Think twice about rebroadcasting a live stream

Forums:

One of the things buried in the new stimulus bill makes illegal streaming (anyone not licensed to stream a performance) a federal felony and ISPs are bound by laws requiring them to turn over user data when a felony has been committed. Be careful out there and don't rebroadcast or encourage others to do so. Watching or listening to a free re-stream of Dead & Co. is not worth spending time in prison. 

You are allowed to rebroadcast as long as it's not for profit.  Glad lawmakers are making the same existing laws in different flavors now. Yay!

He did three years over a Wolf Bros re-'cast.

Was it worth it?

[Both laugh]

 

 

That genie's been out of the bottle for some time now. Didn't they learn anything after Napster?

You are allowed to rebroadcast as long as it's not for profit.

Actually not. It has never been allowed...for profit or not. The way the law was a person rebroadcasting not for profit wasn't exposed to much penalty so it was a low enforcement priority. Part of that was because an ISP didn't face penalties not disclosing user info for a minor crime, so they usually stonewalled the request. Now, being a federal felony, the ISPs are subject to much greater risks. While I don't expect LivePhish and whoever streams the Dead & Co. streams to push hard, there are a lot of other performers that need every penny they can get these days and a free rebroadcast hurts them a lot. 

> a free rebroadcast hurts them a lot

The GD model would seem to indicate otherwise.

The band's view was that after they played any music, they were done with it. It was live art. The counter-intuitive innovation to encourage taping fueled perhaps one of the greatest viral word-of-mouth marketing campaigns in the history of entertainment.

Did it work? During the 3 decades between 1965 and 1995 the band sold 23 million tickets for a gross of nearly $400m USD.

https://www.linkedin.com/pulse/what-we-can-learn-innovation-from-gratefu...

Interesting story.  I streamed a couple of the free Woodbridge outdoor concerts this Summer on mixlr,  no fancy setup, just a fone over Mixlr.
Nobody seemed to care about tapers.  There were actual taping rigs (with mics on stands) at one of the shows.

Now I'll have to watch for the SWAT team if they continue the series next Summer.

Often, it's third party liability that forces the issue. And ISP's may have to start cracking down, who knows? 

Back in the day at a local community radio station, the Corporation for Public Broadcasting offered to pay the fees for smaller stations who webcast. Unfortunately, Hilary Rosen and the assholes at the RIAA (the record companies), demanded no more than 4 songs from the same artist in a three-hour period, and no more than 3 in a row through the Digital Millennium Copyright Act. The CPB made it a condition that stations abide by the RIAA/DMCA stipulation or no funding.  

Even though many stations totally ignored those rules, and I didn't hear stories of enforcement, station managers reacted in a variety of ways and some let the record companies into the control room and that changed how some community radio stations treated the idea of programmer's choice and "radio freedom" by volunteer DJ's. "There goes the last DJ, who plays what he wants to play...."  Many of the artist specials went away. Serving the locals took a backseat to wider distribution.

The thing about being on the web is that you place yourself in competition with so many more stations and musical choices. The hoped for increase in listenership often did not happen and webcasting often ended up serving a smaller subset of listeners than anticipated. But for station managers who wanted to clean house of free-thinking volunteers who are difficult to manage, and who may have had a long history of defending community radio and it's freedoms, it was an opportunity and they could claim "Hey, it's not us doing it."     

bartenders can't paly what they want.

pretty lame.

> a free rebroadcast hurts them a lot

The GD model would seem to indicate otherwise.

The GD model worked because the band made money from record sales and touring. For a band playing 800 - 4000 seat venues these days, neither of those revenue streams are providing much, if any, revenue. Streaming service royalties for the streaming of released product rarely even covers the costs or recording that product. The only real money producing revenue streams these days are touring, merchandise and licensing of songs for advertising/movies/tv. Bands that used to sell 200,000 CDs/lps/cassettes etc like clockwork are now lucky if they sell 5,000 copies. Right now streaming live concerts is the only thing keeping many performers afloat and barely at that. Re-broadcasting cuts that revenue by a lot. 

Tony is the Zone's own Henny-Penny.

If bands can't make a living playing 4000 seat venues these days, there's something very wrong with the current live music paradigm that probably needs to change.

> Re-broadcasting cuts that revenue by a lot.

You said that before, and I'm still not sure what "a lot" is.

Also, what you haven't addressed is how rebroadcasting widens a band's exposure for zero cost to the band.

If bands can't make a living playing 4000 seat venues these days,

These days nobody is playing 4000 seat venues due to the pandemic. Zero shows = zero income. That is what I mean by "these days."

> Re-broadcasting cuts that revenue by a lot.

You said that before, and I'm still not sure what "a lot" is.

A lot is a cut of at least 25%. There isn't much money in streaming shows. Well done production costs money for the equipment and personnel to run that equipment. I have a friend who has been doing quality shows for the past 6 months and has grown a paying audience to up to 1,000 people at a minimum of $10 bucks a pop (people do pay more to support the artist.) After he pays production, the streaming company and his band, he is lucky to take home $500. Reduce that by 25% and you have $375. On tour his share is usually at least $5000 a week. 

Also, what you haven't addressed is how rebroadcasting widens a band's exposure for zero cost to the band.

I agree the potential for widening the audience is there. I'm not sure that translates into revenue at this time...maybe in the future. Most people who are watching/listening to these streams are already fans. If a person becomes a fan from listening to a free stream, great. Not sure if they don't pay the first time if they will pay in the future. 

Keep in mind that I am not addressing tapers and broadcasters that are producing their own content. It's those who capture and stream a pay-for-view event that reduce the revenue. 

Tony is the Zone's own Henny-Penny.

Alas, the sky has already fallen from the pandemic. As one can imagine because of my work, I associate with many people in the live music business and every almost all of them on on the ropes. Some performers who have done well have done a good job keeping people on payroll but even they are starting to get to the end of their reserves. These are people who are just trying to get through this at least a little bit intact.

Buy a live stream. Buy an actual CD or vinyl. Buy some band merch. Buy some venue merch. Chances are you will still spend a lot less than you usually do catching live music and those purchases are what are keeping many artists and venues from slipping below the waves. 

Tony you're far from the zones Henny Penny...where in the hell did you even come up with that Dave?

The reality is in front of us... The music industry and all that surround it are free falling. This isnt napster or any other hiccup this is eminent disaster.  Thankfully I was never good enough or had the balls to make it my full time career but I do know those that did are flailing.  Cameo roster increases daily as does wholesaling out equipment(more rich guys are going to own classic instruments) and old merch for pennies on the dollar.  

The Music Industry will survive and be better than ever once the pandemic lockdowns have ended.

They are also being handed a bailout courtesy of the new bill passed yesterday:

>>>>>

PPP loans: The agreement includes some $284 billion for Paycheck Protection Program loans. Democrats say they expanded eligibility for the loans to include nonprofits and local newspapers, along with TV and radio stations. Also, $15 billion would be reserved for live venues, independent movie theaters and cultural institutions, which have been struggling due to pandemic-forced closures.

<<<<<

I worry a lot more for the mom and pops in America, the struggling small farmers, and the crumbling infrastructure of our inner cites.

The Music Industry will survive and be better than ever once the pandemic lockdowns have ended.

I agree that the music industry will survive in some fashion, probably not at all like it is today. That may be a good thing in some cases and a terrible thing in others. I am curious about your prediction that music industry will be better than ever. What to you foresee and why will it be better and in what ways? 

 I worry a lot more for the mom and pops in America, the struggling small farmers, and the crumbling infrastructure of our inner cites.

I worry about those things, too. Much like I advocate for and throw support towards people in th music biz, I do the same by buying at mom and pops (i haven't bought one thing from Amazon and might never) and making purchases at local farms...even buying a t-shirt at one. Even though my business is in the shitter right now, I know I am among the lucky ones because I don't have much of a nut these days and don't worry about having a roof over my head and food in my belly. 

The reason I focus on the live music biz on this forum is it's raison d'être is the music and performances of Phil Lesh and music, live performance and the general biz of music in general. Since what I am writing about is those things, I believe of that focusing on those issues are a good fit here.  

Phish has a knack for taking down re-broadcasts of their live streams.  Seems like one will pop up in the interwebs, last a song, and then its gone.  The band must have a couple people whose job is to lurk on DBMBs looking for the streams. 

Supposedly, Don Henley commands the largest such army.winkNot limited to DBMBs, natch.

 

I agree that the music industry will survive in some fashion, probably not at all like it is today. That may be a good thing in some cases and a terrible thing in others. I am curious about your prediction that music industry will be better than ever. What to you foresee and why will it be better and in what ways? <<<<<

Personally, I think it'll be better in so far as the pandemic will have forced many musicians to "look inward"; perhaps serving as a left-handed stimulus for renewed creativity.

As far as the "industry" aspect of it:  in general terms, musicians will always be able to create and perform music.   While many are currently suffering financially (along with immediate support personnel), perhaps there will be an emergence of more grass roots efforts that bypass the old guard machine.  

Strange, I'm somewhat familiar with chicken little, but I've never heard of "henny penny"!

Phish has a knack for taking down re-broadcasts of their live streams.  Seems like one will pop up in the interwebs, last a song, and then its gone.  The band must have a couple people whose job is to lurk on DBMBs looking for the streams<<<<

not exactly the same, but the GUITAR TEACHER REACTS guy found himself in the midst of the phishtapo on this front ... and he wound up cutting his nose to spite his face since he had a decent following of phans until he up and deleted all of his compliant phish material because Phish wouldn't agree to his terms on activity that wasn't compliant

Speaking of re-'casts, anyone else check out the Joe Russo birthday thingy?

A lot great stuff.  I let the longer yootoob link run while working over the weekend.  

Even the "bumpers" between segments (ads for ShapCo., basically) had some nice jams playing underneath.

Defender of the Beat

The Music Industry took a beating through the Great Depression.  During the 1941-1945 WWII years, there was a holt in the production of vinyl (at that time, all 78 RPM) in the U.S.  The industry bounced back then and it will now.  It's a lot more glamorous than being a dirt farmer or average city stiff.  People will always throw money at the glamorously famous, and those people getting to perform to regularly distanced concert goers will turn on the revenue stream again for both the musicians and accessory venue workers.  Other businesses will be slower getting back to their pre-COVID revenues than the Music Industry.

>>>The Music Industry took a beating through the Great Depression.  During the 1941-1945 WWII years

 

>>>Great Depression

 

rich dudes got richer

 

>>>During the 1941-1945 WWII years

 

distraction for poor folks while rich folks got richer

 

 

>>cold war

 

 

kiss "it" goodbye

 

and then

 

Tom and Dick Smothers came to CBS in 1967 not really intending to lead or support a revolution. They just got caught up in it — and they happened to have a network program, with some 30 million viewers, on which they criticized the war in Vietnam, celebrated rock ‘n’ roll music and satirized politicians and popular culture.

The Smothers Brothers Comedy Hour got its message out slowly and sometimes sneakily at first. A lot of it came through the music and the amazing new acts booked to perform on air.

Over the run of the show, it was like a series of anthems from the counterculture — from Buffalo Springfield singing “For What It’s Worth” to the Beatles singing “Revolution” — with the explosive American TV debut of The Who, and the West Coast cast of Hair, and Dion singing a song about assassinated heroes in between.

The Beatles didn’t appear live to sing “Hey Jude” and “Revolution.” They’d gotten disinterested in touring by 1968, so they made these new things called videos, and gave them to only one TV program in the United States. Not to The Ed Sullivan Show, which had helped launch Beatlemania and the British invasion four years before — but to the Smothers Brothers.

That same year, George Harrison of the Beatles showed up unannounced — not to sing, but to support Tom and Dick in their fight against the CBS censors. By then, the fights had become almost legendary. Tom confessed to Harrison that on American television, they didn’t always get the chance to say what they wanted to say, and Harrison advised, “Whether you can say it or not, keep trying to say it.”

At first, the censored bits were silly, like an Elaine May sketch about, ironically, censorship.

But quickly, the jokes became political, and battle lines were drawn. CBS was like a stern parent, placing more and more restrictions on a rebellious teenager — and Tom, especially, got more rebellious. He and brother Dick and the rest, including head writer Mason Williams (who unveiled his hit instrumental “Classical Gas” on the show), put more meat and meaning into the program — or tried to.

Other legendary writers on the show included Steve Martin and Bob Einstein.

A skit poking fun at LBJ got the president to call CBS Chairman William Paley in the middle of the night to complain — which, in turn, led to Paley asking the show to ease up on its presidential satire. In return, Paley agreed to break the 17-year blacklist on folksinger Pete Seeger, who appeared in 1967 to sing, as part of an anti-war medley, a new song he’d written called “Waist Deep in the Big Muddy,” an obvious allegory about the Vietnam War and Johnson himself.

CBS cut the song, Tom went to the press to complain — and the following year, in a triumphant performance, Seeger was asked back. It was during this appearance that he was allowed to sing his song about soldiers trying to ford an unexpectedly deep river.

Other segments produced for the show never saw the light of day — or, at least, the prime time of night. For its first show after the violence-filled 1968 Democratic National Convention, Comedy Hour had Harry Belafonte sing a medley of calypso songs, with reworked lyrics to reflect the disarray and dissent in America — while news footage of police brutality and student protests was projected behind him.

That never made it to air. Nor did a comic sermonette by comedian David Steinberg, whose mortal sin, to CBS, was making fun of religion at all. His first sermon got more negative mail than anything in the history of TV up to that point. When Tom asked him back, CBS ordered there be no sermon. Steinberg delivered one anyway — about Jonah and the whale.

Not only was that sketch cut, but the entire show was pulled from the air — and shortly thereafter, the Smothers Brothers were fired. They took CBS to court for breach of contract and eventually won a settlement close to $1 million, but they lost their platform.

The Smothers Brothers Comedy Hour influenced all satirical political shows that followed, from Saturday Night Live to Jon Stewart, Stephen Colbert, John Oliver and Samantha Bee. Comedy Hour also contributed one of the best political satires ever — a literal running gag in which series regular Pat Paulsen ran for the presidency.

The Comedy Hour lasted into the early months of the Nixon administration, which were prefaced by the brothers’ on-air promise, in a tongue-in-cheek manner, to “lay off the jokes” toward the president-elect … at least for a while.

On their final show, Dick read a letter he and Tom had gotten from former President Johnson. These days, President Trump responds to Saturday Night Live skits with angry tweets. Back then, Johnson, reflecting on his treatment by the Smothers Brothers, responded by writing:

“It is part of the price of leadership of this great and free nation to be the target of clever satirists. You have given the gift of laughter to our people. May we never grow so somber or self-important that we fail to appreciate the humor in our lives.”

When Nixon's "Enemies" list was leaked to the press, the Smothers Brothers were included...Tom Smothers wryly commented..."well he was on mine before I was on his".

As we watch the convergence of the Moon, Jupiter, and Saturn that will culminate on the eve of the winter solstice this year, I can't help but to marvel at another convergence. The right people with the right voice, and the the right platform at precisely the right time.

Thanks to the Smothers Brothers Comedy Hour;

the revolution WAS televised

...at least a little.

This document clearly shows it was a Dead rebroadcast, Mr. ISP inspector...

maxresdefault_51.jpg

 

 

For more on the Smothers Brothers constant battle with CBS, Check out this book. A very good read if you grew up with those 2 like I did.

David Bianculli - Dangerously Funny