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The people at Shore Fire Media sent me a kick ass CD. In the interest of full disclosure, I love everyone on this album, most of what comes out on OMAC records, and Andy Silva has sent me some really great CDs (and some not so great CDs) for review.

Here’s the scoop:

I had a friend in college who was super into electronic music (god bless him) try to tell me that MIDI would eventually replace the need for real musicians, that the precision and control of electronics could replace the real article. Not only is this patently false on its face, but I was more concerned about protecting the honor of the acoustic music I love (and it helped that at the time, banjo and mando patches were still a ways off). Really no argument there, but all “realism” aside, try pulling ANYTHING from this album off on a midi controller.. Good luck. This CD has some of the most outstanding musicianship on it I have heard in a really long time. Seriously. This record is insane.

But superlatives aside, where are you going to get fantastic live recordings from such a ridiculous super group.. let’s just lay the awesomeness out in a little more detail. A little roll call if you please: Mark, Chris Thile, Frank Vignola, Bryan Sutton, Jon Burr, Byron House. If you don’t know who these people are go online and get hip.. these are heavyweights, friend.

And I just love what it says on the back. I usually never do this, but it does a better job than most at encapsulating the point of the CD, and in turn why it’s so exciting to listen to. So a spoiler for you:

“…Once in a while, imporvisational exchanges between musicians escalate to a fever pitch; this recording, which captures nine such instances, represents the contributions of six natural jammers to the art of the jam,”

It truly is one of the most transparent musical conversations I’ve heard in a long time.. simply raw, uncut proficiency, with enough soul and flavor to convert anyone to acoustic music. This is not a “bluegrass” record at all, rather it’s an acoustic exploration through a variety of genres including swing, jazz, americana, latin, blues.. you catch my drift. The tracks aren’t ONLY a lifetime’s worth of hot licks and sick solos, but also some of the most tasteful accompaniment I’ve heard. Period.

As a mandolin player, I can’t help but give my thanks that Chris Thile is on this record. He is really developing as a player (as if I have the authority to say so). His accompaniment is much more selective and complex, more akin to the smooth stylings of Mike Marshall. Mark has done something so simple, yet so deep: just pick out fantastic recordings of himself with some of the finest musicians in acoustic music and VIOLA! real magic.

I’ve given a solid 3 listens in a row before this review, one with headphones, one on my home stereo, and on repeat on my iPod.. still fresh and still wrapping my head around it.

I’m being forced to withhold the deliciousness via stream for now, but I’ll certainly let you all know when I get the green light!

And of course, for more from Mark (tour dates, etc), check out his site.

Earlier today we dropped the IP bomb from Digital Music News about Biden’s New Intellectual Property Task Force.

This is becoming a hot-button issue today so I wanted to share a few of the opinions I found around today. To keep a pseudo-realism about the following opinions, I would highly recommend reading this brief post from Mike Masnick’s Techdirt.

Moving on, here are some more “official” statements from affected parties.. please make sure to take these with a not-so-small grain of salt.

From the COPYRIGHT ALLIANCE:

“The formation of a new task force dedicated to intellectual property enforcement is welcome news from the Department of Justice. Attorney General Eric Holder is exactly right that intellectual property crime threatens our economic wellbeing. Millions of Americans in all 50 states depend on intellectual property rights and enforcement for their livelihoods. It is our hope that this task force will be a source of leadership and innovation, approaching the task with an open view of what might be achieved through technology, enforcement and policy.

“The Administration’s work to date on improving effectiveness and efficiency across the federal government has been heartening and is warmly embraced by the copyright community.”

– yes, strong advocates for hardcore enforcement see this as a welcome change, but perhaps their enthusiasm is based partially on their inability to see a solution that doesn’t involve strict legislative action.

From Gigi B. Sohn, president and co-founder of Public Knowledge

“Today the Justice Department announced the formation of a new Intellectual Property Task Force. We hope the DoJ is intent on focusing this task force on prosecuting mass illegal reproduction of copyrighted material such as CDs and DVDs. At the same time, we believe it would be a mistake, and a misuse of government resources, for the Department to pursue cases against non-commercial consumer activity.

“The Department noted the Task Force is being formed as a result of a summit meeting held by Vice President Biden, at which most of the discussion was held behind closed doors with industry representatives. We noted at the time that no consumer representatives were allowed to participate in that meeting, nor was anyone present who would speak for a balanced copyright policy. We look forward to the Administration taking the time to examine both sides of these very contentious issues.”

– good point. Copyright enforcement MUST (according U.S. Copyright law) reinforce BOTH the protection of original works of authorship AND the encouragement of the sciences and useful arts

From the NMPA:

“Music publishers and songwriters applaud the news today that the Department of Justice is launching a task force to focus on intellectual property enforcement. The effort will bring together leaders from throughout the department to coordinate approach and maximize impact of efforts to combat theft. The importance of this kind of department-wide cooperation cannot be overstated, both operationally and as a signal of the Attorney General’s commitment to tackling the issue.

“The music industry has felt acutely the impact of large-scale infringement. We appreciate the attention to this issue by the Attorney General and other Administration leaders.”

And lastly, the venerable RIAA:

“This is welcome news. Efforts to strengthen the coordination and deployment of the extensive resources of the federal government to better protect the jobs and creativity of the entertainment community is a very useful step. We’re grateful for the ongoing efforts of the Administration.”

– I would be more surprised if the NMPA/RIAA was against such a task force.

I was reading today’s post on Copyblogger with some tips to inspired writing. I found one to be particularly poignant and i’m looking forward to seeing if it opens me up right here on TheSessionSpot.

Here’s the tip:
Listen to albums from beginning to end

Music is one of THE biggest sources of inspiration for yours truly – there’s something about the “right” song that can have you from feeling brain-dead with writers block to painting masterpieces like Michelangelo. What a lot of us, especially with modern technology, no longer do is listen to an album from start to finish.

Not only buy the entire album from an artist, but also listen to each song in order. Musicians are artists who usually order the track listings intentionally. Albums tell a story, they paint a picture; and isn’t that what we want to do as writers with our blogs?

– Now instead of blogs.. apply this to anything you do and you may just find the inspiration you need to get through whatever your day throws your way.

Go forward and create!

Sorry, I had to. Good song (usually when someone else plays it).

Enjoy it. Warts and all.

From Resnikoff’s Digital Music News:

Against a steadily-growing volume of intellectual property theft, the US Department of Justice (DOJ) announced the formation of its Task Force on Intellectual Property on Friday morning. The Task Force was detailed by Attorney General Eric Holder from a snow-clogged Washington, DC. “The rise in intellectual property crime in the United States and abroad threatens not only our public safety but also our economic well being,” Holder stated.

That is a drum the music industry has been beating since the 90s, though the threat is now reaching the doorstep of Hollywood. The Task Force closely follows an IP-related meeting with Vice President Joe Biden in December, one that featured top executives from the film, software, and music industries. That assemblage was heavily tilted towards intellectual property owners, and representatives from the technology and access industries were not present. Consumer advocates were also missing.

At this stage, it remains unclear exactly what enforcement targets the Task Force will pursue, or the implications for ISPs. On top of that, another question is the level of priority the task force will receive, especially alongside competing concerns like national security.

The Biden meeting itself followed the confirmation of federal ‘Copyright Czar’ Victoria Espinel in September of last year, more formally known as the Intellectual Property Enforcement Coordinator. “This administration is committed to stronger and stricter enforcement of intellectual property rights, and this new task force is a step in the right direction,” Biden stated on Friday.

- Here is a related article from DMN in last December:

“Biden’s Briefing: Media, Anti-Piracy ‘Big Dogs’ Convene,” (December 15, 2009)

- Like it or leave it, this is probably better than what bluegrass (and the music community at large) has experienced over the last 8 years…

As expected, the discussion continues on Performing Rights Organizations’ (namely, ASCAP/BMI) enforcement policies for small venues and local jam sessions…

A couple of insightful thoughts from some Bluegrass heavyweights, coincidentally both banjo pickers:

Pete Wernick (Dr. Banjo):

“This is a very fine and important discussion… The seriousness and sadness of the situation is crystal clear, and so is the counter-productivity of PRO reps who seem to know only the “bad cop” approach. I do understand the need at times for firmness, especially in the face of naivite and the threatening new norm that “all music should be free”. But just as necessary is *understanding* of how music grows and of the cultures that grow it, in professionals whose scope is as spectacularly diverse as America’s music scene.

It’s good to get piecemeal help from well-spoken reps from local bluegrass organizations, discuss at IBMA panels and such, but PROs’ shortsighted policies and one-dimensional enforcement styles need to change from the top down. I think that’s where to apply pressure, and sooner is better.” — Pete Wernick, IBMA-L, 2/9/10

Is real change possible? Can we get ASCAP not just to listen, but also to go to bat for the little guy?

The little guy and public performance are so fundamental to the development of bluegrass as a community activity and as a genre; a fair and metered response (and perhaps some much-needed positive PR) is certainly worth considering.

Banjoist, Bill Evans, questions if the “enemy”, so to speak, is ASCAP or all large PRO’s. Can’t wait for Dan Keen (ASCAP) to weigh in on this one..

Bill Evans:

I have heard from small business owners (cafe owners, bluegrass association heads, small festival promoters) who have indicated to me that ASCAP’s collection procedures are highly aggressive - and that the amounts of money demanded by ASCAP representatives are very high, given the role and nature of music at their establishments. In one local (for me) case, in El Cerrito, California, the ASCAP representative’s demand, which was backed by a threatened immanent legal action, was the last straw that forced the closure of the venue entirely. I’m sure that if others on this list have the nerve enough to step forward, they could relate other instances in their region. And it is always ASCAP that is talked about in this way, not BMI, not SEASAC. I’m kind of amazed that you haven’t heard about these stories yet, Dan.

I’m a very busy guy these days and I don’t have a lot of time to be fully educated on these issues or contribute very cogently to an ongoing discussion but I will say this - for many folks out there, ASCAP is the enemy. When most bluegrass musicians weigh the closing of venues vs. the small royalties received from publishing, we’ll almost always cast our lot with the venue owner. These venues affect our income much more directly than publishing royalties.” — IBMA-L, 2/9/10

You’ll know more as I do.. this is really getting interesting.

Was just reading up on the IBMA listserv, an interesting issue popped up that I thought would be useful to think about:

SCENARIO:
You own a tiny restaurant/cafe/bar with a weekly not-for-profit bluegrass jams [in America]…

Do you have to pay the Performing Rights Organizations [ASCAP, BMI, SESAC] to hold the jam, even if it’s not for profit?

Technically, yes. If the venue itself is “for-profit” (i.e. they sell food) and has performances of copyrighted music in public, then they are subject to license fees to the songwriters’ respective PRO. These fees are collected in the form of blanket licenses payable to each PRO, thus granting the venue permission to perform any song that that PRO represents publicly.

Does it matter how large the venue is?

For live music and the public performance of CDs [or other playable media], no, it doesn’t matter how big the venue is or if the public performance is not-for-profit. The main distinction is whether the venue itself is “for profit”. Cafe sells food, thus [ideally] pays licensing fees.

And no, the “we always play Public Domain songs” racket isn’t gonna fly with ASCAP/BMI. Nice try, though.

If this tiny venue already has a “licensed” jukebox …does that cover the jam sessions?

According to one of the IBMA’s guides to licensing and public performance:

“Generally, live music is treated differently than radio and jukeboxes and a license, or licenses, from the PROs would be required to present live music, but in a small restaurant/cafe the annual fee is typically quite low–maybe in the $300 range. The theory of requiring these licenses is that when a restaurant/cafe uses live music to boost its food and drink sales, it is not unreasonable that the restaurant pay a licensing fee since it profiting from the live music.” — Dwight Worden, IBMA-L, 2/9/10

This doesn’t, however, question whether or not these blanket licenses for small venues and jams are beneficial in the first place. Does it kill the scene or does it appropriately (as possible) remunerate copyright holders?

Just the facts, here. Will followup as the facts as recalled by the IBMA surface.

For more info on (ASCAPs) small venue licensing.. check out this FAQ.

Just got word of a new “Jam Session CD” (OMAC Records) with some of the greatest musicians of our time will be out April 13, and coming in on the heels of Django’s 100th Birthday, this mixture of bluegrass and gypsy jazz is likely to rock anyone’s socks clean off.

A collection of live cuts was put together by Mark O’Connor (executive producer). The tracks on ‘Jam Session’, are live concert recordings from Merkin Hall, New York City; Blair School of Music, Nashville; South Street Theatre, Morristown, NJ; and the Rocky Mountain Bluegrass Festival, Lyons, CO.

…An amazing “superjam” like the ones under Bridal Veil is just getting me giddy:

Mark O’Connor? Chris Thile? Frank Vignola? Bryan Sutton? Are you KIDDING ME?

You had me at Merkin Hall. Patiently awaiting my copy to review.

The Tracklisting is supposed to be:

1. Granny White Special
2. Gypsy Fantastic
3. Macedonia
4. Swingin’ On The “Ville
5. Soft Gyrations
6. Pickles On The Elbow
7. Don’t Let The Deal Go Down
8. In The Cluster Blues
9. Minor Swing

FYI: Meanwhile, O’Connor has officially relaunched his YouTube channel

The Flanks are playing in Park Slope, Brooklyn. I know we are based in South Florida, but got give credit where it’s due. I’ll see if I can get a recording for the site.

It all goes down Friday 12/11 @ 9pm. Southpaw is on 5th Ave & St. Johns Place. $10 cover (totally worth it) with the Havens, Radical Dads, and Bobtown. Flanks at 11.

Get to it!

Direct from Mr. Bush’s camp:

“The video series will not only feature Sam candidly describing each track from the new album, ‘Circles Around Me’, it will also include biography interviews and behind-the-scenes, all-access footage of Sam & the Sam Bush Band.”

“The title track of Circles Around Me is showcased in the first video of the series, with Sam sharing his thoughts on the song’s origin, coupled with the Sam Bush Band performing the song live at Cowboy Jack Clement’s studio. The most recent episode features 25th wedding anniversary toasts and accolades from family, friends, band mates, and some of country and bluegrass’ biggest stars, including Del McCoury & Jerry Douglas, Rob McCoury, Jon Randall Stewart, Matraca Berg & Jeff Hanna, and Byron House, all taped at the studio where ‘Circles Around Me’ was recorded, The Sound Emporium. Please come see us at SamBush.com/SBTV.”

We have a stream of Sam Bush TV right here at TheSessionSpot, keep checking back here to watch!

Tomorrow, Thursday, November 12 at 1-2 PM CDT, please tune in to a very special documentary on the Ryman Auditorium, the mother church of country music, hosted by BBC2’s legendary Bob Harris. For those not in the UK, you can listen to BBC Radio 2 online here: www.bbc.co.uk/radio2.

Upcoming Dates

Nov. 17, 2009
Los Angeles, CA
Walt Disney Concert Hall
Sam performing with Charlie Haden

Dec. 12, 2009
Nashville, TN
Troutt Theatre @ Belmont University
“Telluride Comes to Nashville”
Epilepsy Foundation of Middle and West Tennessee Benefit