>> From the Library of Congress in Washington, DC.
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>> Karyn Temple Claggett: Thank you and welcome to the Coolidge Auditorium as we celebrate World IP Day, Innovation Improving Lives. My name is Karyn Temple Claggett and I'm currently Acting Register of the US Copyright Office. We are pleased to once again this year partner with the Copyright Alliance on this event and we are particularly thrilled to have a special guest, Representative Doug Collins, who I will formally introduce in just a moment. But first, I want to take a moment to reflect  on this year's theme from a copyright perspective. We know that copyrighted works such as books, films, and music entertain the world but do they actually improve lives, as the theme of this year's World IP Day celebrates? Well, I expect for most of us in the audience that question is a rhetorical one. Whether it is the way that copyrighted works inspire us like the iconic photograph of the first female Boston Marathon runner by Harry Trask, or the way they impact change in the political environment like the groundbreaking novel, The Jungle, by Upton Sinclair, or the way they humanize the struggle for equality such as the searing photograph of Emmett Till's open casket in Jet Magazine, copyrighted works improve our lives in immeasurable ways. They make us laugh, they make us think, and in many instances, they make us act. In fact, copyrighted works can actually impact our very health and well-being. According to one study, listening to music prior to surgery actually lowered patient's anxiety better than medication. Another study pointed out something I think we all know inherently and probably have heard from our parents since kindergarten, that reading a novel enhances connectivity in the brain and improves brain function. Simply put, it makes us smarter. As a CNN article recently acknowledged, books can literally change your life. Even videogames, which are often seen by parents as really just mere child's play can, according to the American Psychological Association, strengthen cognitive skills such as reason, memory, and perception and copyrighted works such as software directly improve lives by allowing people with disabilities to access the world in ways never imaginable before. Software allows those with amputated, paralyzed, or impaired limbs to operate computers and navigate the internet. It can magnify and read text on computer screens for those with sight impairments. In short, innovative software has opened the door to an entirely new world of knowledge for many who thought that certain life experiences were forever lost. So, while this year's theme for World IP Day, Innovation Improving Lives may not have immediately brought to mind the role of copyright and copyrighted works in our society, it is fact very fitting description of how important copyright and copyrighted works are to our culture and our everyday lives because of course, without copyright law which gives artists, authors and other creators the ability to actually make a living in the pursuit of their creativity, many of our most iconic songs, films, and books simply would not exist. For example, it was a full-time photojournalist who took that photo of Kathrine Switzer running the Boston Marathon in 1967, that impacted and inspired female runners for many years to come. It was a full-time writer who wrote the iconic book, The Jungle, which encouraged concrete legislative changes for the US workforce and it took hundreds of workers in the film industry, all supported by copyright law to complete the groundbreaking films Norma Rae, Philadelphia, The Thin Blue Line, and Moonlight and many, many others, which have inspired and touched thousands. Copyright, as the Supreme Court has stated, is the engine of free expression and sometimes it is even more than that. Many creators have used their copyrights to directly improve lives through a wide variety of charitable endeavors. For example, Anne Frank's father registered her copyright but the proceeds of the sale of The Diary of Anne Frank have been used to fund The Anne Frank Foundation's charitable initiatives and many musicians have often banded together to create and perform benefit songs. The famous song, We Are The World for example, raised more than 75 million dollars for famine relief. Finally, as the examples you'll see during the discussion later today demonstrate, artists often use technology and other innovative tools themselves to improve their own creativity and artistry. So again, while it may not have been quite obvious at first glance, this year's theme for World IP Day is perfectly, perfectly suited to celebrate copyright as we know it today.
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>> Karyn Temple Claggett : And with that as a backdrop, we are honored to have with us someone who has championed and supported copyright and the Copyright Office directly throughout his time in Congress, Representative Doug Collins. Representative Collins first came to Washington in 2013. In just a few years, he has been one of the most passionate advocates for creators in the House of Representatives. He currently serves as Vice Chair of the judiciary's committee subcommittee on courts, intellectual property, and the internet and in 2014, he succeeded the late Chairman Howard Coble as the Co-Chair of the Creative Rights Caucus. Along with democratic Co-Chair Representative Judy Chu, Representative Collins works on a bipartisan basis through the caucus to uphold the constitutionally mandated protections of the rights of the creative community. Representative Collins proudly touts the openness of his home state of Georgia, which has provided a friendly environment for artists to engage in creative processes there. As he has said before, copyright is the foundation of innovation and innovation is the force that drives our economy. We are very, very pleased and fortunate to have Representative Collins here today to lend his voice to this worldwide celebration of innovation, copyright and how it changes and improves lives. Please join me in welcoming Representative Doug Collins.
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>> Doug Collins: Thank you. It is a pleasure to be here. For those who were here last night, there was a show we did again just to continue that whole theme with the [inaudible] Foundation in songwriting and I see my friends in the audience and see others that we've worked with over the past few years. I want to thank you for the invitation to be here. It is a special day, happy World Intellectual Property Day, happy IP Day. We'll get a cake out, we'll dance, we'll sing, we'll do whatever, it's creative, we'll do it! One of the things I want to think today though is, when you look at what was just described so eloquently about the theme for this year's event is innovation improving lives and you can talk about it from a lot of different perspectives. You just saw on the screen, you've heard about it as how things have changed lives, that creative spark, that creative use that changes lives but I am going to come at it from just a little bit different perspective on this World IP Day because I am going to come at it from a perspective of how this in many ways, even when I did not know it, changed me. How intellectual property, at the time when I was growing up, had no idea of what that even stood for, would not even have comprehended what intellectual property would mean to me because if somebody were to tell me, I wouldn't have recognized it in its form. In fact, one of the things that I'll challenge us here today on World IP Day is to begin to think differently on how we discuss IP, intellectual property, copyright, patent, we go down the list. If it was important enough to involve the Constitution of the United States, it should be important enough for us today to be able to explain it in very simple terms to everyone in our country on why this is important and why copyright protection is valuable to the economy of not only our financial sector but it is valuable to the economy of the soul, because I was a kid who grew up in northeast Georgia, a beautiful part of the world. I'd encourage anyone to come and especially if you're making a movie, we have a lot of places for you to come and if you listen to any radio stations, especially country in the last few years you understand that Georgia is the great place to do that but I grew up there as a State Trooper's kid. My dad was a dedicated public servant who worked for 31 years for the Georgia State Patrol and in one of those regards it's almost like a lot of what I do now, we did not have a lot of vacation time and when we did, we only could get away for a little bit because dad, as a state law enforcement officer, would have to work those times.
^M00:10:00 So for me, when I thought of intellectual property at a time which I did not, I just thought of the things that I, besides being in the woods, and being in the fishing, and lake and doing things, I would come back to my room and I would have my music, and I would have my books. It was once said that no person could ever be bound to anywhere as long as there was a book in their hand and for me, that was true. For listening to a song that could take me from the room in my house, or my back porch, or standing in the front yard, imitating that I was performing for millions of people at a worldwide stage, it was something inside of me although for me who could not sing very well, the words still took me away to a different place. In books, I found the strength to carry on sometimes when I was down. I found the hope to say there's something better and that there's ways that we can improve our lives. I found in books and music, I found the ability to cross oceans and to cross plains and to find out what happens from the beginning of time to my time and how do I apply it to myself? So the question is not very hard for me, how did innovation improve lives, it improved mine. It took me from a place in Gainesville, Georgia to now being humbly standing before you as the Congressman from the ninth district of Georgia. When that occurs, you begin to think of how do we communicate. I mentioned just a moment ago, I want us to begin to think about how we communicate the World Intellectual Property Day is not some off the wall kind of thing that only lawyers or geeky folks, or folks who are creators get into. This is something for everybody. It is something we should trumpet and triumph throughout the world because it is the very thing that will inspire the next generation of those who will sit in this room or those maybe standing behind this podium but we've got to get into the mode of talking about when we discuss intellectual property, and for those who have heard me speak before this is truly a passion of mine. I do not want us to talk in sections and code numbers and bill numbers, I want to talk about the dreams, and hopes, and aspirations that copyright protects. It gives the incentive there's been a move in our country and even across the ocean to say that well, we don't need as much copyright protection and intellectual property protection. We need to make it just sort of free and available. I will tell you right now that if we go down a path of weakening our copyright, our structure of intellectual property protections then we're weakening the very system of innovation that has driven our country for over 200 years.
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>> Doug Collins: Do not let anyone tell you that the protections provided in the copyright, and the intellectual property protections provided in our law are not a disincentive to creation, they're the reason for creation. Why would I want to go out and not be able to do what my heart's call, what my passion in life to do if there were not protected rights to do so? I have fed my family for all of my adult life, I didn't realize it until just a few years ago, with simply what comes out for the most part of my mind and my heart and my mouth and my hands. I can farm, I can do a little bit of construction, I can get by, I can work but when it came to the true passion in my life, I believe God invested in me the ability to communicate and to share vision and the only way I did that was through intellectual property. Didn't know it at the time, that's why I came to this job with such a different perspective so when you begin to talk about this and why it's important and you talk to other members of Congress, and you talk to just your friends at the grocery store, the bakery, or the ballgame, you talk about it in terms of innovation changing lives. You talk about that song that right now if I said think of a song that takes you from this place to wherever, good or bad sometimes, songs can take you that way, you could name one. Think of the book that you read that inspired you to do something in your life that maybe changed your perspective on something that you had never thought about and think of where it came from, the heart and passion and mind of somebody who were able to take advantage of the copyright and intellectual property protections we have to take us far beyond where we are now. We have to think differently. If we do not think differently then we're headed down a path in letting others define what this role means. We're headed down a path in which others will define that limited copyright is better and that freedom is okay and that everybody just graze. I'm telling you this, if we head down that path then we are headed towards a second rate economy because there's nothing in our economic system that is not dependent upon the protections of intellectual property. When we understand that, then I have a challenge for you today. My challenge for us today is to not simply accept the world right here as it is in intellectual property. My challenge for us today is I have shared in committee meetings and hearings about this all over this country is, it is now time as you talk about songs and music, we talk about how they have changed. For those of us in the room that still remember buying a 45 record and thinking that was the coolest thing because you saved up 99 cents to go get it, to having a cassette tape (yes, they still  exist), eight tracks, CDs, streaming, just in my short lifetime. So my challenge to you today is, how do we protect intellectual copyright, how do we protect our copyright statues and how do we prepare them for the next 30 to 40 years, not just the next one? When we get limited in our vision then we lose the whole scope of intellectual property and copyright protection. I challenge you today to begin to think outside of the box. Disruptive technologies and disruptive thoughts will always be here, they're incorporated inherently into the very system because inherently those disrupting thoughts and disrupting mediums that we tend to deal with today, especially in music all have to also come back into the protection of this very same thing that they're disrupting. Some of us don't want to think about that but the idea for streaming, the idea for a new way of music delivery also enjoys the protection of intellectual property. Let's not have us against them, let's say where do we want to be in the years to come so that in 30 or 40 years, those sitting in this wonderful auditorium will say you know, those folks back in 2017, they celebrated World IP Day by saying how it improves lives and 40 years in the future, somebody will be able to stand here and proudly say, they picked up the mantle, they began to explain it in terms that matters to individuals on the street, and they began to make a difference so that they can stand here on that  podium on that day and say intellectual property is something worth protecting. Intellectual property is what drives our economy, it is what makes us who we are and I for one am not going to back up or back down or look away, because I am that child from northeast Georgia who used the dreams of others to inspire me to have dreams that I now deposit in my wife and my three children, so that they can in turn give that gift to others. Today, dream big. Don't step back, don't give up, and World IP Day will remind everyone of the importance of the hopes, dreams, and ambitious of us all. God bless you, have a great day.
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>> Karyn Temple Claggett: Thank you so much, that was really truly inspiring, inspiring words. Now we'll have Keith Kupferschmid, who will give special remarks before we turn it over to the panel. Thank you.
>> Keith Kupferschmid: I guess I must have drawn the short straw here. How do I follow that, not to mention the Acting Register's fantastic remarks and then I'm in between a wonderful panel you have here too. Can I just simply, would it be copyright infringement to say what he said and what she said [laughter]? I don't know but I do want to thank a bunch of people. I want to thank first off the Copyright Office and the Acting Register. We've been partnering with them for I guess six years now and it's just fabulous to be able to put this on every World IP Day together, obviously Representative Collins who just gave such a fabulous opening remarks. I also want to thank Pat Collins from [inaudible] and Barbara Zadina, who is the CEO of Higher Ground, for helping us put this panel together and of course the moderator and the panelists which you'll see shortly. So, I am Keith Kupferschmid, the CEO of the Copyright Alliance. For those of you who are unfamiliar with the Copyright Alliance and hopefully that's a dwindling few at this point, but for those dwindling few out there, we represent the copyright interests of close to two million individual creators, creators like photographers and performers, software coders and songwriters, artists and authors, and many, many others who make a living through their creativity. We also represent the copyright interests of over 13,000 different organizations across a spectrum of different copyright disciplines ranging from motion picture studios and record labels to book, magazine, newspaper publishers, software and video game companies, even sports leagues so anyone pretty much who has a copyright interest whether it's an organization or individual is a member of the alliance.
^M00:20:15 What our mission is, is to dedicate ourselves to advocating for policies that promote and preserve the value of copyright as well as to protecting the rights of creators and innovators. The individual creators and the organizations that we represent rely on copyright to protect their creativity, to protect their efforts, and to protect their investments in the creation and distribution of new copyrighted works for the public to enjoy. Now, the title of this year's program the World IP celebration as you've heard is Innovation Improving Lives and our event today will focus on the impact of creative works and performances on the lives of both creators and the public. In the spirit of that theme, I'd just like to say a few words about the importance of copyright as a means for spurring innovation and spurring creation and how that benefits the public and improves lives. Copyright is a unique form of property that is grounded in an artist's own creativity, hard work, and talent. In many ways, it epitomizes the American dream and I think you heard that of course from Representative Collins and Acting Register Temple Claggett. Copyright is about empowerment. It gives the creator the power to determine when, where, and how their creative genius can be used by others and importantly, to get compensated for that use. A copyright belongs to the creator from the time that work is created and recorded in some tangible form regardless of whether that work is registered or any formal action has been taken. Copyright is also about freedom. It is core to protecting our first amendment rights of freedom of expression. It also gives authors the freedom to create and to thrive and the freedom to create free from outside influence. Importantly, copyright also supports individuals freedom to pursue a career and make a living creating new works for the public to enjoy. A focus on and a respect for creators rights reflects the value of our country, that our country was built on and I think, as you all realize, has its roots in our Constitution. As one of the few constitutionally enumerated powers of the federal government, this grant of authority reflects the founders belief that insuring appropriate rights to creators drives innovation and benefits society and this remains true today just as it was true over 200 years ago. A robust, well-functioning, and up to date copyright act is important to all stakeholder, especially the general public which is the ultimate beneficiary of a well-functioning system. The public benefits from the intellectual and cultural diversity that results from the incentives to create that are rooted in copyright. Now unfortunately, there are some groups, let's call them sort of copyright non-believers, I'm not sure if there's any in the audience here, that like to pit creators rights against the public interest and in doing so, they ignore the copyright laws internal balancing mechanisms which is ultimately detrimental to the goals of copyright. Setting creators rights on one scale and the public interest on the other is both one dimensional and detrimental to the overall goals of copyright. The underlying assumption is that creator's interests are distinct from the public interest and that one can only be furthered at the expense of the other. I'm here to tell you that is not the case. I think you've heard from others that that is not the case. It seems more accurate to describe the creator's interest and the public interest as inter-related and mutually reinforcing. After all, in a very basic sense the performer and the audience need each other. Likewise, the author and reader. The idea behind copyright is that a marketable right and tangible expression that a creator produces is the best way to advance both of those interests. By keeping in mind the intertwined nature of the private right and the public gain, we can better reach a more balanced and healthy approach to copyright protection so with that, let me introduce, not take any more time away from our panel or our moderation. Let me introduce our moderator Eric Schwartz. Eric is, probably there's no one better to moderate this session. He is not only a fantastic attorney but also has experience in some of the things we'll talk about today with regard to Soundbreaking. Eric has over 25 years of experience as a copyright attorney, providing counseling on US and foreign copyright laws. He has also served as a transactional attorney experienced in production, distribution and financing of musical recordings and well as featured in documentary films. He also has served as Chief Production Counsel for the PBS series Soundbreaking, the eight hour documentary about the history of recorded music, which aired nationwide in November 2016 and will be discussed quite a bit in the panel that's to follow. As a result of all the work Eric did on Soundbreaking, he received a producer's credit for his assistance with the product so as you hear, Eric kind of knows just a little bit about what we're going to talk about today. And in addition to that, for over the last 20 years, he has served on the Library of Congress' Film and Recorded Sound Preservation Boards. He has helped found the National Film Preservation Foundation and prior to private practice, Eric also served as a Senior Attorney and Acting General Counsel at the US Copyright Office so Eric, if you'd like to come on up?
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>> Eric Schwartz: Thank you Keith and thank you also to Jody and Eileen at the Copyright Alliance and thank you Karyn and Katie at the US Copyright Office and all at the Copyright Office for hosting us and especially thank you to Congressman Doug Collins, both for all your support for creators and for advocacy for strong copyright protection and as demonstrated this morning, you can hear the passion that he has for the topic. As you've heard, World IP Day is a celebration of the role of intellectual property, copyrights, and patents in encouraging innovation and creativity. Our event here this morning is meant to focus on the role of songwriters, performers, recording engineers, and produces in the recording process. We'll also illustrate the importance of recording technology as a creative tool, we'll show you a clip in a few minutes, and lastly and more broadly, we'll talk about how copyright law rewards creators and in doing so, encourages them to create and disseminate their works to the general public. Now, before I introduce the two guests seated next to me, we have a special message from Linda Perry. Linda, as you may know, was listed on the program but unfortunately had to drop off at the last minute due to a scheduling conflict. She is after all, a working producer. In fact, Linda is a Grammy winning producer of Christina Aguilera. We'll show a segment of her work later in the program. Also, Alicia Keys, Gwen Stefani, and James Blunt. She's also a singer/songwriter, most notably with 4 Non Blondes where she composed the song and she was also their lead vocalist including their hit song What's Up. Linda couldn't be here so she sent a clip in lieu of her attendance so John if will, let's show the clip of Linda. Well thank you Linda, and she was being harsh on herself for not being here. We appreciated that she was going to redeye in and fly out this evening, so let me welcome our two guests who are here. I'll start first to my left with Steve Bogard and then to his left Jason King, I'll introduce in a minute. Steve is based in Nashville so he's been a successful songwriter of hit songs for many performers including Lee Greenwood, Etta James, George Strait and Rascal Flatts. Steve was also fortunate to work in the recording studio with legendary producer and engineer Tom Dowd during the Derek and the Dominos sessions, when they recorded Layla. They, who recorded those sessions if you don't know, was one of those stellar bands, Eric Clapton, Duane Allman, I think they had a guitarist named George Harrison sitting in. Steve's also an advocate on behalf of songwriters, very passionate advocate on behalf of songwriters, working with the National Songwriter's Association International. To demonstrate some of Steve's works, we have a short clip we're going to play for you now.
^M00:30:00 It's a song entitled Seeing Red, performed by David Lynch. The song was a Billboard country airplay number one just a couple of weeks ago and it's Steve's latest number one song, he's had many. So John, if you'll play this clip we'll get a sample.
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>> Steve Bogard: Thank you.
>> Eric Schwartz: Thank you and as much as we'd love to hear all of it and all of Jason's song too we'll just stop it there. Tell us a bit about the song.
>> Steve Bogard: Well, I think it exemplifies the influences of hip-hop and pop and rock music in the country genre. We wrote it kind of like a band would write a song, instead of the traditional Nashville start with a title and a hook and a well-crafted lyric we kind of started with a lick and somebody said I'm seeing red and I said well, I know how to write that and so it just kind of moved on from there. It kind of focuses on passion and that sort of thing and it was a number one record. I'm proud of it.
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>> Eric Schwartz: Well congratulations. So, to Steve's left is Jason King, who's based in New York. We've really covered our music bases so we thought we had with Linda from LA, New York, and Nashville. Jason teaches about the business of recorded music and is frequently used as an expert in documentary films about music and the history of recorded sound as well as in copyright cases but as you'll hear in a minute, he's also a songwriter and performer. He's a host of both CNN and NPR podcasts on music among his many other talents. I love the first line of your bio which says that Jason is, and this is the quote, "A musician, DJ, performer, producers, arranger, songwriter, scholar, curator, and journalist." That's something else. He's Associate Professor and founding faculty member of the Clive Davis Institute of Recorded Music at New York University in the Tisch School of the Arts. Some of his classroom guests have included Pharrell Williams, two of my favorites the songwriting duo of Gamble and Huff, a fan of Harold Melvin and the Blue Notes among others, Phil Ramone and Alicia Keys so Jason welcome as well. We have a clip from one of Jason's songs called Crackdown, performed by his band Company Freak and John, if you will let's hear a bit of that.
>> Eric Schwartz: Thank you for that.
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>> Eric Schwartz: Tell us something about the writing of that and performance of that.
>> Jason King: Thanks, I wanted to play some funky music for you early in the morning here so that's my band company Freak. The idea of the band is to return to the sound of classic soul, funk and disco of the 1970s, that moment when there was sophisticated song craft, and arranging, and production in New York in particular, groups like Chic and Change that congregated around clubs like Studio 54 and the Paradise Garage and so the band is multi-generational. There's 22 people in the band, everyone from people who are 19 years old all the way up to 75, and there are classic legends in the band, musicians and singers from those groups like Chic as well as legends in the making. The reason I wanted to play that track is because I think it's a good demonstration of the way that creativity in music can happen in a way that I would call composite so in other words in distinction from the idea of just going into a recording studio with a band and just putting mics up and recording everything, which is how it used to happen way back in the day. This is really recorded out of sequence and out of step, which is how a lot of recording, I'm sure Steve can agree a lot of recording happens these days so that song started off as a different song. I has this first line which is, "Every crooked politician on an anti-human mission, good for them but not for me" not referring to any politicians in this room [laughter] but there are some crooked politicians in the world, but not here and so, I had that line. I had written a song around that line but I didn't really like the song but I wanted to keep that line. I was teaching in the Middle East, I partly teach in New York, partly teach in the Middle East and I kept hearing this word on the news crackdown, crackdown, and so I then came up with this line, "If you're thinking about doing a crackdown you'd better crack down on yourself" so it was a kind of commentary of political hypocrisy and those kinds of things. And then, recorded part of the instrumental in Istanbul in Turkey with some musicians there, so then I had a little bit of a track and brought it back to New York and finished it with my keyboard player Hubert Eaves from the group D Train and a number of other really talented session musicians and then I still didn't even have a lyric so then I put the lyric together and then I finally recorded the vocal on it so that's me singing but I wanted to do kind of like a Sly and the Family Stone kind of early 70s funk thing so I ended up kind of pitching my voice so it sounds like it's in a different kind of place. And then what I did finally when I had the song, I actually switched all the parts so the verse that I had recorded end up becoming the chorus, the chorus was the verse because you can do that with technology and so it actually became a totally different song than the one I originally intended but it's a song that I really admire because of the way that it came together.
>> Eric Schwartz: Thank you, which, the part about the technology is a perfect segue way because we're going to talk now for a few minutes about the role of technology in creativity and we're going to demonstrate it as we are for the remainder of the program with some clips from the documentary series which Keith referred to, Soundbreaking, Stories From the Cutting Edge of Recorded Music. Soundbreaking is, as Keith mentioned, an eight-hour PBS documentary. It aired nationwide last November over eight nights. Interestingly, for those of you here in DC, it was produced by Higher Ground right here at Dupont Circle, Barbara Zadina one of the producers is here with us today and thank you for supplying the clips to us. It was produced in association with legendary Beatles Producer Sir George Martin and by the filmmakers in New York, Show of Force. The series was Sir George's legacy project to tell stories of his experiences 60 years in the music industry. He's the one who signed the Beatles when every other record label had turned them down. He and his son Giles worked on the series for over a decade, which in itself tells you something about the creative process, that it took 10 years to make this documentary. Happily, he lived to see the final cut of it. George passed away a year ago March. The series includes 200 artists, so pretty much everyone knowing that this was Sir George's series said put me in so you have Paul, and Ringo, and Eric Clapton and Elton John, Linda Perry, Jason King, somehow Steve, I don't know why we missed you. It has 175 archival clips and hundreds of music cues and I should mention since this is a copyright audience, all licensed material. No fair usage in this series. The first clip we're going to watch is six minutes long. It's from episode 102 and it's called Painting With Sound and it's a fantastic illustration to Jason's points, about the use of technology only this was the use of technology in the mid-1960s, in this case during the recording of the Beatles song, Tomorrow Never Knows and how innovation and technology were used in the process, even a fairly rudimentary one of the 1960s so John, if you'll roll the first clip, we'll watch a segment from Soundbreaking.
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>> Eric Schwartz: It was incredible stuff for the time and in an analog era, so let me ask each of you talking a little bit about the use of technology, Jason will start first I mean you referred to it, it is a tool but it can be an overwhelming tool. How do you sort of reign it in with the ability to do everything that you want, when you watch that clip and you realize this was on four tracks and they had to sort of live perform it? How do you stop yourself from using too much technology?
>> Jason King: Legendary producer Brian Eno always said even if you have a lot of options you should limit the options and you should just use few options so that you can actually burrow sort of more deeply into what those are so he would cite the example of Jimi Hendrix, who would always use the same Stratocaster and the same guitar. He always had a particular instrument and amp that he would always use as opposed to just trying to run through a variety of different technologies. Today, we have a lot more options and to some degree options can be a problem because if you have too many  options then what you might do is for instance, go to a synthesizer looking for the exact right sound that you wanted and spend five hours just looking for that sound rather than just taking one sound and working with that alone. I mean, this clip is really interesting because I think to some degree, it lands us in the 60s where you see the rise of the recording studio as kind of a creative laboratory and it's the time in which the studio starts to take on this mythology as a place where these studio wizards like George Martin, who produced the Beatles, or Phil Spector go in and create these masterpieces whether it's Sergeant Pepper's Lonely Hearts Club Band or the Revolver album or Jimi Hendrix Electric Lady.
^M00:40:04 >> Eric Schwartz: And it also compares, you know, Brian Wilson in the Beach Boys trying to outdo the Beatles and their back and forth thing and they're using the studio as that laboratory as you say, to do that.
>> Jason King: Yeah, to create new sounds that we haven't heard before from Pet Sounds the Beach Boys, to Sergeant Pepper's, Revolver, all of these albums that occurred in the 60s really opened up the way that we think about music and its relationship to technology but prior to this era, we were really in a stage of what you'd call a documentarian producing so the idea that you would only really record bands or performers who were worth recording. Ella Fitzgerald was a great singer and all you had to do was just take what she had done in the club and just bring it into the recording studio and just try and capture it in the best way possible with as much fidelity to the sound of what you would hear live in the recording studio and of course, the creative decisions that were being made in this documentarian era of producing but for the most part you were just trying to capture a great live performance but in the 60s with The Beatles, what you see is the rise of trying to create sonic fantasies as Tony Visconte, the producer, was saying here. You're trying to create these surreal worlds that could never actually exist in real life so the idea of Revolver, the idea of Sergeant Peppers or Jimi Hendrix albums or Sly and the Family Stone or anybody who was doing this kind of amazing production was to take you not back to the live performance in your head but to take you to a world that could only exist in the context of recording.
>> Eric Schwartz: Right although the capturing live is something that's still very much a skill even today and is still very much a part of recording and I suppose the pendulum swing where bands Nashville in particular, want to capture just as accurately as possible the fidelity of live.
>> Steve Bogard: In many cases, I think it's interesting, I almost see it as a circle because if you think about Sam Phillips and tape delay and the first people who discovered how to do echo chamber with a speaker and a mic and you move that on to maybe visions that a producer has on up to The Beatles and a situation where it couldn't be reproduced live. I was just at a Keith Urban Grammy hype party to get you to vote for him for Album of the Year, which he deserved and he has a guy in his band he plays something called the phantom and the phantom is just a big old box that wheels out and it's all samples. It's an embarrassment of riches of samples so that every single song on his record, this guy that plays the phantom can put the samples on for the background vocals, for the guitar riffs, for the string section, for whatever is there so it's almost as if we've gone to the recording studio as an instrument. We bring the recording studio to the live stage. There are lots of concerts that you can go to where you know they're not playing.
>> Eric Schwartz: And that was the issue of course for The Beatles when they came off of the road and said we're never going to be able to play this live, they just couldn't do that where the studio was the venue for making music and now it's sort of both, to the criticism of some of their live shows.
>> Steve Bogard: And Nashville has changed just in the last five years or so with the ubiquitous availability of samples and we call them track guys. I was just at a writer's retreat with Warner Brothers and my company and the hostess said okay, I've got you guys all set up, I've got four rooms where everybody's got the rigs in the rooms and in each room we're going to have an artist, we're going to have a track guy, and we're going to have a writer writer and luckily I got to be a writer writer but we had a lot of fun gigging her about the fact that we're all writers, it's just that some of us are the traditional songwriter, lyric, melody people and some of us are more attuned to the track guy thing. It's really hurt the live musician income stream, the advent of people who are programmers who are excellent at choosing the millions of samples there are to choose from and creating demos, creating demonstrations of songs.
>> Eric Schwartz: Yeah that's tough so I'm cognizant of time and we're going to now show another clip but keep the discussion going. This is from episode 108 of the series called, I am my Music, which focuses on the role of innovation and technology in the dissemination of music, which as this is the story often told the good and the bad because simultaneously, this technology allowed the distribution and access to unauthorized music so John, if you'll roll the second clip please. What's interesting is that the second segment sort of ends the era and we're ending for time and then what happened after when the music industry was allowed to roll out its own services of course, there are now 70 music streaming services in the US with 30 million songs so more music legally is now available than at any time in the history of recorded sound so the system sort of works. There were a couple of things in that segment, one of course Bob Ludwig's remarks about Brother in Arms. I bought my CD player when I bought that album and my stereo system so I guess I fit right in that demographic but the emotional connection when Knopfler talks about the songs and how you never expect the emotional connection that your songs would have but Jason, you had the line in there about private listening and I was wondering how if at all has the change to private listening changed the creative process, the way in which songs are written and made and then I'll ask you the same question.
>> Jason King: It's a big question. You know, I think one of the things that it's easy to forget is that if you were listening to an orchestra play classical music in the 19th century you were in a particular space that was bounded like, you were in a concert hall listening to this music, sitting in a seat and having this experience. And one of the results of the technological changes of the 20th century is that music suddenly becomes unbounded in space through recording so a recording allows you to be able to hear music outside of the space in which it's actually performed and so once you can do that, then it changes the way that we think about music altogether and then with the advent of other kinds of technology like magnetic tape and multi-tracking technology that allows you to record multiple tracks, suddenly recording becomes a very different thing altogether that you can take parts out and put parts back in, you can add, you can subtract, you can manipulate, you can actually change the nature of sound in a way that was totally different to what you would have seen in previous eras. And the other, I think big change in the 20th century is the fact that music  becomes portable so as opposed to having to listen to it in a particular bounded space in time, suddenly you can take your music with you. You can listen to your Kanye West album anywhere that you want to and we just take it for granted but that didn't always exist and so once music becomes unbounded in space and time and once you can add and subtract and manipulate it in different kinds of ways, I think the opportunities for creativity just kind of go through the roof and people can do all sorts of different things with music and so one of the things we've seen is the rise of what you'd call headphone music where there's all of this attention to sonic detail. You see it in the clip from The Beatles, Tomorrow Never Knows, that's a song that you can listen to in a pair of headphones and just hear all of the effects like panning where a sound goes from the left side to the right side, you can hear the treatment of John Lennon's voice in that song and so on so there's a lot of effects that take place in music that are intended for headphone listening and also listening to music on the go so the idea of listening to music for instance at the gym means that you're going to have different type of artist making different types of music for particular experiences that have to do with mobility.
>> Eric Schwartz: And better listening, I assume or better listeners is something that all creators can only hope for. I guess the question for Steve, changing the topic, is the challenge of trying to protect your creative works in this technology and this is something for both of you.
>> Steve Bogard: No doubt well, you mention the streaming services. The streaming services now are the primary source of recorded music income in the United States for this year for the first time so the protection of intellectual property in terms of music, we've had the longest battle. Film is a little bit shorter battle but I can remember when Napster became really popular, I had a new song coming out on an album by a country group and the album was set for release in a few days and I did an internet search and it was available free on 1,100 different sites and I knew at that point, that at least for this little segment we were kind of in a bad state. Part of that is the clinging nature of major labels at the time, the panic of loss of control, which caused I think some decisions that they've decided to rethink at this point.
^M00:50:10 But, at this point the protection of streaming has kind of replaced piracy in many ways since it's so ubiquitous and so inexpensive. That's the good news and for the sound recording copyright, in my research it approaches fairness, it approaches what a person might earn if they were selling their CDs. There's all kinds of formulas, on 100 streams, what a download would be or 150 streams what a download would be. When you're 12, you might listen to your single 300 times and when you're 40, you might listen twice but you still buy it so the unfortunate part and the part that I've worked on a lot is that the underlying work, the publishing copyright is so restricted by outdated laws that the laws have not caught up with it, that as streaming becomes more ubiquitous and as sales disappear, the way to make a living for a nonperforming songwriter is becoming much, much more difficult. The catalogue income that many songwriters depend on is falling off a cliff so I think the main theme here for me as far as protecting rights is not just it isn't the services fault that the laws allow them to charge a ridiculously unfair royalty, it is incumbent upon all of us to make those changes, to support guys like Doug Collins who are working slowly but surely, "Lordy don't the wheels turn slow " to quote Alan Jackson. If we can change the laws and the consent degrees and let my people go, I think if we could actually negotiate the way the labels do, I think the technology is going to be a great boon for both creators and the public.
>> Eric Schwartz: Yeah, I mean I think the last 20 years the perfect storm of technology, which is nothing to criticize, a generational change of a generation not understanding why you would pay for music. I remember asking my law school students wait, you're the generation who will pay three dollars for a cup of coffee but you won't pay a dollar for a downloaded song. Mine was just the opposite, I don't get it. You have the combination of things and then antiquated laws and that's where we are. I do think though, that the goal, Jason you refer to the ubiquity of music and making music and the ability of technology to make it but the goal here is to have a professional class. I mean, you're both professionals. You're writers, you're performers, you get up every day and you write and it's the ability to sustain an income doing that, not just the ability of hobbyists or those of us, in my case I peaked as a guitarist at 14, to be able to do that but to have the professionals be able to do that and to keep doing that.
>> Steve Bogard: That was a big point. I just testified two weeks ago at the Copyright Royalty Board and one of our main points was to actually accentuate the fact that there is a difference between amateur and professional content. You can watch Jerry Springer or you can watch Downton Abbey and it's fun, amateur content is great but professional content is different and the non-performing songwriter will disappear if we don't address these issues.
>> Jason King: I think also, I've always asked my students I've been teaching about 17 years at NYU, I always ask my students over the years how many of you buy music and I have seen the numbers drop to nothing.
>> Eric Schwartz: And it's not good or bad it's just that's what it is, and it's the reality we live with.
>> Jason King: Yeah, what the internet did is mostly for worse, I think it changed the perceptual value of music to almost zero for a lot of young people and so the interesting thing is that all of my students are aspiring songwriters and producers and engineers and so on, and so I say to them well, if you don't buy music how do you plan to make money from music and then they're like oh, I've got to think about that a little bit. I'm like, that moment of confusion there for you is an important one to consider.
>> Eric Schwartz: Merchandising, they're going to sell a lot of t-shirts.
>> Jason King: Exactly but streaming services are here to stay and I think it's been a slow journey to get there but I think now since they're here, I see my students using them in particular ways that are also very creative too. They write songs that are shorter because the idea of writing a song that was four minutes long is something that was created around the radio format. Now that we have streaming and that's the primary way-
>> Eric Schwartz: Or a double album or a triple album format.
>> Jason King: All of that, so it's interesting to see how creativity is even shifting in the age.
>> Steve Bogard: It's almost full circle from Doug Collins' description of the 45 that he bought for 99 cents. It's almost come full circle and it's totally changed the way we write in Nashville, and it's totally changed the way we produce albums. She was talking about one good song and 18 bad songs but often, some of the classic albums were a journey that you could go on for a good 30 minutes and just interrupt long enough to flip the side, but they always had various aspects of what the artist wanted to do. Ten years ago in Nashville, the art piece was an essential part of every album we did. The thing that George Strait or Tim McGraw recorded that wasn't necessarily perfect for radio, you didn't necessarily dance to it, but people would find it and go oh man, listen to that and they'd tell their friends and an album would sell.
>> Eric Schwartz: Deep listening, as it was called. So, we've talked about technology a lot but we're going to look at a final clip which in some ways is my favorite five minute clip from episode 103, called The Human Instrument, which focused on the human voice but more importantly, this segment is how emotions and imperfections play a role in creativity and innovation in the studio.
^M00:56:47
[ Applause ]
^M00:56:53
>> Eric Schwartz: Now that's really Linda Perry at her best, being right in the moment as artists. I mean you know, imperfections and emotion, and that is the connection of all art, it's the emotional connection and it's the antithesis of the technology segments and the technology discussion. I'll start first with you to talk about imperfections and failures and creativity.
>> Steve Bogard: Well, I spent some time in Memphis in my early days and worked with Charlie Rich and Jerry Lee Lewis and so was familiar with the Sam Phillips family. You've got to laugh when you say Jerry Lee Lewis. He almost broke my knees with a piano bench once but when you think about Sam Phillips and what he did in creating rock and roll, I'm kind of quoting the Peter Guralnick book, is one of his ongoing themes was perfect imperfection and he would argue and go to the wall and he'd let people sing but he'd go nope, you missed it. That was the take, that was the take, the one that created the emotion and the connection between the artist and the audience. When multitrack recording and digital copying became so easy, analog copying was a nightmare but when digital copying became so easy, by copying I mean taking five vocal passes or 100 vocal passes and picking the best parts of each and creating a composite. As a producer, I couldn't stand to listen to 10, 12 different versions of a vocal so as the vocal went down, I had a little cheat sheet and I would make little marks on each line on the lyric that had, I didn't care about pitch too much, that had a little gravel, a little hiccough, a Haney, a little yodely effect, something that I thought might communicate the song better, the emotion the best, and then I would hand it to the engineer and go all right, you're in charge. You can do pitch and you can move the time but I want a lot of this stuff in it, and a lot of people do that to this day.
>> Eric Schwartz: Jason, are you a fan of the imperfection?
>> Jason King: Sure, I mean I'm a perfectionist so I'm always like no, I don't want any mistakes but then of course I actually really do love the leaving space open for imperfection and for things to occur so I'm working on a book called Blue Magic and it looks at feeling in popular music, because I think music is a conduit for feeling and so for instance, if you go to see an Aretha Franklin concert, you would expect for some kind of soulful transference of feeling to happen in the concert and actually, you would judge the concert by whether it was soulful or not, not whether she hit every single note exactly on pitch but whether there was a kind of soulful feeling in the room, whether the hair stood up on the back of your neck. That's actually how music is moving you, it's moving through space, it's vibrational, it's effecting you on a vibrational level so I'm really attracted to that aspect of music, which is very hard to talk about because we don't have really a physical language to discuss it, but it is so essential to the cultural power of music.
^M01:00:18 I just finished liner notes for the R&B artist D'Angelo, it's a boxed set that's coming out of his 90s albums and he was particularly influenced in terms of the rhythm of some of his work by a hip-hop producer named J Dilla, who passed away, but J Dilla was one of the most influential producers in hip-hop over the last 20, 30 years and one of the things that J Dilla was good at was making sure that when he would program drums, in other words not using an actual live drum set but actually using drum samples, you can go into recording software and actually line up the samples and you can use a tool that's called quantization where you can actually quantize the beat and make sure it lands exactly on the measures that you want so instead of having kind of sloppy drumming, you can have exact drumming and J Dilla was notorious for actually moving all of his drum samples just a little bit off so the sound is a little bit wonky and kind of lurching and loping, but it actually changed the sound of hip-hop in the 1990s and everybody wanted the J Dilla sound and it actually is the sound that empowers all of D'Angelo's records and he's won R&B Grammy's for most of his records. We'd always go in and make sure it has this kind of what he would call inebriated sort of sloppy drunken feeling to the beats and it makes no sense. Why should a beat not actually hit exactly right on where you want it to, but the whole point was to do it deliberately to incorporate the mistakes deliberately to create a particular feeling that would be powerful for people.
>> Steve Bogard: You can actually get tempo maps for various drummers, whichever drum. If you want Muscle Shoals behind the beat you can get a Roger Hawkins tempo map. If you want a jazzier Steve Gadd-
>> Eric Schwartz: And only Purdie can do the Purdie shuffle.
>> Steve Bogard: Only Purdie can do that, he's the only one.
>> Eric Schwartz: But you know, there are some imperfections and then there are also the individual performances and part of this also is the role of the producer in putting it all together, when you break down tracks and we've done that, we did that at The Copyright Society a few years ago with Superstition, and you listen to Stevie Wonder's three recordings of the keyboard and none of them are perfect by any means, but that's what happens in the mixing and in the producing. We're  putting them together, no one can say that song's not as close to perfection as it could be emotionally whether or not musically, even someone as adept as Stevie Wonder would be. So last question and then looking at our time, we need to wrap up our lessons for up and coming artists in this day and age of tough music. I'll start with you and so what are the lessons for an up and coming songwriter/performer?
>> Steve Bogard: First and foremost, and I think we've covered some of this, is you have to move people. You have to create something that moves people and I'd like to see from the pop perspective it's more like I'm cooler than you, wouldn't you like to be me? From a country perspective, it's more like my mom gets sick too, we're having coffee at the kitchen table. It's just two funnels that go two different directions but for new artists, I'd say concentrate on the emotion, concentrate on, I had a kid at a Bluebird gig show me a tattoo that said, "Every mile a memory" and he and his buddy went to Iraq and that's a song I wrote that Dierks Bentley did and he and his buddy went to Iraq and they said they were going to make memories and come back together, and his buddy didn't come home. So, if you can find ways to communicate that kind of emotion and then secondly, I'd say in this current climate hedge your bets. Be a producer, be a performer, be a singer, or make friends with all of the above.
^M01:04:13
[ Laughter ]
^M01:04:19
>> Eric Schwartz: And Jason?
>> Jason King: You know, I'm director at a music school so I'm constantly giving advice to students, that's literally the nature of the classes we do but I think I agree with Steve, I think part of it is you need to be able to connect what you do to your passion so in other words, a lot of our students get into a state where they are just thinking okay, what's on the charts, how can I be successful by sort of gaming the system but really, the most amazing music is some of the most eccentric, singular, idiosyncratic music so think of a song like Bohemian Rhapsody, I'm writing a book on Freddie Mercury so there's a song that follows no rules. It doesn't even have a chorus, it's like, seven minutes long, it's strange, it's unusual, but it's one of the top pop songs of all time. It doesn't follow a formula, so I think getting young people to be able to reach deep into their bones, into the marrow of their bones and pull something out is so meaningful to them, that's the first step, being able to connect deeply to what you do. Second, I also think it's really important to learn your craft. I think craft is a word that we just don't use enough and it's really important to hone your craft, to be able to develop, and to shape your work over time, and to fail and to make mistakes, and to learn from those mistakes and so on. And also, I think it's really important for young performers to learn the business, that it is a business, it's not just show and that they should empower themselves by learning how to write contracts, read contracts, learn how revenue flows through a system, learn how to protect themselves, and all of those kinds of things and when I think you marry that approach to being a really talented artist with being a really savvy business person, I think you can do wonders.
>> Eric Schwartz: Sound advice and the craft part is the hardest, I think, to communicate to students. Every writer I know, and I've known a lot over my career as a copyright lawyer, gets up every day at some point they have a schedule and they write and you know, 90 percent of it no one ever sees but it's improving the craft. I've always thought too it's the reason why copyright term was as long as it was because there are exceptions. John Lennon died at 40, but most artists of any kind, writers, songwriters, performers, get better as they age, as their craft improves and so you have that term to recognize that. So, we are out of time and I'm going to now turn to Karyn, who's going to say a few closing words I'm told and then I want to thank very much Jason, Steve, and Linda for your contributions both today and beyond, for all your hard work and thank you so much.
^M01:07:14
[ Applause ]
^M01:07:20
>> Karyn Temple Claggett: I will keep my closing words very short and just say Happy World IP Day and just of course thank our panelists and our moderator, thank you to Eric Schwartz, Steve Bogard, Jason King. This was really, truly an inspiring and uplifting panel on World IP Day, so we appreciate your time here. I also want to thank the Copyright Alliance for partnering with us for the sixth year and NPAA and [inaudible], who actually provided some of the photographs that you saw in the earlier clip, and Soundbreaking for the wonderful clips. So, thank you for a wonderful World IP Day event. Thank you.
^M01:07:56
[ Applause ]
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>> This has been a presentation of the Library of Congress. Visit us at loc.gov.
^E01:08:08