Morningwood – Self titled (rock): I discovered Morningwood while looking for new bands online, and put it on my possible buy list. During my most recent CD buys, I was more than a little disappointed to find my “discovery” on the top 25 rack at a local store, downgrading it from “possible” buy to “improbable”. While looking for the other CDs on my list, I somehow got within earshot of one of the local hipsters gushing as if Morningwood were the best band since sliced bread. Maybe it’s the way hipsters ac-cen-tu-ate ev-ery syl-la-ble, or the way they are soooooo into everything, but by the time I could get myself out of earshot, I wanted nothing more than to choke someone with a studded belt and set the bin on fire.

Even though I felt like I was validating hipsters everywhere, I somehow ended up with the album in my hands right before I hit the register. And trust me in that I felt more than a little dirty handing over that ten spot for it. The only small way that I felt could wash off some of the shame was to avoid listening to the album until after I got home…which seemed to work for me.

After settling in and listening to about three songs, I realized that even though hipsters are generally 98% noise, there is an undercurrent of truth somewhere in what they are saying. That distorted, annoying sound spewing forth from the hipster in the store was probably once a nice, clean signal. If you can cut through the magpie opinion amplification in the hipster community, sometimes you find a nugget of truth way, way underneath. I certainly didn’t think Morningwood was the greatest thing since sliced bread, but I could see why people would latch on to it. If the White Stripes had grown up on The Knack rather than Led Zeppelin, they would be Morningwood. Their influences are pretty transparent, but it’s catchy, and on some level it works.

Yet, while laying there trying to listen, two things started to irk me about the disc. The first was a simple matter of numbers: there are only two people listed in the band, yet there are four on the cover. Being the ultimate paranoid, I started to feel like I was being sold a corporate marketing package of what an indie band is supposed to look like rather than the indie band that I had “discovered”. Not that it matters when listening to music, but I had this weird feeling that I was being duped. I sort of brushed it off, but by the time the fourth song rolled around, I had found my second issue prominently eating up about half of the space dedicated to the liner notes. To me this was not a simple matter of words:

“This recording and artwork are protected by copyright law. Using internet services to distribute copyrighted music, giving away illegal copies of discs, or lending discs to others for them to copy is illegal and does not support those involved in making this piece of music – especially the artist. By carrying out any of these actions it has the same effect as stealing music. Applicable laws provide severe civil and criminal penalties for the unauthorized reproduction, distribution and digital transmission of copyrighted sound recordings.”

Here I was intentionally trying to steer clear of the major labels to devote some attention to what I thought was an indie band, and before I could get through track 4, I was being preached to about the in’s and out’s of copyright law in a paragraph that was larger than I’ve found on any mass produced, corporate-backed disc. The day I want a band to give me legal advice is the same day that I ask my lawyer to jump up on the desk, strap on an axe, and rock like Great White at a fireman’s ball.

Led Zeppelin never had giant copyright notices in their liner notes. No. They had evil looking guys with swords and lanterns. AC/DC? Nope. They had a guitar jammed right through Angus Young’s chest. Even tame ol’ Pink Floyd had a freakin’ guy with his hair on fire. That’s what I want to see in liner notes: I want rock. I want to feel like the artist I’m listening to wears leather pants and tears up hotel rooms while flipping off the man right before throwing up on him. Don’t turn my listening time into something inherently uncool.

If you’re going to ruin my fantasy about you actually being as cool as classic Metallica, at least don’t show me that you’re Lars Ulrich. I buy a lot of CDs. And I have never used a P2P application to copy MP3s from the net. If I want the music, I buy it at the store or online, and take whatever legal mp3′s the artists give away for free. So, one of the last things that I want to read in some liner notes is a big, pseudo legal warning about what I can and can’t do with my purchase. If you’re determined to go this route, have the courtesy to be brief, accurate, and honest with what you write. And have the cojones to put your extensive warnings on the outside of the CD, so I can see what you’re all about before I lay down the $10.

“Using internet services to distribute copyrighted music…”

I will assume that Morningwood is targeting Peer to Peer distribution systems with this line, but it should be noted that using the internet to distribute copyrighted music is not inherently illegal. I actually first heard a few of Morningwood’s songs by downloading them directly from their website. Some artists and labels actively encourage the copying of their files over the internet while retaining copyright to the their work. If someone holds a copyright on a work, the use of the internet is not an important deciding factor in whether copyright infringement has occurred. Copying CDs and trucking them to Georgia is the same as dropping a CD in various locations on the internet. The copying is the action in dispute, not the medium by which it is distributed.

“Giving away illegal copies of discs…”

So, copying CD’s for other people is technically copyright infringement if the artist makes a claim against you. It’s true. If you got busted, you may be able to claim that those copies are covered under the doctrine of Fair Use, but that would probably be one expensive battle, and the climate of the courts these days seems to favor the indefinite expansion of copyright holder’s rights. You probably won’t win, but it’s certainly not black and white. You could also have created your copy on home audio equipment covered under the Audio Home Recording Act (sorry, PC’s are not covered) in which case you would be free from prosecution as long as you give away the discs in accordance with the rules of the act.

“lending discs to others for them to copy…”

Now we’re getting silly. The Doctrine of First Sale allows you to re-sell or lend your CD to whoever you want after you get it out of the store. Once you buy it, it’s perfectly within your rights to lend it to someone. If the person you lend it to makes a copy, then he or she may be violating copyright law, but the lender is not. Saying that the lender is breaking the law is more than a little misleading. Shame on Morningwood. Lending CDs to people is how some people communicate. And what they are doing with that communication is free, evangelical advertising for the bands that they lend. To lie and say that this is illegal is beyond stupid: It alienates the fans, stops free advertising without loss of sale, and actually insults the people who actually took the time to read your liner notes. Like me.

“has the same effect as stealing music…”

I’m no one to question the genius and legal expertise of pop artists, but according to the Supreme Court’s 1985 decision in case of Dowling v. United States:

“interference with copyright does not easily equate with theft, conversion, or fraud. The infringer of a copyright does not assume physical control over the copyright nor wholly deprive its owner of its use.”

So, according to the Supreme Court of the United States, copying a CD is not legally equivalent to stealing it off of the rack. Copying is not equivalent to theft. If you want to argue that one, call the Supreme Court. I’m sure they have the time to listen to the pseudo legal opinions of a couple of musicians.

“and does not support those involved in making this piece of music – especially the artist…”

Know what really kills artist support more than kids trading CDs? Fans feeling like an artist is trying to snow them. Without word of mouth and organic advertising there are no sales. So, Morningwood, if you want to have your gospel spread, cut back on the fake legal warnings. Don’t think that your fans lack the sophistication to recognize patently misleading legal warnings (or threats). Respect your fans, because without them, you’re not on stage doing what you love: You’re painting houses for your uncle in Jersey.

Stick to what you know. Be honest. Rock your ass off. And please, please follow some good advice often ignored by bands who inevitably find themselves kicked into obscurity:

“Less talk, more rock.”

Posted in Anger, Music, Philosophical BS