1. Deborah A. Evans, Summary of Panel Discussion with Local New

Della Music Clearance
Della Music Publishing LLC
Local Artist and Creator Panel
Copyright Society of the USA, New Orleans, LA
Friday, February 12, 2016
10:45 to 11:45
Deborah A. Evans
Della Music Publishing LLC
Summary of Panel Discussion With Local New Orleans Artists and Creators on Their Work, Related
Copyright Issues, and the Flourishing of the Arts Post-Katrina
“Indian culture was never, ever meant to make any money,” said Howard
Miller, Big Chief of the Creole Wild West, the city’s oldest tribe, and president
of the Mardi Gras Indian Council. But neither should the culture be exploited
by others. “We have a beef,” he said, “with anybody who takes us for granted.”
I. Introduction
When we think of New Orleans culture we immediately think of music, and jazz in particular.
However, culture here is an amalgamation of so many different arts and artforms, all of which have the
right to be protected by copyright. Also, New Orleans creative expression can be unique in that it often
combines several artforms. Think about a Mardi Gras parade or a Second Line: there is a live brass
band providing music, dancing teams such as the Camel Toe Lady Steppers or the 610 Stompers
delight and entertain, the Mardi Gras Indian’s suits are considered works of art. The entire parade is in
a sense live theatre. My good friend and well known painter James Michaleopolous
http://www.michalopoulos.com/ creates whimsical paintings of crooked shotgun houses and creole
cottages which he sells in his gallery on Bienville St as well as in galleries around the world. Yet you
can stroll through Jackson Square and see a hundred rip offs of his paintings (he’s given up pursuing
infringement claims).
More recently, Ashlye Keaton has been involved in helping the Mardi Gras Indians protect their work,
their suits that they wear on Mardi Gras Day, individually hand sewn and beaded, made from scratch
each year, and costing in upwards of $10,000. http://houseofdanceandfeathers.org/mardigrasindians/.
In American copyright law, clothing designs generally cannot be protected because they are more
functional than aesthetic. Ms. Keaton argues that the suits, which can weigh well over 100 pounds,
should be considered works of sculpture, not outfits. The creators should therefore be compensated if
photographs are taken and sold. See http://www.nytimes.com/2010/03/24/us/24orleans.html?_r=1.
Also see http://ipjournal.law.wfu.edu/2011/07/mardi-gras-%E2%80%9Cindian%E2%80%9D-suits-fitfor-copyright-protection/
509 Mandeville St., New Orleans, LA 70117
tel: 917.517.0357 fax: 504.304.4754
email: [email protected]
Della Music Clearance
Della Music Publishing LLC
Although this panel focuses on music since the majority of the panelists’ careers are in music, it
should be pointed out that New Orleans is a hotbed of creativity for all kinds of intellectual property.
We even have a festival devoted solely to Tennessee Williams and his plays, complete with a “Stella”
yelling contest.
II. Topic
Local New Orleans musicians, music business professionals, artists, and creators will discuss their
careers, and possibly share or display some of their works, with an emphasis on any copyright-related
issues they have faced. They will speak about how awareness of copyright protection may or may not
have increased after Katrina, particularly with the emergence on the national and worldwide spotlight
of New Orleans culture, music, and traditions through documentaries and such programs as HBO’s
Treme, which featured local music and artists.
III. Panelists
Speakers include Ashlye M. Keaton, Esq. an adjunct professor at Tulane Law School and the
University of New Orleans and Co-Founder/Supervising Attorney for the Entertainment Law
Legal Assistance Project (ELLA), who also practices entertainment and intellectual property
law in New Orleans; Pamela Davis-Noland, author and playwright as well as community arts
organizer and artist relations specialist; Voice Monet, New Orleans based international female rap
artist and record label owner as well as film producer/director/cinematographer; Scott Billington,
record producer and Rounder Records vice president of A&R, also known for his work in the music
industry as a writer, graphic designer and musician. Moderator is Deborah Evans, President of Della
Music Publishing, LLC, a New Orleans based music clearance and music publishing company with
clients both local and from NYC/Los Angeles/Nashville.
IV. Format
Questions posed by moderator to all four panelists.
• Introduction of Panelists
• Questions
1) New Orleans artists and musicians have gained notoriety nationally, particularly since the
world took an interest in the city after Hurricane Katrina. For example, the highly talented John
Baptiste is now seen nightly on Steven Colbert’s show as the music director. Big Freedia, the
Queen of Bounce, has a reality show on FUSE tv http://www.bigfreedia.com/ and also tours
around the country reminding us that bounce music and dance came well before Miley Cyrus
and twerking, and it originated in New Orleans. I personally spend time meeting with rappers
and songwriters around the city for coffee, guiding them through the PRO registration process,
or with filmmakers working out what sets of rights they may need for a piece of music they’ve
used in their film. I’ve cleared music for several dance and theatre performances in exchange
for a Po-boy. But I’ve only been here for five years and don’t really have an overall sense of
how much creators here value copyright and are interested in protecting theirs. All of you are
long time residents of the city and may have a better perspective.
509 Mandeville St., New Orleans, LA 70117
tel: 917.517.0357 fax: 504.304.4754
email: [email protected]
Della Music Clearance
Della Music Publishing LLC
Do you agree or disagree that the level of awareness of copyright and the necessity of copyright
protection has increased in the last several years amongst musicians and creators in and around
the city?
2) Live music, music clubs and music festivals are at the heart of New Orleans culture and
unquestionably drive tourism and bring substantial income to the city. While there are several terrific
record labels such as Basin Street Records, Rounder Records, and Marsalis Music, no major labels
have offices here. There are only a handful of recording studios. ASCAP, BMI, and SESAC do not
have offices here, and I’ve yet to run across another music publisher who represents more than a single
songwriter here. Internationally know artists such as Trombone Shorty have legal representation and
management in LA, and his publishing with BMG Rights out of NYC.
Does New Orleans’ reputation as a live music and music festival town preclude it from encouraging
the business side of music and therefore discourage artists from wanting to be educated on
copyright issues, register with PROs, and take the necessary steps to protect their own works?
3) In 2010 my family and I moved to New Orleans from New York, mostly because of the art, theatre,
music, and culture that thrives here. Almost instantly, I found myself wanting to help others in various
ways. One way I do that is meet with local musicians and songwriters to help them understand the
copyright, publishing, and the music business in general.
Does being a part of a community in need inspire you to want to give back through your art and
your work? If so, why and how?
4) How have copyright issues affected you and your work? For example, have you ever
unknowingly sampled any other work and then later on realized that you were required to clear the
original work? Has anyone ever infringed on your own work?
5) It is no secret that there is terrible economic struggle here in New Orleans. 44% of children under
18 in this city are living in poverty. Every day we hear about a shooting or violent crime, and much of
these grim statistics are the result of a police force which is highly understaffed. Yet we see hope and
joy on the streets when we pass by a young boy playing his trombone on the street corner. The schools
are filled with music. Art, theatre, dance and music are being offered as an alternative to violence and
despair. Community arts and music centers such as the Ellis Marsalis Center for Music
https://www.ellismarsaliscenter.org/, a performance, education and community venue, have emerged
post-Katrina to help further music and arts education particularly in lower income areas of the city.
The Ellis Center has regular presentations and workshops for musicians on the importance of
copyright law and how musicians can protect their work.
The ELLA (Entertainment Law Legal Assistance) Project http://www.artsneworleans.org/ella/
headed up by Ashlye Keaton, offers pro-bono legal assistance to low-income artists, musicians, and
grassroots nonprofits in Louisiana. Ashlye also worked with Sweet Home New Orleans, a non-profit
509 Mandeville St., New Orleans, LA 70117
tel: 917.517.0357 fax: 504.304.4754
email: [email protected]
Della Music Clearance
Della Music Publishing LLC
that empowered musicians to make a living by living in New Orleans to continue their craft. There,
she assisted musicians with understanding copyright law, legal contracts, and music business issues.
So the juxtaposition of poverty and violence with boundless creativity exists here, as it does in many
urban areas, but with both in very large proportions.
Last year the annual Satchmo music festival charged an entrance fee for the first time ever, which
was very disappointing because this amazing music festival, dedicated to Louis Armstrong, has
always been free. If you were the one responsible for the budget of this city and you were told that
$50,000 had to go toward either hiring a new policeman or keeping FQF free, which would you do
and why?
6. Voice Monet is one of my favorite songwriter clients, in part because she is a woman who very
successfully writes and performs rap music in what is predominantly a man’s world. She performs
internationally, often in Europe. When I met her, although she’d been doing well collecting income
domestically through BMI and other U.S. sources, she had no idea how to navigate the murky world of
foreign subpublishing. I knew that there was income for her outside of the United States, and indeed,
decent money has been coming in from France, the Netherlands, and Germany since she now has
proper foreign as well as domestic publishing representation of her works through my company and
my foreign affiliates.
509 Mandeville St., New Orleans, LA 70117
tel: 917.517.0357 fax: 504.304.4754
email: [email protected]
Della Music Clearance
Della Music Publishing LLC
Do you have any specific stories of any local songwriters, authors, visual artists, choreographers,
etc. who, by either claiming infringement of their works, approaching a label for unpaid
mechanical monies due, or simply gaining knowledge of copyright law and the importance of
registering works, have monetarily benefitted whereas not knowing how the law can help them
would have kept them in the dark?
509 Mandeville St., New Orleans, LA 70117
tel: 917.517.0357 fax: 504.304.4754
email: [email protected]