All posts by dogpossum

Being legit: music, intellectual property rights, and licences

APRA. The Australasian Performing Right Association Limited.
This is just one Australian body regulating the intellectual property rights of musicians and people involved in the music industry.
It’s not the only body that could apply to the swing dance world’s intellectual property rights issues. But it’s the obvious one.

The next important step in running a dance business or putting on a dance is dealing with music intellectual property rights. In other words, if you use someone else’s music at your dance, you have to have a licence.

Luckily, APRA have a list of licence types.
NOTE: APRA is an Australian organisation, and this stuff varies between countries, so you’re going to need to look it up yourself if you’re not in Australia.
ALSO NOTE: Do NOT take this post as a legit, final word on how to do this stuff. I’m just randomly speculating as I skim through the APRA site. You need to do some proper research yourself, and contact APRA for more help.

Let’s have a bit of a look at the licences you’ll need for running a dance business in Australia.

It’s quite complicated. Basically, APRA have a heap of different licences for using music, depending on how you use it, how many people in the room can hear it, whether they’re dancing or not, how it’s reproduced and copied, where it’s played, whether it’s featured music or background music, and so on. Their site offers advice for specific users, describing which of these licences you’ll need. So, for example, there’s not so much a ‘nightclub licence’, but there is a set of licences that apply to people who play music in their nightclub.

  • Classes
    If you are a dance school (or otherwise teaching classes – however you choose to think of yourself), you’ll need to pay an annual fee for a licence. There are three types of licences APRA sees as relevant to the work that dance schools do.

    1. Public performance. If you use music in class.
    2. Reproduction of music. If you copy music and give it to your students (eg for a performance).
    3. End of Year concerts.

    If you teach one day a week, you’ll need to pay $68.54 a year.
    If you teach more than one day a week, you’ll need to pay $68.54 a year plus $34.28 a year each extra day. So if you’re teaching two days a year, you need to pay $102.82 per year. And it increases for every day after that.

    Note: I know some people say they don’t need an APRA licence because they are an educational body, but if you are taking money for classes, then you need a licence.

    • Sam’s critical engagement with this
      I suspect this is definition of ‘dance class’ dependent on a ‘ballet class’ idea of dance schools, where dance is necessarily performance. A particular ideology of dance pedagogy informed by western, middle class concepts of learning and teaching which are teacher-centred, chalk-and-talk approaches where students are ‘injected’ with knowledge, rather than developing knowledge themselves. I wonder how vernacular dances and classes like African dance with drummers are licensed?

      In the former, the people drumming (providing music) are often also students participating in the class as drumming students, rather than as ‘featured musicians’. They don’t play set ‘songs’ so much as series of rhythms and rhythmic patterns (I guess that’s the definition of a rhythm – it’s an audible pattern, rather than random noise).
      In the latter, particularly if you use the ‘Lennart approach’ with lots of self-guided learning (I’ve talked about it ad nauseum in posts like Student Centred Teaching – some rough ideas), classes can become what is essentially social dancing (rather than strict choreography).

      And how would you classify a class like this one we did with musicians at Jazz BANG, where the ‘teaching’ was more a discussion, and where the ‘students’ were at once the people playing the instruments, the people listening (who also stood up and danced), and even the ‘teachers’ playing the music, talking, and demonstrating.

      I wouldn’t like to try to argue your way out of a fine using this logic, though.

  • Parties with live or DJed music
    This is an interesting one.

    Let’s assume you’re using an established venue (not just a ‘space’ that you fit out for a party).
    If you’re using a venue that regularly uses live music (eg the PBC where we run our live music parties), then the venue is responsible for providing the licence (Hotels/pubs/taverns/bars licence).
    But if the music is a DJ or other featured recorded music (not just background music), there’s another licence they need to look at (Featured or Recorded Music licence.)

    Wait. It gets more complicated. If the venue is using music specifically for dancing (ie they have a dance floor), then they also need a Recorded music for dance use licence.

    There are additional licences required for copying music onto your ipad or phone from CDs, and how many devices you play music from affects the cost of that licence.

    If you are running a private event at a licensed venue like a pub, then you will need an event licence on top of all this.

    • Sam’s critical commentary
      You can see how it makes sense to use an existing venue for your dance classes and events. And how important it is to develop a very good working relationship with event managers. If their management is handling most of the APRA licensing (not to mention the liquor licensing and noise zoning issues), then you don’t have to. That’s why you pay rent to them – not just for the use of the space, but for all this administration. This is also why you have an obligation to run sustainable events that bring money into the venue.
      We’re lucky enough to be working with a venue that has a strong commitment to local community arts practice. The PBC is a community-run venue with a board and membership that anyone can be a part of (I’m a PBC member), and the members vote on everything from what colour carpet to buy to whether to get solar panels or not. They’re also really nice people with lefty politics.
      I see it as our responsibility to run classes that are in keeping with the PBC’s broader ethos of being a good citizen (ie treating people with respect), of being engaged with decent arts practice, and with being accessible for all peeps.

      But it is in the APRA laws about music for dancing where we see Australia echoing the totally rubbish laws in New York about dancing. If you are playing music specifically for dancing, you have to pay a particular licence.

      What if you are playing jazz? This is an interesting one, because if you’re a lindy hopper, this is dancing music, straight up, no question. But if you’re a jazznick, a jazz fan, it’s listening music. It’s even art music. Despite the history of the music, its original function and intention, jazz has largely shifted in cultural meaning and function to ‘music for listening’, art music. Not functional music.

      But I guess the key issue would be whether you had a dance floor set up and cleared. Whether you briefed the musician on what they should play and how they should play it. How you promoted the event, and to whom.
      This issue is one I want to think more about, because I’m getting more involved in promoting the live music events I’m part of to ‘non-dancing’ crowds – eg the Sydney Jazz Club, a particular musician’s fans.

      The last is particularly relevant with musicians like Adrian Cunningham, Tuba Skinny, and Andy Baylor, who have substantial fan bases who aren’t dancers. They’re music fans who want to come and sit and watch the musicians. It’s interesting to note here that if your band is paid more than $2500, and they’re performing in a hall or function space, the event holder will need another licence in addition to the venue’s licence. This becomes relevant when you’re hiring a big band, which typically costs more than $2500 (about $3000 if you’re looking for quality).

      In reference to the final point above, having bands in residency becomes a good idea for the venue, because they are no longer featured performers, but part of the regular night. So you can avoid some licensing issues. Perhaps. Do not quote me.

  • Events
    This section should really be part of the section above, but I think we usually draw the distinction ourselves, even within the dance scene, between ‘regular social dancing parties’ and ‘special events’. So a weekly DJed party or social dancing event is quite different to a special christmas ball.

    The event licences are super complicated, and there are lots of different licences applying to an event. Things like whether you use live music or DJed music, whether food is involved, whether it’s a free or ticketed event are all important.
    You’d think that a DJed lindy hop party would count as a ‘dance party’, but it doesn’t, because

    Dance parties [licences are]…
    For Dances or Dance Parties that are one-off or occasional events, charging an entry fee, and playing APRA Works for dancing as the primary form of entertainment at the event. It does not extend to:
    …. 2. private function, or an event which features ballroom or similar traditional dancing;

    That bit about ‘traditional dancing’ caught my eye. Is lindy hop a ‘traditional’ dance? If they’re including ballroom, I guess it is. But lindy hop isn’t codified the way conventional ballroom dancing is (though we all know ‘ballroom dancing’ was a vernacular dance at heart… and after all, lindy hop has a long association with ballrooms)….

    Looking at the list of licences on the APRA page, it’s impossible to figure out exactly how a lindy hop party would fit into this system. You’d have to call up APRA and find out. Good luck with that.
    This is the next thing on my list of jobs. Wish me luck with that, will you.

    • Sam’s commentary.
      This issue of ‘regular social dancing’ vs ‘special balls’ is a tricky one. In my position with my last employer, my role involved running a number of ‘special events’ (not the fortnightly social dancing party) during the year. Last year I ran seven ‘special’ events for the business (in addition to the four independent parties I ran). Some of them were things that are run annually, some were one-off things, and some were part of big workshop weekends. Interestingly, the annual things have been run for years and years, both here in Sydney and in Melbourne, so you could argue that they’re not really special events any more, but regular events. They’re certainly very formulaic (or they were before I started messing about with them).
      I don’t think the distinction between regular and special events is actually all that important for APRA licensing, but it does assume more importance when you add things like insurance to the mix. Typically, your regular dance school insurance covers you for events which you run primarily for your own students (ie they’re not ‘public’ events, but ‘private’ parties). But when you start running events which target audiences beyond your own students, the insurance policy has to change to accommodate this.

So different dance events are regulated by different laws (I’m using the word ‘laws’ a bit inaccurately here): tax laws, insurance laws, intellectual property laws, liquor licensing laws, industrial relations laws, residential zoning laws, and so on. When you remember that these laws are different in different countries, states and local councils, you get this fascinating little nexus in lindy hop. I get very excited about this, and wish I’d done more cultural policy studies in my PhD work.

It’s all very interesting. As someone setting up a new business, it can be overwhelming, but most of it isn’t that hard. Because you can get help, and it’s actually useful help. Just call the various organisations up.

When you are planning a business, you need to think about:

– tax
– APRA licensing
– insurance
– industrial relations (OH&S in particular, but also agreements and contracts with contractors – teachers, bands, volunteers, sound engineers, and DJs)

You can sum all this up with a nice, clear Code of Conduct that sets out:
– your social policies (eg how you deal with sexual harassment)
– your industrial policies (eg whether you pay DJs, teachers, etc, and how much you pay them; how you deal with volunteers; your terms for hiring international teachers, etc etc)
– your creative policies (eg how you value choreography and credit choreographers)
– your cultural policies (eg whether you’re into historical dance and music, and how you acknowledge these sources)

I like to aim for being sustainable – culturally, economically, socially, sustainable. That means that I’m aiming for doing things in ways that let me carry on doing things for a long time. If you are screwing people over, if you can’t pay your bills, if you’re risking people’s safety, you are eventually going to implode your community, business, and scene.
I also like to aim for longer term development. I don’t just want to go dancing now, and to put new dancers on dance floors now. I want to see lindy hop music and dancing changing and growing and becoming more creatively sophisticated. Because it’s more interesting that way. And jazz is complicated. So we need to continually level up to keep up with it.

You can do a one-off party and not bother about this stuff. You can even run a bunch of parties and not bother about this stuff. But once you do start doing these things regularly (or even irregularly, but more often), you’re going to need to start thinking about best practices. Not just to stop you copping a massive fine or getting up on some sort of charge. Lindy hop is a social dance, and that means you’re working with people. Lots of them. Planning your projects effectively means you are less likely to fuck people over. And that’s my priority: to not fuck people over.

Labour and equity in lindy hop (notes)

I’ve been thinking about this stuff for years and years. Partly because it came up in my PhD when I did a lot of research into volunteer labour in Australia, research which actually came from an abortive first Phd project on the CWA. There, it was made very clear that volunteer workers are mostly women. This is true in the lindy hop world: most of the unpaid volunteer labour in Australian lindy hop is provide by women.

Anyway, I don’t have time to think and write about this now – I’m just letting in percolate for a while. But here are some interesting things that have contributed to my thinking:

  • Codes of conduct
    Carl Nelson linked up Christina Wodke’s piece ‘Tweaking the Moral UI’ on the facey. It links to Geek Feminism’s conference policy. Michael Seguin linked up the Mobtown Ballroom Code of Conduct in the comments on the facey. Nirav noted that the Fogtown Stomp Code of Conduct was inspired by the Mobtown Ballroom one.

    The part I liked about this, was the way Carl introduced the link with:

    I would love to see more Codes of Conduct and instructors and organizers willing to put themselves out there by requiring them at events where they work in the dance scene.

    I have a personal policy that’s related to this stuff: I won’t DJ at an event that doesn’t pay all its DJs, and I tell organisers this when they approach me about DJing. I have to say, this has reduced the list of events in Australia that I’ll DJ at. SHAME, lindy hoppers, SHAME. I’ve also started refusing to work at (or attend) gigs that hire the dodgiest teachers. That quenelle thing? Well, it’s lost you teaching gigs in Australia, mate.

    We have the beginnings of a Code of Conduct for Swing Dance Sydney here in our Classes FAQ:

    8. What’s your policy on inclusivity in class?
    We’re also a queer-friendly group who welcome same-sex couples.
    We don’t tolerate any kind of harassment, and will act quickly to put a stop to it.
    We try to make our classes as accessible as possible. We have students from the age of 12 to 82, with a range of needs and interests, and we really like it that way.

    We really enjoy teaching, so we’re happy to repeat instructions, to talk more slowly, to try new ways of explaining and teaching things – just ask.

    If you have particular needs, don’t hesitate to book a private class (email info@swingdancesydney.com).
    link

    It is totally inadequate, but it’s a work in progress. I’m also working on OH&S policies, and on teachers’ agreements. It takes a while to write all this stuff up, particularly around christmas. But I am ON IT.

  • Pay rates for DJs, teachers, bands, sound engineers, etc
    My position on this stuff isn’t secret.
  • Sharing economy requires inequality
    Jonathon, Glen and Liam had a very interesting late night talk about Leo Mirani’s piece The secret to the Uber economy is wealth inequality on twitter last night, and it really caught my interest. Uber’s attracted major criticism lately, for all sorts of very good reasons. I’d read Arun Sundararajan’s piece What Airbnb Gets About Culture that Uber Doesn’t a little while ago, and I’d shared the disgust that Uber’s surge pricing policy attracted this week during the siege in my city, Sydney.
    This latest article by Mirani is even more useful for the way it outlines the ‘sharing economy”s dependence on inequity. There was a useful illustrated article about the ‘sharing economy’ by Susie Cagle on the Nib that takes up some of these issues too. I think there’s some thinking to be done on the role of individualism in American culture here as well.

    This discussion reminds me of criticism of Google’s diversity policy (May 2014), but more specifically of a follow up piece about the non-IT workers in Google. I’ve looked and looked, but I can’t find the original article! ARGH! That piece caught my eye for the way it pointed out that Google didn’t count cleaners and other work in its overview of diversity in its workplaces. These workers simply don’t exist for google, because they are contractors, and because they don’t consider that sort of work part of their business model. There are all sorts of things to say about class, knowledge, power, economies of knowledge, contracting, labour relations and so on.

    This last bit is important, because it shows how some sorts of labour are devalued because they are ‘unskilled’ (though cleaning – as with working the door – actually requires a particular skill set), and how devalued work tends to be associated with people of colour, and with women. In the IT world as in the lindy hop world. And this of course demonstrates how the lindy hop world echoes and restates the power dynamics of the wider community in which it is positioned.

  • Volunteering, the value of ‘work’, and unpaid labour Why do door staff not get paid, when DJs do?
    This issue just won’t leave my brain. There’s definitely a hierarchy of labour ‘value’ in the lindy hop world. Teaching is at the top. Cleaning up after a dance is at the bottom. Different types of labour are gendered, though there are interesting regional differences. In Australia the largest dance events are run by women, most DJs are women, and most unpaid volunteers are women. Women are obviously doing most of the work in the lindy hop world, but not all of that work is lower status or unpaid. But this is not the picture in other countries, or even consistent within local Australian scenes. There’s definitely more work to be done here, and more research.
  • The economics of live music
    I’m interested in this one. There’s a push (which is quite established now), to feature live music at lindy hop events. It’s interesting, because the smallest scenes often have the closest relationships with live bands – the only social dancing available is at local live music gigs. Which may or may not be ‘swing’ or even ‘jazz’, but they are LIVE. The biggest international events showcase live music, to the point of only using a couple of DJs for very few songs, let alone sets. DJing used to be quite important to large events, but not so much any more. But at the local level, DJing is still the backbone of dancer-run social dancing in most Australian lindy hop scenes. Because bands are expensive.
    The economics of live music in Australia are shaped by all sorts of factors. Clubs Australia and liquor licensing affects which licensed venues hire bands, when, and for how much. Licensing is important because it shapes the social space: having a bar is good for jazz. Sydney and Melbourne have the largest jazz scenes, but because New South Wales and Victoria (the states) have different liquor and live music licensing laws, the scenes are quite different, and pay rates differ. Basically, if you want to hire a decent band for a dance gig in Sydney, you’re looking at $1200 minimum. Add a rider of about $100. Then add $1000 to hire a decent sound guy, so the band actually sounds good. That’s fucking expensive. If you add $1000 for the venue and incidentals, that’s $3300 right there. So you’ll need 100 people paying $35 to cover your costs. Good luck – $35 is pretty much the most that dancers will pay in Sydney, and 100 is a lot for a regular gig at that price. You can’t do that more than about 3 or 4 times a year, max.

    You can hire bands for less, but the quality may vary, and you’ll be calling in favours to pull that off. The market is kind of tight in Sydney at the moment, so you can take advantage of musicians’ desperation for gigs and talk them down in price. But that kind of makes you an arsehole. Venues with liquor licences can afford to hire bands regularly (ie offer residencies) which bands will accept less pay for, but it’s the sale of liquor that finances these gigs, and liquor licenses are managed by the state, and influenced by Clubs Australia, which prioritises gambling (pokies in particular).
    The pay rate for bands varies in different cities, for different types of gigs, and for different types of bands.
    This $1200-$1500 rate is a corporate rate, not mates rates. So you really need to get to know your local musicians well if you want cheaper rates. But $1200 for a 6 person band is only $200 per musician for about four hours work. That’s $50 an hour for highly skilled professionals, who practice, put together charts and sets, and so on. That’s kind of shit, really. Considering most events now pay DJs about $30 an hour. And top tier teachers are paid $150 an hour to teach (plus expenses). And if you keep in mind the fact that a decent dance event requires quite a lot of to-ing and fro-ing between organisers (who ‘brief’ the band) and band leaders (who have to develop a set and basically change the way the band works to suit this brief), there’s all sorts of extra labour involved. All those phone calls and emails that have to be factored into the costs of the gig.

    I’ve been having a discussion with a few people about the economics of live music on the facey, starting with THIS METAL BAND BROKE EVEN ON A 27 DATE TOUR AND SO CAN YOU by Big James, which was a response to the Pomplamoose piece Pomplamoose 2014 Tour Profits. There was a fairly nasty piece in response to Pomplamoose’s, Sob story from band that lost $11,000 was actually a marketing stunt by Mark Teo, and then Amanda Palmer chimed in. Palmer shits me to tears.
    The discussion on facey is quite interesting, and ongoing. I won’t reproduce it here, because I’m not totally ok with cutting and pasting other people’s Facey comments out of context. But I did write this about Palmer:

    …that bit about the jam bothered me. I’ve also seen her pulling some dodgy stuff on twitter: she’s a bit of a fail when it comes to recognising her own privilege and power in discussions about class, gender, etc. Sure, she might have done all that sleeping on couches and playing for free and busking in Ye Olden Dayes, but now she’s a high profile celebrity, in a relationship with another celebrity. Her situation has changed. And she doesn’t recognise this.

    I think most of us would take that sort of ‘jam’ opportunity – for all sorts of reasons. But that’s the point of understanding your own power and influence: people with less power (ie needing the profile, wanting the experience, etc) are going to take her up on that sort of offer. Imagine if she’d actually _paid_ them – how wonderful! Even better!

    …and I think there’s a difference between sitting in on a jam with great musicians, particularly in the jazz scene, and ‘getting on stage with a celebrity at their gig’. Jazz in particular has a long tradition of apprenticing new musicians through jams – tap dancers do it, hip hoppers do it, lindy hoppers do it. But that’s in the context of a real jam – a community space. A celebrity’s gig is a bit different.

    I quote myself here, because I think this is where I start to pull all these threads together. I’ve heard people justify not giving volunteers free entry because “It’s a privilege to work on an event.” I’ve heard people justify not paying volunteers or giving them free entry because “They are volunteers.” That heirarchy of value in labour in the lindy hop world affects who gets paid, and how. It also determines status and identity in the lindy hop world.

…and that’s as far as I’ve gotten with this thinking. I’m going to have to let it all boil around in my brain for a while. But I think all these things are related by issues of power, privilege (those two are the same, really), ‘economics’, gender, class, and race. I just need to figure out how to articulate all that.

Fart cauliflower

We have had a lot of cauliflower in our veggie box recently, so we’ve made a lot of fart cauliflower. It freezes beautifully, is easy to make, and is quite soothing if you are feeling a bit niggeldy. Exclude the chilli if you don’t like it too spicy. Eat it with rice and yoghurt. Sorry it’s in a photo not text. Sorry it’s rotated 90*. It’s called fart cauliflower, because that’s what it smells like when it’s cooking. Yummy.

fartcauliflower

(from Madhur Jaffrey’s book ‘The Madhur Jaffrey Cookbook’. All praise Madhur!)

(Note my helpful tip: vegetables get smaller as they cook. Cauliflowers have lots of water in them.)

The business of lindy hop

Zack Richard’s great post about running lindy hop businesses. Hooked up by Jerry @ Wandering and Pondering on the facey. Of course. He was linking to the #improvrespect piece, but I couldn’t give one fig about that discussion, so I didn’t even finish that piece. But he did remind me that Zach writes good stuff, so I flicked back through his earlier pieces and found this one.

I’m interested in the way we use ‘be like Frankie’ as a model for ethical business practice. He’s a pretty good role model for dance stuff. But it’s unusual to see one person become so important as a model for sustainable business practice. It does worry me a bit; smells like a cult to me. And there are some dodgy gender things at work here. And I do worry that the reality of the man is lost in the idea of the man that’s used to sell ideas. But I guess that’s how history works: the reality of the person is subsumed by the idea of the person.

…any way, Zack outlines some ideas that fit nicely with my own point of view, but he frames them in terms of Frankie’s legacy, and the history of lindy hop. Which are very interesting approaches. I like the ethics outlined in this approach, but the cultural studies scholar in me is a bit suspicious. A bit uneasy. At any rate, if you’re just looking for content, and not engaging with narrative and ideological practice in a critical way, it’s a great piece. I definitely recommend reading it.

This bit caught my eye:

Yes, we must be wary of the “ballroom studio model” that hires undertrained and underpaid staff who painfully review fifteen years old instructional videos and then regurgitate washed-out, dumbed down material to the students. To that we say: whatever their level, keep your teachers and yourself well informed and inspired to strive for betterment. Turn to Frankie and his constant need to create and top himself.

I really had no idea (naïvely, it seems) that other scenes had the same problems we do here in Sydney. It’s a relief to see that our problems aren’t unique, and that other people have thought about solutions for them.

Jason Samuel Smith at Sea of Rhythm

Jason Samuel Smith at Sea of Rhythm

This is a performance from the Saturday night party at Sea of Rhythm. When Jason first began, I was a bit ‘oh geez, enough manpain already,’ ready to be cynical and quite scathing. But Jason was 100% fully legit. It was a bit like watching James Brown. At first I was all cynical, and then I was whelmed, and then I was overwhelmed.

Tap dancers are really good at bringing the ‘act’ – the whole performance. Jason entered the stage with presence, and then he sustained it for the entire performance. And he really was good enough to justify all that manpain. By the end, I was totally won over. My only regret about this videos is that you can’t see his face. He danced with his eyes closed, feeling the feels.

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(photo by Emily Newbold, via the Sea of Rhythm fb page

I think this was one of the best parts of Sea of Rhythm. I was totally wooed away from my usual cynicism. And masculinity! There was all sorts! It was so exciting!

Really, this is the difference between lindy hop and tap scenes: the tappers have serious skills. And they bring the show.

…relatedly, Mona and Remy did a lindy hop performance that actually made me gasp. Me – cynical Sam, who’s seen one million lindy hop performances. It was really, truly exciting.