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Indian E-music – The right mix of Indian Vibes… » News Feed


Comment Dates Set on Proposed Rule Changes for Reviewing New Noncommercial and LPFM Applications

Delivered... David Oxenford | Scene | Tue 19 Mar 2019 3:58 pm

As we wrote here, the FCC recently adopted a Notice of Proposed Rulemaking to consider changes to its rules dealing with applications for new noncommercial educational stations and LPFM stations. The FCC plans to publish that Notice of Proposed Rulemaking in the Federal Register tomorrow, making comments due May 19, 2019, with replies due on June 18 assuming publication takes place as planned. The changes proposed are set out in our article summarizing the FCC’s NPRM when the draft was first released.   They would affect everything from requirements for the governing documents of applicants for new stations to holding periods for new stations to the length of LPFM construction permits. If you are interested in applying for a new noncommercial station at some point in the future, or in the rules that govern those that do apply, watch this proceeding very carefully.

Comment Dates Set on Proposed Rule Changes for Reviewing New Noncommercial and LPFM Applications

Delivered... David Oxenford | Scene | Tue 19 Mar 2019 3:58 pm

As we wrote here, the FCC recently adopted a Notice of Proposed Rulemaking to consider changes to its rules dealing with applications for new noncommercial educational stations and LPFM stations. The FCC plans to publish that Notice of Proposed Rulemaking in the Federal Register tomorrow, making comments due May 19, 2019, with replies due on June 18 assuming publication takes place as planned. The changes proposed are set out in our article summarizing the FCC’s NPRM when the draft was first released.   They would affect everything from requirements for the governing documents of applicants for new stations to holding periods for new stations to the length of LPFM construction permits. If you are interested in applying for a new noncommercial station at some point in the future, or in the rules that govern those that do apply, watch this proceeding very carefully.

Carter the Unstoppable Sex Machine: how we made Sheriff Fatman

Delivered... Interviews by George Bass | Scene | Tue 19 Mar 2019 7:00 am

‘We used my flat’s rank toilet on the record sleeve with my guitar shoved into it – though I put a plastic bag over it first’

I had read about a dodgy landlord in the South London Press. The drug-dealing, the “phoney prescriptions”, the awful living conditions for his tenants: it was all in the newspaper, even his physical stature. All I had to do was change his name – and I’d turned an awful story into poetry and pop music.

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Years of MySpace music deleted; Internet weeps

Delivered... Peter Kirn | Scene | Mon 18 Mar 2019 9:53 pm

It’s not so much that anyone expected MySpace to be alive at this point, let alone a safe place for music uploads. The demise of years of MySpace music is more like a sad reminder of the direction of the Internet.

First, there’s actually a few events in the timeline of how so much music disappeared from the service in the first place.

Remember that about ten years ago it had only just been surpassed by Facebook. Since then, relative traffic, revenue, and headcount have plunged dramatically. The 2016 acquisition by Time Inc. was of a far weaker company, but even then ad revenue was seen as its value. Part of what Apple, Spotify, Facebook, and Google-owned YouTube have done, arguably, is weaken the overall market for ad revenue and premium services in music. That’s why it’s still worth watching SoundCloud’s creator-driven strategy, in contrast to the rest of the industry.

In the midst of the business meltdown, the circumstances of MySpace’s “loss” of years of much are highly suspicious.

Users on reddit have been the ones to chronicle what was going on at each step. Keep in mind, here they’re referring to their own user-uploaded content.

About one year ago, reddit users reported being unable to access a lot of previously available music, and got this cryptic response from MySpace:

There is an issue with all songs/videos uploaded over 3 years ago. We are aware of the issue and I have been informed the issue will be fixed, however, there is no exact time frame for when this will be completed. Until this is resolved the option to download is not available. I apologize for the inconvenience this may be causing.

Also from March of last year:

We’re in the process of doing a huge maintenance project for videos and songs. Due to this maintenance, you may notice some issues playing songs or videos. During this process, there may be possible downtime. We are actively working to ensure there is little to no issues with your listening experience. Please bear with us.

You may also notice missing artwork during this transition. We’re diligently working to get this resolved asap.

Please also note, all FLV videos can no longer be played due to an update to the player. We updated our player to HTML5. Unfortunately, we do not offer a way to play or download these videos.

Eight months ago, the player displayed this notice:

As a result of a server migration project, any photos, videos, and audio files you uploaded more than three years ago may no longer be available on or from Myspace. We apologize for the inconvenience and suggest that you retain your back up copies. If you would like more information, please contact our Data Protection Officer, Dr. Jana Jentzsch at DPO@myspace.com.

The timeline of news around the issue this week is actually incorrect, because it appears that all of this happened about a year ago. Seven months ago was when one redditer got a notice from the company saying files had been deleted. Yet only this week it seems mainstream sites (including this one, erm, okay mainstream sites plus this one) took notice.

You’ll notice what happened there. Files disappeared without notice, then messages suggested that they might be somehow part of a migration, then suddenly they were “corrupted.”

By the way, Dr. Jentzsch apparently a third-party legal counsel in Germany, not MySpace management.

This paints a clear picture. It’s highly unlikely that this was an engineering error so much as the company poorly managing messaging about dropping old content entirely. That was the theory put forward on Twitter by Andy Vaio, veteran of Kickstarter, waxy, upcoming.org, and others:

Uh, yeah:

In fact, the language used (“corrupted,” “server migration”) also appears not to be written by an engineer – in that an engineer would be more specific.

BBC and I are at least seven or eight months, maybe one year late on this, but yes, it’s on BBC:

MySpace admits losing 12 years’ worth of music uploads

But, okay, this part is obvious.

Equally obvious: you shouldn’t count on services to be the only copy of your stuff. These services generally have no obligation to keep things accessible.

Also equally obvious: a lot of us know that and do it anyway.

Obvious follow-up: we should go right now to places with our music, download it, and put it multiple places that are safe – both physically and online.

No, like right now.

And we should be particularly mistrusting of big services this month, in which both Gmail and Facebook suffered major, multi=hours outages for which their enormously wealth corporate owners provided absolutely no explanation.

There’s a broader issue, though, beyond our own stuff. We need to begin to properly archive online content, and imagine how it will be more widely available – what we assumed the Internet would do in the first place. And there, folks like Jason Scott of the Internet Archive have been working on just that.

Charmingly, he’s even archiving skins for Winamp:

But I think we need a complete reboot of what we’re doing with the Internet for music. I’ll be writing about that in coming weeks and trying to get your input (readers) and the input of other people involved in projects from the past, present, and future.

The situation right now is bleak – and the fact that people really were still looking to MySpace for their music demonstrates how bleak. Music uploaded to the “old Internet” may quickly be lost forever. Music now disappears into a black box of distribution services. Some of those distributors will actually remove music from streaming and download sites if the creators or publishers don’t pay up on a regular basis. And once on these sites, many artists will never see any amount of real, measurable income – whatever Spotify and Apple may be quarreling about currently.

In fact, I’d go as far as arguing that the focus on whether music makers get paid for their work ignores the fact that a lot of music makers feel they aren’t heard at all.

Which brings us back to MySpace. The early days of the Internet were full of music – even illegal music. It was the age of the netlabel. And then MySpace was the dominant social network from 2004 to 2010 – meaning that social media was dominated by music.

Obviously, that’s not the case now. Now we have “influencers” and selfies and literally Neo-Nazis and hate speech and fake news and almost everything but music.

If people are suddenly lamenting the loss of years-old data on MySpace, it could be because music online hasn’t grown as we hoped it would.

There’s still time to change that. We’re not getting any younger – and neither is the Web. So that time is now.

The post Years of MySpace music deleted; Internet weeps appeared first on CDM Create Digital Music.

Here are some of the weirdest musical instrument ideas from NAMM

Delivered... Peter Kirn | Scene | Mon 18 Mar 2019 5:16 pm

Trade shows can be a strenuous onslaught of noise, cost, and crowds – but then it’s often the weirdest stuff that makes it worth it. And no one finds strange quite like Barry Wood and his annual NAMM Oddities.

Barry impressively tracks every kind of freakish appearance at the enormous US music instruments show, and it’s worth digging through his whole NAMM Oddities guide category by category ($1.2 million-dollar guitar straps and all). I’ve taken the liberty of picking some of my favorites from this year’s haul. Some of it is genuinely useful and cool – some will just make you shake your head and mumble, say wha?

One Synclavier knob. Built-to-order, $399 – half of which you owe as a deposit. This is evidently for people who are esoteric rich people, but with a fraction of the money of really rich crazy people. They … I don’t want to use the word “explain” as that would imply I understand who this is for, but they describe how this four hundred dollar knob is historically accurate:

The weight and feel of the knob are identical, as we have used the exact measurements and a balanced spring arrangement. The two-inch diameter knob is milled from a solid bar of instrument-grade aluminium (yes, we were doing this long before Apple). The interface software and hysteresis algorithm are taken from Synclavier II.

Full hammer action, in any quantity of keys. This is actually a great idea – Piano de Voyage is a hammer action keyboard broken into modules. Want just 2 octaves? Get just one module. (I always wondered why people want a full 88 keys in electronic contexts, actually.) Or if you do want as many as 8 octaves, you can break down the modules so they fit in a bag – unlike a usual full keyboard. No word on pricing or availability, but there’s a sign-up. https://pianodevoyage.com/

https://www.synclavier.com/product/synclavier-knob/

A food pedal that looks like it was prototyped in Play-Doh. Effigy Labs Control pedal is what it’s called, and the makers promise unique expression in a foot controller. (This was evidently a big hit at the show, too!)

https://effigylabs.com/effigy-home-page

Color sensing rings. Sphero Specdrums are wireless, optical, color sensing rings. (The idea of having musical rings just keeps coming.)

Giant panda piano. The piano section at NAMM and Germany’s Musikmesse always has something unusual, but this Seiler upright – out there. And if you figured something weird and panda-related came out of Asia, you’d be wrong – Seiler started in Germany, is now a US brand, and recently was bought by Nashville’s Samick Music Corporation.

A light-up uke. Solo Music‘s Lighted Ukulele should qualify as this year’s strangest use of RGB LEDs (though I know given what controllers look like these days, we can’t really make fun of ukelele players).

Brass knuckle mic accessory. Signs you may want to talk to your booking agent about the quality of your venues. Someone at Metaldozer had ideas about what to do with the metalworking.

And basically everything from Game Changer Audio. Need a sound source that’s got spinning discs with optical sensors and electromagnetic pickups? Or 3000 volts of plasma for distortion? Game Changer is all over new ideas; we’ll have reviews of their stuff soon.

https://www.gamechangeraudio.com/

Sonic State takes a look:

— and Gearnews.com did a nice writeup.

Plenty more where these came from – do check them out:

https://otheroom.com/namm/

And you’ll get loads more bizarre finds on Barry’s Facebook page, like… whatever this is:

The post Here are some of the weirdest musical instrument ideas from NAMM appeared first on CDM Create Digital Music.

FCC Issues Reminder on Upcoming License Renewal Cycle: Begins with Radio in Maryland, Virginia, West Virginia, and the District of Columbia in June and Pre-Filing Public Notices on April 1

Delivered... David Oxenford | Scene | Mon 18 Mar 2019 3:09 pm

The FCC on Friday issued a Public Notice reminding radio stations that the license renewal cycle begins in June, when all stations in Maryland, Virginia, West Virginia, and the District of Columbia are due to electronically file their license renewal applications, along with the Broadcast Equal Employment Opportunity Report on Form 396 (the 396 being required of all full-power stations, even those with fewer than 5 full-time employees). It is still unclear whether these applications will be filed using the current electronic database for radio (called CDBS), or whether the FCC will require radio stations to use the new electronic database that TV stations have been using for several years now (called LMS).

The renewal filing obligation applies to LPFMs and FM translator stations, as well as full-power stations. As we have written many times in recent months (for example here and here), after the June filing deadline for these Mid-Atlantic states, the renewal cycle moves south – with stations in the Carolinas filing by August 1. Every other month for the next 3 years, radio stations in other states will file their renewal applications. The order in which stations file is available on the FCC’s website, here. The TV renewal cycle starts one year later, beginning in June 2020.

The Public Notice reminds stations whose renewals are approaching that they must give public notice of the upcoming renewal filing on the 1st and 16th days of the two months preceding the renewal filing. We noted in our most recent post on upcoming regulatory dates that this pre-filing notice for stations in the Mid-Atlantic states with the June filing deadline must start running on April 1. The FCC’s Public Notice notes that the pre-filing notices should follow the format set out in the rules, even though that format is outdated, as it assumes a paper public file and a manned main studio, even though neither continue to be required by the FCC. Unfortunately, the FCC has not yet managed to update the public notice rule to take these changes into account.

The Public Notice also reminds stations of the importance of the online public file, and the documents that are required to be in that file. Last week, we wrote about an inquiry that came from the FCC addressed to many stations that either had not activated the file or which had incomplete online public files. This notice seems to confirm our concerns that the FCC will be reviewing the public file at license renewal time, and that stations that have not complied with the public file rules may be facing substantial penalties. As we wrote in the last license renewal cycle, stations that were missing Quarterly Issues Programs Lists for several quarters were receiving fines of $10,000 or more (see our articles here, here, here, here and here). This kind of penalty highlights the cost of noncompliance.

So the next license renewal is quickly becoming a reality for radio stations. Be ready to file when your turn comes, and keep up to date on new information from the FCC, including what database to use in order to file your renewal application. Finally, be sure that you are in compliance with the online public file rules and other compliance requirements to avoid big penalties during the renewal cycle.

Music, fashion and town planning: how nightclubs change the world

Delivered... Anna Codrea-Rado | Scene | Mon 18 Mar 2019 1:37 pm

From architecture to drug policy, nightlife quietly incubates ideas that then flourish in the mainstream. But, with brands moving in, club-cultural innovation is under threat

In the popular imagination, nightclubs are sweaty basements providing a soundtrack to drunken fumbles in the dark; an alien world with no connection or relevance to the more wholesome things that happen during the day. But the reality is that anyone with an Instagram account, a fashion magazine subscription or an interest in social activism is ultimately engaging with club culture. Nightlife is like an angel investor in pop culture, silently incubating grassroots movements and social moments, and since the first iterations of the disco, clubs have been a breeding ground for cultural experimentation.

To avoid disappointment get down early if you are buying a ticket or on the guestlist. Ideally before 12! Reminder that there is no pressure to dress up tonight!! Come as you feel

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Dis Fig On Finding Her Voice In Industrial Noise And The Importance Of Isolation

Delivered... chloe | Scene | Mon 18 Mar 2019 1:33 pm

The post Dis Fig On Finding Her Voice In Industrial Noise And The Importance Of Isolation appeared first on Telekom Electronic Beats.

Transfer of FCC EEO Branch from Media Bureau to Enforcement Bureau Now Effective

Delivered... David Oxenford | Scene | Sun 17 Mar 2019 2:56 pm

In July, we wrote about the FCC’s plan to transfer the responsibility for EEO enforcement from the Media Bureau, where it has resided, to the Enforcement Bureau which the FCC suggested would have more resources and experience to aggressively enforce the FCC’s EEO rules and policies.  That transfer was effective on Friday (see the FCC public notice here).  So expect future correspondence on EEO matters to come from the Enforcement Bureau, rather than the Media Bureau, though we expect that the people actually processing the day-to-day activities of the EEO Branch (like the recent EEO audit we wrote about here) to remain largely the same.  So, while there is a new cop in town, this shows that the FCC continues to take EEO enforcement seriously, as should you at your broadcast station.  See our article here on the basics of broadcasters EEO obligations, as updated here by the FCC’s changes in its requirements for the wide-dissemination of information about station job openings.

Stephen Malkmus: Groove Denied review – stark, forbidding soundscapes

Delivered... Phil Mongredien | Scene | Sun 17 Mar 2019 9:00 am

(Domino)

With a couple of honourable exceptions – specifically his self-titled 2001 solo debut and last year’s excellent Sparkle HardStephen Malkmus has too often during his post-Pavement career found himself bogged down in amorphous, sub-Grateful Dead jams. Indeed, Frank Black aside, it’s hard to think of a solo canon that’s been quite so consistently underwhelming.

Which makes this long-delayed adventure in electronica such a surprise. In fact, it’s such a radical departure that his record label initially refused to release it – hence the title. Largely written in Berlin and recorded alone at home in Oregon, its stark and forbidding soundscapes owe much to the early-80s synth movement, the likes of opener Belziger Faceplant far more concerned with texture than melody; the deadpan A Bit Wilder, meanwhile, could be a mechanically recovered New Order offcut, circa 1981. Curiously, this bold new direction isn’t sustained; the further into the album Malkmus gets, the more normal service resumes, as if he isn’t entirely convinced of his new direction. Forget Your Place’s loops and treated vocals recall the Beta Band at their wooziest; Come Get Me sounds like a flab-free demo version of one of his Jicks songs; Ocean of Revenge, for all its flirtation with drum machines, is an unashamedly lovely acoustic ballad. It doesn’t make for a particularly cohesive album, but perhaps that’s the point.

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The Cinematic Orchestra: To Believe review – heartbreakingly brilliant

Delivered... Damien Morris | Scene | Sun 17 Mar 2019 8:45 am

(Ninja Tune)

I’ve always found the Cinematic Orchestra too pretentious, too austere, a band whose ambitions outran their abilities. With this fourth album, 12 years after their last, that austerity is over. To Believe is heartbreakingly brilliant: a collection of exquisitely assembled songs that appear delicate from a distance before revealing a close-quarters core strength. Band leaders Jason Swinscoe and Dominic Smith have loosely arranged seven lightly jazzy tracks around the themes of belief and what it means to believe. Much as the pair attempt to make movies with their music, the best song has no dialogue: the meandering instrumental Lessons is a glorious balm, nine minutes of murmuring conversation between the players, dominated by Luke Flowers’ gently military drums. It has depth and meaning without context, the ideal soundtrack to a film that doesn’t exist. The sweeping grandeur of A Caged Bird/Imitations of Life is another cinematic collaboration with the always articulate and engaging Roots Manuva, a sort-of sequel to the epic All Things to All Men, and just as good. Every song here could easily be five or 10 minutes longer. A triumph.

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The BBC cutting Late Junction is a blow for experimental music

Delivered... Luke Turner | Scene | Fri 15 Mar 2019 5:22 pm

The Radio 3 show dropping from three nights a week to one deprives audiences of musical diversity and removes a vital lifeline for left-field musicians

At the end of February, hundreds of people packed into the artfully dilapidated surroundings of Earth, a former art deco cinema in east London, for the inaugural Late Junction festival. Over two sold-out nights, it showcased exactly the kind of programming that makes BBC Radio 3’s flagship experimental music show great: a stunning set by revived post-punk pioneers This Is Not This Heat; the fractured state-of-the-nation techno of Gazelle Twin; the first ever performance by doom-jazz troupe Pulled By Magnets; and a new project featuring singer Coby Sey and Under the Skin soundtrack composer Mica Levi.

Related: Thurston Moore, Holly Herndon and more on today's musical underground

Related: Lullabies for air conditioners: the corporate bliss of Japanese ambient

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March Madness: Nothing but Net for Trademark Infringement Claims

Delivered... Mitchell Stabbe | Scene | Fri 15 Mar 2019 3:21 pm

Alternate Title: March Madness Trademarks: It’s March Spring and You Do Not Want to Make the NCAA Mad Angry at You

As we have previously reported, the National Collegiate Athletic Association (NCAA) is very serious about taking action against anyone who may try to trade off the goodwill in its March Madness marks — even if the NCAA’s actual marks are not used. For example:

  • Readers may recall that the NCAA filed a trademark infringement action in 2017 against a company that ran online sports-themed promotions and sweepstakes under the marks “April Madness” and “Final 3.” The defendant stipulated to an order providing that it would cease using those marks at least until the end of the year, but the order did not provide for dismissal of the case. The defendant failed to file an answer to the complaint and the NCAA was granted a default judgment, after which it filed a motion requesting an award of attorneys’ fees against the defendant in the amount of $242,213.55. In May 2018, the Court awarded attorneys’ fees in the amount of $220,998.05.
  • The NCAA sued a car dealership that had registered and was using the mark “Markdown Madness” in advertising. (The case was settled.)
  • Even schools that are part of the NCAA are not immune from claims of infringement. Seven years after the Big Ten Conference started using the mark “March Is On!,” the NCAA opposed an application to have that mark federally registered. (Ultimately, the opposition was withdrawn, the mark was registered, but the registration was assigned to the NCAA.)

 

These actions illustrate the level of importance that the NCAA places on acting against the use of trademarks which seek to create an association with its annual Collegiate Basketball Tournament. Clearly, such activities continue to carry great risks. Accordingly, following is an updated version of our prior blog posts on this subject.

🏀        🏀        🏀

With the NCAA Basketball Tournament about to begin, broadcasters, publishers and other businesses need to be wary about potential claims arising from their use terms and logos associated with the tournament, including March Madness®, The Big Dance®, Final Four® or Elite Eight,® each of which is a federally registered trademark. March Mayhem® is also registered to the NCAA, which is currently seeking to register March to the Madness.

The NCAA Aggressively Defends Against Unauthorized Use of its Trademarks

The NCAA states that $844.3M of its annual revenues derives from the licensing of television and marketing rights in the Division I Men’s Basketball Tournament. Moreover, its returns from the tournament have historically grown each year. Most of this income comes from broadcast licensing fees. It also has a substantial amount of revenue from licensing March Madness® and its other marks for use by advertisers. As part of those licenses, the NCAA agrees to stop non-authorized parties from using any of the marks. Indeed, if the NCAA did not actively police the use of its marks by unauthorized companies, advertisers might not feel the need to get a license or, at least, to pay as much as they do for the license. Thus, the NCAA has a strong incentive to put on a full court press to prevent non-licensees from associating their goods and services with the NCAA tournament through unauthorized use of its trademarks.

Activities that May Result in a Whistle

The NCAA acknowledges that media entities can sell advertising that accompanies the entity’s coverage of the NCAA championships. Even so, as discussed in greater deal in our earlier discussions of the “Do’s and Don’ts” of Super Bowl– and Olympics-related promotions, unless authorized by the NCAA, any of the following activities may result in a cease and desist demand:

  • accepting advertising that refers to the NCAA, the NCAA Basketball Tournament, March Madness, The Big Dance, Final Four, Elite Eight or any other NCAA trademark or logo (The NCAA has posted a list of its trademarks here.)
    • Example: An ad from a retailer with the headline, “Buy A New Big Screen TV in Time to Watch March Madness.”
  • local programming that uses any NCAA trademark as part of its name
    • Example: A locally produced program previewing the tournament called “The Big Dance: Pick a Winning Bracket.”
  • selling the right to sponsor the overall coverage by a broadcaster, website or print publication of the tournament
    • Example: During the sports segment of the local news, introducing the section of the report on tournament developments as “March Madness, brought to you by [name of advertiser].”
  • sweepstakes or giveaways that include any NCAA trademark in its name
    • Example: “The Final Four Giveaway.”
  • sweepstakes or giveaways that offer tickets to a tournament game as a prize
    • Example: the sweepstakes name may not be a problem, but including game tickets as a prize will raise an objection by the NCAA.
  • events or parties that use any NCAA trademark to attract attendees
    • Example: a radio station sponsors a happy hour where fans can watch a tournament game and prominently places any of the NCAA marks on signage.
  • advertising that wishes or congratulates a team, or its coach or players, on success in the tournament
    • Example: “[Advertiser name] wishes [Name of Coach] and the 2018 [Name of Team] success in the NCAA tournament!”

There is one more common pitfall that is unique to the NCAA Basketball: tournament brackets used in office pools where participants predict the winners of each game in advance of the tournament. The NCAA’s position is that the unauthorized placement of advertising within an NCAA bracket or corporate sponsorship of a tournament bracket is misleading and constitutes an infringement of its intellectual property rights. Accordingly, it says that any advertising should be outside of the bracket space and should clearly indicate that the advertiser or its goods or services are not sponsored by, approved by or otherwise associated with the NCAA or its championship tournament.

Note that none of these restrictions prevents media companies from using any of the marks in providing customary news coverage of or commentary on the tournament. Just be sure that they are just used to identify the tournament and its stages, and don’t in any way imply that there is an association between the station itself or any sponsor who does not have the rights to claim such association and the NCAA. The NCAA’s Advertising and Promotional Guidelines are posted online.

A Surprising History of “March Madness”

The NCAA was not the first to use “March Madness” as a trademark in connection with basketball tournaments. In fact, beginning in the 1940’s, the Illinois High School Association (IHSA) used it in connection with the Illinois state high school basketball championship playoffs.

The NCAA also may not have been the first to license the use of “March Madness.” Beginning in the early 1990’s, the IHSA licensed it for use by other state high school basketball tournaments and by corporations.

Moreover, the NCAA did not originate the use of “March Madness” to promote its collegiate basketball tournament. Rather, CBS broadcaster is credited with first using “March Madness” in 1982 to describe the tournament. As CBS was licensed by the NCAA to air the tournament, the NCAA apparently claims that as its date of first use.

Finally, the NCAA was not the first to register “March Madness” as a trademark. That honor went to a company called Intersport, Inc., which used the mark for sports programs it produced and registered the mark in 1989.

So, how did the NCAA get to claim ownership of the March Madness® trademark? The short answer is through litigation and negotiations over a period of many years. Although it has also been able to obtain federal registrations for Final Four® and Elite Eight,® it was late to the gate and was unable to snag “Sweet Sixteen” or “Sweet 16,” which are registered to the Kentucky High School Athletic Association (KHSAA). (The NCAA, however, has the KHSAA’s consent to register “NCAA Sweet Sixteen” and “NCAA Sweet 16.”)

The Final Score

Having invested so much in its trademarks, the NCAA takes policing its trademark rights very seriously. Even so, although the NCAA may send a cease-and-desist letter over the types of activities discussed above, some claims may not be a slam-dunk as there can be arguments to be made on both sides of these issues. If you plan to accept advertising incorporating an NCAA trademark or logo or plan to use an NCAA trademark or logo other than in the context of reporting on the tournament, you should consult with an experienced trademark attorney so you can make an informed decision about the level of risk that you may be taking on.

The Cinematic Orchestra: To Believe review – soundscape originators’ accomplished return

Delivered... Rachel Aroesti | Scene | Fri 15 Mar 2019 10:30 am

(Ninja Tune)
The sound of TCO’s tasteful electronica has become ubiquitous. This new album isn’t experimental or idiosyncratic enough to stand out

Even if you believe yourself to be unaware of the Cinematic Orchestra, the London collective formed in 1999 by Jason Swinscoe, you will more than likely be familiar with one of their songs. To Build a Home – a spare and exquisitely beautiful piano ballad featuring the Canadian musician Patrick Watson – has become a TV score standard in the decade since its release, soundtracking a slew of blockbuster dramas. Yet while the song’s ethereal melancholy has proven enduring, its makers have dipped out of view in the intervening years. To Build a Home was the opening track on the Cinematic Orchestra’s 2007 record Ma Fleur – until now, the last proper album they released.

That makes To Believe a comeback of sorts, an opportunity for the 20-year-old group to restate their relevance. To those ends, Swinscoe has described the album as a contemplation on belief in the age of Brexit. Yet while the verbose track titles hint at lofty ideas, the songs don’t so much pin down and interrogate our modern malaise as transpose it into wilful abstraction. Sonically, meanwhile, the topic leads the group to set up camp in the space between their second and third albums – the former ominous, jazzy, trip-hop-informed; the latter a prettier, more wistful collection of featured-artist crooning. At one end of the spectrum is A Caged Bird/Imitations of Life, which sees the group reunite with Roots Manuva – who guested on their edgy, expansive 2002 track All Things to All Men – for a mellower collaboration. To Believe’s titular opener, a pared-down vehicle for Moses Sumney’s soft, airy and soaring vocal, cleaves most closely to Ma Fleur’s style, but can’t quite recapture its muted majesty.

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Karen O & Danger Mouse: Lux Prima review – complex and lingering

Delivered... Ben Beaumont-Thomas | Scene | Fri 15 Mar 2019 10:00 am

(BMG)
The Yeah Yeah Yeah’s frontwoman shines beyond her signature yelp on this cinematic, subtle album

After lucratively manning the boards for a series of big pop names in recent years – Red Hot Chili Peppers, Adele, Portugal, The Mancorrect et al – Danger Mouse delivers what feels like more of a passion project. It’s reminiscent of another of these, his 2011 album Rome with composer Daniele Luppi: both are heavily influenced by Ennio Morricone’s compositional style of pattering drumbeats and sweeping strings. His cinematic ambition is foregrounded in the opening title track, a nine-minute symphonic pop suite centred around a theme that is revisited on the closing Nox Lumina, and, truth be told, isn’t particularly exciting. It serviceably denotes grandeur and romance but without any real melodic invention.

Where the album comes alive is with more traditional songwriting, anchored by Yeah Yeah Yeahs frontwoman Karen O, who co-writes throughout. Her image in the popular imagination – a makeup-smeared sex banshee – does her a disservice: she has huge emotional and textural range, something that the handsome production helps to foreground here.

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