By Chris Moore:

Greetings, my fellow musicians and music lovers.  I come before you tonight in the form of an actual blog post, airing my thoughts and feelings for the Internet to read.  Take them for what they are.

Ever since Jeff’s Eagles cover songs posted on YouTube were tagged for copyright infringement, I’ve been increasingly interested — and concerned — about the state of the acoustic cover song.  Now that I’ve been hit for alleged infringement by corporate superpower Sony Music, I find myself having a personal stake in this debate:

Should it be — and, perhaps a more pressing question: is it — illegal to post acoustic cover song music videos on YouTube?

I’d like to start at the beginning.  A cover song is a performance by one singer/musician of another songwriter’s composition.  For as long as there has been music, there have been covers.  It is through cover songs that we learn how to play guitar, not to mention how we feel out our own songwriting styles and preferences.  Cover songs provide an avenue for us to explore our influences in a very personal manner, as we must take in every nuance from the original performance, decide which work for us and which do not, and attempt to recreate the song in a way that is fitting to our own abilities.

Finally — and this is where the legality of it all comes in — cover songs are what listeners are often interested in before they listen to the original music of a new songwriter.

The members of the Laptop Sessions music blog have spent countless hours preparing for and playing shows at bars, restaurants, fairs, and other venues at which we would have loved to play all original music.  However, most promoters and managers required that we bring songs that were more well-known to their customers.  Thus, we set out to learn some of our favorite rock songs — the standards, in most cases, from mainstays like the Beatles, Beach Boys, Bob Dylan, and others.  Although we made money here or there, even this was never for profit.  Over the years, considerably more money has gone into these ventures than we have ever seen in return.

No, and perhaps this is a point that multi-million dollar attractions like the Eagles and Bob Dylan have forgotten, the point was never to make money.  The point was to perform in front of an audience, to have our music heard, and to practice with the intent to become better musicians, songwriters, and performers.  This desire naturally progressed into Jim’s conception and development of the Fusco-Moore blog, better known now as the Laptop Sessions acoustic cover song music video blog.  Week after week since its 2007 inception, the Laptop Sessions performers have chosen songs that they loved, practiced them tirelessly, run through multiple performances until a satisfactory recording could be captured, and posted a textual component to augment the video, explaining trivia about the song, as well as commenting on the quality of the song (such as why we feel it has been underrated, forgotten, honored for good reason, etc.).

The point is that our cover songs have been labors of love.

(At this point, I will highlight the fact that I speak only for myself by switching to the first person singular, but I do believe the other contributors would agree, at least to a degree.)

Although I hoped that people would naturally gravitate toward my original music if they liked my cover song performances, it was never a necessary component.  I haven’t sold even one track since I started contributing to the Laptop Sessions 192 original and cover song music videos ago: if profit were my intention, I would have stopped months and probably years ago.

These cover song performances have allowed me to study a variety of songwriting styles at close range, artists as wide-ranging as Bob Dylan to Pearl Jam, Tegan and Sara to the Lovin’ Spoonful, and even, most recently, Pink.  The experiences I’ve had have fueled my commentary and criticism in my blog posts, as well as the direction my interests have gone, most directly affecting the CD’s I buy (yes, corporate music labels, we are among the few people still buying music in legal CD and vinyl formats on a very regular basis).

Which brings me back to the present.  Last week, I was hit with a copyright infringement notice from YouTube that was brought against me by Sony Music on behalf of Bob Dylan.  Why my cover of “Love Minus Zero/No Limit” was chosen among my other Dylan covers, I can’t be certain, but I’m sure that more allegations are on the way.  It would appear that my only recourse is to file an official DMCA counter-notification.  Before I do this (and sign my name to the promise that “I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which YouTube is located, and will accept service of process from the claimant.”), I want to be certain of what the law states.  While I agree with Jim’s reading of the fair use provision in Section 107 of the Copyright Act of 1976, I have also found legal forums where members disagree with our reading and proclaim cover song music videos to be a violation of copyright.

My correspondence with the YouTube Copyright Team has thus far only yielded a reply in which they simply copied and pasted text from their FAQ section, but I have restated my email to be clearer.

Essentially, I want to know (and have asked) if acoustic cover song music videos posted for non-profit, personal use on YouTube are in fact illegal.

When I receive a reply, I will add it here.

Until then, I am left frustrated by the irony of Bob Dylan — Sony Music, technically, but in the name of Bob Dylan — attempting to intimidate me out of posting cover songs on YouTube.  This is the same Dylan who earned a living, albeit a meager one, playing covers in Greenwich Village in the early sixties.  This is the same Dylan accused in the interviews of multiple friends from that period of literally stealing music, lifting vinyl from various people’s collections.  This is the same Dylan who has built his early respect and his contemporary catalog on the foundations of the music of the past.

Why has he not been shunned, brought to court, or otherwise attacked?  Because anyone who cares to look more closely at these aspects knows he has undertaken each of these actions in the name of honing his craft, experiencing and adding to his influences, and continuing to create thought-provoking, entertaining performances.

He is my acoustic, folk, rock, and just plain music role model, and frankly I am left with a sour feeling in the pit of my stomach as I obsessively review the censure I have received from YouTube, staring at my hundreds of dollars of Dylan music and merchandise and wondering how such an insignificant figure in the music industry as myself could be perceived as such a threat, such a criminal, by the establishment.

I await an answer from YouTube.

By Chris Moore:

RATING:  5 / 5 stars

If I were to post a one-sentence review of this album, it would read something like this:

“Pearl Jam’s Ten is the Pet Sounds of the grunge rock genre.”

I do not take such a comparison lightly, so let me begin by explaining my reasoning in detail.  In both cases, the general public took some time to warm up to the songs, but they have both ended up making regular appearances on “Best Albums” lists, both of the decade and of all-time.  In both cases, the songs and the image projected via artwork and touring would define the band for years to come.  Finally, in both cases, the album stands out as head and shoulders above and beyond other similar work being released at the same time from the same genres.

While Pet Sounds was the Beach Boys’ eleventh release and arguably more of a Brian Wilson solo album, Ten was Pearl Jam’s debut album, their very first studio release, and as much of a group effort as any rock album ever recorded.  Of course, the former came at a turning point — it perhaps caused or at least contributed to that turning point — for rock/pop music in the sixties.  Virtually every album that came after can be traced in some way back to that foundation.

In that sense, I do not mean to overstate Ten‘s importance by comparison.

Still, though its influence cannot compare, Pearl Jam somehow managed — and in their debut, no less — to compose and record as strong a set of songs as any being released during the early nineties and certainly from the grunge scene.  From fade in to fade out, Ten demonstrates a simultaneous command of subtlety, beauty, and gripping lyrical content, while also delving into raw, reckless abandon in a manner that is not sloppy yet not too controlled.

Almost two decades later, it is one of the cornerstone albums of the nineties and of rock music as a whole.

Pearl Jam's "Ten" (1991, 2009 remix)

As the cover suggests, Pearl Jam decided from the very beginning to be an “all for one, one for all” sort of group.  Outside of their revolving door of a drummer’s seat in the first decade, they have followed through on the promise implicit in that pose.

And this is what makes the individual tracks so strong for a first release.  As the various band members have stated in interviews over the years, many of these songs began life as Stone Gossard/Jeff Ament band jams, riffs and solos that were worked on and written, refined, and improved over a period of time.  When Eddie Vedder was brought in, he carried with him a new sense of lyricism and a unique voice that brought these instrumentals to life.  To this day, the issues and emotions expressed on Ten make for very compelling listening.

Critical opinions on Ten vary widely, though that difference has most often been the distance between five and four stars, or an A and a B-.  Most reviews have been positive, at least to some extent, but I find it difficult to understand any rating that falls short of recognizing the outstanding fusion of classic and modern rock, energetic performances and purposeful recording studio techniques, standout songs and an overall cohesive sound and voice that define this album.

Pearl Jam's "Ten" (1991)

Any great tale should begin with “Once upon a time…,” and Ten does.  It’s clear from the opening that this is no fairy tale, and “Once” sets the tone for the other songs to follow.  (Taken in a different context, “Once” has also been situated as the second in a three track series known as Mamasan, or Momma-son.  This three song cycle follows the story of “Alive” into the murderous “Once” and concludes with what has been read as an execution in “Footsteps.”)

“Even Flow” and “Alive” follow on Ten, unfolding one powerful, catchy riff after another, all driven by Vedder’s vocals.  These are the songs that you wish you could play along to, and the songs that you try to sing to.

Even the by-comparison mediocre tracks shine, like “Why Go” with its driving beat, shouted chorus, and manic guitar solo.

It’s forgotten, though, by the time the next track unfolds.  “Black” is a true masterpiece: put your headphones on for this one and listen for the way the instruments all play an intricate part, and yet how all the components gel around Vedder’s magnificent lead, made most impressive by what can only be called his vocal solo on the outro.

Next comes “Jeremy,” based on the true story of a boy who was bullied to the point of desperation, bringing a gun to school one day to shoot himself in front of his classmates.  The refrain “Jeremy spoke in class today” gains more poignancy as the song continues.

The second half of the album nicely mixes the tempo and tenor of tracks.  There are the slower, more melancholy tracks like “Oceans” and “Release.”  There is the declaration of independence and survival that is “Garden.”  Then there the rockers like “Deep” and its even more well-constructed, entertaining counterpart, the Vedder-penned “Porch.”

The outtakes from this period and the Ten recording sessions are nothing short of phenomenal.  Ament reportedly considered leaving the band when Gossard grew tired of “Brother,” a gem that went unreleased until 2009′s remix.  Even better is the live standard “Yellow Ledbetter,” a masterpiece in its own right.  While I understand the decision to leave “State of Love and Trust,” “Wash,” and the aforementioned “Footsteps” off the record, I am thrilled to have them as outtakes.  These are all songs that I look forward to, and they certainly transcend the typically forgettable bonus track fare.

From front to back, Ten is not only the strongest album in Pearl Jam’s considerable catalog — and this is saying something — but it is one of the best rock albums of all time.  The balance that was struck here between interesting musical compositions and engaging vocal performances set a bar few albums since have been able to rise to.  This is an album that deserved a reissue, and the deluxe edition (2 CD/1 DVD combo) was no doubt the best, most affordable deal of the four options.  The packaging included a hard case with a scrapbook style booklet, a disc with the album as originally mixed, a second disc with the remixed tracks and six bonus tracks, and a DVD of the MTV Unplugged concert that Pearl Jam performed in 1992.  This performance alone was worth the price of the album, and seeing Vedder, Ament, Gossard, Mike McCready, and Dave Abbruzzese was a clear reminder that these were different times: the grunge look has since gone out of style, but viewing this DVD provides an opportunity to see them in their early prime, each band member smiling at various moments in different songs, celebrating the outstanding music that they had written in brand-new acoustic arrangements.

(On this, the nineteen anniversary since the recording sessions began, the Weekend Review tips its hat to Ten and encourages you to squeeze in a listen very soon!)

By Jim Fusco:

Well, then- welcome to the first Jim Fusco Thursday here on the Laptop Sessions acoustic cover songs music video blog!   I’m happy tonight, as it was a day of getting things done.  Actually, the past two days were all about getting things done and that always gives me a good feeling.  I need to cover a few topics before I get started tonight:

1. My album, “Halfway There” is now on iTunes and available for download!!  I’m very excited about this.  I just signed up for some promotion.  If I get any kind of response, I’ll gladly do a bigger campaign.  Go check it out: http://itunes.apple.com/us/album/halfway-there/id361828586 Please, it would mean so much to me if you would sign-in to iTunes, rate, and comment on the album.  The more popularity it gets from the loyal music blog followers, the better chance it has at succeeding!
2. Next up, I’m going to be releasing the classic second (and last) album by MoU, “Homestead’s Revenge”.  And, just like everything else in that band, I’ll be covering the cost of this submission myself…
3. I recorded three “episodes” of the Laptop Sessions tonight, so that ensures three weeks of all-new videos coming up!
4. Speaking of “episodes”, I had a thought tonight.  I’m afraid that there’s so many Laptop Sessions videos that they’re becoming meaningless.  Honestly- I don’t even remember some of the songs I’ve done!  So, I’ll continue for a while on the once-a-week plan, but I really think I should do a “season” of them, much like a TV show.  I think once every two weeks, or 26 “episodes” would be good for the year.  That way, each music video would be a special event.  And it would probably give me more time to promote the site.  I used to worry that there wasn’t enough content to promote, but now I know that there’s SO much content that too much work went into it all with little return.  I’ll keep you posted on my thoughts.
5. Finally, I want to mention the passing of rock legend Johnny Maestro of the Brooklyn Bridge.  I was going to record “The Worst That Could Happen”, but I realize that, other than the chorus, it’s not one I know too well.  I’ll keep listening and maybe I’ll bust it out someday.  R.I.P., Johnny.

Onto tonight’s video!

This video, “Real Love” by the Beatles, came out so great that I wanted to push it ahead of my planned video for tonight, which will now air next week.  I love this song so much and even though it’s played on piano in the recorded version, it translated very well to my nylon stringed acoustic guitar.  And playing it on the 3rd fret capo really made it sound like the original.  Now, when I say “original”, I actually mean the version done by the remaining Beatles (over John’s home recording) in 1996.  John’s demo version does appear on one of his “Best Of” solo albums, but the lyrics are slightly different.  The Beatles version from the Anthology in 1996 is simply perfect.  The vocals are stunning (even though John’s voice sounds very ghostly and distant due to the original source tape they used, it works to a much better effect here than on “Free As A Bird”) and the guitar solo is so great.  It’s George at his rock best- a biting and wailing solo over such a great love song.

And last night, I arrived at a pretty big conclusion: In my opinion, John Lennon is the best songwriter of all time.  Yes, Brian Wilson is still (and will always be) my favorite songwriter, I have to admit that there was no one better than John Lennon.  He wrote some of the best songs of all time- and some earlier than all the other 60s bands!  He had a knack for the hooks (like, “Yeah, yeah, yeah”), but also wrote some of the best ballads ever.  “In My Life”, “Woman”, and “Real Love” are three amazing examples.  Okay, so Paul McCartney is a great songwriter, but his great songs are great and his less-than-great songs STINK!  Even John Lennon’s less-than-perfect songs are good.  He just had that gift.  He was a great lyricist and wrote some of the most unique melodies ever.

So, with that in mind, I went to record “Real Love”.  I remember when it came out- watching the Beatles Anthology on TV when it first aired in 1996.  It was awesome.  Especially because, at that point, I still thought I was the only Beatles fan in my generation.  So, having that kind of special on TV was pretty big for me.  And two new songs just made it a perfect situation.

I hope you enjoy tonight’s rendition of “Real Love” by the Beatles.  I know it’ll go down as one of my favorite videos simply because I realized that it’s one of my favorite songs.  It’ll always make me wonder, “What if the Beatles endured and somehow got to play into the 90s?”  I think we all know it would’ve been awesome, despite what critics might have said at the time.  It always bugged me that everyone expected bright, pop songs- but think about it: if the Beatles had continued playing from where they left off with “Abbey Road” (“Let It Be” was recorded earlier), the songs would’ve sounded very similar to “Free As A Bird” and “Real Love”.  And that’s just fine by me.  Until next Thursday, I hope you enjoy your weekend!

By Jim Fusco:

Hi folks- in a mid-season change, I’m moving my “Jim Fusco Tuesdays” over to Thursday.  The beginning of the week has become increasingly difficult for me.  Tuesday is my “work night” because my wife is at grad school and I’m left here to get stuff done.  If I start practicing for a video, record it, and write a post, before I know it, two hours have gone by.

So, this week, I’m making the official switch to Thursday nights here on the music blog.  Jeff has not posted a new music video for some time now, so he is now listed as “Various Days”, as he’s allowed to post on any night he chooses.

So, join me on Thumpin’ Thursday (that phrase is copyright Jeff Copperthite) and get ready for an all-new acoustic cover song music video!

~Jim