AETHERPHON, global theremin family

Ever Google your own name?  I got quite a surprise today.

If you have mp3 examples on your website, chances are your work has  
been copied without your knowledge.  Here are a few hits:

http://www.last.fm/hypnotique
http://www.last.fm/kip+rosser
http://www.last.fm/david+vesel
http://www.last.fm/kevin+kissinger

Yep, wendy+carlos is there.

So is kevin+federline   blecchhhh!!!!

I clicked on the "Classical" tag and the first thing that streamed to  
me was some kind of pop music that was definatly NOT classical.

Supposedly one can email this site to have one's name and content removed.

So, should I write them and demand that they remove my content --  
after all, they copied it without my permission for their own  
commercial use.  Or is there a better way to handle the situation?

Is this site a sow's ear that can be turned into a silk purse or is it  
simply a bad deal for indie musicians?

One thing I have learned over the last thirty-five years is that if  
someone asks you to play a gig, and they state clearly that it is "for  
hire" or "volunteer" the gig might be worth doing for one reason or  
another.  However... whenever someone adds (as this website does)  
that: "You will get lots of EXPOSURE" -- I have learned to RUN from  
such things!

The very WORST situations are when the venue says that, though you  
aren't getting paid, that you will get 'exposure' -- as if the venue  
is doing you some kind of big favor by "allowing" you to perform for  
free!

Just like this website -- stating that musicians can have a "free"  
account (of course, I'm sure the fine print says that you agree to  
provide them content free of charge without your consent).

Anyway, before I fire off a missive to these folks with a demand for  
them to remove my content I thought I'd gather opinions from you first.

Thanks!

-- Kevin

'scrobbling' apparently happens when you download their software (never a
good idea when you don't know _and_ trust the provider.)

From the looks of it, Last.fm doesn't actually have your content, but they
have listings that someone who uses their software has listened to your
stuff.

Maybe you, if you're using their software 8^)

I find, not that it is surprising, no reference to me or my music, nor any
mp3's I have at any web sites. Which is cool. if I wanted exposure, I'd
"walk through alaska in my BVDs". (Interesting to see if anyone recognizes
that!)

ray

On 11/17/06, kkissinger@... <kkissinger@...>
wrote:
>
>   Ever Google your own name? I got quite a surprise today.
>
> If you have mp3 examples on your website, chances are your work has
> been copied without your knowledge. Here are a few hits:
>
> http://www.last.fm/hypnotique
> http://www.last.fm/kip+rosser
> http://www.last.fm/david+vesel
> http://www.last.fm/kevin+kissinger
>
> Yep, wendy+carlos is there.
>
> So is kevin+federline blecchhhh!!!!
>
> I clicked on the "Classical" tag and the first thing that streamed to
> me was some kind of pop music that was definatly NOT classical.
>
> Supposedly one can email this site to have one's name and content removed.
>
> So, should I write them and demand that they remove my content --
> after all, they copied it without my permission for their own
> commercial use. Or is there a better way to handle the situation?
>
> Is this site a sow's ear that can be turned into a silk purse or is it
> simply a bad deal for indie musicians?
>
> One thing I have learned over the last thirty-five years is that if
> someone asks you to play a gig, and they state clearly that it is "for
> hire" or "volunteer" the gig might be worth doing for one reason or
> another. However... whenever someone adds (as this website does)
> that: "You will get lots of EXPOSURE" -- I have learned to RUN from
> such things!
>
> The very WORST situations are when the venue says that, though you
> aren't getting paid, that you will get 'exposure' -- as if the venue
> is doing you some kind of big favor by "allowing" you to perform for
> free!
>
> Just like this website -- stating that musicians can have a "free"
> account (of course, I'm sure the fine print says that you agree to
> provide them content free of charge without your consent).
>
> Anyway, before I fire off a missive to these folks with a demand for
> them to remove my content I thought I'd gather opinions from you first.
>
> Thanks!
>
> -- Kevin
>  
>


[Non-text portions of this message have been removed]

Ray,

Thank you for clarifying.

I'm defensive about downloading "free" software -- few things in life  
are completely "free".

Anyway, to clarify -- last.fm does not have the actual files or even  
links to the files.  They merely have counters to follow the listening  
preferences of those that have downloaded their software.

Thanks for the explanation.  I'll just let sleeping dogs lie.

-- Kevin

imitation is the sincerest form of flattery, unless
you are a musician, in which case,  theft is the
sincerest form of flattery.

none of MY music is up there.

you gotta lotta nerve complaining!

well, none of your stuff is there now, i hope you are
happy.

now, who do i have to bribe to get my stuff up there?

the bottom line is that 99 percent of musicians will
never make money and will never get known. the
internet and sites like the one you are complaining
about, are giving musicians a chance to be heard, and
if someone should chance uppn your work, you may end
up with a fan, a customer or a gig. not likely, but
far more likely than relying on your own means of
publicity and promotion.

the quality of your work, and giving your work
listeners, is far more important than the revenue
which it may generate for you, especially in your
case. (uh, that's a compliment).

you may want to contact them and see if they will just
link to your myspace page and then you can control the
content and reat the stats.

final word:

your art is worth more than your wallet.

rupert




 
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On 11/17/06, rupert chappelle <rupert1manband@...> wrote:

> now, who do i have to bribe to get my stuff up there?
>




As I stated, download their software and run it while you are listening to
your own music, and they'll start counting it. You will appear on their
site, will-he-nil-he and bob's yer uncle.

You will also, in all likelihood, provide the owners of last.fm with your
social security number, any other personal information you happen to have
ever put on your computer, and possibly the contents of every file. But hay,
the software is free and the listing is free, and you _can_ get something
for nothing. Virii, malware, personal information theft, identity theft. All
free for the having. They just cost you later.

ray


[Non-text portions of this message have been removed]

Well, as Ray pointed out... last.fm is keeping stats and not actually  
copying content and as such, I'm ok with that.

One of the reasons I posted to this list was to get more information  
before jumping to conclusions -- and so I appreciate the feedback.


Rupert wrote:
> imitation is the sincerest form of flattery, unless
> you are a musician, in which case,  theft is the
> sincerest form of flattery.
>
> none of MY music is up there.
>
> you gotta lotta nerve complaining!

Yeah, I was letting off some steam.  We all have our "hot buttons".   
The word "exposure" does it for me.

Over the years, I have played for pay and gratis -- in the situations  
where I played "gratis" the folks that asked me were sincere and the  
music or event was interesting such that I wanted to be involved in  
it.  In general, when someone pushes the "you'll get exposure" button  
-- it is usually an event where you don't get paid, the music is just  
background, and the audience isn't there for the music, even remotely.  
  They might put up a "don't shoot the piano player" sign, though. :)

> well, none of your stuff is there now, i hope you are
> happy.

I am generally happy.  My health is good and my family is well.  My  
kids talk to me.  Thus, my complaints, as your comment suggests,  are  
over small issues.

>
> now, who do i have to bribe to get my stuff up there?
>

You can open a free account with them and upload content.  So, don't  
think you need to bribe anyone.  Apparently you need to download their  
software and agree to their terms.

> the bottom line is that 99 percent of musicians will
> never make money and will never get known.

I have been fortunate to make money from musical activity over the  
last 36 years.  I do not live off my music income now however it  
provides an excellent second income stream.

> the
> internet and sites like the one you are complaining
> about, are giving musicians a chance to be heard, and
> if someone should chance uppn your work, you may end
> up with a fan, a customer or a gig. not likely, but
> far more likely than relying on your own means of
> publicity and promotion.

Most of my website traffic comes from the communities in which I am an  
active participant: thereminworld, electro-music, and some mailing  
lists.  I also get numerous hits from google searches.

Most of the folks hitting the large commercial websites appear to be  
looking for conventional musical styles.  However, people who seek out  
Theremin music and synthesizer music are managing to find me and  
others one way or another.

I decided to fund my own website so that I can control the content and  
provide a calm experience -- free of popups, etc. -- for those who  
visit.  When I manage to create cd's, I plan to offer them for sale  
via my website in the same low-key manner.

> the quality of your work, and giving your work
> listeners, is far more important than the revenue
> which it may generate for you, especially in your
> case. (uh, that's a compliment).

I take it as a compliment.  And you are correct, it IS all about the music.

> final word:
>
> your art is worth more than your wallet.

Well, thanks.  Though, when I pull up to the self-service pump, my  
wallet's contents are more useful than my music.  :)

Again, my apologies for hitting the panic button earlier... and my  
thanks for the information and feedback.

-- Kevin