Re: boot me baby, but don't sell it

1999-03-28 Thread Danlee2

Larry wrote;

  (And after years of not participating in discussions because of the digest
   factor, and having posts ignored, it's an honor to be debated by Joe 
 Gracey.
   And I'm not being facetious.)

 I don't have anything to add to the main point of this thread, but I do
want to say to Larry (and others) that as a former digester/lurker/and someone
who pretty much thought the few posts he ever did send thru were ignored
(hell, they probably still are g), I can relate.  But fwiw, I've always read
your posts and gotten a lot out of them.  I try to often drop an off-list note
to tell folks when one of their posts strikes home for whatever reason, but
don't always do it, for sure.

All I'm trying to say is that just because you don't see a response to
a post doesn't mean it didn't receive careful consideration.  For what that's
worth.

dan



Re: boot me baby, but don't sell it

1999-03-28 Thread Jim Fagan

 But Joe, weren't you exposing your art to the public in that show that my 
 hypothetical buddy recorded?  Last fall, Richard Thompson toured and 
 played a number of new songs that will presumably be coming up on this 
 spring's new album.  He was very much against these shows being taped, 
 because he wanted the songs "to be new to everyone" when the album 
 appears.  Okay, so playing those songs to maybe 10,000 people on the tour 
 is somehow going to keep the music "new," but having 200 or so fanatics 
 hear them via the tapes will not?  Maybe I'm just a simpleton, but if 
 Thompson didn't want people to hear those songs until the album came out, 
 then what was he doing playing them in public performance?
-- rest snipped

There was a similar thread last year on the Bob Mould list.  He was
playing out new songs which would them be part of his _Last Dog and Pony
Show_ release.  His reasoning against taping these shows (he has always
been pro-taping of his shows), was that with the new songs, he hadn't
even recorded them yet.  They really are part of his own intellectual
propery.  What if some local band hears a tape of an unreleased song
and then records it?  Now it is no longer his song, but this bands'
song.  

I understand this line of reasoning, and agree completely with it.
But also, I try to tape a lot of shows myself for my own personal
enjoyment after the fact, and in case anything magical happens at
the show I want preserverd, like Alejandro singing "Excuse Me..."
with Whiskeytown at the Electric Lounge (RIP).  I'm sure this didn't
happen at every stop of the tour, and I felt special about hearing
it, and can hear it right now.


NP: Eliiott Smith - Liberty Lunch show 3/10/99
 
 Larry
 


-- 
Jim Fagan| AIX Build Architecture and Integration  | [EMAIL PROTECTED]
Internal T/L 678-2458 | External (512) 838-2458 | Austin, Texas| fagan@austin



Re: boot me baby, but don't sell it

1999-03-28 Thread Chad Cosper


There was a similar thread last year on the Bob Mould list.  He was
playing out new songs which would them be part of his _Last Dog and Pony
Show_ release.  His reasoning against taping these shows (he has always
been pro-taping of his shows), was that with the new songs, he hadn't
even recorded them yet.

This is an interesting turnaround for Bob, who encouraged taping of the
acoustic shows during which he worked the kinks out of songs which were to
appear on Sugar's _FUEL_.  I have hours and hours of recorded shows from
that tour and it seemed as though he was covering himself by explaining the
song in detaila nd explaining how each would sound on the album.  He spoke
very intentionally regarding this before he played almost every song.  He
liked to hear the tapes that fans made and even included one on CD in
Sugar's _Besides_ collection.  If I remember correctly from when I was on
Bob Mould's listserv, he put out a call to fans who had recit show because
he felt that he and the band had nailed the song "Explode and Makeup" and
he wanted to make it available because he swore he'd never do it live again
because it had been done.

Chad

**
Chad Cosper
Dept. of English
Univ. of North Carolina at Greensboro
336-275-8576
http://www.uncg.edu/~cscosper




Re: boot me baby, but don't sell it

1999-03-27 Thread Joe Gracey

Larry Slavens wrote:

Joe (I) wrote:
since I insist on my
right as an artist to control what happens with my art. Pretty simple
 concept.
 
 Simple?  Yes and no.
 So what makes that performance good enough for those people in the venue,
 but not good enough for me to listen to at home?

I think it is a crucial difference, one that is at the heart of this 
debate. When you stand up and sing a song, it is gone at the moment that
it is born. However, if somebody tapes it it then becomes a different
thing from an ephemeral instant in time. If you are having a sub-par
night for some reason, at least the damage is over as soon as it
existed, unless somebody is taping it, at which point the damage can go
on forever.  I think this story (which I am only remembering from an
article I read years ago, and probably butchering) illustrates, at least
 tangentially, my point:

A visitor to Picasso's studio reaches into the trashcan and retrieves a
discarded piece of work and asks if he might be allowed to have it as a
keepsake. Picasso says "No, no that is worth millions of dollars. If you
would like to buy it, contact my agent." The visitor remonstrates "but
this was trash moments ago" and Picasso says "yes but now it is a Picasso".

While I am not saying live performances are trashcans, I am trying to
show the difference in my mind if you merely witness my performance,
good bad or ugly, and go home with the memory of it in your mind as
opposed to your taking a record of the performance with you, to be
replayed through time as representing my work. While it may do that, I
still instist on the right to leave that performance in the trash if I
so desire. Live performance and taped performance are two completely
different creations, with different sets of criteria. Once that tape
machine is on, a completely different set of rights comes into play, all
of them mine.

I had to learn this the hard way when I released some stuff on my little
label that the artists weren't especially pleased with, and it really
hit home to me how painful and invasive of their basic rights it was for
me to do that. I realize tapes are not releases, but I just see no way
to avoid the fact that the artist has absolute veto power over taping. 

I find myself in an odd position here because I am really trying to
define a very important right while not especially worried about the
current reality. As far as I am concerned, the guy who wrote in from
Australia about how hard it was for him to ever see any of these people
in person and how important tapes were to him makes perfect sense, and I
understand that tapes in reality present very little if any threat to
the artist unless abused. I just hate to see music treated as something
apart from the artist; like Will Miner said something like "didn't the
artist basically give up his right to it once he sings it" (or at least
that's how it struck me) and I just can't stand that.  

 But Joe, weren't you exposing your art to the public in that show that my
 hypothetical buddy recorded? Maybe I'm just a simpleton, but if
 Thompson didn't want people to hear those songs until the album came out,
 then what was he doing playing them in public performance?

again, I think there is a huge difference in the transient nature of a
live performance vs. a tape. If tapes of his new material get out way
ahead of the record and get played on the radio for instance (easy to
have happen) then it really screws up the thing he is trying to do.

 You must have more artistic control than many performers.

I'm talking about broad rights based on control of copyrights, masters,
etc. When you sign a record deal, you are actually signing away your
right to control those masters. However, with unsanctioned tapes, you
never got the chance to even do that. This is a fundamental difference.

 And the serious tape collector is confused too.  Does the circulation of live
 tapes take income away from the artist?  

It takes away the ability to derive income from those recordings of the
artist's performance. I see no way around this fact. Regardless of how
salubrious the effect on the artist may be in the end, free tapes are
still a violation, no matter how well-intentioned or benign, of the
basic idea of ownership of artistic property. You can be very casual
about this right, as the Dead and others are (were), or you can be all
humped up about it, which I guess most big touring acts probably are. I
could probably argue either way, depending on if I woke up as the
hippie/commie me or the budding hard-ass me as I slowly morph into my
father the corporate defense lawyer.

I think much of this is rapidly being made moot by digital-realm
recording and duping. It will soon be that artists will only derive
income from the very first incarnation of their music (and from
controlled licensed usage, which won't be altered) and after that they
will simply get used to living with a large shaft in a delicate part of
their anatomies.
 
 (And after 

Re: boot me baby, but don't sell it

1999-03-26 Thread Dave Purcell

On a related note, look up Uncle Tuplelo or Wilco on Ebay. At any 
given point, you'll find all sorts of CD-R bootlegs for sale. Sad.

Dave


***
Dave Purcell, [EMAIL PROTECTED]
Northern Ky Roots Music: http://w3.one.net/~newport
Twangfest: http://www.twangfest.com



Re: boot me baby, but don't sell it

1999-03-26 Thread Joe Gracey

Larry Slavens wrote:

 
 What's got me about this discussion is the doublethink.  I'm not
 supposed to have this live music that I didn't "pay" the artist for--

This was not my, at least, point. Whether a live tape is free or not is
not the issue with me. All I ask is the courtesy of a veto over a bad
show, or for that matter for any reason whatsoever, since I insist on my
right as an artist to control what happens with my art. Pretty simple
concept. While I don't have any passionate feeling about tapes floating
around out there and consider them mostly harmless in practical terms, I
do have an uneasiness about them insofar as they may violate my right to
control how my art is exposed to the public. this is such an important
and fundamental concept that it almost takes on a kind of holy aura with
me, like the right of free speech, etc. 

It seems to me that it's pretty
 easy for industry weasels g who enjoy lots of free music to cast
 stones at a music exchange medium that they don't participate in.

I don't really see how promo music relates to tape trading. Promos fall
entirely within the confines of what I am talking about, the artist's
right to control how his music is presented. 
 
 (And I'll join the musicians in their everyone-should-pay-for-every-
 note-they-hear argument if they join me in my campaign, as a
 writer, to close down every library, used book store store, copying
 machine, scanner, and the like, so that every person who reads my
 work has to pay for it.  It's only fair.)

I have often wrestled with this similarity. How is a used book store any
different than a used CD store? It seems to me that to be entirely fair
there should be some way of assessing a royalty at the point of sale of
all books/CDs/art. 

One last thought. Even though tape trading may be harmless and not for
profit, there is still something there that bugs me. All I have to sell
is my music. If my music goes around endlessly for free, am I not being
deprived of compensation for what I do? I am not angry or blustering
about this, just slightly confused by it.



-- 
Joe Gracey
President-For-Life, Jackalope Records
http://www.kimmierhodes.com



Re: boot me baby, but don't sell it

1999-03-26 Thread Will Miner



Joe Gracey wrote:

 One last thought. Even though tape trading may be harmless and not for
 profit, there is still something there that bugs me. All I have to sell
 is my music. If my music goes around endlessly for free, am I not being
 deprived of compensation for what I do? I am not angry or blustering
 about this, just slightly confused by it.


Given that radio is now a complete failure at exposing new or more 
marginal artists, trading tapes around is one of the few ways people have 
to share music with others.  CD stores can also help in this and let 
you listen to a CD before you decide to buy it.  But most CD stores 
won't let you sample things and a lot of CD buyers are squeamish about 
buying a CD with an opened wrapper, as if you were sharing used needles 
or something.

At one point I regularly compiled my latest favorites on tapes and sent
them to my friends.  People got to hear a lot of music they wouldnt have
otherwise, and in the end bought a lot of CDs they never would have
bought.  Unless a record is overhyped and sucks, I think sharing music 
leads to more sales rather than fewer, because people will buy things 
that they would probably not have risked forking over the money for.

While I can understand Joe's wanting to control what of his performances
get released, I think that tape trading (when it doesnt involve
bootlegging) is ultimately better for the music world.

I'm not quite sure what I think about distributing tapes of live shows.  
Again, Joe's objections make sense.  But on the other hand I think that 
at the moment of performing, one is, in a sense, releasing the music.  
One certainly does to all ears who are there listening.  There's not a 
whole lot of control you can exercise at that point if things are coming 
out right.  I'm not sure that taping makes that any worse.  And if taping 
has those side benefits that Bob mentioned -- that one might be able to 
hear a performance by an artist who he has not been able to see -- then I 
find it hard to blankly criticize it.  (The gravity of this problem is 
particularly acute now that I'm here in Denver, which most touring bands 
seem to keep south of when they head out to the West Coast.)


Will Miner
Denver, CO






Re: boot me baby, but don't sell it

1999-03-26 Thread Larry Slavens

Reading today's digest, looks like this topic has pretty much blown by, but 
as a digester, I reserve the right to flog the dead horse a little. g

Joe Gracey (and I) wrote:

 What's got me about this discussion is the doublethink.  I'm not
 supposed to have this live music that I didn't "pay" the artist for--

This was not my, at least, point. Whether a live tape is free or not is
not the issue with me. All I ask is the courtesy of a veto over a bad
show, or for that matter for any reason whatsoever, since I insist on my
right as an artist to control what happens with my art. Pretty simple
concept. 

Simple?  Yes and no.  If we're talking about some session you recorded and 
never released, I'd agree--yes, simple, you should have the only say in 
whether that music gets circulated beyond the confines of your studio.  If 
we're talking about that show you played in public last night, I'd say no, it's 
not that simple.

Let's say you think last night's show wasn't one of your finer performances 
and that you wouldn't want someone to hear it on tape.  Did you give 
everyone at the show their money back, or announce for the stage, "Oh jeez, 
people, forget everything you heard up here tonight.  Come back for free 
tomorrow night and we'll try to give you a better show."  (I know from talking 
to musicians that there are nights that they may feel that way, but no one's 
ever offered a refund at any show I attended.  And yeah, I've heard a few that 
to describe them as "off nights" would be very kind.)

So what makes that performance good enough for those people in the venue, 
but not good enough for me to listen to at home?  No one listening to a live 
tape is expecting to hear hundred-take in-studio perfection.  We couldn't go 
to the show, you didn't come to us, but we'd like to hear you perform a show 
anyway.  You presented this music to those people at the club, so what's so 
different about presenting it to me in my living room (via a tape deck)?

While I don't have any passionate feeling about tapes floating
around out there and consider them mostly harmless in practical terms, I
do have an uneasiness about them insofar as they may violate my right to
control how my art is exposed to the public. 

But Joe, weren't you exposing your art to the public in that show that my 
hypothetical buddy recorded?  Last fall, Richard Thompson toured and 
played a number of new songs that will presumably be coming up on this 
spring's new album.  He was very much against these shows being taped, 
because he wanted the songs "to be new to everyone" when the album 
appears.  Okay, so playing those songs to maybe 10,000 people on the tour 
is somehow going to keep the music "new," but having 200 or so fanatics 
hear them via the tapes will not?  Maybe I'm just a simpleton, but if 
Thompson didn't want people to hear those songs until the album came out, 
then what was he doing playing them in public performance?

It seems to me that it's pretty
 easy for industry weasels g who enjoy lots of free music to cast
 stones at a music exchange medium that they don't participate in.

I don't really see how promo music relates to tape trading. Promos fall
entirely within the confines of what I am talking about, the artist's
right to control how his music is presented. 

You must have more artistic control than many performers.  I hear about 
bands that have no say in what songs get released on promos or the full-
length releases, have the promos charged against royalties, and then have 
industry-connected weasels sell them off to used CD stores or collectors.  I 
don't see a lot of difference between the industry weasel selling a promo CD 
and the bootleg weasel selling a live CD-R, except that one's selling music 
performed for public consumption via a recording studo, and the other's 
selling something performed for public consumption via a club.  They're both 
weasels.  

But I see another similarity between a promo CD and a live tape-- in a best 
case scenario, both can increase the exposure of an artist and lead to 
someone buying a commercial release or attending a show.  Worst case, 
the tape collector doesn't like the tape or the band and doesn't buy a CD. . . 
but the promo CD gets sold to a used CD shop, who sells it to a customer 
*in place* of a commercial release that the customer might otherwise have 
purchased.  Does the first case represent a loss to the musician?  Only if 
the tape collector would have purchased the CD if he hadn't heard the tape.  
The second case surely does.

 (And I'll join the musicians in their everyone-should-pay-for-every-
 note-they-hear argument if they join me in my campaign, as a writer, to
 close down every library, used book store store, copying machine,
 scanner, and the like, so that every person who reads my work has to pay
 for it.  It's only fair.)

I have often wrestled with this similarity. How is a used book store any
different than a used CD store? It seems to me that to 

Re: glass houses:(was Re: boot me baby, but don't sell it)

1999-03-25 Thread Joe Gracey

Bob Soron wrote:
 
 At 5:19 PM -0500  on 3/24/99, [EMAIL PROTECTED] wrote:
 
 so now that i've been beaten up for my views on bootlegging, am i to assume
 that all those that have had a dissenting view point in one form or another
 have never purchased, or even traded for, such an item? just curious...

Let me try to explain my vehemence regarding this subject...

I produced an album with Stevie Ray Vaughn and Lou Ann Barton- two,
actually, in 1979. Stevie and I parted ways when he went to Epic and I
handed over every single one of my tapes to his manager. I didn't keep
dubs or copies or nuthin' because I loved Stevie and I didn't want the
bad karma of the temptation of a bootleg hanging over me. 

Now some dick-weed has bootlegged MY stevie sessions and pressed them
and is selling them, apparently using a copy of MY mastering that I had
given to Stevie and the band to approve. 

I cannot tell you how angry this makes me. I have no tolerance for this.
Not only is Stevie's estate being robbed here, but I and the band are
being screwed as well.  

Trading of concert tapes is a different thing, although as an artist I
feel that I should have control over whether sub-par performances get
out. Kimmie and I never sign releases prior to a show, only after we
view the results, and if anybody were to ask about taping I just say
"send me a copy of it and we'll talk about it" because in truth, an
artist deserves and in fact owns the right to all performances. Because
music or spoken word are ephemeral rather than concrete, there is an
underlying feeling that they are less "owned" by the artist. This leads
to all sorts of abuse, ranging from terrible shows passed around to laws
passed by Congress taking away royalties for commercial use of
copyrighted music. I view it as a matter of degree and intent- if you
love somebody enough to want to tape them and trade tapes with other
fans, great, but give the artist the courtesy of saying yes or no. If
you are selling the artist's image or work without consent or royalty
agreements, then you are stealing property.

thankyouverymuch,  

JG
-- 
Joe E. Gracey
President-For-Life, Jackalope Records
http://www.kimmierhodes.com



Re: glass houses:(was Re: boot me baby, but don't sell it)

1999-03-25 Thread Bob Soron

At 10:57 AM -0600  on 3/25/99, Joe Gracey wrote:

Let me try to explain my vehemence regarding this subject...

I produced an album with Stevie Ray Vaughn and Lou Ann Barton- two,
actually, in 1979. Stevie and I parted ways when he went to Epic and I
handed over every single one of my tapes to his manager. I didn't keep
dubs or copies or nuthin' because I loved Stevie and I didn't want the
bad karma of the temptation of a bootleg hanging over me.

Now some dick-weed has bootlegged MY stevie sessions and pressed them
and is selling them, apparently using a copy of MY mastering that I had
given to Stevie and the band to approve.

I cannot tell you how angry this makes me. I have no tolerance for this.
Not only is Stevie's estate being robbed here, but I and the band are
being screwed as well.

Joe, that really sucks, and I'm behind everything you say. I've got no
use for this sort of thing myself. I have heard that in the case of the
one unreleased album I own, the artist (someone you've known for a long
time, and that should make it pretty obvious) was very frustrated at
the label's decision not to release it and made copies pretty liberally
available. Now, if that's true, hindsight doesn't help him much if he's
changed his mind since then. If that isn't true but some after-the-fact
rationalization cooked up by people in a position to know him down
there, let me know. (And while this isn't any consolation on any sort
of basis, my copy isn't good enough quality to trade to anyone else
anyway.)

It also sounds like someone -- either Stevie or his manager, perhaps --
may have considered the tapes a souvenir at some point, something to be
given as a gift rather than property in which many had not only a
financial but also an emotional stake. It would only be just for that
snake's skin to be turned into boots. g

Trading of concert tapes is a different thing, although as an artist I
feel that I should have control over whether sub-par performances get
out. Kimmie and I never sign releases prior to a show, only after we
view the results, and if anybody were to ask about taping I just say
"send me a copy of it and we'll talk about it" because in truth, an
artist deserves and in fact owns the right to all performances. Because
music or spoken word are ephemeral rather than concrete, there is an
underlying feeling that they are less "owned" by the artist. This leads
to all sorts of abuse, ranging from terrible shows passed around to laws
passed by Congress taking away royalties for commercial use of
copyrighted music. I view it as a matter of degree and intent- if you
love somebody enough to want to tape them and trade tapes with other
fans, great, but give the artist the courtesy of saying yes or no. If
you are selling the artist's image or work without consent or royalty
agreements, then you are stealing property.

I do have stuff I would never trade because I know the artist wouldn't
want it to be traded. Obviously, this implies there were folks further
up the chain who weren't so worried about that. I can't be responsible
for them, but I can try to have some ethics myself. Since I don't tape
shows myself (as I told one person offlist, this is pragmatic -- I'm
there to have fun, not to attend to the logistics of hidden recording
equipment), I'm a pretty small fish in a pretty big pond.

But I do want to suggest, and this isn't to contradict a single thing
you say, that there can be a disparity between what the performer and
the fan considers a terrible show. Let's take, purely for the sake of
argument, Kimmie. I've lived in two pretty good music towns, I've been
a fan since '90 ("Angels Get the Blues"). I still didn't see y'all
until last year's Twangfest. Now, I know that isn't from a lack of
trying on your part, but it still worked out that way. Now, that set
was a really fine one, and would have been even without the Magic Feet
of Tom Ekeberg, but even if you folks had thought it was a tough one, I
figure I would have been pretty happy. Now, I don't own a tape of the
set or any of the TF sets (I was counting on the official live tape,
RIP), but again, to bring it back to general terms, if there's someone
whose work I've enjoyed for a long long time and after many years I get
to see them and I end up with the opportunity to have a souvenir of
that moment, I'll want one. Again, I do respect the wishes of folks who
don't want it traded, but for myself? Sure.

Bob




Re: glass houses:(was Re: boot me baby, but don't sell it)

1999-03-25 Thread Joe Gracey

Bob Soron wrote:

 
 But I do want to suggest, and this isn't to contradict a single thing
 you say, that there can be a disparity between what the performer and
 the fan considers a terrible show. 

Most artists are perfectionists of one kind or another (it is one of the
qualities that helps them get anywhere) so what they consider bad may
not seem so to a normal human. This is impossible to draw a solid line about.

-- 
Joe Gracey
President-For-Life, Jackalope Records
http://www.kimmierhodes.com



RE: glass houses:(was Re: boot me baby, but don't sell it)

1999-03-25 Thread Jon Weisberger

Oh, yeah, almost forgot...

I've never bought a bootleg, nor do I solicit trades.  I do have about two
dozen tapes of live shows (I'm the guy Bob referred to in his post in this
thread yesterday) by a half-dozen different artists, all but one of whom
were the original, and in most cases the immediate, sources for the tapes -
and I know because I've asked 'em; in most cases, they were given to me
directly to illustrate some point or other we were discussing (example: I
was talking with a member of Band A about a number written by a member but
never recorded by them, that was recorded by Band B; he gave me a tape of a
Band A show that had their version, so that I could check out differences in
arrangements and solos).  I have also, on a handful of occasions, made
copies of a couple of these tapes for individuals I think I know and I
trust.  That's not a 100% reliable control, but it sure beats posting lists
of stuff for trade with all and sundry.  Like Nancy said yesterday, you have
to draw the line somewhere, and that's where I draw it - and recent trade
solicitations on this list from folks who pop up out of nowhere don't make
me feel like it's a bad place to do so.

Jon Weisberger  Kenton County, KY [EMAIL PROTECTED]
http://home.fuse.net/jonweisberger/



Re: glass houses:(was Re: boot me baby, but don't sell it)

1999-03-25 Thread JKellySC1

In a message dated 3/25/99 1:10:35 PM Central Standard Time,
[EMAIL PROTECTED] writes:

 Now some dick-weed has bootlegged MY stevie sessions and pressed them
 and is selling them, apparently using a copy of MY mastering that I had
 given to Stevie and the band to approve. 

I believe the culprit is Home Cookin' Records out of Houston. Well known for
it's blues bootlegs, they are calling it a LouAnn Barton album with the title
"Sugar Coated Baby". The XL Ent. insert in today's AA-S said that "neither
Barton or the SRV estate are happy about the album."  Well, duh.

If anyone has the label's Email address maybe we can mass-flame them!!

Slim - lookin' for trouble



Re: glass houses:(was Re: boot me baby, but don't sell it)

1999-03-25 Thread Joe Gracey

[EMAIL PROTECTED] wrote:
 
 In a message dated 3/25/99 1:10:35 PM Central Standard Time,
 [EMAIL PROTECTED] writes:
 
  Now some dick-weed has bootlegged MY stevie sessions and pressed them
  and is selling them, apparently using a copy of MY mastering that I had
  given to Stevie and the band to approve. 
 
 I believe the culprit is Home Cookin' Records out of Houston. 

Actually, I think this is a different session they are pressing. I can't
recall the name on the boot I saw of my sessions. 

-- 
Joe Gracey
President-For-Life, Jackalope Records
http://www.kimmierhodes.com



Re: boot me baby, but don't sell it

1999-03-25 Thread Larry Slavens

I always find these debates interesting, as I've been a tape trader 
for about 17 years.  And that's TRADER-- I've never bought a 
"bootleg" tape or CD, have never sold a tape, and won't trade with 
anyone who looks like they may sell tapes/CDs.  Trading tapes 
has introduced me to a lot of music that I never would have heard 
otherwise-- translating into a lot of CDs that I never would have 
bought or shows I never would have gone to.  I probably wouldn't 
have found this list two or three years ago had not a friend put 
some Uncle Tupelo/Wilco filler on the tape of a Jayhawks show he 
sent me.

I hate bootleggers too, for a different reason than what Nancy and 
others have expressed-- by selling bootlegs of live performances, 
they're making me and every other live music collector look like 
scum, out to make a fast buck off the music we collect.  CD 
burners have made it so easy for any spoiled frat boy to run some 
bootleg discs to sell for beer money that I'm afraid more and more 
artists who formerly encouraged or allowed taping to ban it.  

I love live music.  I want to hear what an artist/band can do when 
it's just them and their instruments up there, with no Lanois 
twiddling the knobs or dozens of overdubs or pitch-perfecting 
software between me and the performance.  I go to a lot of shows 
that come through the area, but Des Moines ain't no Chicago or 
Dallas or  L.A.  And until I hit the lottery, I can't road trip to even a 
fraction of the shows I'd like to see.  So it boils down to a live tape 
or nothing.

What's got me about this discussion is the doublethink.  I'm not 
supposed to have this live music that I didn't "pay" the artist for--
even though I've bought the artists' commercial releases and gone 
to the shows, and though I didn't pay a bootlegger for this tape. . . 
yet am I to believe that the people so negative about taping-- some 
musicians and radio personalties, I note-- have paid for every piece 
of music they've experienced?  I've got about 400 CDs strung 
around here, and I've paid for every one.  Of the hundreds of 
concerts and shows I've been to, I've been on the guest list twice.  
So Nancy and Jon and Joe (nothing personal, you guys, I'm just 
wanting to make a point) don't have a single promo CD in their 
house, have never gotten in free to shows, don't have a few "live" 
tapes sitting around their house?  It seems to me that it's pretty 
easy for industry weasels g who enjoy lots of free music to cast 
stones at a music exchange medium that they don't participate in.

(And I'll join the musicians in their everyone-should-pay-for-every-
note-they-hear argument if they join me in my campaign, as a 
writer, to close down every library, used book store store, copying 
machine, scanner, and the like, so that every person who reads my 
work has to pay for it.  It's only fair.)

Larry




Re: boot me baby, but don't sell it

1999-03-24 Thread NancyApple


In a message dated 3/24/99 12:31:08 PM, [EMAIL PROTECTED]
writes:

Because the artist wouldn't have a way of directly netting money from taped
concerts

The artist is not making anything off this, but seriosly there are people out
there who are. Like I said, it is flattering when someone tapes a show.
Passing around a couple copies to friends is no big deal. But there has to be
a line drawn there somewhere. 

Someone right now is selling t-shirts for $20 plus postage of a live concert
shot of Todd. They are calling it the "unofficial Todd Snider T-shirt"... they
also have tapes, bootleg CDs and videos for sale. Meanwhile, Todd ain't
getting any richer, these guys are. His manager can only police so much. Is
there not any dignity among fans. If they are real fans, how can they do this.
No they are not fans, they are untalented assholes out to make a buck off of
someone elses talent.

Artist get bootlegged all the time, but we have to watch out for people 24 hrs
a day to not get ripped. We can't moniter every single soul, damn. But it
sucks when we browse the internet and see our stuff being pimped out, or even
worse, go into a record store overseas to try to sell some records, only to
find out they already have bootlegs.

I say, bootlegg me baby, but when you start making more dough off merchandise
than me, can ya buy me dinner or throw me a bone, hey, help me out on rent?




RE: boot me baby, but don't sell it

1999-03-24 Thread Jon Weisberger

Nancy says:

 The artist is not making anything off this, but seriosly there
 are people out
 there who are. Like I said, it is flattering when someone tapes a show.
 Passing around a couple copies to friends is no big deal. But
 there has to be a line drawn there somewhere.

Posts on the Internet that traffic indiscriminately in such recordings might
be a good place, eh?

If they are real fans, how can they do this.

Good question.  I've always wondered how someone who thinks that their
*want* outweighs any ethical (not to mention legal) consideration for the
artist in question can call themselves a fan.

BTW, this (which, it should be obvious, is *not* from Nancy):

 the difference is that there's a contractual, legal relationship between
 artist and company that either disallows, or allows, the company
 to release with or without consent of the artist. there is no such
agreement
 between the public and the artist.

is mighty lame.  There isn't a contract between the artist and the public
because there's a LAW that says that an artist's material belongs to the
artist until s/he assigns the right to reproduce it to someone else in a
contract.  According to this argument, a company would be free to release
material as long as it DIDN'T have a contract.  The technical term for this
is "ass-backwards."

Jon Weisberger  Kenton County, KY [EMAIL PROTECTED]
http://home.fuse.net/jonweisberger/



Re: boot me baby, but don't sell it

1999-03-24 Thread Svb442

In a message dated 3/24/99 2:10:55 PM EST, [EMAIL PROTECTED] writes:

  I say, bootlegg me baby, but when you start making more dough off
merchandise
 than me, can ya buy me dinner or throw me a bone, hey, help me out on rent?


how about i just continue to show up at your shows, drink booze from the
clubowners who pay you, buy your records, maybe a tshirt, etc. i'd say that's
helping pay the bills, wouldn't you?



Re: boot me baby, but don't sell it

1999-03-24 Thread Bob Soron

At 2:09 PM -0500  on 3/24/99, [EMAIL PROTECTED] wrote:

Someone right now is selling t-shirts for $20 plus postage of a live concert
shot of Todd. They are calling it the "unofficial Todd Snider T-shirt"...

Were I working with Todd, I might inquire to this guy about buying out
the stock at $17 or $18 a pop and then selling them at gigs and over
the Web for $22 or so. I'm not saying the guy should be doing this. I'm
saying that he sounds like he can be co-opted pretty easily.

Bob




Re: boot me baby, but don't sell it

1999-03-24 Thread KATIEJOM

[EMAIL PROTECTED] writes:
  There isn't a contract between the artist and the public
  because there's a LAW that says that an artist's material belongs to the
  artist until s/he assigns the right to reproduce it to someone else in a
  contract.  According to this argument, a company would be free to release
  material as long as it DIDN'T have a contract.  The technical term for this
  is "ass-backwards."

Agree

Following all of this bootlegging, music stealin', moral lacking, illegal
tappin'  line of discussion --- someone might want to review the laws which
are nicely displayed on the WEB pages of ASCAP, BMI and SESAC.

Seems to me, it's pretty clear that no matter how much you "support" a
musician by buying their product, it'll be a pathetic bargaining chip at the
time a judge is figuring out your fine or prison sentence.

Kate.



RE: boot me baby, but don't sell it

1999-03-24 Thread Hill, Christopher J

 If they are real fans, how can they do this.
 
 Good question.  I've always wondered how someone who thinks that their
 *want* outweighs any ethical (not to mention legal) consideration for the
 artist in question can call themselves a fan.
 
 Jon Weisberger 
 
http://www.dictionary.com/cgi-bin/dict.pl?db=*term=fan

fan n 1: a device for creating a current of air by movement 
of a surface or surfaces 2: an enthusiastic devotee of sports 
[syn: sports fan] 3: an ardent follower [syn: buff, devotee, 
lover, afficionado] v 1: strike out a batter, in baseball [syn:
strike out] 2: make fiercer; as of emotions; "fan hatred" 3:
agitate the air 4: separate from chaff; of grain [syn: winnow] 

With my "want" of a concert boot that somebody's selling/trading,
I think I fit under # 3.  I may not relish paying $15 for a homemade
concert cdr, or $30 for a cdr of b-sides that someone else has
spent years assembling (though THAT one I did willingly), but if I
have to choose between coloring in the lines and having one or 
two official discs or scrawling outside and having as many as 
possible, give me the drunken crayon and the broke checkbook, 
baby!  

Not that I don't think the outbreak of homemade cdr boots isn't
regrettable, but hey - welcome to capitalism.  If there's a buck
to be made...  And nope, don't consider these people "fans".

Seems to me, it's pretty clear that no matter how much you "support" a
musician by buying their product, it'll be a pathetic bargaining chip at the
time a judge is figuring out your fine or prison sentence.

Kate.

60 days community service for purchasing from Tunnel Records?
You think?  GrayZone may go after Kiss the Stone or the cdr maker
who's foolish enough to advertise on newsgroups, but I can't EVER
see them coming after the consumer.  What would they gain?

Chris
awash in moral gray, but agreeing with the subject



Re: boot me baby, but don't sell it

1999-03-24 Thread Joe Gracey

[EMAIL PROTECTED] wrote:
 
 In a message dated 3/24/99 2:10:55 PM EST, [EMAIL PROTECTED] writes:
 
   Someone right now is selling t-shirts for $20 plus postage of a live
 concert
  shot of Todd. They are calling it the "unofficial Todd Snider T-shirt"...
 they
  also have tapes, bootleg CDs and videos for sale. Meanwhile, Todd ain't
  getting any richer, these guys are. 
 
 look, sorry to have to be the one to break this to you, but this is life, and
 it ain't going away. maybe its not fair, but it goes along with the territory
 of being a performer for the public. and if you're lucky enough, as todd seems
 to be, to have a hard core following who will buy t-shirts of him for 20
 bucks, then he should be happy about it.   if todd really has a problem with
 people buying this stuff, and others making dough off of him,  than maybe he
 oughta get busy and throw out some stuff on his own, and then he can prosper
 as well.
 
 course, he can always choose another career.

this is an insulting and outrageous thing to say. He has every right and
duty to find this bastard and prosecute him for theft. "Life" my ass. 
-- 
Joe Gracey
President-For-Life, Jackalope Records
http://www.kimmierhodes.com



RE: boot me baby, but don't sell it

1999-03-24 Thread Jon Weisberger

fan n 1: a device for creating a current of air by movement
of a surface or surfaces 2: an enthusiastic devotee of sports
[syn: sports fan] 3: an ardent follower [syn: buff, devotee,
lover, afficionado]...

With my "want" of a concert boot that somebody's selling/trading,
I think I fit under # 3.

So does a stalker, who might also claim to be a devoted lover.  What's the
difference?

Nancy says:

I don't want stuff that I am not proud of out there.

and given that it's *her* stuff, what makes someone think that they have
more of a right to control it than she does?

She also says:

 It still is not fair for others to make money off him without
 permission, I don't care how many t-shirts you buy.

That's exactly right, and I don't even like Todd Snider g.

Jon Weisberger  Kenton County, KY [EMAIL PROTECTED]
http://home.fuse.net/jonweisberger/



glass houses:(was Re: boot me baby, but don't sell it)

1999-03-24 Thread Svb442

so now that i've been beaten up for my views on bootlegging, am i to assume
that all those that have had a dissenting view point in one form or another
have never purchased, or even traded for, such an item? just curious...



Re: glass houses:(was Re: boot me baby, but don't sell it)

1999-03-24 Thread NancyApple

I have never bought a bootleg that I am aware of, I feel guilty buying a
cutout from Cats.

I sell "official bootlegs" on my web page and call them the "Tijuana Tapes"
(when the bastard is working) for real cheap. If someone wants to hear every
bad old demo I did, more power to them. 

If someone wants to trade because they don't have money (there always is
atleast one letter from a prisoner somewhere) I take mojos, icons and
religious curios.



Re: glass houses:(was Re: boot me baby, but don't sell it)

1999-03-24 Thread Bob Soron

At 5:19 PM -0500  on 3/24/99, [EMAIL PROTECTED] wrote:

so now that i've been beaten up for my views on bootlegging, am i to assume
that all those that have had a dissenting view point in one form or another
have never purchased, or even traded for, such an item? just curious...

In one of those wonderful coincidences, exactly a year ago tomorrow,
one of the anti-bootleggers in the thread sent me mail offlist noting
that he had acquired a fair number of bootlegs in the course of things,
but doesn't mention it because the times he has, he was swamped with
requests for copies, and there are sometimes other reasons for being
cagey. Beyond the paraphrase, I won't reproduce private mail, of
course, or disclose the identity. But yes, at least one person seems to
be playing both sides of the fence.

Bob