NMEvolution

Music has been called by some the greatest thing the human race has ever done, and at its best it is undoubtedly a profound expression of emotion more poetic than anything Shakespeare ever wrote. True, done badly it can sound like a trapped cat in a box of staplers falling down a staircase, but let’s not get hung up on details here- music is awesome.

However, music as we know it has only really existed for around a century or so, and many of the developments in music’s  history that have shaped it into the tour de force that it is in modern culture are in direct parallel to human history. As such, the history of our development as a race and the development of music run closely alongside one another, so I thought I might attempt a set of edited highlights of the former (well, western history at least) by way of an exploration of the latter.

Exactly how and when the various instruments as we know them were invented and developed into what they currently are is largely irrelevant (mostly since I don’t actually know and don’t have the time to research all of them), but historically they fell into one of two classes. The first could be loosely dubbed ‘noble’ instruments- stuff like the piano, clarinet or cello, which were (and are) hugely expensive to make, required a significant level of skill to do so, and were generally played for and by the rich upper classes in vast orchestras, playing centuries-old music written by the very few men with the both the riches, social status and talent to compose them. On the other hand, we have the less historically significant, but just as important, ‘common’ instruments, such as the recorder and the ancestors of the acoustic guitar. These were a lot cheaper to make and thus more available to (although certainly far from widespread among) the poorer echelons of society, and it was on these instruments that tunes were passed down from generation to generation, accompanying traditional folk dances and the like; the kind of people who played such instruments very rarely had the time to spare to really write anything new for them, and certainly stood no chance of making a living out of them. And, for many centuries, that was it- what you played and what you listened to, if you did so at all, depended on who you were born as.

However, during the great socioeconomic upheaval and levelling that accompanied the 19th century industrial revolution, music began to penetrate society in new ways. The growing middle and upper-middle classes quickly adopted the piano as a respectable ‘front room’ instrument for their daughters to learn, and sheet music was rapidly becoming both available and cheap for the masses. As such, music began to become an accessible activity for far larger swathes of the population and concert attendances swelled. This was the Romantic era of music composition, with the likes of Chopin, Mendelssohn and Brahms rising to prominence, and the size of an orchestra grew considerably to its modern size of four thousand violinists, two oboes and a bored drummer (I may be a little out in my numbers here) as they sought to add some new experimentation to their music. This experimentation with classical orchestral forms was continued through the turn of the century by a succession of orchestral composers, but this period also saw music head in a new and violently different direction; jazz.

Jazz was the quintessential product of the United States’ famous motto ‘E Pluribus Unum’ (From Many, One), being as it was the result of a mixing of immigrant US cultures. Jazz originated amongst America’s black community, many of whom were descendants of imported slaves or even former slaves themselves, and was the result of traditional African music blending with that of their forcibly-adopted land. Whilst many black people were heavily discriminated against when it came to finding work, they found they could forge a living in the entertainment industry, in seedier venues like bars and brothels. First finding its feet in the irregular, flowing rhythms of ragtime music, the music of the deep south moved onto the more discordant patterns of blues in the early 20th century before finally incorporating a swinging, syncopated rhythm and an innovative sentiment of improvisation to invent jazz proper.

Jazz quickly spread like wildfire across the underground performing circuit, but it wouldn’t force its way into popular culture until the introduction of prohibition in the USA. From 1920 all the way up until the Presidency of Franklin D Roosevelt (whose dropping of the bill is a story in and of itself) the US government banned the consumption of alcohol, which (as was to be expected, in all honesty) simply forced the practice underground. Dozens of illegal speakeasies (venues of drinking, entertainment and prostitution usually run by the mob) sprung up in every district of every major American city, and they were frequented by everyone from the poorest street sweeper to the police officers who were supposed to be closing them down. And in these venues, jazz flourished. Suddenly, everyone knew about jazz- it was a fresh, new sound to everyone’s ears, something that stuck in the head and, because of its ‘common’, underground connotations, quickly became the music of the people. Jazz musicians such as Louis Armstrong (a true pioneer of the genre) became the first celebrity musicians, and the way the music’s feel resonated with the happy, prosperous feeling surrounding the economic good times of the 1920s lead that decade to be dubbed ‘the Jazz Age’.

Countless things allowed jazz and other, successive generations to spread around the world- the invention of the gramophone further enhanced the public access to music, as did the new cultural phenomenon of the cinema and even the Second World War, which allowed for truly international spread. By the end of the war, jazz, soul, blues, R&B and all other derivatives had spread from their mainly deep south origins across the globe, blazing a trail for all other forms of popular music to follow in its wake. And, come the 50s, they did so in truly spectacular style… but I think that’ll have to wait until next time.

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Copyright Quirks

This post is set to follow on from my earlier one on the subject of copyright law and its origins. However, just understanding the existence of copyright law does not necessarily premeditate the understanding of the various complications, quirks and intricacies that get people quite so angry about it- so today I want to explore a few of these features that get people so annoyed, and explain why and how they came to be.

For starters, it is not in the public interest for material to stay forever copyrighted, for the simple reason that stuff is always more valuable if freely in the public domain as it is more accessible for the majority. If we consider a technological innovation or invention, restricting its production solely to the inventor leaves them free to charge pretty much what they like, since they have no competition to compete with. Not only does this give them an undesirable monopoly, it also restricts that invention from being best used on a large scale, particularly if it is something like a drug or medicine. Therefore, whilst a copyright obviously has to exist in order to stimulate the creation of new stuff, allowing it to last forever is just asking for trouble, which is why copyrights generally have expiry times. The length of a copyright’s life varies depending on a product- for authors it generally lasts for their lifetime plus a period of around 70 years or so to allow their family to profit from it (expired copyright is the reason that old books can be bought for next to nothing in digital form these days, as they cost nothing to produce). For physical products and, strangely, music, the grace period is generally both fixed and shorter (and dependent on the country concerned), and for drugs and pharmaceuticals it is just ten years (drugs companies are corrupt and profit-obsessed enough without giving them too long to rake in the cash).

Then, we encounter the fact that a copyright also represents a valuable commodity, and thus something that can potentially be put up for sale. You might think that allowing this sort of thing to go on is wrong and is only going to cause problems, but it is often necessary. Consider somebody who owns the rights to a book, and wants someone to make a film out of it, partly because they may be up for a cut of the profits and will gain money from the sale of their rights, but also because it represents a massive advertisement for their product. They, therefore, want to be able to sell part of the whole ‘right to publish’ idea to a film studio who can do the job for them, and any law prohibiting this is just pissing everybody off and preventing a good film from potentially being made. The same thing could apply to a struggling company who owns some valuable copyright to a product; the ability to sell it not only offers them the opportunity to make a bit of money to cover their losses, but also means that the product is more likely to stay on the free market and continue being produced by whoever bought the rights. It is for this reason legal for copyright to be traded between various different people or groups to varying degrees, although the law does allow the original owner to cancel any permanent trade after 35 years if they want to do something with the property.

And what about the issue of who is responsible for a work at all?  One might say that it is simply the work of the author/inventor concerned, but things are often not that simple. For one thing, innovations are often the result of work by a team of people and to restrict the copyright to any one of them would surely be unfair. For another, what if, say, the discovery of a new medical treatment came about because the scientist responsible was paid to do so, and given all the necessary equipment and personnel, by a company. Without corporate support, the discovery could never have been made, so surely that company is just as much legally entitled to the copyright as the individual responsible? This is legally known as ‘work made for hire’, and the copyright in this scenario is the property of the company rather than the individual, lasting for a fixed period (70 years in the US) since the company involved is unlikely to ‘die’ in quite the same predictable lifespan of a human being, and is unlikely to have any relatives for the copyright to benefit afterwards. It is for this reason also that companies, rather than just people, are allowed to hold copyright.

All of these quirks of law are undoubtedly necessary to try and be at least relatively fair to all concerned, but they are responsible for most of the arguments currently put about pertaining to ‘why copyright law is %&*$ed up’. The correct length of a copyright for various different stuff is always up for debate, whether it be musicians who want them to get longer (Paul McCartney made some complaints about this a few years ago), critics who want corporate ones to get shorter, or morons who want to get rid of them altogether (they generally mean well, but anarchistic principles today don’t either a) work very well or b) attract support likely to get them taken seriously). The sale of copyright angers a lot of people, particularly film critics- sales of the film rights for stuff like comic book characters generally include a clause requiring the studio to give it back if they don’t do anything with it for a few years. This has resulted in a lot of very badly-made films over the years which continue to be published solely because the relevant studio don’t want to give back for free a valuable commodity that still might have a few thousand dollars to be squeezed out of it (basically, blame copyright law for the new Spiderman film). The fact that both corporations and individuals can both have a right to the ownership of a product (and even the idea that a company can claim responsibility for the creation of something) has resulted in countless massive lawsuits over the years, almost invariably won by the biggest publishing company, and has created an image of game developers/musicians/artists being downtrodden by big business that is often used as justification by internet pirates. Not that the image is inaccurate or anything, but very few companies appear to realise that this is why there is such an undercurrent of sympathy for piracy on the internet and why their attempts to attack it through law have met with quite such a vitriolic response (as well as being poorly-worded and not thought out properly).

So… yeah, that’s pretty much copyright, or at least why it exists and people get annoyed about it. There are a lot of features concerning copyright law that people don’t like, and I’d be the last to say that it couldn’t do with a bit of bringing up to date- but it’s all there for a reason and it’s not just there because suit-clad stereotypes are lighting hundred dollar cigars off the arse of the rest of us. So please, when arguing about it, don’t suggest anything should just go without thinking of why it’s there in the first place.