More Clear Channel Madness

John Macy · Post by **John Macy** » 17 Jun 2004 9:39 am

It just keeps coming... (by the way, you can visit www.clearchannelsucks.org for more enlightening information)

Los Angeles, (May 27, 2004)— Recent headlines report that corporate mega giant Clear Channel Entertainment has announced they have purchased a patent making it illegal for any band to record their own live show, and sell that recording day of show at the venue, unless the band pays Clear Channel. Now virtually all performing artists including bands like the Pixies, Billy Idol, and even Bruce Springsteen run the risk that if they record their own shows at any venue in the country, then sell the CD’s that same night, Clear Channel can and will go after the artists and make them pay. Clear Channel’s Instant Live director Steve Simon has made it very clear that, “It is a business, and it's not going to be ‘we have the patent, now everybody can use it for free.’”

The “David” to Clear Channel’s “Goliath” is independent live recording label Kufala Recordings. Led by label president, Brady Lahr, an outspoken champion of the ‘indie artist’, Kufala actually stands the most to gain by Clear Channel’s outrageous assertion. Kufala Recordings provides a major loophole for fans and artists who do not want to be manipulated and controlled by Clear Channel Entertainment. Through Kufala, fans can place orders at the venue and the product is delivered within 2 weeks. Kufala’s releases are multi-track live mixes recorded at the show, that have been studio mastered and creatively approved by the artist--most albums are double disc sets and all come in a sleekly designed eco-friendly sleeve, each featuring unique artwork. These high quality ‘authorized bootlegs’ are also available for download on all major music sites from I-tunes to Net Music, an independent digital music distributor.

Lahr explains, “Unlike the Clear Channel model of recording and burning CDs at the venue, we simply record the music, take it back to our studio for a proper mix and master, then ship the live show recordings out to our artist’s fans. Fans place CD orders at the venue before, during and after the show. They know they will be getting a great recording and that the artist has approved the master. They also know that the band actually owns the recording and will be paid for sure. As artists and fans begin to figure out just how evil the Clear Channel patent is, our business will open up even faster.”

Kufala has drawn a fighting line in the sand and is now calling on independent artists and labels as well as artist organizations to challenge Clear Channel’s patent and its grave monopolistic implications in the music industry. Kufala, a “David” among entertainment industry “Goliaths” is now the only label with the ability to give artists a real alternative to Clear Channel. Kufala and other leaders in the music industry believe that the antitrust implications of Clear Channel’s live recording patent are far reaching. “Clear Channel Claims to own the patent but it will most likely be struck down in court at the first law suit. Lawmakers need to take heed because in fact, Clear Channel is really using their monopoly in the market to powerfully restrain trade above and beyond the patent issue,” explains Lahr. The Kufala business model is not directly affected by Clear Channel’s recent patent however Kufala has experienced first hand Clear Channel’s ability to restrain trade when they barred Kufala from recording at one of their venues—a restrain which occurred regardless of the fact that the venue did not have recording capability not to mention that the artist, their major label, and a non Clear Channel affiliate Radio Station all requested Kufala’s Services.

Lahr is making it known loud and “clear” to every label and artist that Kufala offers the definitive alternative to Clear Channel’s claim to a monopoly on live show recordings, with their own ‘Authorized Bootlegs System.’ Jason Pinsky, another principal at Kufala points out, “We may be the little independent guy here but Clear Channel is laying claim to be able to control an artist’s ability to record and sell their music at their own shows. This is the most outrageous example of Clear Channel’s monopoly in the music industry yet, especially since Clear Channel has already taken over all the major outdoor venues and most of the radio stations and related play lists. Next Clear Channel will claim it has a patent on allowing artists to sing in their own showers!”

Ray Minich · Post by **Ray Minich** » 17 Jun 2004 2:33 pm

A patent? A PATENT? What the heck are those idiots at the patent office doing?

Talk about total ignorance of prior art...

I'm flabbergasted...

Maybe I can get a patent on listening to the radio...[This message was edited by Ray Minich on 17 June 2004 at 03:34 PM.]

Janice Brooks · Post by **Janice Brooks** » 17 Jun 2004 3:01 pm

Pure greed as always.

David L. Donald · Post by **David L. Donald** » 17 Jun 2004 3:25 pm

You can't succesfully patent what has been done publicly for years...
They can only makes some cash till it is thrown out of court.

I was recording live bands and selling copies the same night as far back as 1964...

So the medium has changed to CD, so what.
Prior use applies here.

But it clearly (ironic pun intended) the purest of averice at work here.

chas smith R.I.P. · Post by **chas smith R.I.P.** » 17 Jun 2004 10:39 pm

They can only makes some cash till it is thrown out of court.

Remember, these guys are from Texas, and politically, very well connected.

David L. Donald · Post by **David L. Donald** » 17 Jun 2004 11:15 pm

For the moment...
we'll see.

(Just an observation : please, no lib/con barbs)[This message was edited by David L. Donald on 18 June 2004 at 12:16 AM.]

Mark Metdker · Post by **Mark Metdker** » 18 Jun 2004 4:42 am

So now it's Bush's fault that Clear Channel sucks?

chas smith R.I.P. · Post by **chas smith R.I.P.** » 18 Jun 2004 10:49 am

Who said anything about Bush?

Nate LaPointe · Post by **Nate LaPointe** » 18 Jun 2004 3:22 pm

The Dead and Ratdog still sell their CD's after shows. I'd guess over half the venues they play are Clear Channel run. I don't see them bowing down to corporate greed. hmm, wonder how they do it....?
www.natelapointe.net

Donny Hinson · Post by **Donny Hinson** » 18 Jun 2004 4:24 pm

I'd like to have a look at that "patent". Maybe someone could provide the patent number, please?

Addendum: (after some searching in the U.S. Patent Office archives...)

Seems the patent(s) in question may be 5,946,445 and 6,678,461. Inventors were Eric Peters and John Walsh, and the patent is owned by (assigned to) "Avid Technology", of Tewksbury Massachusetts.

Maybe Clear Channel "owns" them, too?

Interesting reading...maybe some of you recording-engineer types could elaborate on the techniques they're using,and what makes them so special? [This message was edited by Donny Hinson on 18 June 2004 at 06:01 PM.]

Henry Nagle · Post by **Henry Nagle** » 18 Jun 2004 8:22 pm

Is this what Bush has in mind when he complains about government being too big?[This message was edited by Henry Nagle on 18 June 2004 at 09:43 PM.]

JB Arnold · Post by **JB Arnold** » 19 Jun 2004 5:26 am

In the Dead and Ratdog's case, you don't get the CD at the show-it comes in the mail. The Dead own everything about their music and their shows, and they do their own mastering on the bus and bounce it off a satellite to their offices where the CD's are printed. The Dead are in a rare postion however-they literally have no need for airplay, promotion, publicity, or anything else a promoter offers-They're coming to town and you can partake in whatever cut they may offer you, or they can cut you out all together and do it themselves-which they are quick to point out. Virtually all their shows sell out, and clear channel has no way to get a foothold on their art. They own their label, they do their own distribution, publishing, and roadwork. Even going back to the old days at Warner, the Dead were a cantankerous, unmanageable bunch who were quick to bite the hand that fed them (meaning the label was continuously being told where to go). That hasn't changed.

JB

------------------
Fulawka D-10 9&5
Fessenden D-10 8&8
"All in all, looking back, I'd have to say the best advice anyone ever gave me was 'Hands Up, Don't Move!"
www.johnbarnold.com/pedalsteel
www.buddycage.net

http://www.nrpsmusic.com/index.html

Jon Light (deceased) · Post by **Jon Light (deceased)** » 19 Jun 2004 6:12 am

But ClearChannel can piss on their bus tires. Watch out!!

David L. Donald · Post by **David L. Donald** » 19 Jun 2004 10:00 am

So now it's Bush's fault that Clear Channel sucks?

Indirectly there is reason to suspect that there is an indirect connection.
They are huge donnors to the powers that be at the moment.
And I suspect that that makes them believe that they have liscence to do as they please.

Avid is the largest maker of non linear video editing systems for film, news cutting and tons of other video and audio usages

They are also the parent company of Digidesign that makes Protools.
Whether Clear Channel is an investment partner in that company I don't know,
but they could have liscenced the technology for this business plan.

I would be surprised that Avids guys actually patented audio recording to hard disk,
but it is similar to a Protools system, and can burn to disc. So [ossibly they did some sort of sytem integration patent years ago, and saw no reason to enforce it for this purpose.

I think Clear Channel is basically trying to force a large cut of disc sales on any act recording in a Clear Channel controlled venue,
and liscenced the technology so the6y can leverage a cut from live albums of any sort recorded on their premises.

seldomfed · Post by **seldomfed** » 23 Jun 2004 11:55 am

I believe that the US is the only place you can patent a business model/process. It sounds like what Clear Channel has. This type of patent has become more common since the .com boom. Amazon for instance patented their 'one click' ordering. It's pretty nuts.

Too bad Clear Channel can't hire some ex Enron execs. to help drive the company into the dust of history.

Chris

Chris Erbacher · Post by **Chris Erbacher** » 23 Jun 2004 7:06 pm

just goes to show again how far ahead of everybody the dead have been for a long time. i wonder what would happen if the
dave matthew's and other big acts refused to play in clear channel venues unless they adopted a more democratic and non-monopolisitc approach to making money? dave matthews is a huge crowd getter and money maker (just read any rolling stone mag) and if enough artists shunned the big corporate machine then crap like this patent wouldn't happen so often, but then again, big money is at stake, for both sides. one thing is for sure, a lot of these huge acts could stand to go without a paycheck for a while to prove a point and make it better for everyone. go kufala

JB Arnold · Post by **JB Arnold** » 25 Jun 2004 6:59 am

Well,the thing is that Matthews still needs airplay. The Dead don't. He also needs publicity, and the Dead don't. It's a fairly unique thing. a great majority of Dead tickets are sold over their web site before the shows are even publicly announced. The Dead can almost predict to the unit how many CD's they will ship of any particular release, and since they have all the tapes and masters, they print up that many, and sell 'em to their fan base on the web. they have 30 years of live shows on tape to pick from and release, plus the current tour schedules. They have a deal with Rhino I believe for retail distribution, so the releases get into the stores, and because of ewho they are they do get some airplay, but unlike other acts, they don't need it to sell CD's. Therefore, they can tell Clear Channel where to go. Tour wise-their 5 night stands at red rocks are automatic-they just call the local promoter and tell him when they're coming. he has to do virtually nothing but provide security-the tix are already sold. It's a pretty well oiled money machine at this point-and they just don't take any crap from anyone.

JB

------------------
Fulawka D-10 9&5
Fessenden D-10 8&8
"All in all, looking back, I'd have to say the best advice anyone ever gave me was 'Hands Up, Don't Move!"
www.johnbarnold.com/pedalsteel
www.buddycage.net

http://www.nrpsmusic.com/index.html

Ray Minich · Post by **Ray Minich** » 25 Jun 2004 8:13 am

Donny Hinson --- Did you get to read what the "claims" were under the "claims" section of the patent? That should be interesting reading.

They probably claim ownership of anything that involves listening...

Regards.[This message was edited by Ray Minich on 25 June 2004 at 09:14 AM.]

Ron Jones · Post by **Ron Jones** » 25 Jun 2004 7:55 pm

I think Alan Jackson Said it best..." There Goes The Little Man ". Wal-mart has me trained to ring up and bag my own groceries. We do it to ourselves. Can you say Reaganomics boys and girls...I thought you could.

------------------