Monday, December 31, 2007

Download Uproar: Record Industry Goes After Personal Use

Despite more than 20,000 lawsuits filed against music fans in the years since they started finding free tunes online rather than buying CDs from record companies, the recording industry has utterly failed to halt the decline of the record album or the rise of digital music sharing.

Still, hardly a month goes by without a news release from the industry's lobby, the Recording Industry Association of America, touting a new wave of letters to college students and others demanding a settlement payment and threatening a legal battle.

Now, in an unusual case in which an Arizona recipient of an RIAA letter has fought back in court rather than write a check to avoid hefty legal fees, the industry is taking its argument against music sharing one step further:

In legal documents in its federal case against Jeffrey Howell, a Scottsdale, Ariz., man who kept a collection of about 2,000 music recordings on his personal computer, the industry maintains that it is illegal for someone who has legally purchased a CD to transfer that music into his computer.

The industry's lawyer in the case, Ira Schwartz, argues in a brief filed earlier this month that the MP3 files Howell made on his computer from legally bought CDs are "unauthorized copies" of copyrighted recordings.

"I couldn't believe it when I read that," says Ray Beckerman, a New York lawyer who represents six clients who have been sued by the RIAA. "The basic principle in the law is that you have to distribute actual physical copies to be guilty of violating copyright. But recently, the industry has been going around saying that even a personal copy on your computer is a violation."

RIAA's hard-line position seems clear. Its Web site says: "If you make unauthorized copies of copyrighted music recordings, you're stealing. You're breaking the law and you could be held legally liable for thousands of dollars in damages."

They're not kidding. In October, after a trial in Minnesota -- the first time the industry has made its case before a federal jury -- Jammie Thomas was ordered to pay $220,000 to the big record companies. That's $9,250 for each of 24 songs she was accused of sharing online.

Whether customers may copy their CDs onto their computers -- an act at the very heart of the digital revolution -- has a murky legal foundation, the RIAA argues. The industry's own Web site says that making a personal copy of a CD that you bought legitimately may not be a legal right, but it "won't usually raise concerns," as long as you don't give away the music or lend it to anyone.

Of course, that's exactly what millions of people do every day. In a Los Angeles Times poll, 69 percent of teenagers surveyed said they thought it was legal to copy a CD they own and give it to a friend. The RIAA cites a study that found that more than half of current college students download music and movies illegally.

The Howell case was not the first time the industry has argued that making a personal copy from a legally purchased CD is illegal. At the Thomas trial in Minnesota, Sony BMG's chief of litigation, Jennifer Pariser, testified that "when an individual makes a copy of a song for himself, I suppose we can say he stole a song." Copying a song you bought is "a nice way of saying 'steals just one copy,' " she said.

But lawyers for consumers point to a series of court rulings over the last few decades that found no violation of copyright law in the use of VCRs and other devices to time-shift TV programs; that is, to make personal copies for the purpose of making portable a legally obtained recording.

As technologies evolve, old media companies tend not to be the source of the innovation that allows them to survive. Even so, new technologies don't usually kill off old media: That's the good news for the recording industry, as for the TV, movie, newspaper and magazine businesses. But for those old media to survive, they must adapt, finding new business models and new, compelling content to offer.

The RIAA's legal crusade against its customers is a classic example of an old media company clinging to a business model that has collapsed. Four years of a failed strategy has only "created a whole market of people who specifically look to buy independent goods so as not to deal with the big record companies," Beckerman says. "Every problem they're trying to solve is worse now than when they started."

The industry "will continue to bring lawsuits" against those who "ignore years of warnings," RIAA spokesman Jonathan Lamy said in a statement. "It's not our first choice, but it's a necessary part of the equation. There are consequences for breaking the law." And, perhaps, for firing up your computer.

By Marc Fisher
Washington Post Staff Writer
Sunday, December 30, 2007; M05

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Sunday, December 30, 2007

Happy New Year !

A very Happy New Year year to all the visitors of JazzHQ. It's just for fun, but I'm pleased that you found your way here and grateful if you've done it more than once.

Best wishes to you all. Good health and peace in the new year.






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Monday, December 24, 2007

Jazz Great Oscar Peterson Dies

Oscar Peterson, whose early talent and speedy fingers made him one of the world's best known jazz pianists, died at age 82.

Oscar Peterson is considered one of the best pianists in jazz history.

His death was confirmed by Neweduk Funeral Home in Mississauga, the Toronto suburb where Peterson lived. The town's mayor, Hazel McCallion, told The Associated Press that he died of kidney failure but that she did not know when. The hospital and police refused to comment. The Canadian Broadcasting Corp. reported that he died on Sunday.

"He's been going downhill in the last few months, slowing up," McCallion said, calling Peterson a "very close friend."

During an illustrious career spanning seven decades, Peterson played with some of the biggest names in jazz, including Ella Fitzgerald, Count Basie and Dizzy Gillespie. He is also remembered for touring in a trio with Ray Brown on bass and Herb Ellis on guitar in the 1950s.

Peterson's impressive collection of awards include all of Canada's highest honors, such as the Order of Canada, as well as a Lifetime Grammy (1997) and a spot in the International Jazz Hall of Fame.

His growing stature was reflected in the admiration of his peers. Duke Ellington referred to him as "Maharajah of the keyboard," while Count Basie once said "Oscar Peterson plays the best ivory box I've ever heard."

In a statement, French President Nicolas Sarkozy said "one of the bright lights of jazz has gone out."

"He was a regular on the French stage, where the public adored his luminous style," Sarkozy said. "It is a great loss for us."

Jazz pianist Marian McPartland called Peterson "the finest technician that I have seen."

McPartland said she first met Peterson when she and her husband, jazz cornetist Jimmy McPartland, opened for him at the Colonial Tavern in Toronto in the 1940s.

"From that point on we became such good friends, and he was always wonderful to me and I have always felt very close to him," she said. "I played at his tribute concert at Carnegie Hall earlier this year and performed 'Tenderly,' which was always my favorite piece of his."

Born on August 15, 1925, in a poor neighborhood southwest of Montreal, Peterson obtained a passion for music from his father. Daniel Peterson, a railway porter and self-taught musician, bestowed his love of music to his five children, offering them a means to escape from poverty.

Oscar Peterson learned to play trumpet and piano at a young age, but after a bout with tuberculosis had to concentrate on the latter.

He became a teen sensation in his native Canada, playing in dance bands and recording in the late 1930s and early 1940s. But he got his real break as a surprise guest at Carnegie Hall in 1949, after which he began touring the United States and Europe.

He quickly made a name for himself as a jazz virtuoso, often compared to piano great Art Tatum, his childhood idol, for his speed and technical skill.

He was also influenced by Nat King Cole, whose Nat King Cole Trio album he considered "a complete musical thesaurus for any aspiring Jazz pianist."

Peterson never stopped calling Canada home despite his growing international reputation. But at times he felt slighted here, where he was occasionally mistaken for a football player, standing at 6 foot 3 and more than 250 pounds.

In 2005 he became the first living person other than a reigning monarch to obtain a commemorative stamp in Canada, where he is jazz royalty, with streets, squares, concert halls and schools named after him.

Peterson suffered a stroke in 1993 that weakened his left hand, but not his passion or drive for music. Within a year he was back on tour, recording "Side By Side" with Itzhak Perlman.

As he grew older, Peterson kept playing and touring, despite worsening arthritis and difficulties walking.

"A jazz player is an instant composer," Peterson once said in a CBC interview, while conceding jazz did not have the mass appeal of other musical genres. "You have to think about it, it's an intellectual form," he said.

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Friday, December 21, 2007

Merry Christmas !



My very best wishes to all of you who took the time to visit JazzHQ during the year.
A very Merry Christmas to you all, and to my good friends at the Hub.

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Thursday, December 20, 2007

Upcoming Jazz Releases | 12/25/07






Billy Harper - Destiny Is Yours (Pid )
D.Madness - The Sleeper II (32 Records)
David Friedman - Of The Wind's Eye (Pid )
Dick Noel - Time For Love (Pid )
Eddie Higgins - Utsukushisugiru Anata (Pid )
Elin Fflur - Dim Gair (Celtic America LLC )
Fanu - Lodge (Pid )
Flo Bennett - Half Past Lonely (Pid )
Franco Ambrosetti - Heart Bop (Pid )
Frankie Randall - At It Again! (Pid )
Gary Bartz - Reflections Of Monk-The Final Frontier (Pid )
Jan Lundgren - Charade (Pid )
Karel Boehlee - Midnight Blue (Pid )
Karen Francis - Where Is Love? (Pid )
Kei Akagi - Liquid Blue (Pid )
Keiko Lee - Bi Silent (Pid )
Kenny Drew - Sophisticated Lady (Pid )
Method Of Defiance - Inamorata (Pid )
Naoko Mitsuki - Portraits (Pid )
Nicki Parrott - Cry Me A Rever (Pid )
Paula Gardiner - Tales Of Inclination (Pid )
Rachel Gould - All Blues (Pid )
Ray Anderson - Old Bottles-New Wine (Pid )
Sadiki - Mary's Story/Girlfriend Feat.Delly R (Pid )
Stan Levey - This Time The Drum's On Me(W/Dexter (Pid )
Thirdiq - Monologue (Pid )
Three Deuces - Keep On It:Live At The Yardbird Suit (Pid )
Yoichi Kobayashi & Good Fellows - Happy Dance (Pid )





Art Blakey - Art Blakeys Big Band (Pid )
Art Blakey - Hard Drive (Pid )
Art Ensemble Of Chicago - Jackson In Your House / Message To Our Folks (Snapper )
Charles MIngus - East Coasting (Shout! Factory)
Charles Mingus - Modern Jazz Symposium Of Music (Pid )
Charlie Persip - Charlie Persip & The Jazz Statesmen (Pid )
Charlie Persip - & The Jazz Statesmen (Pid )
Chet Baker - Heartbreak (Pid )
Chet Baker - Supreme-Moonlight In Copenhagen (Pid )
Coleman Hawkins - Supreme-Live At Jazz Society (Pid )
Duke Ellington - Orchestra Presents (Pid )
Duke Ellington - Historically Speaking The Duke (Pid )
Jan Lundgren - Lonely One (Pid )
Jan Lundgren - Sharade (Pid )
Jan Lundgren - Perfidia (Pid )
Joe Bonner - Suite For Chocolate (Pid )
Joe Bonner & Johnny Dyani - Suburban Fantasies (Pid )
John Scofield - Shinola (Enja)
Ken Peplowski - When You Wish Upon A Star-Tenor Sax (Pid )
Ken Peplowski - When You Wish Upon A Star-Clarinet (Pid )
Lee Konitz - I Concentrate On You (Pid )
Lee Konitz & Hal Galper - Windows (Pid )
Mike Mainieri - White Elephant (Pid )
Oscar Pettiford - Another One (Pid )
Oscar Pettiford - Bass By Pettiford/Burke (Pid )
Showa Jazz Brothers - Jazz Daikan-Kayo Ga Jazz!Onushi Mo Y (Pid )
Showa Jazz Brothers - Jazz Daikan-Enka Ga Jazz!Yoidehanaik (Pid )
Stanley Cowell - Mandara Blossoms (Pid )
Stanley Cowell - Live (Pid )
Takeshi Shibuya - Solo-Famous Melodies (Pid )
Takeshi Shibuya - Solo-Famous Composers (Pid )


Our thanks to:New release information provided by allaboutjazz.com
The Upcoming Release Center at allaboutjazz.com is the most comprehensive new release listing for jazz music on the internet.
The information is updated biweekly by John Kelman




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Wednesday, December 19, 2007

Orrin Keepnews Meets the Saxophone Colossus



"The Sound of Sonny" is featured in Episode 2 of "Orrin Keepnews, Producer," where the great Jazz producer talks about meeting Sonny Rollins and producing his first Riverside recording, part of the Concord Music Group's "Keepnews Collection," which featured Roy Haynes, Sonny Clark and two bassists, Percy Heath and Paul Chambers

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Tuesday, December 18, 2007

Boney James Album Stream

Urban Jazz sax icon Boney James' new collection of holiday classics is titled 'Christmas Present' and is out now on Concord Records.

You can now stream the holiday album in its entirety at Artist Direct's Jazz page below.

The album finds Boney James teaming up with fellow Grammy nominees Anthony Hamilton (on the holiday standard “Silent Night”) and Angie Stone (on an update of the Charles Brown chestnut “Merry Christmas, Baby”).


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Postal Service to immortalize ‘Ol’ Blue Eyes’

Frank Sinatra Commemorative Stamp to be Issued Next Spring
[This is not the stamp]
Frank Sinatra, one of the most iconic entertainers of the 20th century, will be commemorated on a postage stamp next spring, Postmaster General John Potter announced today. Sinatra’s three children — Nancy, Frank, Jr. and Tina Sinatra. — will preview the stamp image during a special ceremony in Beverly Hills, CA, on Sinatra’s birthday, Wed., Dec. 12.

“Frank Sinatra was an extraordinary entertainer whose life and work left an indelible impression on American culture,” said Potter. “His recordings, concert performances and film work place him among America’s top artists, and his legendary gift for transforming popular song into art is a rare feat that few have been able to replicate. The Postal Service is proud to honor his achievements.”

“On behalf of our family, we are honored that the United States Postal Service has recognized our Dad's achievements with a stamp,” said Tina Sinatra, speaking on behalf of her siblings, Nancy and Frank Sinatra, Jr. “Of all the awards he has received, this one would have been very special to him.”

A 10-ft. image of the stamp will be unveiled at the Beverly Hilton’s Wilshire room at 10 a.m. PT, Dec. 12.

In a career studded with accolades, Sinatra won an Oscar, several Grammy awards, received the Jean Hersholt Humanitarian Award in 1971, and was recognized at the Kennedy Center Honors in 1983. Sinatra also gave generously to many charities. President Reagan awarded him the Presidential Medal of Freedom in 1985. He was born in Hoboken, NJ, in 1915 and died in 1998. The Hoboken Post Office was renamed in his honor in 2002.

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Monday, December 17, 2007

Smooth Jazz Chart | 12/17/07







LW - TW - Artist - Album - (Label)
1 - 1 - Boney James - "Shine" - (Concord)
2 - 2 - Candy Dulfer - "Candy Store" - (Shout Factory)
3 - 3 - Jeff Golub - "Grand Central" - (Narada Jazz)
4 - 4 - Eric Marienthal - "Just Around The Corner" - (Peak)
6 - 5 - Paul Hardcastle - "Hardcastle V" - (Trippin 'n' Ryhthm)
5 - 6 - Jay Soto - "Stay Awhile" - (NuGroove)
7 - 7 - Chris Botti - "Italia" - (Columbia/Sony)
9 - 8 - Rick Braun/Richard Elliot - "R n R" - (ARTizen)
8 - 9 - Brian Simpson - "Above The Clouds" - (Rendezvous)
10 - 10 - Najee - "Rising Sun" - (Heads Up)


Visit smoothjazz.com to view the latest complete top 50 chart.
Visit smoothjazz.com to view the latest weekly chart recap.


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Saturday, December 15, 2007

Visionary Singer and Songwriter Sia Signs with Hear Music

video
Video: "Day Too Soon"

New Full-length CD, some people have REAL problems, in Stores January 8 in a joint venture with Monkey Puzzle Records and Hear Music.

Hear Music and ie:music, the artist management company representing the recording artist Sia (nee Sia Furler), today announced that Sia’s new full-length CD, some people have REAL problems will be co-released in the U.S. and Canada on Monkey Puzzle Records/Hear Music. The album will be available at Starbucks Company-operated locations and traditional music retailers in the U.S. and Canada starting on January 8, 2008.

With two major label solo albums already under her belt, Sia has enjoyed worldwide success and recognition both as a solo artist and as the vocalist for Zero 7 (Simple Things, When It Falls and The Garden), Sia made her first U.S. splash as a solo artist when her song “Breathe Me” was featured in the final episode of the HBO cable television series “Six Feet Under” in late 2005, and which shot to #1 on iTunes the following day. Since then Sia has continued to gain critical acclaim and a growing fan base, touring this past month to sold-out shows across the U.S. in anticipation of her new release.

The new music on some people have REAL problems is at once upbeat, quirky, and achingly gorgeous, featuring incredible song writing and lush arrangements. Sia also enlisted the help of a few talented friends when recording some people have REAL problems, including Beck, who sings on a track called “Academia.” The video for standout track “Buttons,” which is featured as a hidden track on some people have REAL problems, has already garnered Sia a bit of attention after being posted by blogger Perez Hilton. The video has taken off virally, charting as the #1 most linked and #2 most viewed clip on YouTube the week it was leaked onto the Internet.

The co-release with Hear Music insures wide distribution for Sia’s CD in North America beginning January 8, 2008, including simultaneous release through Starbucks company-operated locations in the U.S. and Canada and all other physical and digital music retailers in North America.

As a preview to some people have REAL problems, Sia recently released a 4-song digital EP on November 6 previewing tracks from the CD, including the first single, “Day Too Soon.” The song was also made available as a free download to more than 1.5 million customers via Starbucks locations in the U.S. on November 6 as part of the company’s “Song of the Day” campaign.

“It’s an incredible honor for me to be a part of the Hear Music team,” says Sia. “I am a huge admirer of the artists they have championed in the past and am thrilled that at this stage in my career we can be an exciting part of each other's future.”

“Sia is a strikingly original artist who embodies the trailblazing spirit of Hear Music,” says Ken Lombard, president Starbucks Entertainment who oversees Hear Music. “Hear Music is proud to co-release Sia’s new album with Monkey Puzzle Records.”

“It is such a great pleasure to be working with two of music's rising stars: Sia and Hear Music,” notes ie:music’s Tim Clark. “Sia is simply one of the most compelling, indeed irresistible, artists of her age. Hear Music is the brightest new music label on the block, already renowned for its choice of talent and its collaborations with some of the greatest artists in the world.”

www.siamusic.net
www.myspace.com/siamusic

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Friday, December 14, 2007

Gotcha! Lerman returns with Meow Baby

Saxophonist back in the groove with February 26th album release

The fact that the album title comes from a line from an episode of Kojak proves that saxophonist Danny Lerman knows how to have fun. He also knows retro cool when he sees it. Lerman took a page from the 1970s when recording his second album, Meow Baby, which will be released February 26th on Sugar Whiskey Records, his label distributed by Lightyear Entertainment/EMI. He adopted old school sensibilities by utilizing live musicians and having a hand in writing all the new compositions for the disc. Tal Bergman, who worked on Lerman’s debut album, produced ten songs on Meow Baby and a few tracks were produced by urban-jazz icon Norman Connors. Radio programmers are already whetting their appetite for the CD with “Gotcha!,” a deep-pocketed groove that bursts into a chorus as sweet as one of Kojak’s Tootsie Pops.

Since his last album release, Lerman traveled and performed around the world, including Turkey, Israel, Holland, South Africa, Venezuela and Mexico. He brought influences and musicians from the countries he visited into the studio when recording Meow Baby. While the tracks swing towards contemporary jazz, urban and adult pop, there are also traces of World Music, Middle Eastern, Latin and South African rhythms. The South Bend, Indiana native, who plays alto and soprano sax, recorded the majority of the collection in Los Angeles where he was joined by Randy Brecker, Hubert Laws, Howard Hewett, Paul Jackson Jr., Bobby Lyle, and Munyungo Jackson. Bergman, who played drums on records by Rod Stewart, Billy Idol, Loreena McKennitt, Herb Alpert, and Chaka Khan, was behind the kit on most of the album.

“Tal brought infectious rhythms that were both exciting and exotic. His strong rhythmic influences made the tracks spicy,” explained Lerman. “I wanted this record to be a glimpse into my world, including some of the friends that I’ve made in my travels. I put both myself and the places I’ve been into the music. There’s definitely variety on this record; you don’t know what’s coming next. I’ve found some great players from all parts of the world and they brought their unique perspective to the album.”

To help launch the album, Lerman has lined up a few concert dates in the Los Angeles area in mid-January with additional tour dates now being booked for the West Coast, Midwest and East Coast. He’s an entertaining performer who has shared concert bills with Herbie Hancock, Sergio Mendes, Richard Elliot, David Benoit and Eric Marienthal. When he’s off the road, Lerman occasionally performs free concerts in South Bend nursing homes. He has a gig lined up next month at the Ronald McDonald House for seriously ill children and their parents.

Lerman recently inked a pact with Conn-Selmer for saxophones, which will include sponsorship, marketing and advertising support, clinics and special events.

Making his debut with the album Danny’s Island, Lerman climbed into the top 20 on Radio & Records’ contemporary jazz chart and had a #1 single at Chicago’s top urban radio station, WGCI-FM. The cut, “Take My Breath Away,” featuring R&B vocalist Danny Boy, appears on Meow Baby as a bonus track. Additional information is available at www.dannylerman.com.

Lerman’s Meow Baby is comprised of the following songs:


“Meow Baby” - “Snoopy’s Dance”
“Summer In a Hummer” - “Saxsultan”
“No Ordinary Love” - “Amadeus’ Kiss”
“Imagine” - “Don’t GoGo There”
“The First Time” - “Baby Goes to Market”
“No Words” - “If Only”
“South Beach Serenata” - “You Take My Breath Away”
“Gotcha!”


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