are willing to take risks and think outside the box, with their art and with their careers, are the ones we here at Evolving Music are most interested in.

One such band is Thievery Corporation. In addition to being a refreshingly unique group that fuses together a plethora of genres and cultural sounds, they are not afraid to speak their minds. Sure, everyone likes a good mindless “bump ‘n’ grind” tune from time to time, but you gotta respect the artists who choose to use their music not just as entertainment, but as a way to communicate what they believe and are passionate about (as we’ve covered in previous posts about artists such as Immortal Technique and Bataka Squad.)

The DJ duo, comprised of Rob Garza and Eric Hilton, hails from Washington DC, which “has long been the home of a music subculture legendary for fierce independence, a staunch do-it-yourself work ethic, and conscientious social activism.” They definitely practice what they preach. The organic multi-cultural sounds of dub, reggae, lounge, afrobeat and Indian music, to name a few, may catch your attention at first if you hear Thievery’s music at a neighborhood cafe or in a European nightclub. But, their uninhibited socio-political messages and passionate desire to open hearts and minds will keep you riveted.

Additionally, their diverse team of collaborators – singing in numerous languages, playing funky instruments, and each adding their own cultural thread to the musical quilt – give the band a truly unique sound. Not to mention their live shows, which can be pretty freakin amazing.

Photo by openeye

Their upcoming album, Radio Retaliation, purportedly takes their politicizing to a new level. According to Rob, “There’s no excuse for not speaking out at this point, with the suspension of habeas corpus, outsourced torture, illegal wars of aggression, fuel, food, and economic crises. It’s hard to close your eyes and sleep while the world is burning around you. If you are an artist, this is the most essential time to speak up.”

If you are on Facebook or iLike you’ll be able to stream Thievery Corporation’s new album on September 19th, before its official release on September 23rd. This is the first time the two social networking giants have ever worked together to promote an album.

Given that this album is particularly focused on the band’s disgust with the current state of American media, their decision to skip the middle man and go straight to their fans via the internet is appropriate, both for them personally and for the industry as a whole. According to Hilton, “We chose iLike as the platform to debut this record because it offers us a direct vehicle to share our music and communicate with fans worldwide, free from editorializing or whitewashing of our messages.”

For the fans among you, or those interested in gaining further insight into the artists and their message, keep your eyes out for a series of videos in which they introduce and discuss the album, which will be available exclusively on iLike. In the meantime, check out the title track on their MySpace.

To quote Rob Garza once more, “… if you can get people to question the things around them, just a little, then that’s not such a bad thing.”

On that note, here’s the title track from their 2002 “Richest Man in Babylon” album:

Doomtree Interview

Doomtree

Doomtree

For anyone who hasn’t heard of Doomtree, they bring a variety of MCs and DJs to the table in what has become a comfortable and exciting collaboration of individuals exploring how to produce and expand new hip-hop while pulling from other musical genres and multiple rapping styles. Doomtree demonstrates the potential that is created when numerous artists, most from seemingly disparate backgrounds, get together to create something new and different. Last week I had the opportunity to chat with P.O.S. and Mike Mictlan of Doomtree about their style, the idea behind the group, and of course politics. Enjoy.

AC: Hey, this is POS and Mike on the line?
POS: Yea.
MM: This is Mike.
AC: How you guys doing? Where you at today?
POS: Minneapolis, 32nd right off of Hennepin
MM: Minneapolis, Minnesota, Park and Franklin.

AC: What’s the general hip-hop scene like in Minnesota? People are starting to hear the name Doomtree and before that Atmosphere was real big. What are some other artists?
POS: For the most part, as far as hip-hop, it’s very diverse and large scene aside from Atmosphere and Doomtree, we’ve got Brother Ali, Self Divine, Kill the Vultures on some avant hip-hop, it can go on and on. It’s one of those cities that no matter where you’re at, any night of the week you can find a hip-hop show, and chances are three out of four will be decent. What do you think Mike?
MM: I could go on and on with that list. I’ve got a lot of favorite rappers out here, the scene is very thick in terms of hip-hop and music in general. Not only can you find hip-hop three nights a week, but you can find a lot of genres.
POS: Any number of punk rock, metal, hardcore, indie rock, pop, anything you’re looking for.

AC: You guys are obviously MCs, but there’s a lot of other musical genres and tastes that you bring into it. Talk a bit about your influences and what kind of musical backgrounds you both have.
MM: I’ve chosen rap my designated favorite style of music since I was 4 years old. Aside from rapping on an independent rap label, I’m a connoisseur of gangsta rap and various other hip-hop genres. In terms of doing actual music, right now I just rap my ass off.
POS: As far as me, I came up more interested in punk and hardcore from a very young age, as soon as I heard it, that’s what grabbed my attention because of the energy of it. And then as I grew up I got more into the experimental areas of that stuff, like the Fugazis, as well as underground hip-hop, all the old Rhymesayers stuff. I currently make hip-hop and play guitar and sing in a hardcore band, not really hardcore anymore, but it’s something off the wall called Building Better Bombs, it’s like a dancey, hardcore screamy mess.
AC: What kind of things do you do in order to get ready for these very different shows? Between your more punk and hardcore shows, and then coming in to do a hip-hop show with Doomtree, do you use different methods of preparation?
POS: Not at all. It’s all the same to me. It’s different songs and setting, and hip-hop shows tend to have more people at them, but I’ve been making music since I was real young, and it’s always been about getting a chance to go out and perform it and have a good time, it’s one of my favorite things to do. Preparation is about the same for both, it’s just wait until you get to go do it, and then go do it.

AC: In terms of the group Doomtree, where did the name come from and how did you guys form up?
MM: I don’t think any of us really know where it came from.
POS: It was some non-sensical banter. Sometimes you get something stuck in your head and say it, and then when we were tossing around names for an early stage of it, it was just a production crew called Doomtree. Then that blossomed as we started playing more rap shows. How it came together was me, MK Larada, Bobby Gorgeous and Cecil Otter started doing some shows that I had booked, solo shows. Cecil would come out and do my back ups. He had songs, but he was nervous, but then as he got less nervous we started splitting the sets in half. Sam was somebody we went to high school with, Mike we met in high school, and from there it snowballed into a nice solid crew that we all felt good around.
MM: I met Stef (P.O.S.) when I was in high school, we’ve been wanting to rap together ever since…Doomtree’s a monster.

AC: Obviously we have you two on the line, but you’ve just dropped a lot of names for a lot of people in Doomtree, so for the people who don’t know the crew out there, why don’t you talk a little bit about what the other members bring to the table in terms of their styles and musical input, and how do they form the rest of the group?
MM: Well we’re talking about 9 people altogether.
POS: I don’t want to step on you Mike, but I just thought of a solid answer. It’s essentially 5 solo MCs, myself, Mike, Sims, Dessa, Cecil Otter and Turbo Nemesis is a DJ, Paper Tiger is a DJ and producer, MK Larada is a producer, Lazerbeak is a mega super producer. We essentially make solo songs, each bring our own style, I don’t want to go into everyone’s style, but everyone brings their own favorite elements of music into it and then we pile it on. Mike’s from LA, we all have our own sound, our own individual styles, and when we write songs together we try to balance everything out to make sure everyone gets the proper shine, everyone gets the proper words in to round out the song as well as flex their own personal style, from solid pattern rapping to as poetic as people want to write.

AC: It sounds like you have a great collaboration and you just released your first album. Talk about the tracks on this album and what the listeners can expect to hear.
MM: This album is a long time coming. There isn’t really any filler. We just had a lot of straightforward rap. When I listen to it, I may be biased, it doesn’t sound like everything else, but it fits right in. It doesn’t sound like the new, it doesn’t sound like the old, but it fits somewhere in there, at least to me when I step outside it as a listenter. We all have a solo track on there, and the other 18 songs are all of us together with different styles. I think a lot of it is straightforward.
POS: I think straightforward to us is a little different. I definitely agree with Mike that we don’t sound like new, we don’t sound like old, but we mix right in. We all bring elements of what you expect to hear from hip-hop, but we all also bring out own little flair. I think that’s an accident, being in the Midwest, and kinda being outsiders in the Minneapolis hip-hop scene for a really long time, we ended up playing a lot of shows with a lot of bands, a lot of rock bands, catering to different crowds than rap crowds until we could actually get outselves put on, so I think over the years our style just kinda developed in that way. It’s not like excessively rock music by any means, but the rules are cast aside in terms of how it’s supposed to go, the roots are in raw pattern hip-hop, and trying to be the best possible rappers we can be without having to talk about rap all the time. If people haven’t heard any of us before and they pick up the Doomtree record, they could and they should expect to hear quality hip-hop production, quality raps varied over 5 entirely different sounding MCs with 5 entirely different styles, but it’s all stuff that you’re used to if you’re a fan of rap. If you’re not a fan of rap, the beats can get aggressive or melodic enough to where you’re in, just one of those things where we don’t put on any kind of face for anybody, we just go do it.
MM: And that’s exactly what I meant by straight up.

AC: How would you view the traditional music industry with major labels and CD distribution, and where it’s intersecting now and clashing in some cases with the mp3 and download industry.
POS: That’s something we kept in mind when we went into this record coming out. A lot of these songs were done and started being written 2 years ago, and then the others are brand new, mega fresh. But a lot of that came from trying to find the right people to help us with the right deal and right situation. We ended up talking to some smaller majors, some moderately bigger majors and some indies and we ultimately wanted it by ourselves and looked into who we could talk to to help us do that. We ended up going alone because we didn’t want to give up our digital rights, and people are offering these ancient deals that just don’t make sense anymore. It’s the kind of thing where the artist has more control over the product than ever in the history of music. That’s a double-edged sword because there’s tried and true ways of getting it done out there and getting paid for it, and then there’s this whole experimental new world that we’re kinda just launching ourselves into. So I don’t really know how the music business is supposed to go, but when people say that they can’t do it the way that we want to, we just say sorry we’re going to go do it this way now.

AC: In terms of not giving up your digital rights, you look at Radiohead and NIN who recently had very well publicized free releases and downloads of albums. Do you think it’s beneficial to give parts of your songs to fans in remix contest format? Do you agree with putting your music out there to let the fans interact with your music?
MM: I’m totally into that. Two people I know, their next project is acapellas and instrumentals for free downloads on their Myspace. What it’s really all about is getting your music out there. Especially with CD sales, all that we have left is touring, playing shows and selling merchandise if we’re ever going to make money. So in my eyes, I see using your CDs and music as a tool to get people to your shows and stay current to what you’re making. With the digital insurgence, if you will, we’re definitely at a point where we need to put as much music out as possible, so if that makes people remix it and get it out even more, that’s where it’s at.
AC: That’s demonstrated by the fact that before I heard about you through your PR company, I checked the “Dots and Dashes” track off Indiefeed Hip-Hop. What kind of touring are you doing and where can people look out for you coming up?
MM: After we put the crew record out on July 29th, one of the big reasons we didn’t go with any of the labels is that we wanted a very rigorous release schedule. With the finishing of our crew record, we had almost everybody finishing solo projects. On the 26th of August we had Cecil Otter drop his solo record. Me and Lazerbeak are putting out a collaboration out at the end of this month, September 23rd, and then we hope to have something coming from our camp at least every month until the summer. We just got off a tour with the Flobots, and I believe we’ll probably be going out with POS for his solo record coming out.

AC: You’re up in Minnesota right now and the Republican National Convention is taking place. What’s the atmosphere up there like, and where does Doomtree stand, if anywhere, politically?
MM: We’re all pretty incredibly liberal people.
POS: We’re on the left, like in the corner, talking to ourselves. The atmosphere out here is crazy. We’re in Minneapolis the conventions in St. Paul, but you can still see like 6 police helicopters flying over Minneapolis two days before.
MM
: I’ve seen unmarked vans with the doors open with guys in SWAT gear just waiting to pull up, I thought it was a drive by.
POS: Today was the first day of the convention and there was a cop car that got destroyed and a bunch of people got maced. There’s 72 hour holding cells for people if you don’t have a permit to demonstrate. Seems like a total headache nightmare…I’ll probably head down there tomorrow.
MM: There was a raid the night before last. Like 150 people got arrested.
POS: They weren’t arrested…they just busted into peoples’ houses got information and left. It’s bad news bears, but it’s to be expected, it’s the Republican National Convention. They definitely took down anything that isn’t bolted down. They were knocking down stuff 6 miles out from where the convention is, taking down lightposts just in case.

AC: That’s all the questions I’ve got for you guys today. Do you two want to plug anything, talk about any albums coming out, go for it.
POS: I just want to pump Doomtree.net and myspace.com/doomtree. People can go there and figure out whatever’s going on without having to think, they can just go there and look.
AC: I certainly appreciate you taking the time to talking to us at Evolving Music today.
MM: I appreciate you having us.
POS: Thanks man.

The Future of Copyright Law: Moral Rights & Attribution for Music

As a musician, my biggest concern with releasing my music over the web for others to remix is not that I’ll get paid if money is made, but that I’ll be attributed for my work. This is because, as an unsigned and unknown artist, I am currently more interested in cultivating a fan base than profiting from my art. As I see it, I will find creative ways to profit from my work once I have actually formed something that resembles a fanbase.

A good way of providing artists with attribution, irrespective of the destiny of their art, is through implementing a moral rights scheme that would ensure attribution for authorship, even if ownership of the music belongs to a third party. Originally laid out in Article 6bis of the Berne Convention of Literary and Artistic Works, moral rights were extended to music in 1996 through the WIPO Performances and Phonograms Treaty. Article 5(1) of that treaty reads: “Independently of a performer’s economic rights, and even after the transfer of those rights, the performer shall, as regards his live aural performance or performance fixed in phonograms, have the right to claim to be identified as the performer of his performances…and to object to any distortion, mutilation or other modification of his performances that would be prejudicial to his reputation.”

Moral rights generally include three rights: the right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work. These rights are separate from economic rights, and belong exclusively and perpetually to the original creators of the work, and not any third party who assumes ownership of a copyright, such as a record label.

In the music context, I don’t believe in the right to integrity, as in my mind, a piece of music is never finished, but rather constantly evolving. But, the right of attribution is paramount in the digital context. Since media can so easily be shared today, sharing should be embraced as long as the original authors are always attributed. Creative Commons has embraced this notion since its inception, and it’s time for Congress to recognize that this needs to be added to the Copyright Act to meet the necessities of the digital era. In fact, the United States Court of Appeals held, in Jacobsen v. Katzer, that Creative Commons licensors are entitled to copyright infringement relief. This means that if somebody uses a CC work that requires attribution without attributing the original author, a claim for copyright infringement exists.

With this legislative change, the US, a Berne and WIPO signatory, would seemingly be killing three birds with one stone: 1) deal with copyright law’s inadequacy in the digital age, 2) comply with Berne by adopting am adequate Moral rights scheme, and 3) comply with the WIPO treaty by extending moral rights to music. While the US became a member of the Berne Convention in 1989, the US has chosen to narrowly adopt a moral rights scheme and to apply it exclusively to visual arts under the Visual Artists Rights Act (VARA) of 1990. By omitting to do so, the US is failing to comply with the Berne convention and the 1996 WIPO Performances and Phonograms Treaty. So, maybe its time for Congress to actually got off its ass! I mean, are musicians less important that visual artists? Or is it that visual artists have more lobbying power?

An adoption of a music moral rights scheme would greatly tickle my paranoid pickle in the digital era, and it would help me feel comfortable in distributing my digital music in creative and innovative ways. Evolve, damnit!