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It's Okay to Dream Big

A friend of mine just sent me a copy of The Okay Book by Todd Parr.

I read...a lot. And this is BY FAR the very best book that I've ever read. The message is powerful and to the point.

Did I mention the book is for pre-schoolers?

Am I crazy? Maybe... But I really think that if people took this book's message to heart, the world would be a much different place.

For example, "It's Okay to Dream Big."

I've talked to and worked for thousands of musicians since starting Kathode Ray Music in 1995. And the #1 reason most of them fail, or don't get as far as they think they should, is because they don't really believe it can be done.

For example, all it would take for you to become a medical doctor is to go to medical school. Yes, I know there are little things that this includes, but more or less, it's just part of the medical school process.

But most people think, "I could never become a doctor."

This is what keeps them from doing it. If you can't visualize it, you can't do it.

The same is true for musicians who want "success" in the music business (or in life). You must be able to visualize it if you want to make it happen.

You've probably heard the saying, "Be careful what you wish for, you just might get it." So ask yourself, "Am I dreaming big enough?"

Having Direction

Let’s say you’ve got your attitude correct, the right skill set honed, and the right philosophy. Great! You’re on your way – somewhere. If you don’t have the right direction planned out, you’ll simply wander aimlessly.

You don’t attempt even the smallest of construction jobs without a plan, and yet many people work in a field they just happened to “fall in to” because someone suggested it, or a friend was doing it, or even worse—they didn’t have anything else to do.

Wandering through your career can be just as deadly as wandering through a desert without a compass and canteen—in both places, you can die a slow death of thirst and exhaustion.

You must know where you want to go in order to set a direction for your life and career. You’ve probably heard the adage, “No one plans to fail, but they do fail to plan.” So determine where it is that you want to go (i.e., what you want to do) and set a course for it.

I recommend doing something you love. Not something that you can tolerate or achieve a reasonable pension from after 30 years of work (do pensions even exist anymore?), but something you are truly passionate about.

If it’s music, think about how you are gifted in that area. Do you sing? Would your singing chip paint off a house? Do you have an ear for pitch and tune? Do you play an instrument? Consider the field of professional golf for a moment. Do you love to golf? Would you be willing to commit days, weeks, months, and years to bettering your game to the point when you could hit the pro-circuit?

Do you have a means to support yourself (and your family) while you work on your dream job? Would you be happy and content doing whatever you chose—for the rest of your days, if need be? These are all questions you should ask yourself as you try to set the direction for your life, and ultimately, for your success.

Now that you know where you want to go, you must plan and prepare for your destination. As you plan and prepare, it’s fair to expect that you will achieve that goal—expectations play a large role in success, no matter what the field. If you plan well and are committed to the work involved, then and only then, can you expect to achieve the desired results in your life.

Web Audio for Musicians - Free Download

Just released some new software for musicians who want to put audio on their sites in a way that makes it very easy for customers to skip plugins, external players, and other compatibility issues.

This package actually retails for $97.00, but I've decided to give it away free for a limited time. Visit www.krwebaudio.com to grab your free copy now.

In addition to the software, I'm also giving away a course which shows how to use it and other tools to increase mailing list signup, get more people to shows, and sell more music.

Oz ISP, Employee And Principal Held Liable For Copyright Breaches

by Alex Malik

MusicDish Network Sponsor

Another day, another copyright battle! Australia's Federal Court has handed down its decision on Universal Music Australia v Cooper (the ComCen case). While no final orders has been made, Justice Brian Tamberlin found for the recording industry applicants on all counts, in what has been described by the recording industry as a "major blow against piracy."

Following an investigation by Music Industry Piracy Investigations (MIPI) into the website www.mp3s4free.net, Universal Music Australia and 30 other companies, including seven international companies, commenced proceedings against the alleged registrant of the mp3s4free.net domain name, Mr Stephen Cooper, and the internet service provider (ISP), E-Talk Communications (trading as ComCen Internet Services). Proceedings were also commenced against an employee and principal of ComCen.

MIPI proclaimed that this case was "a world first", being an action not only against an MP3 website, but also against an ISP which provided website access to users, thereby allowing them download unauthorised sound recordings from the site. According to MIPI, "the website (was) ... one of the largest of its kind ... in the year preceding the commencement of legal proceedings, approximately seven million people visited the website, resulting in over 100 million hits to the website."

The case was significant because it was the first time the recording industry had accused an ISP of being directly involved in music piracy by allowing its infrastructure to be used for file-trading activities. ComCen unsuccessfully claimed that they were not liable for any copyright infringements because they didn't host any MP3 recordings on their servers. Further, they claimed that they were not aware of any infringing behaviour associated with the mp3s4free.net website, and were in no position to control the behaviour of their subscribers. His honour rejected these claims.

The court accepted MIPI's claims that Cooper's website provided hyperlinks to external websites, which allowed individuals to engage in the unauthorised downloading of sound recordings. The court held that Cooper had "permitted or approved" and thereby authorized the copyright infringement by internet users who accessed the mp3s4free.net website. The court also found that the respondents engaged in misleading and deceptive conduct under section 52 the Trade Practices Act by making false claims about the legitimacy of the MP3 files available through the website, and the rights of consumers to legally download the files.

The website was "user friendly and attractive" and "visitors could readily select from a variety of catalogues of popular sound recordings for download." The website used an extract from the ARIA charts to demonstrate that many of the latest hit singles were available to users.

Peer to peer, or peerless?

This decision may not necessarily impact on the Australian peer to peer cases currently going forward including the Kazaa case, where the parties are awaiting a judgement, and the Swiftel (Perth) ISP BitTorrent case, which will be heard later in 2005. In the ComCen case users could download from a centralised server. Although the respondents didn't host the files, the evidence indicated that these downloads could have been switched off by the respondents if they had wanted to do so. The hyperlinks could have simply been disabled. However, Kazaa, BitTorrent and other P2P systems can't be simply turned off. There is no overriding master switch. They are decentralised systems. There simply isn't the same level of centralised control as exists with sites like mp3s4free.

The court held that in the ComCen case, Mr Cooper had "sufficient control of his own website to take steps to prevent the infringement." Another point of difference is that Mp3s4free apparently existed for one reason only ­ to allow consumers to download music for free of charge and free of restrictions. While infringement is a substantial problem on P2P networks let's not forget that there are many legitimate uses of P2P networks. P2P networks are used to trade public domain content, licensed content like music and films in return for the payment of a fee, or free the personal content, like blogs and other private writing.

Any long term value in the judgement?

Despite the decision in their favour, the recording industry's celebrations may be fleeting. On January 1, 2005 the Australian/US Free Trade Agreement (FTA) took effect. Under the FTA so-called "safe harbour" provisions were inserted into the Copyright Act. The effect of these amendments was to provide a defence for internet service providers excluded liability for damages for copyright infringement upon certain conditions." The FTA provisions create four safe harbours for carriage service providers. These cover the transmission, caching, hosting and referencing of infringing materials. Eligibility for safe harbour protection is depends on fulfilling certain obligations including in same, cases the removal of content stored or cached material, or the termination of customer accounts.

This case was decided on the basis of the law as it existed prior to the FTA amendments, so this case may not be a useful precedent with respect to ISP conduct after January 1, 2005.

The position of ISPs may further be further complicated by the forthcoming ISP's Code of Conduct which the Internet Association of Australia (IIA) has been working on with copyright holders. According to the IIA, it is moving to finalise an industry code of practice "for ISPs, webhosts and other 'carriage service providers' in relation to copyright in online content." Such a code may include the principles for the issue of takedown notices and related matters.

32 months and counting

The ComCen case has had a lengthy and expensive looking history. This case commenced with the execution of Anton Piller orders made by Justice Emmett on October 17, 2003. The Anton Piller raids were conducted by the recording industry. The execution of the Anton Piller order followed a MIPI investigation which had commenced in November 2002. In effect, nearly 3 years of work, time and effort has gone into this court case.

Anton Piller raids involve the execution of civil search and seizure warrants by private enforcement units, and have been used by the recording industry in other leading cases, including the current Kazaa case. Anton Piller raids have been described by some critics as being "draconian" and "excessive and heavy handed."

Since 2003 the parties have been to court with respect to this matter numerous times. For example, the case proceeded from October 25 to 29, 2004, and from February 7 to 11, 2005. In a related hearing, in January 2005 the Federal Court allowed MIPI to continue its search of Comcen's computers and servers after it was alleged that the ISP refused to let forensic investigators gain access to its facilities.

During the course of proceedings, the applicants and respondents were represented by a QC, 2 SCs, 9 barristers and 4 firms of solicitors. The costs associated with these proceedings were probably very high. I wonder how much money was spent in this case, and I wonder if the record companies consider it money well spent despite the recent legislative changes.

Daniel and the recording industry

Initially, Mr Cooper the first of the respondents was unrepresented, and in the judgement his honour thanked counsel for stepping in to assist Mr Cooper in what was "a complex case."

ComCen was also only a small ISP. With only eight employees ComCen was certainly no Telstra or Optus (Australia's two largest ISPs). The ISP operated out of Camperdown, a small suburb not far from the centre of Sydney, while Mr Cooper was based in Queensland. It is likely that a case against a small ISP was viewed by the recording industry as its best opportunity to push for a "test case" with a satisfactory result. The respondents also lost the public relations war, which seems to becoming increasingly important in modern copyright infringement cases.

Conclusion

The decision in the ComCen case appears to raise more questions than it answers, especially for ISPs.

* What is the current legal position of Australian ISPs with respect to the conduct of their subscribers?

* What is the current legal position of Australian ISP employees and managers with respect to the conduct of ISP subscribers?

* Do Australian ISPs have a duty of care to ensure that their subscribers do not contravene the Copyright Act?

* If so, does this duty of care extend to other forms of illegal conduct?
* What about the privacy of ISP subscribers?

* Will ISP subscribers have to vet the contents of their website in advance, in order to satisfy their ISP that no legislation has been infringed?

* Will personal subscribers have to submit their "blogs" to their ISPs in advance in order to satisfy their ISP that the blog does not contain any defamatory statements which could result in ISP liability?

The case has been decided, but the law is certainly not settled. With clenched teeth and shaking heads, we wait for the next one ...

Provided by the MusicDish Network. Copyright © Tag It 2005 - Republished with Permission

What is Music Business Marketing?

Lots of people think of college professors with bow ties when they think of marketing. Lots of numbers, lots of formulas...

I think of it as a game... You've got money and I want to get it from you.

Sure, I could kill space aliens or do whatever the current video game trend is, but people take money very seriously and it takes a lot more skill get money from your wallet to mine than it does to grab a joystick and shoot things.

Did an interview with Craig Havighurst on the subject and it was on WPLN earlier today. As with most anything on radio or TV, a lot of it ended up on the cutting room floor, but you can listen to what aired here.

Increasing Creativity

As you ponder your goal and determine the best course to achieve it, you will need some creative ways of thinking and facing challenges that will arise. The most creative-thinkers out there will encourage you to think outside your box and to consider even the wildest of ideas.

One way to do this is to “Wild Mind Brainstorm.” Wild-Mind is done by having a piece of paper and writing down EVERY idea that occurs to you about the situation you’re facing. Do NOT evaluate your ideas—just write them down. Do NOT consider something “ too silly” or “too dumb” to write down—just write it down!

Evaluate your ideas in a few days, but not when you’re writing them down. Consider these ideas much like a newborn baby. You must cradle that baby and hold it lovingly and help it grow to a responsible adult. The same goes for your new ideas. You might find that one idea you would consider to be the “silliest” turns out to be your key for unlocking the door you’re facing.

Remember the guy who came up with the idea for Post-It Notes? The adhesive was discovered long before they found a use for it—and the person who said, “Let’s make some note pads that are small and can be easily removed,” was laughed at. But now—do you even see ONE office without Post-Its around? I have at least 6 pads of Post-Its in my desk drawer alone. There’s one in the kitchen, and one in the car.

Another way to increase your creativity is to be around others who are creative. Proverbs 27:17 says, “As iron sharpens iron, so people can improve each other.” If you hobnob with those who are known for creativity, it will wear off on you. And you will find new ways of looking at things and thinking about situations, as well.

You can find audio-books and speeches that will stir up your creative juices as well. Professional speakers and those who have “been there, done that” often hit the speaking-circuit and can pump fresh ideas and life in your goal and the ways you attain those goals.

I prefer removing myself from the goal-achieving mode and moving to a truly creative outlet—the arts. You may not consider yourself artsy or think you have any ability in this realm, but it’s worth taking a lump of clay (or Play-Doh) and working with it.

You may find, as I do, that when I’m working on a hobby that I truly love, I free up a portion of my brain that was engaged in my problem-solving. When that happens, I typically find a potential solution to my dilemma. Artistic creativity often sparks other forms of creative-thinking, as it engages a different area of the brain than what we’re used to using. Pick up a paintbrush, a pencil, arrange some flowers, or begin a needlework project. You may find in color and artistry you have a new lease on what you’re doing!

You’re Not Alone - Leveraging the Assets of Others

Somewhere on your road to success, you’ll begin to understand that you are really never alone. There are amazing sources of strength and help everywhere you look—you just have to use them. You’ll have to look to find them and then know how to use them, but it beats the heck out of not having them at all!

A team is incredibly important as you walk along your path. You may reap the benefits of success in your world, but you don’t get there alone. The fallacy of the “self-made man” is just that—because everyone is influenced directly and indirectly by scores of people. Let’s look at a list of those involved:

Parents: if they were there to raise you, they had the greatest influence on your life. Feelings of love and security are established early—as early as birth. Children who have parents who love, care for, and protect them gain enormously both psychologically and physiologically.

Teachers chances are there is a teacher who has made an impression on you that you remember to this day. Positive or negative, there are teachers in our lives who have the power to mold us and shape us. Sometimes we choose paths in response to a negative example a teacher has left us; more often than not, we choose paths that are due to the positive influence they’ve left in our lives.

Friends: the happiest and most successful people tend to have a wide range of friends from different walks of life. They encourage us, lift us up, and are part of an inextricable support system in our lives.

Mentors: smart people who truly desire success find mentors that will walk with them as they traverse their road. Mentors can point out pitfalls and potholes in the road that we might otherwise miss, and their experience and willingness to teach us is an invaluable gift.

Spiritual Leaders: ministers, priests, rabbis, pastors, etc., are in an amazing position to contribute positively and significantly in your life. Their ability to see past the circumstances and share life and light is unparalleled. Having a spiritual leader doesn’t guarantee that you’ll never feel despair, but it does guarantee that you won’t have to go through the dark times alone.

Just as you have a team as you work towards success, you can be a part of someone else’s team as well. Be a friend to someone who is just starting out on the road to success—encourage them, mentor them (if appropriate), and commit to be there for them when they need you. Do the right thing (remember your integrity), and have compassion in all situations. You’ll build your team and your success as you do these things!

Music Business Mentoring - Now Taking Applications

As I mentioned three weeks ago, I'm looking for 5 musicians and music business entrepreneurs to personally work with over the next 6 months.

This is your chance to have high-level access to me. We'll get on the phone every week, chat via email, we'll get together face-to-face...

I have never done something this intense before and may never do it again, so if you're interested, you'll want to apply now.

I am ready to start in October, which means that you'll need to get your application in by this Tuesday, 9/27 in order to be considered.

Get an application via return email.

Looters in New Orleans Don't Like Country Music

The Wal-Mart store in uptown New Orleans, built within the last year, survived the storm but was destroyed by looters.

“They took everything – all the electronics, the food, the bikes,” said John Stonaker, a Wal-Mart security officer. “People left their old clothes on the floor when they took new ones. The only thing left are the country-and-western CDs. You can still get a Shania Twain album.”

Let this be a wake up call, Nashville. You know things are bad when you can't even give it away.

Outsourcing Your Work

Brad Fallon just put up an excellent list of outsourcing resources. With the exception of Scriptlance, the list has every resource you'll need to take care of your programming, web design, data entry, and other employment needs.

In addition to this list, you'll also want to take a look at Brad's package on how to get more traffic via search engines.