Saturday, May 8, 2021

Lost Videos of 120 Minutes

 In the mid-to-late 90s, I spent most Sunday nights waiting until I was about to fall asleep to hit record on the VCR in the family room. 120 Minutes, MTV’s long running lone outpost of indie music, aired midnight to 2am, barring LoveLine or Road Rules reruns. I didn’t trust the VCR to actually start recording when I programmed it, so I set it to record in EP mode (remember that?) and let it run from around 11pm til whenever the tape ran out in the wee hours. Eventually I amassed a small collection of episodes, though even at the time I knew most only had 1 or 2 videos worth re-watching. The excitement came in not knowing what was coming next: would it be an overhyped UK band, or another fucking 311 video? It must have been easy to get touring bands to the downtown Manhattan studio, as Sebadoh, Hum, Buffalo Tom, and the Butthole Surfers (among many others) showed up for interviews, performances, and/or hosting entire episodes. 

There’s videos still burned into my memory, usually from bands that rarely got MTV airplay. The endless memory bank of YouTube saved them for posterity, blurry VHS quality and all. Honestly it would be weird to see these videos in HD, as the tracking issues and fuzzy resolution are part of the memory. Here’s some videos I remember, with my memories of watching them, and some info on what happened to these groups after a brief shot at glory in the early ante meridiem (many thanks to The 120 Minutes Archive, crucial to jogging my memory https://120minutes.tylerc.com/) 

The Connells “Maybe”

October 20, 1996

The Connells had a big hit overseas with “74 75”, but despite hitting the Top 20 in the US, this North Carolina band never really leveled up, even after almost two decades of grinding it out. I’m not sure a video based on Deliverance was going to push them over the top, but they sure look like they had fun filming it. Back when they started, this type of jangly, R.E.M.-indebted rock, with little to no trace of its punk roots, was called College Rock. It was never totally palatable to fans of mainstream rock, nor rough and noisy enough for that day’s Indie Rock crowd, which was closer to Black Flag than The Replacements. Singing to TVT didn’t help much, as the former TeleVision Tunes label has a well documented history of screwing over bands. Maybe one day a label like fellow North Caroliners Merge will do a box set that covers their post-punk beginnings to their final shot at stardom.  

Howlin’ Maggie “I’m a Slut”

September 8, 1996

Living in the Dayton suburbs in 1996 exposed me to more of the southwest Ohio music scene than I normally would have, with Guided by Voices unavoidable and The Afghan Whigs repping Cincinnati. I used to hear this track on the local alterna-rock radio station (The Edge 103.9) pretty regularly, though usually in the late hours, to avoid offending the sensibilities of corn fed Midwesterners. Main man Happy Chichester’s professional relationship with Greg Dulli probably helped with getting signed to Columbia, and after Howlin’ Maggie disbanded he went on to join Dulli in The Twilight Singers. I come back to this song maybe once a year, since it is catchy as hell and has more attitude in one song that most bands can muster for a whole album. 

Booth and the Bad Angel “I Believe” 

August 11, 1996

Did you know Tim Booth from James did an album with composer Angelo Badamenti? I’d completely forgotten about this before researching this article. Turns out Googling “Tim Booth rolling in flowers” bore fruit! Besides the string section, I’m not sure how much Badamenti I hear in this, essentially a pretty standard jangly mid-90s alternative rock song. Despite the massive success of “Laid”, James always had an experimental streak, with a bunch of records produced by Brian Eno to their credit. Anyone looking for Twin Peaks style soundscapes will be disappointed with the rest of the album, which alternates upbeat numbers with moodier midtempo songs that flirt with Adult Contemporary. I remember Matt Pinfield being pretty excited about this video but I was not. Angelo Badamenti spends the video perched on a building miming as a conductor, and Tim Booth rolls around in a field of flowers. I’m just now noticing that the song is mostly the chorus over and over. 

Metal Molly “Orange”

October 20, 1996

This Belgian trio got caught up in the post-Nirvana grunge wave, but I hear a lot more of the dissonant indie pop of Shudder To Think in their sound, especially the atonal hook that anchors the song. Metal Molly were a little too silly for the dour, authenticity-obsessed 90s, and not quite silly enough to appeal to Ween fans. They put out one more album in 2000 before going on hiatus, and their brief run is a good reminder of how popular guitar-based rock used to be. The boundaries between pop, rock, rap, etc have blurred so much that it’s hard to remember when the only game in town was a guitar/bass/drum lineup.

Prick “Animal” 

September 29, 1996 (120 Minutes of Nothing)

This video aired 2 years earlier when the album came out, but was revisited for this special “120 Minutes of Nothing”, which turned out to be a fairly normal episode, with some remote interviews during the Nothing Records showcase concert. After the massive success of The Downward Spiral, Interscope gave Trent Reznor a blank check for his boutique label, Nothing. He did some good with it, like giving Autechre better US distribution, and some pretty middling, like helping out former Lucky Pierre bandmate Kevin McMahon with his new project. Prick does have a small but loyal fanbase (one of my high school friends was, and remains, an ardent supporter), but it sounds to me like a bit of bandwagon jumping, wearing Industrial music like a costume. Have you heard Lucky Pierre, anyways? Their jittery, noisy new wave would have been a big hit in the Meet Me In the Bathroom 00s blog rock era. The video takes place in a big metal silo, which was strangely ubiquitous in the 90s (see also: “Warped” by Red Hot Chili Peppers). Having people dress up as animals is a sorta neat twist, though I’d pay to see the Jack Hannah type of backstage shenanigans that went on when the real animals showed up. 

Requiem for Load


Quarantine has left us all with a lot of downtime, and like many, I’m looking for something comforting in music, something familiar. Like most times when I’m feeling down and lost, I look to the music of my youth for something to hold onto. Not that much of the music I liked in my teens is objectively Good: Led Zeppelin IV may be their crowning achievement, but it wasn’t until they stopped ripping off old blues musicians and embraced knotty, math rock levels of composition with Presence did the band finally start to sound like more than the sum of their parts.

The same goes for Metallica: While The Big Three (Ride the Lightning, Master of Puppets, and ...And Justice for All) are the Metallica of my youth, they’re essentially three attempts at the same formula, right down to the track listing and style of each song. All three have The Fast Opening Song, followed by the Title Track, then a comparatively slower ballad, an instrumental, and a final thrash track. 80s Metallica was predictable in the best way, since metalheads are a fickle bunch and can only handle a small variety of the same heavy metal.

While 1991’s The Black Album (or Metallica, if you prefer to be a pedantic asshole about it) may have seemed like a sea change at the time, it was still Metallica, albeit in slightly different ratios. Their songs always had mid-tempo sections, even if they were bookended with tremolo-picked thrash riffs. The self-titled album just took out the really fast parts, used 1 or 2 riffs per song instead of a dozen, and dropped their tendency to slightly alter the riffs each time it was repeated. The songs were still long, but plodded through extra choruses instead of adding an acoustic interlude. At the time I was still enamored with Fast Metallica, and the Black Album seemed like a concession to the mainstream. Teenagers are, and remain, idiots.

So just imagine my reaction when a new Metallica album was announced in 1996, during my freshman year of high school. The cover was covered in blood, reminding me more of Cannibal Corpse covers than the iconic art of Metallica. Load was a funny title, but the cover had blood! Their logo was changed a little, but hey they’d had it since before I was born, time to switch it up a little.

The PR surge leading up to the release was unavoidable, what with their short hair, edgy Anton Corbijn photos, nipple piercings, and tattoos. The Black Album was austere, severe, and five years later they put an actual cumshot on the cover. In hindsight it does seem odd that they felt the need to have this Very Nineties Grunge look when past Metallica songs had covered such lighthearted fare as state executions, giant monsters, nuclear annihilation, and infanticide. They didn’t even use the most controversial Andres Serrano piece!

The funniest of my Load memories is Alice in Chains’ bassist Mike Inez writing "Friends Don't Let Friends Get Friends Haircuts...” on his instrument in reaction to seeing Metallica in the front row of their Unplugged show, taped just a few months before Load was released. Don’t worry, Alice in Chains will come up later. For now… patience.

In retrospect, the “failure” (if you can call a multi-platinum album a failure) of Load comes down more to marketing than music. Myself and the rest of the young, white, socially inept males that made up most of Metallica’s fanbase really weren’t ready for a change in the Helvetica typeset liner notes, let alone anything that sounded much different from the albums they’d been releasing the preceding 13 years.

I bought Load at Media Play, a relic of the 90s which, even at the time, seemed like a losing proposition. Hitting play on my Discman back then, 14 year old me was not enamored with this New Metallica. The thing is, for all the glamor shots and music videos suffused with the typical mid-90s MTV aesthetic, the music doesn’t stray far from the regular Metallica formula. The biggest difference being, to my now mature and understanding ears, is that they started to write Songs instead of linking riffs together until they resembled a song. The band Converge call this “Part-y songs”, referring to their early days of joining unrelated riffs together like train cars until it seemed like a song. Mastodon also did this in their early days, describing it as “dumping riffs on the floor and sifting through them until a song emerged”. Both bands are still around, and their longevity has as much to do with their eventual embrace of traditional verse/chorus song forms as the relative quality of their output.

Alice in Chains may have perfected the typical Grunge Band vibe, but even their heaviest tracks started out as songs you can play on an acoustic guitar. Not only did Metallica start to follow this songwriting path with Load, they were even known to cover “Them Bones” live, one of my favorite Alice in Chains songs. For all of Layne Staley’s self-lacerating lyrics, “Them Bones” is structured like a typical blues song, despite the riff being in ⅞. Building a song from the ground up so that it can stand on its own without any ornamentation is the deceptively difficult part of songwriting, which Metallica took in some pretty good directions, but not without some bum parts.

So what does Load sound like? Mostly the boogie end of Black Sabbath, bluesy 70s Southern Rock, with a dollop of grunge angst slathered over the whole mess. And it is a mess, don’t think I’m lavishing praise on some unappreciated classic. Metallica are incapable of playing with the kind of behind-the-beat swing that makes swamp rock work, so tracks like “Poor Twisted Me” come across like a weak parody instead of a tribute.

The album, like most popular music in the mid-90s, stretched the limitations of CD capacity—The album’s shrink wrap even came with a sticker boasting of its 78:59 runtime! The following years ReLoad ran a brief 76 minutes, with fewer memorable tracks and with the general feeling that they should have been relegated to B-side status. Few of the songs on either album needed to break the 3 minute mark, though the shortest by far is just a hair under 4 minutes, and most hover around 5 to 6 minutes.

Starting out your first album in 5 years with 5 minutes of generic riffage called “Ain’t My Bitch” wasn’t a good call, let’s get that out there. Especially for a band that boasted of not bending to the same chauvinistic “oh baby baby” lyrics of hair metal, it seemed completely out of character. It’s lyrically puerile, but even worse was the first of many uses of structuring the song with a false ending before playing the opening riff again. Besides stretching the song out, nothing is gained from this, it’s just filling up more 1s and 0s on the CD. “2x4” fares slightly better, with a pentatonic riff straight out of the Tony Iommi playbook, but again with some pretty dumb lyrics.

However, the next four tracks are the most consistent 20 minutes the band would ever create, oddly enough by foregrounding some of the most despairing lyrics James Hetfield has ever written. He’s never been known as a really positive guy, with his well-documented childhood riddled with tragedy, but on this record he managed to use some sort of alchemy to turn his pain into something approaching the sublime. Either it was producer Bob Rock’s search for perfection, or his own search for an outlet for his pain, but Hetfield’s lyrics were never better than on Load, and sadly they never got any better in the records that came after.

“The House Jack Built”, an unflinching look at alcohol addiction (which Hetfield would go to rehab for twice in the next 20 years), uses the metaphor of the body as a decaying house. Lyrical quality in metal is a pretty low bar to pass, but lines like “Is that the moon or just a light that lights this dead-end street?” elevate it above the era’s kings of self-loathing, while introducing the concept of a forgiving light that Hetfield would return to later.

“Until it Sleeps” was the lead single, and its video (directed by the ubiquitous Samuel Bayer) is a hellscape based on Hieronymus Bosch paintings (which aren’t quite as spooky when rendered as giant Muppets). The video is full of out-of-focus shots, grotesque extras, and those flashes from starting a film camera with the aperture open; basically every 90s cliche crammed together. It’s a shame that now the video looks hilariously dated, since the song is a journey through Hetfield’s early experiences with his mother’s death and the impact it had on his life, including his inability to form lasting relationships. It’s one of the most un-Metallica sounding songs on the album, and an odd choice to re-introduce the band to the world, but maybe the best way to learn to swim is to jump into the deep end first. Metallica were never this tuneful, using fairly standard alternative rock dynamics to deliver lyrics of such self-hatred that it puts many of the misery purveyors of the time to shame.

While eagle-eyed fans may have noticed the album contains a sequel to the Black Album’s “The Unforgiven”, they may have gotten just as much a sense of deja vu from “King Nothing”, a bald-faced rewrite of “Enter Sandman”, right down to the way the pre-chorus modulates up one step. That’s not a knock on it; many bands have based entire careers on writing the same song over and over again, and “Enter Sandman” is as good a song as any to self-plagiarize. “King Nothing” would have been an obvious choice for a lead single, and probably would have changed the entire way the album was received, but this is a band that loves shooting itself in the foot: witness the dry, brittle production of ...And Justice for All that came before, or the tin can drum sound and weak songwriting of St Anger that came after.

The next track, “Hero of the Day”, is not just the best song Metallica has ever written, but one of the best rock songs of the 90s. It may start off with a folky sounding clean guitar riff, but it builds as the song goes on, until busting out the double bass pedals and palm-muted riffs the band used to deploy in every song. It’s mostly in a major key, a big departure for a band that used to use the flat fifth tritone in nearly every song, creating havoc for lead guitarist Kirk Hammett when he tried to figure out how to solo over it.

It’s probably the quarantine’s pressure on my brittle psyche, but a line like “The window burns to light the way back home/A light that warms, no matter where they've gone” hits me in the gut. Using light as a metaphor for hope is some English 101 shit, but it’s explored in ways that elevate it way above their metal peers, with lines like “still the window burns” and “keepers of the flame” illustrating the idea of persevering through even the toughest circumstances.

With current world events pressing down on everyone, and no end in sight, the line “Now, deservingly, this easy chair/But the rocking stopped by wheels of despair” came outta nowhere and floored me. “Wheels of despair” sounds like it could have been on Joy Division’s Closer (indeed, late-period track “Ceremony” did include the line “Notice whom for wheels are turning”), and in 1996 there was little precedent for a mainstream metal band to have genuinely good lyrics that weren’t either a rewrite of a classic book or that read like a paragraph in a philosophy textbook.

The back half of Load is mostly generic rock that trades the front half’s surprisingly eloquent lyrics for boneheaded declarations and even more boneheaded riffs. The album comes back into focus with the closer “The Outlaw Torn”, a rare song on the album that benefits from it’s nearly ten-minute runtime. The original version was even longer, but a section at the end was cut to fit it on a single CD; the full version appears on the “Memory Remains” single the following year. Personally, “Cure” and “Wasting My Hate” could have been cut with no drop in quality for the album, but Metallica does what Metallica wants, even to their own detriment.

The midtempo, bass-heavy groove of “The Outlaw Torn” gives the song a ton of space, something Metallica were never known for. Prior to the album’s release, Kirk Hammett mentioned Godflesh as an influence on Load, and indeed cover artist Andres Serrano also did covers and a music video for the UK based metal band. While “The Outlaw Torn” doesn’t come anywhere near the grinding, torture slab bass of G.C. Green, it does act as a great framework for the guitars to circle around. The songwriting shows the band was, at times, capable of listening to what each other was playing, complementing each other instead of pounding away at the same riff. The song ebbs and flows over the extended run time, but never feels like it’s running in place, which is about as organic as you’re gonna get from a band that usually arranges songs with mathematical precision. It’s heavy, it’s quiet, it even allows for a little bit of a jam session near the end.

Lyrically it also makes the best use of space, with a few choice phrases describing a feeling of longing and despair, while remaining vague enough for the listener to fill in the blanks. Part of me wonders if the quality of this last track was lost on the listeners who gave up 40 minutes into the album, but it’s worth the effort to track down. The song also serves as another curveball for Metallica fans accustomed to the predictable tracklist of previous albums: every album since 1986’s Master of Puppets has concluded with a really fast thrashy track, like a little treat for the old school listeners. Ending with a sprawling, slow, heavy epic is a bit more in keeping with the usual flow of albums in general, and served as yet another sign the Metallica of tight jeans and white sneakers was left in the past.


Vinyl Problems 1


Die-cut, hologram, and foil covers sound like the biggest rip-off in the comic book industry. Not that I should be surprised, after all it's an industry designed to separate children from what little money they have. This sales strategy managed to scale up considerably, and now those former children are now adults with (presumably) money and responsibilities, so why not make them buy the same issue of a comic three times? Not only that, but offer the product in odd and hard-to-file-away shapes and sizes? We buy them because we love them, not just because it scratches that collector nerd itch that started back when X-Men was good.

Comic book collectors eventually grow up (at least in a biological sense) and the allure of collecting music, and the drugs/vague intimations of sex associated with it, becomes too much to handle for the person with more money than sense. DIY punk and hardcore have, for years now, been pushing the envelope of what’s possible with pressing petroleum products into bizarre shapes and sizes, and the nascent nerd is in veritable Hog Heaven when it comes to options to spend their hard-earned money on. Here’s some that piqued my interest:

Note: Picture discs are their own level of Vinyl Collector Crazy and may be covered at a later date. For now I’m focusing on records either oddly shaped, or that come in odd packaging.

The Swarm aka Knee Deep in the Dead - Ol Blue Eyes is Dead 7”

There's a ton of overlap between vinyl and comic book collectors (mostly smelly, mostly male) and the punk & hardcore scene has taken a cue from the superhero industry: Variants! All told, there are at least four separate pressings of short-lived Canadian hardcore band The Swarm's 2nd release, Ol Blue Eyes is Dead. Their label, No Idea, currently offers FOUR different vinyl colors, and if you order a green one, you can ask for it without a center label, which is... cool? I guess? The songs are fine, though I’m troubled by the picture of the guitarist playing a semi-hollowbody guitar in the liner notes. It’s not like specific guitars are meant for certain genres, but… ok yes they are. You can’t play a semi-hollowbody guitar in a grindcore band just like you can’t play a nylon string guitar in a death metal band (some have tried, to varying degrees of failure). The record comes in a die-cut sleeve that, in theory, should be easy to slip the record back in, but Icarus may have flown too close to the sun for this packaging. To be honest, I've listened to this record maybe 3 times in my life, and each time getting the whole shebang back in the sleeve is a task worthy of Hercules.

Love Life - Be Kind to Me/Hex it Out 7”

Different colored vinyl pressings makes for more work for the press operators, but nothing quite grinds their teeth like oddly-shaped vinyl. 31g, record label owned by vinyl-loving Locust member Justin Pierson (more on him later), pressed this spooky 7” on heart-shaped vinyl, more than a decade before Lana del Rey put out a heart-shaped vinyl single direct to Urban Outfitters locations. If you want a slab of early 00s goth soul, pick it up on the 31g website, for $5 it’s about $400 less than Lizzy Grant’s lil retail tie-in.

Locust/Arab on Radar split 7”

In hindsight it’s obvious that a split from 2 bands known for singing about bodily functions would release a split 7” shaped like a puddle of bodily fluid, but in person it’s even grosser than you can imagine. Neil Burke’s artwork may do a lot of the dry-heave heavy lifting, but seeing that green (or yellow, of course) vinyl spinning on a turntable is bound to bring up memories of past food poisoning. Leave it to Justin Pierson to release something that, while completely unmarketable, succeeds in letting the casual record buyer exactly what it’s inside the package.

The Locust - Flight of the Wounded Locust 7”

Another entry from the world of Justin Pearson, not only was this the Locust’s first foray into songs longer than a minute, the collector’s version came in a package of four vinyl records that fit together like a puzzle. The end result was nothing spectacular, though it must have been difficult getting the dies cut just right so the pieces of plastic (prone to warping, shrinking, and expanding) fit together in at least a semi-satisfying way.

Acrid/Left for Dead - Hacked to Pieces split 12”

Most bands in the extreme end of metal and punk share the common idea of releasing a record shaped like a circular saw. It makes sense, right? Both are circles, and saws are metal as hell. Few go through with it, but No Idea (remember them?!) managed to not only pull it off, they did it in such colorful variants as Urine, Baby Blue, and uh.. Grayish-Purple. Listen, it’s shaped like saw, just buy it you nerd.

Less Than Jake - Cheese 7”

Pez is an early gateway for the budding collector kid, coming in every shape and color imaginable (or license-able), so it’s no surprise that Florida’s premier Pez-obsessed ska-punk band would dive headfirst into the collectable vinyl world. The die-cut Cheese 7” isn’t even their first foray into packaging gimmicks: 1995s Rock-N-Roll Pizzeria came in a 7”-sized pizza box with custom printing. Cheese stands out as the only vinyl record I’ve ever seen with more holes than the center spindle, but by 1998 the band had major label money, and drummer Vinnie Fiorello’s label Fueled by Ramen was gaining steam as it was becoming a near-ubiquitous pop punk mainstay.

Les Savy Fav - 7” series (collected on CD as Inches)

While not the cash-grab of gimmicky vinyl, the NYC post-punk weirdos did manage to create a secret, satisfying conclusion to their (nearly) yearly 7” releases: Assemble all 9 in a 3x3 pattern, and you get one giant cover! Naturally the Voltron cover was used for the CD compilation, but spacing out a gag over six years, on different labels and different levels of success, takes some dedication.


Friday, January 26, 2018

Mark E. Smith, 1957–2017

Mark E. Smith, vocalist for long-running punk band The Fall, passed away Wednesday after a brief illness. A lifelong Manchester resident, Smith formed The Fall after seeing The Sex Pistols in concert at Manchester Free Trade Hall, whose audience would also go on to form Simply Red, The Buzzcocks, Joy Division, and later, New Order. For the next 40 years Smith would lead a constantly revolving lineup of musicians, fusing the avant garde with rock  & roll, and his unique, acerbic, surreal wordplay. The Fall never had much mainstream popularity, instead garnering a small but loyal cult following. The late broadcaster John Peel considered them his favorite band, and featured their music on his radio shows frequently, influencing generations of future musicians who found something profound, and even beautiful, in the sounds they made. Mark E. Smith was sixty years old.

Saturday, July 16, 2016

The Obvious Metamorphosis of Chuck Close

Wils S. Hylton wrote a long read for the New York Times about the artist Chuck Close. Like most New York Times pieces, it's well-researched, engaging, and utterly pretentious ignorant garbage in equal measures.

The short version is: After years of perfecting his now-classic grid technique for portraiture, the wheelchair-bound 76 year old Close divorced his wife of 43 years and now spends his time in Miami Beach and Long Island, areas seemingly held in low esteem to the art scene in New York City. His portrait style has transformed from photo-realism, to his grid technique, and has now entered a new realm of flat, garish colors, which seems to send the writer into fits of confusion and rage at the very thought of his favorite artist changing his style.

However, we should begin with Hylton's complete misunderstanding of what happens when people get old:

Then he paused again, and a look of confusion came over him.

“Why am I talking about this?” he asked.

“You were talking about the therapeutic role of process,” I said.

“Right,” he said, and resumed the story. But a minute later, he lost his train of thought once more. Then another few minutes passed, and it happened again.

After half a dozen of these, I suggested we take a break.

The writer sees these lapses in thought as bizarre and out of character, however anyone with aging parents knows that this is, sadly, completely normal, especially someone with as many life-long medical issues as Chuck Close. Trying to find some insight into this forgetfulness in regards to his art is, at best, ignorant, and at worst like a chin-stroking college freshman trying to divine some insight into humanity from a midnight view of Titicutt Follies.

I am not saying there is no room for discriminating taste and judgment, just that there is also, I think, this other portal through which to experience creative work and to access a different kind of beauty, which might be called communion.

Personally I hate it when writers start throwing out terms like "communion" and "sacrament" in regards to art. Religion and art are in turns forever overlapping and separate realms, and using terms from one to describe the other has always struck me as a lazy shortcut to sounding insightful.

The writer takes issue with Close's changing art style, which seems odd because he defends Close's earlier transformation from photo-realism to grid painting.

...an incomplete portrait of the artist Cindy Sherman — eight feet high and wrought in a palette that dissolved from creamy greens and grays into a riot of hot pink at the bottom. At the time, I thought little of this shift on the canvas, or what it might portend. The intrusion of pink at the lower edge was unlike anything I’d seen him paint before. It seemed lurid and garish, not at all to my taste, but it was, after all, an incomplete work, and he was Chuck Close.

The above quote closes with the admission that Close's artistic evolution is a continuing process, yet it doesn't seem to be a good thing when the evolution is into a place the writer's tastes don't overlap.

So when I entered his studio on a sweltering afternoon last summer and discovered, mounted upon the easel, a looming self-­portrait in glaring neon, utterly devoid of depth or detail, as if he had taken the pink bottom of that Cindy Sherman portrait from a few years earlier and, rather than complete the painting, embraced its crude quality as a new technique, I couldn’t help wondering what Close, after 50 years of struggling to capture the human face and human identity, was trying now, at the end of his life, to reveal about his own.

From a simple technical perspective, Close has simply been changing what he fills in each square on the grid with. His earliest grid paintings had an abstract, liquid, organic quality to the paint work when you were close to the work, but as you backed up they coalesced into a portrait that used your brain to fill in the gaps that the abstract technique left behind. Now that he is filling each square with a simple flat color, the writer is aghast. Suddenly the efforts at defending his grid paintings fall away when the style isn't suited to the writer's interests, and he retreats to psychobabble in an attempt to discover why his favorite artist no longer makes pieces he likes.

Later the author goes into cringe-inducing detail of Close's love life, a bizarre tangent that reveals nothing other than some titillating details of an older man's love of younger women. Anyone who's spent time with the type of aging established heterosexual male artist knows they are rarely without a courtier of indistinguishable young women.

The article runs out the word count with gossipy facts viewed through the supposedly legitimizing lens of using meta-commentary to ruminate over the same gossip. Should the writer say these things (oh look he said them), what would the artist think (oh look he told him). There's an entire paragraph that simply cut-and-pastes details of Close's childhood that were described earlier, trying to divine some new insight through boring repetition.

The author has the provincial nearsighted insight to his fellow people as anyone who spends the majority of their time in and writing about New York City. The article reads like the physical manifestation of everyone who ever saw the famous New Yorker cover by Saul Steinberg and failed to see the criticism leveled at them. The novelist flourishes, the references to dog-eared copies of ancient philosophy books read at sidewalk cafes, all of it points to a view of humanity spent picking it apart in a laboratory instead of experiencing it.

The article ends with the writer seeing an unfinished Close painting as an accusation at himself, because what would any highbrow writing in 2016 be without ending on complete solipsism?

The sprawling white emptiness suddenly felt overwhelming, the horizontal streaks of pink and blue insufficient, and I stood there for a moment, wondering where he would take it, whether he would ever complete the painting, or if, as in his deepest fears, he had already finished his final work.

It seems toxic to write as if you're concerned with an elderly man's twilight years when you're really just writing about your own failures and doubts as a writer, like some low-rent Charlie Kaufman, forever naval gazing. Not once does the writer see the correlation between the new Close style and the pixellation of digital images, especially since most of his life is probably spent staring at screens. That seems like more fertile pasture for the writer to till, what with his own earlier (admittedly well thought out) insight into Close's photo-realistic portraits in the '60s and how they were not well regarded in an art work more interested in concepts than finished pieces.

My favorite part is Close's adherence to craft as its own reward, lambasting the high rents in NYC that force artists to draw up plans for their art without having  the room to build it. The man likes to paint, and now he's painting in a slightly different way. Is that enough to give a tweed jacket New York writer a sudden crisis of self-identity? It's just paint on canvas, and as any artist gets older they tend to break down their creations to their elemental parts. Chuck Close puts colors on rectangular canvas. Musicians write instructions for creating sound waves. Perhaps it's better to let the art wash over you than tie your very identity to it. That never ends well.

Tuesday, May 31, 2016

Thoughts on Car Seat Headrest

Recently, Matador Records as forced to destroy about 10,000 copies of their artist Car Seat Headrest's new album Teens of Denial due to a clearance issue with Rock Ocasek of the Cars in the track “Just What I Needed / Not Just What I Needed”. The Cars song was not sampled, but prominent parts of its composition were used, thus making this an issue of mechanical royalties, not performance.

Warning: Discussing legal issues involves a lot of repetition in order to make sure the concepts are being explained enough.

My experience with copyright law is limited to the written word, but a sad byproduct of US Copyright Law is that it's intentionally vague enough that I can provide some insight into the issue at hand. Everything comes down to a case-by-case basis, and while there are criteria for a judge to consider, in the end it comes down to the opinion of the courts and any precedent the parties can present in court. The last time US Copyright Law was overhauled was the late 1970s, and any amendments since then to include the effect of the internet have been intentionally vague to reflect lawmaker's understanding that the use of materials on digital media is constantly changing. 

I would split the blame 60-40 in this case, with Ocasek's publisher Universal Music Publishing Group (UMPG) holding the majority of the blame here. UMPG's system should have kicked back that Ocasek reserves the right to personally approve or deny any requests to use his music. The fact that Ocasek has veto power from his publisher is the result of his signing with UMPG in 2007, decades after the Car's hits and long enough to cement his place in popular culture and give him the leverage to request this kind of power. Generally, the publishing company holds nearly all the power, since publishing deals are worked out early in an artist's career when an advance from the publisher can mean the difference between starving or not. Considering the Car's songs ubiquitous placement in TV shows, movies, and regular rotation on classic rock radio, UMPG was confident that they would make enough money from licensing to justify giving Ocasek personal control over where his music would be used.

As a similar example, in 2011 Louis CK wanted to use the Who's classic "Who Are You" in an episode of his show Louie. According to Pete Townsend's publishing deal, regardless of whether Townsend or the publisher was contact for approval to use his music, the other side would automatically agree to however much was being charged. Louis CK was told to ask Townsend personally, because he was known to charge less for the use of his music than what the publisher would charge if they were approached first. After sending Townsend copies of previous episodes, CK was granted the use for a much lower sum than he would have been charged had he gone through the publisher.

The episode, "Country Drive", aired in 2011, around the time Who primary songwriter Pete Townsend was in the midst of selling his publishing rights to Spirit Music Group for up to $100 million, but it is realistic that his previous publisher would have granted him this same power. However, unlike Ocasek, Townsend's deal with Spirit does not grant him personal veto power. 

The 40% blame on Matador is tied to the fact that Car Seat Headrest's use of "Just What I Needed" skirts the line between homage and cover, with no clear dividing line. Several of the very memorable parts of the Cars song are used in his composition “Just What I Needed / Not Just What I Needed”, woven in with original elements. A very similar example is "John Allyn Smith Sails" by Okkervil River, which interpolates the old folk song "Sloop John B." to describe the suicide of poet John Berryman. The big difference here is that "Sloop John B.," as a traditional folk song with no one author, does not have a copyright. 

Consequence of Sound has a very good article about "John Allyn Smith Sails" that you should check out.

Fair Use, which you probably see slapped on the description of numerous YouTube videos in an attempt to skirt takedown notices, is not a state of being in copyright law, but a defense. If you are sent a letter from a copyright owner saying you violated the terms of their copyright, you can say it was Fair Use, but not before. Fair Use came about because of the number of cases involving copyright violations due to the ease of copying and distributing materials on the internet. Did I mention the US Copyright Law hasn't had an overhaul since the late 1970s? As with most aspects of US law, it doesn't matter what you do until you get caught. 

In the end it doesn't matter whether it's Fair Use or not, because Matador has acquiesced to the demands of UMPG and are removing the offending song without getting the courts involved. This is how nearly all copyright disputes are resolved: the owner of the work contacts whoever they think is using it in an illegal manner, and it gets taken down. This is due to several high-profile precedents in the 1990s involving companies photocopying peer-reviewed articles for employee use & email forwarding stock tip newsletters which resulted in six-figure settlements with copyright holders. 

Let's just say Matador dug in their heels and took this to court. The four criteria to determine whether something has been use in accordance to the Fair Use defense are:
  • the purpose and character of your use.
    • Courts have generally cited this first criteria as one of the most important (though from a legal standpoint, all four criteria must be weighed equally). Did Car Seat Headrest transformed the material in any meaningful way, adding new insights and aesthetics to the original work? I would say that while the new composition is somewhat trans formative, it is not trans formative enough to qualify as fair use; rather, it hews closer to a cover song than an original song. The new song starts out sounding like a cover song, pulling a bait-and-switch on the audience's expectation of what they are about to hear, thus employing a copyrighted work that, temporally, covers the song before transforming it. 
  • the nature of the copyrighted work.
    • "Just What I Needed" is a published composition that has enjoyed wide popularity from its initial release in 1978 to the present day.  
  • the amount and substantiality of the portion taken
    • Car Seat Headrest uses the palm-muted 8th note E chord from the intro of "Just What I Needed," setting the stage for the listener to expect a straightforward cover, when instead the song goes into an original direction. Later, the lyrics are very similar, but slightly different, from the first verse of the Cars song. 
  • the effect of the use upon the potential market
    • Car Seat Headrest is a band who, despite many self-released albums and critical adulation, is relatively unknown to the US listening audience. Their new label, Matador, is one of the larger "indie" labels, though its distribution has, in the past, been bankrolled by a major label, i.e. a company whose stock is traded on the US stock market. The cultural impact of The Cars dwarfs even hyperbolic estimates of Car Seat Headrest's popularity, and this new composition is unlikely to cause UMPG to lose any money. 
In terms of a utopian ideal of copyright law, I would say Car Seat Headrest could not claim Fair Use. The new composition is too close to the most prominent parts of "Just What I Needed", and for the purpose of conforming to the law, it should be considered a cover song, despite Will Toldeo's additions to the song. There is no legal number associated with the percentage of another composition can be used in a new one before Fair Use is no longer a valid argument. When a late night talk show utilizes a popular song or a clip of another song, and the host says they can only use 30 seconds of it, that is not due to a law on the books, but its the limit that most entertainment lawyers agree is the most you can show and still successfully argue Fair Use.

Matador could claim that they acted in good faith in requesting a license to use the song on the Car Seat Headrest album, and the blame for Ocasek not having the opportunity to veto the licencing before the records are pressed should fall on UMPG.

BUT WAIT!

Matador should have waited until it had the full approval from the publisher before pressing the records. The thing is, pressing records and setting up promotion for a new album takes time, but getting approval for a music license takes even longer. This is a matter of UMPG saying "okay we will approve this eventually" and Matador taking that as a good sign that they could go forward with manufacturing with the understanding that they would get official notice before the album's release date. Matador had started the ball rolling, and had enough faith in UMPG to fill their paperwork requirements to start manufacturing before official approval was given. Matador probably also has enough clout at their pressing plant that the plant will manufacture their records before official approval.

This example toes the line between homage, cover song, and transformative work, thus making it difficult to come to a verdict beyond a reasonable doubt. Matador were smart to destroy their stock, despite being unable to write it down as an expense, because UMPG can afford much better lawyers than Matador ever could. Eventually that's what it comes down to: how good of a lawyer can you afford?

Thursday, December 11, 2014

Best of 2014 that wasn't released in 2014

Most Listened To Song On My iPod

Sky Ferreira "Everything is Embarassing"

This track is like a warm fuzzy blanket. Its not amazing but it gets 1 vibe right and stick with it throughout the entire song. The arena rock production on the snare sample was off-putting at first, but it turns out to be the only part of the song that dares reach the upper frequencies. Every single goddamn thing in it was squeezed through a low pass filter, and the result is a murky haze that sounds "80s", whatever people think the 80s sounded like (it was mostly tin can drums, harsh digital mixing, and producers trying to use equipment they didn't know how to).

Most Listened To Discography

Kid606

Dude's been doing this ultra-melodic synthesizer thing for a while, dropping the drum n bass but keeping the smartass song titles. Since I listen to music at work, it's gotta be fairly ambient stuff, and his last handful of records hit that sweet spot between disruptive and audio wallpaper.

Most Listened To Double Album Of Ambient Techno

The Orb's Adventures Beyond the Ultraworld

After years of hemming and hawing (and hoping the deluxe edition would get a domestic release), I finally laid down my money for... a Columbia House copy. Amazon sent me the liner note-less, minimal packaging, cheaper-to-ship record club copy they must have had in the basement next to unsold Chris Gaines CDs.

Most Listened To Punk/Metal Album

Coalesce Give Them Rope

A couple years back the band had their whole discography up for super cheap (the singer owns Blue Collar Distro) and I snatched it up. They, along with the Dillinger Escape Plan & Converge, informed what little I knew about technical complicated metal back in high school. I'd say Coalesce is more of a hardcore band, at least in production and attitude, but those grinding riffs are just complicated enough to give them that dragged-across-broken-glass feeling.

Most Listened To In The Car

Propagandhi "Cognitive Suicide"

I slept on Failed States really bad. High school was all about Less Talk More Rock and How To Clean Everything, but after Today's Empires I kept buying them and rarely listening to them for more than a week. This song magically popped up on iTunes and listen: the bassist who used to bark can kind of sing now. The intro riff starts out simple enough then enters this seasick off-time place before snapping back into place. The lyrics are a lot of "you" and "they", but nobody said railing against the man was easy.

Most Sung Along To Song

Shearwater "This Year"

Yes its from their covers album (which is about 90% good) and yes its that Mountain Goats song that I'm sure people hate but they don't want to tell anyone. But get a guy who can really sing it, and it opens up all new dimensions to the song. Nobody will ever hear my bellowing, vibrato-laden attempt at singing along, because I only do it in the car alone, but trust that it's intense.

Most Involuntarily Listened To Song This Year

Jeremih ft YG "Don't Tell 'Em"

The car stereo is on a hip hop station when I don't have my iPod, and I swear to God this song was played at least once an hour. "Latch" may actually take this top spot, but I always changed the station when it came on. I hated this one at first too, but it grew on me, along with the ubiquitous DJ Mustard all over it (and the rest of radio).

Most Listened To Tape With A Picture Of A Sex Act On The Front That Took Me Months To Notice

Cex Manumit Me

This was on top of my stereo for a long time, facing me when I was on the computer, before I saw it and yup, there it is. Oh shit this came out this year? Whoops.