Reflections on Record Store Day 2014

On April 19, Record Store Day, I got up early, had a quick shower and one cup of coffee (for reasons which may appear obvious later) and made my way to my first stop.  I knew from advance recognizance that the Great Escape in Nashville was likely to have many of the exclusive titles I was looking for (the RSD folks make  the list available online) which when coupled with an 8:00 starting time and a conservative line has made this location a no-brainer starting point for the past couple of years.

            True to form, the Great Escape had most of the special Record Store Day releases I was looking for and a few surprises in the regular stock.  I was out of there before 9:00 a.m. and ready for my next stop.  I knew that Jack White had promised to record and release the world's fastest single that day and more significantly I had it on good authority that his Third Man  Records was going to be stocking Neil Young's A Letter Home which was recorded on  Jack's Voice‑o‑Graph late last year.

 

            Between waiting in line to get into the store at Third Man to purchase the Neil Young album and waiting in line for the world’s fastest single I probably spent four hours at Third Man.  I had a blast people watching:  Hipsters, soccer moms, soccer kids, even some honest to goodness dope smoking burnouts. I got to hear a couple of cool young bands in the parking lot.  We all go to watch as the suspicious looking motorcycle cops drove up escorting Jack White while he delivered on his promise to create the world's fastest record pressed (at one of the coolest places on earth,  United Record Pressing) in something like 3 hours 55 minutes.  Because of prior commitments I didn't get to hit Grimeys or the Groove or the new store Fond Object - but there's next year.

            Why I am writing all of this?  Because I want to relate how much fun I had buying records and perhaps more importantly participating in the communal activity of buying records.  For those of us of a certain age the record store was an important part of our musical development. From the formal stores of my youth to the head shops of my early teenage years to the mega chains of yesterday, all were important. Record Store Day as an event has brought back the fun of the record store, something we all used to experience on a weekly if not nearly daily basis and I can't help but think this has had a positive effect on the music industry.  It certainly had a positive effect on me and 

all those folks at Third Man Records a couple weeks ago.

            As I write this, I am aware that artists like Paul Weller are less than charitable in their view of Record Store Day because of the obvious profiteering that always arises when demand is greater than supply.  As much as I admire Weller (and I admire him a lot), I think his comments are a bit short‑sighted   He complained when his Record Store Day single, which was apparently limited to 500 copies ended up on eBay. What did he expect?   Sure, all of the bad things that Weller describes happen but they would happen with or without Record Store Day (have you tried to buy a concert ticket lately?)

            I applaud Record Store Day and the companies that participate by doing something to make their releases special and by keeping the buying experience fun.  I see that some comic book stores are starting to adapt the model and I can't help think that book stores should try to create the same strategy to bring people in; as a child of two booksellers I like this idea.

            My inner teenager and I are already looking forward to next year (and oh yeah, record store Black Friday in November).

Lessons from Junior Kimbrough

I teach a class called “Music Industry Law” and at least once a semester I try to update my students on a relevant pending court case or recently settled dispute.  This semester I had a difficult time finding anything relevant to talk about (I wasn’t about to try and discuss the case or net neutrality).  Finally, out of desperation I found a citation on the always entertaining Courthouse News Service website concerning the Mississippi Supreme Court’s ruling in the case challenging the last will and testament of David (“Junior”) Kimbrough. 

Aereo

I was interested in this case both because I knew one of the people involved and because I really like Junior Kimbrough’s music.  On a side note,  his album Most Things Haven’t  Worked Out is the best title for a blues album ever. 

The gist of the case was that the court upheld Kimbrough’s will and his intent to leave his entire estate to his girlfriend Mildred Washington instead of the four of his children who came forward to challenge the will as well as “his supposed 36 children” in all.  Clearly, Junior Kimbrough was a very busy man. 

There is actually an important point here.  Kimbrough clearly had very specific intentions with respect to his estate.  He made sure those intentions would be carried out by executing a formal last will and testament.  The will, properly executed withstood challenge.  This should serve as a reminder to anyone who is contemplating executing a will – stop thinking about it and get it done, especially if your estate involves intellectual property and especially if your intentions are anything different than simply leaving your assets to your next of kin.  In this case, for Mr. Kimbrough, things seem to have worked out. 

DRONES: How New and Evolving Laws on Unmanned Aerial Systems Will Impact My Clients

I am always trying to keep up with emerging law and technology and how these things might affect my clients in the music industry. There are so many things to be worried about these days- online piracy, streaming, consolidation and now…of course…drones.

The Nashville Bar Association always puts on informative continuing legal education seminars and this one sounds pretty exciting. 

Digital Estate Planning

            I have been following the rapidly evolving world of estate planning for digital assets for some time, partially confused and concerned by the myriad of laws and  competing interest in this area.

            Part of this arose from trying to help the family of a deceased client deal with a truly awful post-mortem issue with Facebook.

            I came across an excellent article in the February issue of the Nashville Bar Journal by Nashville attorneys Jeff Mobley and Laurie Parker called “Heartaches by the Numbers:  Estate Planning for the Digital Age”.  The piece gives an excellent overview of the current positions of such companies as Facebook, Google and Twitter in dealing with the representatives of deceased users.  But the article brings up  so many other issues.  For example, what does one do with online photo albums such as those hosted by Tumblr, Instagram and Flickr?  What about online money that may be held in a PayPal account?  What about an iTunes library?  What about a domain name?  The authors really help pull all of these disparate issues into perspective.

            They also point out that at least seven states have enacted legislation  that gives personal representatives legal unfettered access to a deceased person’s digital accounts and that Tennessee is considering such legislation.

            The most helpful part of the article is the author’s suggested language for powers of attorneys and wills giving fiduciaries and executors specific authority to deal with these issues.  I plan to incorporate these clauses into my documents going forward and to recommend updates to some of my more social media active  clients.

            I’m also going to warily compile a list of my own digital assets such as they are, just to make sure that my digital presence doesn’t linger much longer than my temporal presence.  Again, my thanks to these authors for making this complicated subject seem manageable.

The Long Players Turn 10

In honor of the Long Players' Tenth Anniversary, I am re-posting a piece I wrote about them several years back...Here's to another decade of great music...

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Friday, November 7, 2008

God Save the Long Players

I am as guilty as anybody of taking my adopted hometown for granted. I complain about everything form the number of luxury condos blighting the once familiar landscape to the current state of country music. However, every now and then I am reminded why Nashville is such a unique place to live. This usually happens every time I see a Long Players gig. The Long Players are a group of stellar musicians and friends who come together every couple of months to perform a classic album in its entirety. The catch is that they employ a guest vocalist for each individual song and the results are always fun and occasionally thrilling.

The group emerged from a secret cabal of record collectors and vinyl enthusiasts (of which I could say more but they would have to shoot me). Core members of the band include Bill Lloyd, Steve Allen, the always amazing Steve Ebe, John Deaderick and Brad Jones (in the bass player spot formerly occupied by Garry Tallent). Although multi-instrumentalist Jim Hoke is not a permanent member of the band, he might as well be. Guest musicians and vocalists with the band over the years have included Joey Molland, Marshall Crenshaw, Al Kooper, Webb Wilder, Chuck Mead, Hans Rotenberry, Suzy Boggus, Alison Moorer, Ashley Cleveland, Mike Farris, Beth Neilson Chapman, Danny Flowers, Gary Burr, Brendan Benson, Mike Grimes, Dan Baird, Tom Petersson (from Cheap Trick), Adrian Belew, Bobby Keyes, Dez Dickerson, Will Kimbrough, Jimmy Hall, Radney Foster, Matthew Ryan, Kim Richey, Joy Lynn White, Siobhan Kennedy, Maura O’Connell and many more. The group has presented albums from every one from the Beatles to the Clash (with stops along the way for Dylan, the Stones, the Who, Tom Petty, even the Cars). There is a strict aesthetic to the performance which requires the presentation of the entire album and no greatest hits compilations allowed, although generally all of a band's hits are performed during the second set.

What shines through each individual performance is a coming together of people from all segments of the music industry and performers at the top of their game performing for a sheer love of the music that has inspired all of us in some way. The other night I heard the Long Players perform “Abbey Road” and I was really transfixed by hearing this well known familiar music performed raw and live (something the Beatles never got around to doing). It made me feel very positive about life here in Music City.

Let Us Now Praise Don Henley

I am not really  an Eagles fan.  I think the band peaked around the time of "Already Gone".  However I became a born again Don Henley fan after hearing "The Boys of Summer" and "The End of the Innocence".  That whole album hit me at the right time and it has become a favorite.

            I have become somewhat bemused  at the dispute between Don Henley and the band Okkervil River.  Apparently the group  posted a cover recording of Henley’s "The End of the Innocence" online as part of a free mix tape.  Henley, being a prudent copyright proprietor instructed his attorneys to send a demand letter requiring that the song be taken down.

            According to a quote from Australia's The Music, Okkervil River founder Will Sheff responded by saying "It's a real dick move man.  I guess he's an old‑fashioned guy who doesn't understand.  I mean the f..ing thing was free!  I don't really get what his issue with it was."

            The issue is apparent.  One artist thinks he can exploit another artist's intellectual property without compensation because it's being given away for free.  Henley as a copyright owner has exclusive right to distribute and perform his compositions and the right to stop the infringement of those compositions.  I actually applaud Henley for taking a principled  stance against the cheapening and devaluation of music.

            I have no problem with an artist deciding to give their own music away – I don't really agree with the premise but again, I don't have an issue with someone making an informed decision about their own copyrights.  However,  this band needs to respect Henley's property right and to get away from the notion that because you're not charging for your work somehow the other copyright participants should be supportive of your endeavors and not charge for their work.

            I don't really want to single out Okkervil River – they're an interesting band (and they have recorded with one of my heroes – Roky Erickson) but I am reminded of the current hue and cry from musicians over the streaming services such as Spotify and Pandora not paying artists and songwriters enough money.  This is a battle that has yet to be decided --but in order to advance the cause for artists trying to increase the  value of their work we have to do everything in our power to get rid of the notion that music is and should be free.  Don Henley has been a strong advocate for artists' rights for years and I believe his actions in this case demonstrate  a stand for  songwriters' rights; this is  anything but a "dick move".