CAPITOL TRACKS 1110 CAPITOL TRACKS
The last 12 months have seen great
achievements (such as the industry’s
settlement with Kaaza) and challenges
(such as a dispute with one of our most
promising partners — satellite radio). But
regardless of the result on any issue our
music community faced, one theme has
consistently emerged. We have seen it
referenced in the media, in our industry,
and even in Congress. That theme, as
Business Week
put it, is ”the collision of
technology and intellectual property.”
Rhetoric on both sides too often tends
toward the extreme or simplistic. A recent
consumer electronics publication wrote
that the music industry is asking Congress
to restrict innovation and consumer choice.
An inflammatory cliché no doubt, as all
we seek is compensation for our members
when their music is used. But as clichéd
as those comments about us can be,
quotes from the music community have
painted the tech community with equally
broad — and simple — brush strokes.
Within The Recording Academy, one
segment that most clearly sees the irra-
tionality of this “collision of technology
and intellectual property” is our Producers
& Engineers Wing. This community of
leading studio professionals includes
many musicians who are simultaneously
copyright owners, music creators and
technologists. They push musical bound-
aries
and
technological boundaries, and
they comfortably exist in both worlds of
content and innovation.
Perhaps we have something to learn
from them.
After all, artists, songwriters and all
music professionals have a stake in
advancing technology. We need it to
capture the live or studio performance,
and we need it to deliver our music to
fans in convenient and engaging ways.
And naturally, the tech community
needs — in fact requires — us, the music
makers, as well. It is music that drives
consumer demand for music devices,
not vice versa. And ironically, the tech
community’s very own foundation lies in
intellectual property; they protect their
patents and trademarks with vigor, but
then tell us we are being anti-consumer
when we seek to protect music copyrights.
So how did these two mutually
dependent industries become entangled
in what author Howard Rheingold called
“the war over innovation”? Or more impor-
tantly, how can we become disentangled?
Well, if we really are in the midst of
“a war over innovation,” then it is time
for a truce. A Music & Technology Truce.
Tonight, I am asking leaders from our
Producers & Engineers Wing to be the
frontline ambassadors in this effort. The
Wing consists of tech-savvy music pros
who are already actively involved in
bridging the gap through numerous pro-
grams, such as their enlightening round-
table at the Consumer Electronics Show
in January.
This Music & Technology Truce will not
be easy, and no one should expect an
immediate end to litigation or legislation.
But there are three steps we
can
take
immediately to increase the harmony of
our two industries.
First, let’s reduce
the rhetoric. How many
times have you heard
that we in the music
community are “anti-
consumer”? Or “anti-
innovation”? How many
times have we accused
technology companies
of being “anti-copy-
right”? Or of “stealing
our music”?
Now, I realize we live
in a world of soundbites,
and this type of posturing
is par for the course. But
we can go a long way by agreeing to
tone down the verbal divisiveness.
Second, let’s increase direct communica-
tion. For the most part, our two industries
communicate with each other through
the media, or on opposite sides of a
negotiating table. There is a better way.
For example, this past year, the Recording
Industry Association of America and
National Music Publishers’ Association
participated in the Consumer Electronics
Show, finding common ground with the
Consumer Electronics Association by
sponsoring a legal downloading area of
the show. This sets a great example for all
of us, as do the productive negotiations
currently underway between the Digital
Media Association, publishers and other
stakeholders on copyright reform.
To take this type of interaction further,
The Recording Academy will host leaders
of our industry and leaders of the tech
industry at a music and technology summit,
and we look forward to having the same
type of constructive dialogue with the
technology community that we now have
within our own music CEO summits.
And finally — perhaps
most importantly —
the voices
of artists and
songwriters must be
present
in all discussions
and negotiations with
technology companies.
We all understand that
copyright owners have
the ultimate authority to
negotiate on behalf of
the music creators they
represent. But it will serve
all our interests to ensure
that artists and songwriters
are informed of and includ-
ed in those discussions.
As current negotiations continue — with
broadcasters, satellite services, and
others — I encourage all parties to
include the creator’s perspective at the
table. This inclusiveness can only serve
to help the process — and remind the
parties who we all really work for.
These three steps — reducing the
rhetoric, increasing communication and
including the creators’ voices — may sound
simple, but the Music & Technology Truce
can only be implemented if both sides
are willing to end the battle and work
toward cooperation.
SOUND POLICY
SOUND POLICY
by Neil Portnow
Continued on page 13
(Sound Policy is a regular column by Recording Academy President Neil Portnow on
Recording Arts issues. The following is an excerpt from Portnow’s keynote address at
GRAMMYs on the Hill in Washington, D.C., on Sept. 6, 2006.)
“
The technology and
music industries
can continue the
‘war’…Or, we
can work together
toward an environ-
ment in which we
can all win.
”
Photo: Douglas A. Sonders/WireImage.com