Songwriters Notes

San Diego Songwriter's Guild - Providing Networking Opportunities and Resources for Songwriters, Bands, and Musicians.

Mar 26, 2007

Music Publishers File Federal Lawsuit Against XM Satellite Radio

The National Music Publishers' Association (NMPA) has filed a lawsuit against XM Satellite Radio for refusing to acknowledge the rights of or pay compensation to the music publishers and songwriters who own songs being distributed through its unauthorized digital download service. The suit, filed on behalf of several leading music publishers, includes such well-known works as "Let It Be," "My Heart Will Go On," "Me and Bobby McGee" and "Like a Prayer."

The publishers' suit, filed Thursday afternoon in federal court in New York, alleges that XM engages in massive copyright infringement through its illegal subscription digital music download service known as "XM + MP3." The suit was filed after months of discussions between NMPA and XM regarding the satellite radio company's obligation to compensate creators fairly for the songs it distributes.

"Filing a lawsuit was our last resort, but we felt that we had no choice," said David Israelite, NMPA President and CEO. "We want new technologies to succeed, but it can't be at the expense of the creators of music. All that we ask is that music publishers and songwriters be fairly compensated for their efforts."

The NMPA represents music publishers and their songwriting partners, who are dependent on copyright protection to keep making music. The plaintiffs in the suit are Famous Music, Warner/Chappell, Sony/ATV and EMI music publishing entities.

The complaint seeks a maximum of $150,000 in statutory damages for each work infringed by XM, and lists over 175 songs as a "small fraction" of those being illegally distributed through the XM + MP3 service.

The music publishers allege in the lawsuit that XM operates an unlawful download service that delivers perfect digital copies of copyrighted recordings to its subscribers. The XM + MP3 service allows users to record and store individual songs on portable music players at the touch of a button, creating extensive permanent libraries for so long as the user remains an XM subscriber. The service also allows subscribers to create personal playlists and automatically record large blocks of programming from which favorite tunes can be cherry-picked and permanently retained for replay. XM, which is alleged to compete with Apple's iTunes and other legitimate download services, urges its subscribers to "Hear It, Click It, Save It!"

"XM has been profiting at the expense of others," said Debra Wong Yang of Gibson, Dunn & Crutcher LLP, the lead attorney on the case and the former U.S. Attorney for Los Angeles. "The XM + MP3 service constitutes pervasive and willful copyright infringement to the overwhelming detriment of copyright holders, legitimate online music services and, ultimately, consumers."

Last year, the Recording Industry Association of America (RIAA) filed a similar copyright infringement lawsuit against XM on behalf of its record label members. Earlier this year in the RIAA suit, a federal judge ruled against XM on its claim that the Audio Home Recording Act gave the company immunity from following copyright law.

In the lawsuit filed by the record labels, XM has argued that it is just a "radio broadcaster" that does not provide download services. But after it announced its intent to merge with one of its main competitors, SIRIUS Satellite Radio, XM began aggressively defending against charges that the merger would create an unacceptable monopoly. XM has asserted that it is in the same market as "music subscription services, iPods, CD players and cell phones," making clear that its unlicensed service is designed to compete with legitimate digital music download services and other distributors of recorded music.

posted by San Diego Songwriter's Guild # 2:07 PM

Lyric Writing, Co-Writing & Publishing Opportunities

We Are Listening have teamed up with Combustion Music Nashville for an awesome opportunity for aspiring lyricists – The Lyric Writer Awards!

Each year, four writers will be selected by our expert panel of judges for exclusive co-writing and publishing opportunities.

Combustion Music will identify a Nashville staff writer to set music to the winners’ lyrics and shop the song to their extensive network of major label artists, managers and publishers.

Combustion Music, a joint venture with Windswept Pacific, one of the largest music publishers in the world, has become one of Nashville’s most successful independent publishing companies, earning a plethora of multi-platinum cuts and #1 singles.

This is YOUR opportunity to get your words to music by the industry’s leading songwriters and cut by today’s biggest artists.

Deadline: May 9th 2007

Fee: $20

Get started: http://www.wearelistening.org/enter_now_lwa.php

posted by San Diego Songwriter's Guild # 9:32 AM

Mar 23, 2007

Board Meeting April 3

We agreed we will meet again Tuesday, April 3, 7PM at Studio West to continue the process.

posted by San Diego Songwriter's Guild # 9:43 AM

The Guild: Like the Phoenix

There was a Revival Meeting for the San Diego Songwriter's Guild and we now have a brand new board. The new board will be:

President: Bridget Brigitte McDonald
Vice President: Tim Turner
Treasurer: Rick Munoz
Industry Liaison: Richard Widney and Brian Darnell
Event Staffing: Stuart Graham
Studio West Rep: Kellogg
Newsletter Editor/Event Host: Mark Charles Hattersley
Web Administration: John Pape
Song Contest: Dominic Pesce

***Recording Secretary: Help Needed***
***Member Services: Help Needed***

You will note we still need additional member involvement. A Secretary is important, to be sure Board Meetings are memorialized. Member Services is another very important position. This would involve responding to inquiries and, potentially, maintaining our database. Bob Duffey has been maintaining the SDSG Database, but we really need to have these roles filled by proactive persons who will be sure memberships are recorded and SDSG is responsive to our members' questions and concerns. If you would like to step into either of these positions, please let it be known. If you know any qualified individuals who could do so, please invite them to join us.

Thank you again, all, for committing your time and energy to SDSG. The Guild has meant a lot to me for many years. I, and the many other writers who look to SDSG for education and opportunity, sincerely appreciate your support.

SDSG Vice President Tim Turner will be working with Disney to set up a June Session and Richard Widney will handle Industry Liaison duties for this meeting (and maybe even a few more into the future. Thanks Richard!) Everyone agreed the Pitch Sessions are one of the most (if not THE most) important functions of SDSG. Tim will also be working to put together two or three live SDSG events at the Belly Up in 2007. Last year's Performing Songwriter's Contest was a great success so I am sure we can expect some excellent shows. Tim, your involvement in helping us find qualified industry guests for pitches is hugely important to SDSG, and much appreciated. And thanks for spearheading our "Revival Meeting."

Brian Darnell will also turn his energies toward obtaining guests for Pitch Sessions, and will be presenting a design for SDSG business cards for Board Members. After the meeting Brian expressed an interest in working to get an SDSG My Space page up and running. We are exceedingly lucky to be able to enjoy your exuberant presence and can-do attitude here at SDSG. Thank you Dr. Darnell!

Brian will coordinate the My Space page with Bridget Brigitte McDonald and her husband (we simply must learn this man's name Bridget), who will be reworking the SDSG website. Bridget will serve as SDSG's president, and I am completely stoked (surf's up) to have this talented woman at the helm of our organization. The updated website will be vital in bringing SDSG back to the forefront of the San Diego music scene, and Bridget's commitment to the Guild is sure to result in expansive synergistic development (Rick- maybe I should write a book around that phrase.) Thank you Bridget, and hubby!

Rick Munoz will continue to serve SDS as our Treasurer. He will also maintain the SDSG post office box. Rick you have been solid for a long time. Thank you for your continuing, dedicated involvement in the Guild.

Stuart Graham will serve as event staffing coordinator, making sure we have the folks we need on hand to sign in members and guests at SDSG events. Great to have you on board with the Board Stuart!

Kellogg is our Studio West Liaison. Kellogg mentioned that SDSG Members will be offered a 50% discount on Studio West Recording Classes, a huge member benefit! We are very fortunate to have the backing of San Diego's top recording facility, and look forward to working with Kellogg and everyone at Studio West.

After the meeting, I spoke with John Pape, another long-time SDSG volunteer. John will continue to serve as our website administrator, and will coordinate his work with Bridget. Thank you John!

Finally, I spoke with Dominic Pesce, who has volunteered to manage the Song Contest. I met Dominic at last year's Contest, and am certain he will see to it this year's event is far better than our last, admittedly anemic, contest. Welcome to the inner sanctum Dom. Hazing started Tuesday, and ended Wednesday at noon. How'd it go?

Oh yeah... I'll edit the Newsletter and host Pitch Sessions. Please don't hesitate to email anything worthy of inclusion in the Newsletter to me anytime.

Finally, thank you Richard Widney for serving as SDSG's President for the past two years. You kept the Guild's torch burning. Without your good work, I doubt we would be able to see such a bright future for SDSG today.

by Mark Charles Hattersley

posted by San Diego Songwriter's Guild # 9:18 AM

Copyright Royalty Board Decision May Mean Fewer Sources for Independent Music

Future of Music Coalition responds to CRB's webcasting rate decision

March 13, 2007

On March 4, 2007, the Copyright Royalty Board (CRB) announced new royalty rates for webcasts, effective from 2006 to 2010. The retroactive rate for 2006 was set at

$0.0008 per song per user, with rates increasing annually to:
$.0011 (2007) per song, per user
$.0014 (2008) per song, per user
$.0018 (2009) per song, per user
$.0019 (2010) per song, per user.

The rates set by the CRB are in line with those suggested by SoundExchange, the agency designated by the Copyright Office to collect and distribute digital performance royalties. Critics of these higher royalty rates say that these fees could be equal to or greater than many small internet stationsâ€™ total revenues, an untenable position that would force many existing stations offline.

In response to this announcement, FMC urges stakeholders "small webcasters, commercial webcasters, artists, SoundExchange " to work together to strike a balance that recognizes the value of webcasting, but also properly compensates artists, performers and labels for uses of their work. While the proposed method of calculating rates based on gross revenue may work for many of the larger commercial webcasters, it's unlikely there will ever be a "one size fits all" resolution to rate calculations. Nobody benefits if small webcasting stations, those that are the most likely to represent the richest diversity of music available, are forced offline because of an inability to pay the proposed licensing fees. A structure and process that sets reasonable rates for different but clearly defined categories of webcasters would be the best strategy.

FMC has participated in the majority of the prior webcasting rate and reporting requirement proceedings.[1] During each prior proceeding we have emphasized the same basic principles:

[1] In April 2002, FMC filed comments in the US Copyright Office's NPRM on reporting requirements: http://www.futureofmusic.org/news/CARPrecordingreqs.cfm

We also filed reply comments in this proceeding, underscoring the undue burden that many proposed reporting requirements would have on small webcasters and questioning the feasibility of the proposed "listener logs". http://www.futureofmusic.org/news/CARPreplycomments.cfm

In the same month, responding to widespread confusion about the rulemaking process, FMC published an easy-to-read CARP Fact Sheet that described the webcast license proceedings, as well as royalty and reporting requirements. http://www.futureofmusic.org/CARPfactsheet.cfm

In May 2002, FMC's Executive Director Jenny Toomey participated in the Copyright Office Roundtable. FMC's testimony underscored the need for multiple licensing levels that recognized the difference between large commercial, small commercial, noncommercial, and hobbyist webcasters. We also called for reasonable reporting requirements and the automation of the reporting process, and we urged the Copyright Office to drop the use of ephemeral copy logs and the threat of perjury for non-reporting.
http://www.futureofmusic.org/news/CARProundtable.cfm

FMC expanded on this notion and filed testimony in the Senate Commerce Committee May 15 hearing, Copyright Royalties: Where is the Right Spot On The Dial For Webcasting?
http://www.futureofmusic.org/news/senatejudiciarywebcasting.cfm

posted by San Diego Songwriter's Guild # 9:04 AM

Mar 22, 2007

SONGWRITERS GUILD CLASSES STARTING!

SONGWRITERS GUILD CLASSES STARTING!

Wednesdays, March 21 , 11 a.m. to 1 p.m. (for ten weeks)
Tuesdays, March 27, 7-10 PM (for ten weeks)
6430 Sunset Blvd., Suite 705, Hollywood, CA

Learn this highly acclaimed step-by-step method of getting to the
next level in your songwriting.

Harriet Schock is a gold and platinum songwriter/recording artist whose songs have been recorded my numerous artists, nominated for a Grammy and used in films. Her fourth, fifth and sixth solo CDs, "American Romance," "Rosebud" and "Harriet Schock Live" are in current release, as well as her book, BECOMING REMARKABLE: For Songwriters and Those Who Love Songs, published by Blue Dolphin. She wrote all the music for Henry Jaglom's film, "Going Shopping" and is recently scored his newest film, "Hollywood Dreams." Jeannie Kendall recorded two of her songs, one of which ("You Just Don't Get Me, Do You?") was nominated for AC/Hot AC Single of the Year by New Music Weekly magazine in 2006. As well as performing worldwide, Harriet
Schock speaks, teaches and consults in person and via the Internet. She teaches two 10-week classes for the Songwriters Guild of America and a correspondence course in songwriting to writers all over the world. For further information about her book, CDs, concerts, online courses, classes or consultation, go to

http://harrietschock.com,
or call (323) 934-5691.

(The enrollment price is specially reduced from her private consultation. Take advantage of it! $345 for non-members, $285 for SGA Gold members, $261 for Platinum Members, $237 for Diamond Members. If students do not already own Harriet Schock's book/CD package "Becoming Remarkable/Rosebud" they will be required to purchase it at the first class.)

Labels: Songwriting Classes

posted by San Diego Songwriter's Guild # 8:32 PM

ASCAP I Create Music EXPO

The only national conference dedicated to songwriting and composing

Take Advantage of Exclusive Career-Boosting
Performance and Film Scoring Opportunities
At the ASCAP "I Create Music" EXPO

Submit Your Score for the "FYI - Film Your Issue" Film Scoring Opportunity - Deadline: April 2
Pump Audio Songwriter Contest: Win a Chance to Perform at the ASCAP EXPO at the Pump Audio Pool Party; Deadline: April 13 for Online Submissions and April 9 for Snail Mail
Exclusive Invite: EXPO Registrants Can Now RSVP To Attend the ASCAP Pop Music Awards on April 18 at the Kodak Theatre; Melissa Etheridge To Be Honored with ASCAP Founders Award, All-American Rejects To Receive ASCAP Vanguard Award, Performances By The Fray, Nick Lachey and more

The ASCAP "I CREATE MUSIC" EXPO is the only national conference dedicated to songwriting and composing. The conference brings together the community of music creators like no other music conference. Many great songwriters, composers, lyricists, publishers and producers will gather for top-notch songwriting and composing seminars, publishing and industry panels and multi-genre career-building workshops. In addition, the ASCAP EXPO is offering registrants several career-boosting opportunities at this year's conference, April 19-21, at the Renaissance Hollywood Hotel in Los Angeles, CA.

First, PUMP AUDIO, the #1 licensor of independent music in the world, is sponsoring special pool party performances at the EXPO. Several conference attendees will be selected to play a song or two at the Pump Audio Pool Party. The deadline for online submissions is April 13 and April 9 for snail mail. Pump Audio will also have a room at the ASCAP EXPO, and will be listening to ASCAP artists' music on late Wednesday, Thursday and early Friday to select two last-minute "wildcard" performers. So, if you miss the deadline, be sure to bring your music by Pump Audio's room.

"FYI - FILM YOUR ISSUE" is presenting an exclusive film scoring opportunity. EXPO attendees will be able to compose and submit an original score for five selected films from the 2007 "FYI - Film Your Issue" contest, an annual film competition that challenges young filmmakers to submit 30 to 60 second films about topical issues. Each registrant can submit up to one original score for each of the five selected films.

UNPARALLELED PANELISTS AND A PACKED AGENDA will cover a broad range of musical genres like jazz, symphonic, Latin, country, film and television, rock, pop, hip-hop, rap, musical theatre and opera. Recently confirmed panelists include GLEN BALLARD, ALF CLAUSEN, JOHN CORIGLIANO, KEYSHIA COLE, JERMAINE "JD" DUPRI, JIMMY JAM and TERRY LEWIS, SETH MACFARLANE, MC LYTE, RANDY NEWMAN, RUDY PEREZ, JOHN RICH, STEPHEN SCHWARTZ, THE UNDERDOGS (Harvey Mason, Jr. and Damon Thomas), JIMMY WEBB, BILL WITHERS, DAN ZANES and many more.

EXPO registrants are also invited to RSVP at no extra cost for the 2007 ASCAP POP MUSIC AWARDS, which will be held for the first time at the legendary Kodak Theatre adjacent to the Renaissance Hollywood Hotel on April 18, 2007, the eve of the EXPO. The awards show will recognize the songwriters and publishers of the most performed Pop songs of 2006. ASCAP will present Oscar and Grammy-winning songwriter and artist MELISSA ETHERIDGE with the prestigious ASCAP Founders Award. ALL-AMERICAN REJECTS will be honored with the ASCAP Vanguard Award. Principal All-American Rejects songwriters Tyson Ritter and Nick Wheeler will also receive two ASCAP Pop Awards for "Dirty Little Secret" and "Move Along," and will perform during the awards ceremony. Other 2007 ASCAP Pop Award-winning songwriters scheduled to perform include: Joe King and Isaac Slade of THE FRAY, NICK LACHEY, ANNA NALICK, and DARRELL BROWN, TY LACY and DENNIS MATKOSKY, the trio of ASCAP writers who penned Keith Urban's hit song, "You'll Think of Me." To attend the special awards show registrants must RSVP online with their EXPO registration number.

To take advantage of all of the career-building and networking opportunities mentioned above, act now and save $120 off the full cost of registration. For more information and to register, please visit www.ascap.com/expo.

posted by San Diego Songwriter's Guild # 11:19 AM

Using Music to Impact Your Emotions

I came across this article from Bottom Line's Daily Health News. Hope you find it interesting. SDSG Webmaster

Mood Shifters

Most people are aware that music evokes all sorts of emotions. Good, bad, happy, sad. The question that struck me recently while in a melancholy mood and listening to melancholy music was this: Even though my mood drew me to listen to soulful music to give myself a kind of emotional hug, would I be better served listening instead to more upbeat music? Can we use the power of music to actually change our mood? Could it be a form of medication? If I changed my tune on that melancholy day and put on happy, inspiring music instead, would my mood follow suit?

"You can absolutely use music to affect someone's mood," says Elizabeth J. Miles, an ethnomusicologist who has been working with music and mood for a decade and has written extensively about the power of music to actually change states in our body and mind. "Psychologists have been using music as a therapeutic technique for more than 100 years." I asked her to explain what actually makes music "sound" happy in the first place.

HAPPY MUSIC

"Music sounds happy and uplifting when there's a lively tempo and major key harmonies," she told me. "Upward leaps in the melody can help too, as in the 'power ballad.' Words help a lot as well. The music is thought to engage a place in your brain called the hypothalamus, which regulates hormones and is part of the limbic system, which is the brain's center of emotions. All sound, including music, is processed there and in the thalamus before it is processed by the cortex, the part of your brain that actually thinks." So that's the reason I get all mushy when I hear the song that reminds me of my high school prom? "Yes," Miles explained. "Reading, for example, goes directly to the cortex. But music comes through the ear and must pass through the 'feeling center' first on its way to being processed. That's why music can evoke such emotion."

USING MOOD TO ALTER YOUR MOOD

Miles suggested some ways music could be used to attempt to change one's mood. The first is a mood treatment called vectoring -- also known as the iso principle. "Vectoring -- the iso principle -- starts with where you are now," Miles explained. "For example, if you're feeling really down and someone puts on a high-intensity 'up' anthem, it might turn you off. So instead, you start with music that's closer to the mood you're in right now, or maybe one that's just a tad 'happier.' For example: Jack Johnson's song "Upside Down" from Curious George. Then, with each successive song you put on, you notch it up one rung on the emotional ladder. Just keep turning it up -- making the music a little happier, a little faster, a little more upbeat." This technique is an application of a behavior modification technique called chaining.

Miles suggested the following as a sample of an "iso" or "vector" sequence to "ramp up gradually when you're feeling down"...

1) Jewel, "Hands" or Jack Johnson, "Upside Down"
2) The Staple Singers, "I'll Take You There"
3) U2, "Beautiful Day"

What happens when you don't have time for all that music? Let's say you're in the office, and feeling just a tad sad about something or maybe you're short on energy, and need to get up to "workplace speed" quickly. Miles' suggestions for a quick mood elevator -- Beethoven's "Symphony No. 9" (Finale: "Ode to Joy") or Otis Redding's "Try a Little Tenderness." "You can also try show tunes, or any song that takes you back to a good place," she said. Miles suggested anything from the CD "Absolutely the Best of the 70's." "But don't just listen -- sing along! Or better yet, dance, assuming you have some privacy."

If you don't have privacy, just tapping your toes can get your body changing. Any favorite psych-up song will do. "If you're not really down but just a little blasé and maybe have the 'afternoon slumps,' just take your happy song with you. One listen to Gloria Gaynor's song "I Will Survive" can turn a whole afternoon around."

FEELING THE BLUES

But what about when you feel kind of sad and melancholy and actually want to stay there or need to stay there to work through some emotional pain? "Perfectly normal," said Miles. "Sure it's a kind of wallowing. But it can be very cathartic -- you're expelling negative feelings out of your body." She explained that "cleansing music" can fall into two categories -- one is the kind of "sad" melancholy music I tend to listen to when feeling sorry for myself and the other is loud, angry, music with lots of buzzing and distortions. "Teenagers listen to a lot of that kind of music," Miles explained, "because their hormones are raging and they've got a bunch of feelings they have to get out."

Miles suggested that this kind of "cleansing" or cathartic music might be a great option for women who tend to feel pain and hurt in a different way than men. When feeling hurt, women could react well to a quick break of cleansing music. Her choices?

1) Anything by Metallica or Megadeth (the heavy metal bands) or Public Enemy (rap) or
2) "Mars" from "The Planets" by Gustav Holst

Note: Since I know many readers are not familiar with Metallica or Megadeth, I asked Miles about other options. Alternative: Classical music by the late Sergei Rachmaninoff, a Russian composer, pianist and conductor.

"If you're cleansing with that kind of music, you should limit it to just one or two songs," Miles told me. "Then 'reset' yourself afterward by listening to something relaxing. It's like taking a warm bath after a hard run on the treadmill." She also suggested that for maximum results you get physically involved in the music by drumming along on the table.

And if you don't want to "cleanse" but prefer to wallow? "Make a deal with yourself," she suggested. "You get two sad songs -- you get to cry it out -- and then you start the vectoring technique to return to happiness."

"Remember," she told me, "one of the absolute best things about music as a mood manager is that you can do it anywhere."

Sources: