Esda Submission

Best Online Casinos UK New Betting Sites UK Casinos Not On Gamstop Casino Sites Not On Gamstop Casino Sites Not On Gamstop

		Esda Submission ESDA Submission to WIPO on the proposed 'New Instrument' WIPO is the World Intellectual Property Organisation which, based in Geneva, is the body responsible for considering how intellectual property is treated in international treaties and the domestic laws of the countries of the world. WIPO is currently considering changes to the existing Berne Convention which includes a definition of 'performers' which we and others believe is outdated and redundant. This is a copy of our submission to WIPO regarding the position of the profession of 'Sound Director' or 'Record Producer' in the context of the definition of 'performers' in the forthcoming 'New Instrument' and changes to other international treaties. This submission represents the views of the European Sound Directors' Association, an affiliation of organisations which represent record producers, sound directors and audio engineers throughout Europe. This submission is intended to be supplemented by additional material presented by the national organisations to reflect the position that exists in the particular countries concerned. We are aware that the agenda for the Diplomatic Conference (to be held in Geneva in December) has largely been set and that we are asking that WIPO consider this contribution, even though it is presented at a very late stage. We believe that in order for the 'New Instrument' and other changes to international treaties to effectively reflect the realities of current recording practices, it is important for the Diplomatic Conference to take into account the position and experience of our profession. (A) INTRODUCTION This document is submitted on behalf of the EUROPEAN SOUND DIRECTORS ASSOCIATION (ESDA) and sets out the views of the members of ESDA's affiliated organisations in relation to a proposed New Instrument on the Rights of Phonogram Producers. (B) STATEMENT OF PURPOSE The purpose of this document is to submit our view that the proposed definition of 'performer' contained in the New Instrument should be amended so as to reflect the reality of the recording process of today so as to include those creative individuals who are colloquially known as record producers. (C) TABLE OF CONTENTS 1. INTRODUCTION TO ESDA AND RE-PRO INTERNATIONAL 2. (A)TECHNICAL TERMINOLOGY (B)ENGINEERS 3. DEFINITIONS - 'RECORD COMPANY' AND 'RECORD PRODUCER' 4. THE HISTORICAL ROLE OF THE RECORD PRODUCER 5. THE DEVELOPMENT OF MULTI-TRACK RECORDING TECHNIQUES 6. THE CHANGING ROLE OF THE PRODUCER 7. THE ROLE OF RECORD PRODUCERS TODAY (A) PRODUCERS OF POP RECORDINGS (B) PRODUCERS OF ORCHESTRAL RECORDINGS 8. THE RECORD PRODUCER COMPARED WITH THE ORCHESTRAL CONDUCTOR 9. RIGHTS OF RECORD PRODUCERS AND PERFORMERS 10. ALTERNATIVE DEFINITION OF 'PERFORMERS' IN THE NEW INSTRUMENT GLOSSARY OF TECHNICAL TERMS 11. INTRODUCTION TO E.S.D.A AND RE-PRO INTERNATIONAL. (A) E.S.D.A. - THE EUROPEAN SOUND DIRECTORS' ASSOCIATION The European Sound Directors' Association is a grouping of organisations that represent recording producers and sound directors throughout continental Europe (not exclusively from EU member countries) which has recently been formed to focus upon the issues of intellectual property rights in the context of changes to European laws and international treaties. The European Sound Directors' Association will endeavour to co-ordinate the efforts of studio producer and sound director organisations with their submissions to the EU Commission, WIPO and other bodies. As of July 1996, ESDA is made up of 10 organisations: APIA - Spain ASD - Russia GONG - The Netherlands GRAF - France OTMV - Austria Re-Pro Greece - Greece Re-Pro Italia - Italy Re-Pro (UK) - United Kingdom VDT - Germany SSES - Sweden It is expected that a new organisation that is being formed in Denmark will, in due course, become affiliated to ESDA. (B) RE-PRO INTERNATIONAL The European Sound Directors' Association is a focus group of Re-Pro International which was formed in 1995 as an umbrella organisation to co-ordinate the activities of studio producer organisations throughout the world. In addition to its ESDA member organisations, Re-Pro International has attracted affiliates from USA (various inc. SPARS) and China (CARE). 2. (A) TECHNICAL TERMINOLOGY A glossary is attached to the back of this submission. The glossary contains an explanation of many of the technical terms used in this submission. (B) ENGINEERS Many of the ESDA organisations include audio engineers or re-mix engineers amongst their membership. The ESDA organisations acknowledge that those of their members who act solely as technicians have no claim to neighbouring rights remuneration for work which does not make a creative contribution to a sound recording. 3. DEFINITIONS - 'RECORD COMPANY' AND 'RECORD PRODUCER' The meaning of the word 'producer' is fundamental to the issues raised in this document. At present the word is used by various parties to mean completely different things. The reasons for this confusion are largely historical. In the context of international legal definition, the word 'phonogram producer' refers to record companies - corporations which engage artists and studio producers to make sound recordings for the purpose of commercial exploitation. When EC Directives and international treaties refer to 'producers' and 'phonogram producers' they are usually referring to what we would call a record company. However, in colloquial usage within the industry throughout the world the word 'producer' or the term 'record producer' would be understood to be that individual person responsible for the process of directing and supervising all the creative and other aspects of making sound recordings. In relation to motion pictures the equivalent role would be that of the film director. In some European countries the role has been described 'Sound Director' and the European Association of Sound Directors, although a group of organisations whose members would describe themselves as 'producers', 'record producers' or 'studio producers', has adopted this term as being the one which most accurately conveys the meaning of the role of those engaged in the profession. For the sake of clarity we have adopted distinct definitions for the two roles as follows:- 'record producer' means the individual person whose principal role it is to direct and supervise the creative aspects involved in making a sound recording. [Also known as 'producer', 'sound director', and 'studio producer'] 'record company' means commercial concerns whose business includes the commercial exploitation of sound recordings. 4. THE HISTORICAL ROLE OF THE RECORD PRODUCER Up until the mid 1960's record producers were almost invariably engaged as salaried employees of record companies. In those days, the record producer was far less important to the artistic quality and commercial value of the finished recording than he is today. His role tended to be confined to supervising various administrative aspects of the recording sessions such as booking studios and engaging a sound engineer. His creative role was usually confined to engaging a third party 'arranger' to arrange the musical work to be performed and to choose the most appropriate musicians. At that time recording studios used basic recording equipment designed to merely reproduce, as faithfully as possible, the performances of the performers. The artistic and commercial quality of the finished recording therefore relied more or less exclusively on the ability of performers to perform 'live'. 5. THE DEVELOPMENT OF MULTI-TRACK RECORDING TECHNIQUES It was only in the late 1960's that multi-track recording facilities first became widely available and it was this development which largely precipitated the changing role of the record producer. Multi-track recording studios use tape recorders which allow recordings to be built-up in stages rather than in a single 'take'. This is achieved by the use of special recording and playback heads on the tape recorders which are divided up into separate 'sections' or 'tracks' which are capable of discretely recording sounds on to one or more of the corresponding 'tracks' on the tape being passed across it. Each track can be recorded (or played back) independently of the others. A simple analogy would be to imagine a number of individual tape recorders being used simultaneously, but all being synchronised together. For example, early multi-track tape recorders capable of recording, say, 'four tracks' could use Track 1 to record drums and bass; guitars and, say, piano could be allocated to Track 2, lead vocals to Track 3 and vocal harmonies and percussion to Track 4. Furthermore, multi-track technology allows one track to be used to record whilst other pre-recorded tracks can be simultaneously played back. This means that all the instrumental parts of a song can be recorded and finalised before the vocalist performs. Since multi-track recording may comprise several discrete performances, it is possible to isolate individual constituent parts of such a recording and to listen and vary those parts an infinite number of times. Further material may also be recorded in a way which does not interfere with the tracks already recorded. Thus infinite experimentation in trying out combinations of recorded sounds is possible. The final process would usually involve balancing the individual constituent parts so that they form a cohesive 'mix' of all the separate performances creating what appears to be a 'single' performance. The advent of multi-track recording has taken the emphasis in the recording process away from those performers and arrangers whose task was to ensure that a complete performance was delivered and recorded together in one take. Instead, the emphasis has shifted towards record producers prepared, to a significant extent, to develop ideas, sounds and arrangements as recording progresses using the new technical and creative freedoms granted to them by multi-track recording technology. The advent of multi-track recording has meant that the recording studio has evolved from a place where live recordings were merely faithfully recorded to a place where recorded performances are processed and manipulated as part of a much more complex recording process. The results are often breathtaking even though they may bear little resemblance to the original performances which were recorded. Today's record buyers have become accustomed to the dazzling productions which modern recording processes are capable of sustaining. First class studio production is now crucial to the success of every sound recording. 6. THE CHANGING ROLE OF THE PRODUCER Although relatively unsophisticated by today's standards, the development of the early 4 track studios in the 1960's marked the arrival of the 'name' record producers who were masters of both the creative and technical aspects of making recordings. One such record producer is Re-Pro (UK)'s President, Sir George Martin, CBE, who produced, for example, 'Sergeant Peppers Lonely Hearts Club Band' by the Beatles, one of the most successful albums of its time. Whilst the Beatles were without doubt outstanding songwriters and performers, the finished recordings owed much to the patience, skill and direction of a perfectionist prepared to squeeze the utmost from the songs and performances of the Beatles using the four track facilities available. Although George Martin's role as producer of the Beatles has been universally acclaimed for its technical and creative excellence (he was regularly described as the fifth Beatle), up until 1965 he only received a salary in respect of the recordings which he had produced in his capacity as an employee of EMI Records. He was, however, instrumental in redefining the role of record producer from that of a person who merely assembled the creative and technical talent needed for making a sound recording to a person whose own creative and technical talents are crucial to the commercial success of sound recordings. Many modern recording studios enjoy highly sophisticated facilities and now offer multi-tracking facilities in excess of 64 tracks. Although there are now more tracks available, the principle of creating recordings in layers is essentially no different from that applicable to the early four track studios. Furthermore, for the past 15 years or so computers called 'sequencers' have provided an additional realm of multi-track recording possibilities. A sequencer is a device for recording all characteristics of a musical performance as a series of numerical (digital) codes. Each characteristic, be it the pitch, duration, strength, time and treatment of each musical note is stored as a single event. The device allows the performance, once recorded, to be modified (edited or corrected) in great detail. The process of inputting musical information into a sequencer is known as programming - a task which is often performed, directed or supervised by the producer. Most modern studios also enjoy a huge range of signal processing facilities which can fundamentally alter the characteristics of the 'original' source sounds to be recorded and there are also digital 'sampling' facilities available which allow producers to digitally record a sample of an artist's performance and manipulate the data recorded so as to alter timing, pitch and timbre at will. Modern mixing desks, which are used to 'mix' together the individual tracks recorded to produce the definitive stereo version of the recording reproduced on records, employ computer technology to give the producer almost total flexibility when mixing recordings. These later developments have meant that the recording process has evolved from passive fixation into an active and dynamic creative process in its own right. Similarly the role of those charged with supervising that process - record producers - has evolved from one of general supervision to a hands on creative and artistic role of pivotal importance. 7. THE ROLE OF RECORD PRODUCERS TODAY For the purposes of this section of our submission we have divided sound recordings into two broad categories of recorded music, namely: contemporary 'pop' music; and 'classical' or orchestral music. Crudely speaking and acknowledging that some European countries have slightly different broadcasting priorities, pop music accounts for approximately 90% of record sales and broadcast uses and classical music 10%. The role of the record producer when recording each of those categories of music is different and is therefore described separately below. (A) ROLE OF PRODUCERS - Pop Music The majority of recording artists do not have the expertise to produce their own recordings. Record companies do not have that expertise either. Record companies almost always engage a freelance record producer to direct and supervise recording sessions. All successful record producers have a sound grasp of modern recording techniques. However, it is important to understand that those techniques are only the record producer's tools. The art of producing fine recordings is distinct from the techniques used to pursue that art. Thus, while a Stradivarius cannot make good music without a good violinist, so a top quality recording studio cannot create good recordings without a good producer. The better the violinist, the better the music. The better the producer, the better the finished recorded product. It is also important to understand that although the technical expertise of record producers is important, it is less important than their creative and artistic capabilities. One important element of the record producer's role is to listen to the raw performances of the performers and to imagine what type of 'sound' and 'artistic feel' the finished recording based on those performances should have. This is a defining moment in the creative process. These creative ideas must be accompanied by the ability to direct and supervise the recording process so that imagination becomes reality in the form of high quality finished recordings. Both elements require high levels of skill and artistry. It is usually a record producer's imagination and artistry rather than purely technical ability which leads a record company to engage him in preference to another. No two record producers share the same imagination or methods and they are likely to produce radically different results from the same raw material. Record producers are every bit as much artists and creators as those who are regarded as 'performers' in the traditional sense. A producer has technical skills but, as with any other artist, it is the creative ends to which those skills are employed that distinguishes a great producer from the rest. A record producer is capable of transforming the songs and performances which he records. His activities pervade every element of the recording process from writing and arranging to mixing the finished master tape. Yet it is the very diversity of the producer's role which has caused it to elude definition hitherto. Legal definitions tend to recognise 'performers' merely in the traditional sense as being those who play instruments and sing and 'producers' as those responsible for first fixation (that is to say record companies). Ironically, record companies themselves have no doubts whosoever about the importance of choosing the right studio producer for a particular project. Record companies recognise that the two crucial parties required to make a good recording are the featured artist and the record producer. One will not work without the other but both are indispensable. That is why featured artists and producers receive a royalty on the sale of records in contrast to session players and studio owners who merely receive a fee for services rendered and facilities provided. The fact that record producers are themselves artists has long been recognised as commercial reality by record companies. That fact is eloquently expressed in the following quote from an article written by a representative of the 'IFPI', an international organisation which represents record companies' interests throughout the world: 'In the early days of sound recording, the phonogram (sound recording) was merely a fixation which sought to do no more than to reproduce, as faithfully as possible, the sounds being recorded, and only involved technical skill. Today, with the increasing sophistication of recording techniques, record production is an art which may be exercised with as much creativity and skill as that involved in composing a piece of music.' (IAEL 1990) (B) ROLE OF PRODUCERS - Orchestral Music (i) General Role In contemporary pop music, the role of the studio producer has been recognised as integral and vital to the creation of successful products for some time but the development of multi-track and digital recording techniques has signaled similar changes in the role of studio producers working in the 'classical' music field. The process of recording orchestras and smaller ensembles of classical musicians and singers was, originally, a largely technical one, the main task being to ensure that a clean, balanced and undistorted recording of a single performance was 'fixed' in a medium such as acetate discs or on magnetic tape. The development of multi-track recording afforded the same opportunities to correct, augment and edit performances in the classical realm as it did for pop music and it was in these areas of additional flexibility that studio producers began to exercise a great creative influence. (ii) Editing and mixing The ability to combine parts of various different 'takes' from recordings of performances of the same work provides for the studio producer a responsibility to choose which performance is best or at least most compatible with elements on other recorded takes of the same work. This is a highly valued creative skill requiring consummate musical knowledge and sensitivity and which greatly influences both the musical quality and commercial viability of the recording. Where a conductor is steering the performances in an orchestral recording he will most often rely upon the studio producer's judgment regarding many of the artistic decisions which will govern the direction of the recording and hence the quality of the final product. Such questions as tempo, phrasing, the balance between the individual instruments and the various sections of the orchestra will be decided only after consultation between the studio producer and the orchestral conductor. In addition, observations and judgments about the quality of the musical performances, wrong notes, incorrect inflections, pitching, style and intonation and whether the ensemble are playing sufficiently 'together' will be made by the studio producer and remedied in consultation with the conductor and the leading players. The musical performances that take place in the recording room of the studio are in many cases directed by the studio producer being made on the control room side of 'the glass' (soundproof window). Multi-track, discontinuous recording techniques that are invariably used to record orchestral music today have introduced a new reality in terms of the precise stage at which artistic direction takes place. Often, the first stage is to record a number of takes of the same work performed by the orchestral musicians under the combined direction of the conductor in the recording room and the studio producer in the control room. Both the conductor and the studio producer exercise an artistic influence over the proceedings as described above. The second stage of the process, after the musicians have gone home, is editing which is described above. The third stage is the mix. The mix gives the studio producer the opportunity to recreate a composite of optimum takes and performances adjusting, where necessary, the relative levels of individual instruments and, by the judicious application of auxiliary electronic effects, smoothing-out idiosyncrasies in the timbre and depth of the overall sound. Where a conductor has been involved in the first part of the process the creative choices will at least be shared with the studio producer but in recordings of small ensembles, singers or soloists with piano accompaniment who do not use a conductor, the creative choices are made almost entirely by the studio producer and the performers will rely upon his judgment. In addition to the creative choices to be made in a multi-track recording, there are also many circumstances in which a recording is made directly to two-track stereo. Such recordings are often of orchestral works that can only be adjusted by re-recording and creative editing, a process which demands great artistic skill and creative sensibility. 8. THE RECORD PRODUCER COMPARED WITH THE ORCHESTRAL CONDUCTOR Many senior representatives of neighbouring rights collection societies that deal with neighbouring rights income acknowledge that record producers are 'performers' in the wider sense and deserve a full share of neighbouring rights income received by other performers either as a matter of right or practice. They also acknowledge that it is only the outdated concept of 'performer' adopted in international treaties and national legislation alike which prevents record producers from claiming a share of that neighbouring rights income as of right. A similar anomaly has existed in relation to conductors of orchestral recordings. However, although the definition of 'performer' in the 1961 Rome Convention does not include conductors, the Diplomatic Conference which preceded it worked out a scheme of practice whereby conductors could be paid a share of neighbouring rights income from the relevant collection societies. This means that although conductors do not enjoy the substantive rights of performers, they nevertheless enjoy quasi-economic rights against the collection societies as a matter of established practice. The neighbouring right collection societies, which allocate shares of revenue according to the role of the participants, use various weighting schemes to differentiate between the value of particular roles to the sound recording. Invariably, the conductor is allocated a middle weighting, reflecting the value of his contribution and despite the fact that conductors do not qualify as performers. Few people would argue that conductors do not render a performance, albeit a silent one, and it seems churlish and anachronistic for this anomaly to be maintained when there is an appropriate opportunity to make a change which will bring the definition of performer up-to-date with the contemporary reality. There is general agreement, even expressed in the debate in the societies themselves, that the moral case for studio producers participating in neighbouring rights revenues is very strong. It is clear that in the modern recording process, no matter what genre of music is being recorded, the role of the studio producer is analogous to that of an orchestral conductor - responsibility for interpretation, balance, tempo, solo and ensemble performance quality are at least shared with the studio producer in orchestral recording and usually abdicated entirely to the studio producer in the context of pop recordings. In discussing the comparison between the roles of conductor and studio producer such terms as 'quasi-conductor' or even 'mini-conductor' have been suggested as possible descriptions which would allow studio producers to fit in with the existing systems of neighbouring rights remuneration. Although such a compromise might appear to go some way toward resolving the question, studio producers or sound directors throughout Europe believe that the time when their role as performers is appropriately recognised in its own right is long overdue. 9. RIGHTS OF RECORD PRODUCERS AND PERFORMERS In the United Kingdom, current legislation allows a performer to prevent others from recording and/or broadcasting so-called 'qualifying performances' without that performer's consent. This means that when a performer grants a record company the right to record his performances, there is an opportunity, at least in theory, for that performer to demand from the record company a share of the income received by the record company from the performance, broadcast and rental of his recorded performances. In reality, the stronger bargaining power of record companies invariably enables them to require that performers contractually forego any right to receive a share of this income. Similarly, contracts of engagement between record companies and record producers require the record producer to acknowledge that all rights (including economic rights) in the relevant sound recordings are owned by the record company alone. Whatever rights of authorship may otherwise have been vested in the producer are completely removed by those contracts of engagement. Those contracts never contain a contractual right for the record producers to receive part of performance, broadcast and rental income from the record company. If, under the laws of the EC and the proposed terms of the New Instrument, performers are to become entitled to economic and other rights which transcend the provisions of their recording agreements with record companies, it would be no more than fair and a recognition of commercial reality to ensure that record producers enjoy similar rights in relation to sound recordings produced by them. This fairness and commercial reality has already been recognised in Germany where Section 73 of the Copyright Act defines 'performers' (and thus extends protection to) as persons who recite, perform or represent a work or else participate in an artistic manner in the recitation, performance, or representation of the work. This definition extends legal protection to film directors and record producers and enables them to enjoy significant economic and other rights in consequence. It is perhaps ironic that record producers from the United Kingdom who produce sound recordings in the United Kingdom do not receive any income from the performance and broadcast of those sound recordings in the United Kingdom but are able as of right to claim a share of performance and broadcast income arising from the performance and broadcast of those same recordings in Germany. It is also ironic that record producers from the UK are acknowledged by the German collection society GVL whereas German producers, when they are called 'Tonmeisters', are not. 10. PROPOSED ALTERNATIVE DEFINITION OF 'PERFORMERS' IN THE NEW INSTRUMENT We submit that the proposed definition of 'performers' contained in the New Instrument should be amended to read as follows:- 'performers' are actors, singers, musicians, dancers, directors and other persons who act, sing, deliver, declaim, play in or otherwise perform or participate in an artistic manner in the performance or recording of literary or artistic works of all kinds (including musical works) or expressions of folklore, as well as variety and circus artists. GLOSSARY OF TECHNICAL TERMS Whilst every effort has been made to avoid the use of technical terms and jargon, it is sometimes inevitable and the following is designed to clarify some of the terms and procedures undertaken in the modern recording process. (a) DIGITAL AND ANALOGUE RECORDINGS A digital device records sound as a series of binary digits or pulses which are either on or off. These pulses are then read from the tape and reassembled to play back the original sound. Each pulse is a part of single 'snap-shot' or sample of the sound and the device is capable of recording more than 44,000 samples per second. If we imagine the digital 'on' and 'off' pulses to be represented by black and white, a digital recording might be represented by an irregular network of black and white squares. An analogue device records and plays back sound on a continuum of variable electronic waveforms - and an analogue recording might be represented by an area of smoothly changing shades of grey. One of the main benefits of digital recording is that no additional hiss or noise is added to the playback by virtue of the tape medium itself, which is not the case with an analogue system. To illustrate this point, consider the process of recording 'silence' on to each of a digital and analogue tape. When both tapes are played back, the digital tape will play silence, but the analogue tape will play a hiss or noise produced by the tape itself. The second main benefit derived from recording digitally is that further digital recordings can be made of an original digital recording without deterioration. This is not true of analogue technology. The first digital recordings available to be played by the consumer were Compact Discs (CD's), introduced to the public in the 1980's. Prior to their introduction, only vinyl analogue records and tapes were available domestically, even though the original performances may well have been recorded on digital equipment. For further, more detailed discussion of the subject of digital recording, see 'The Art of Digital Recording' by John Watkinson. (b) SEQUENCER/SEQUENCER SOFTWARE A sequencer is a device for recording all characteristics of a musical performance as a series of numerical (digital) codes. Each characteristic, be it the pitch, duration, strength, time and treatment of each musical note is stored as a single event. The device allows the performance, once recorded, to be modified (edited or corrected) in great detail. The process of inputting musical information into a sequencer is known as programming. The sequence of digital codes can be transmitted via a connection system known as Musical Instrument Digital Interface (MIDI) to other devices known as sound modules. These modules synthesise the sound characteristics of musical instruments using various electronic methods. Other devices known as samplers can also be addressed via a MIDI connection. A sampler can : (1) provide access to a digital recording of a 'real' instrument or a natural sound which can then be manipulated to create a new sound which can be made to respond to a keyboard performance. (2) provide access to an existing recording or a part of an existing recording that can be manipulated, copied and repeated to extend its playing time and thus be utilised to form the basis of a new recording. [Where samples are used in a new recording, the contributors/owners of the original recording and the creators/owners of the underlying musical work are (often) entitled to participate in revenues generated by the new recording.] One of the benefits of recording music on a sequencer is that any sound or synthesised instrument can be allocated to any performance right up until the very last moment before the final mix-down or mix. (See below.) A record producer may choose to change the sounds of the instruments as the process of recording progresses. It is not necessary, and is sometimes a disadvantage, to commit the sequenced recordings to magnetic tape although it may be that a digital fixation of the performance has already taken place once it is saved within the computer. A single sequencer may be able to record a large number of musical performances on separate tracks which, when played together, can re-create a complete multi-instrument ensemble. The set of recorded performances, sequenced or otherwise, that comprise the instrumental part of a song are often collectively known as the backing track. (c) MULTI-TRACK RECORDING AND MIXING A multi-track recording is one which allows the discrete recording of separate elements of a song to be stored on separate tracks within a single piece of magnetic tape or in the memory of a sequencer. One of the principal facilities of multi-track recording is that it enables a recorded work to be built-up over a long period of time. Discontiguous recording is normal procedure in most recordings of 'pop' music and many studio recordings of orchestral works are also recorded discontiguously on multi-track tape formats and then edited to ensure that the best elements of each performance are combined to produce the final released master. Additional performances by principal singers, instrumental or vocal ensembles, specialist musicians etc., may be added using multi-track technology. Each element can then be separately treated and balanced to form a cohesive mix. The control of such balancing and the application of any electronic adjustments that may be thought necessary and also the application of any auxiliary effects thought appropriate is usually handled by an engineer following the instructions of a producer or a sound director using a mixing desk or console. The mix is the stage in the recording process when all the different performances making up the song are blended and balanced to create a cohesive, usually stereo, recording. The final mix may be called the master and overall responsibility for what the master comprises, its balance and its artistic direction falls to the sound director (studio producer). (d) LEAD VOCALS The principal melody and lyric of a 'pop' song is contained in what is known as the Lead Vocal which is incorporated into the final mix and is sometimes the most difficult to record. A singer knows that the quality of the lead vocal will have considerable impact upon whether or not the recording is successful. It is the job of the sound director (studio producer) to elicit the best possible performance from the vocalist. The sound director responsible for recording the Lead Vocal has priority in circumstances where there is a claim for royalty income relating to a re-mix or re-use of an existing recording as a part of a new recording. At any level of presentation, be it for demonstration purposes or for incorporation in a final mix, the prominence of a lead vocal usually warrants special attention. Various electronic treatments such as echoes and delays will be added to enhance its apparent quality. (e) TREATMENTS - AUXILIARY EFFECTS ON INSTRUMENTS/VOICES It is usual for special treatments or auxiliary effects such as echoes and delays to be added at the final mix-down stage of the recording process. Treatments and effects such as echo, reverberation and compression can be applied to individual tracks within a recording or to the overall recorded sound. The satisfactory creation and application of electronic treatments requires a great deal of musical sensitivity as well as technical knowledge and is not restricted to any particular musical genre, however, nearly every musical recording will require such treatments to convey how the intended finished version should sound. The design and creation of the audio picture which best suits a particular recording is almost invariably the responsibility of the studio producer.

Esda Submission

ESDA Submission to WIPO on the proposed 'New Instrument'

WIPO is the World Intellectual Property Organisation which, based in Geneva, is the body responsible for considering how intellectual property is treated in international treaties and the domestic laws of the countries of the world. WIPO is currently considering changes to the existing Berne Convention which includes a definition of 'performers' which we and others believe is outdated and redundant.

This is a copy of our submission to WIPO regarding the position of the profession of 'Sound Director' or 'Record Producer' in the context of the definition of 'performers' in the forthcoming 'New Instrument' and changes to other international treaties.

This submission represents the views of the European Sound Directors' Association, an affiliation of organisations which represent record producers, sound directors and audio engineers throughout Europe. This submission is intended to be supplemented by additional material presented by the national organisations to reflect the position that exists in the particular countries concerned.

We are aware that the agenda for the Diplomatic Conference (to be held in Geneva in December) has largely been set and that we are asking that WIPO consider this contribution, even though it is presented at a very late stage.

We believe that in order for the 'New Instrument' and other changes to international treaties to effectively reflect the realities of current recording practices, it is important for the Diplomatic Conference to take into account the position and experience of our profession.

(A) INTRODUCTION

This document is submitted on behalf of the EUROPEAN SOUND DIRECTORS ASSOCIATION (ESDA) and sets out the views of the members of ESDA's affiliated organisations in relation to a proposed New Instrument on the Rights of Phonogram Producers.

(B) STATEMENT OF PURPOSE

The purpose of this document is to submit our view that the proposed definition of 'performer' contained in the New Instrument should be amended so as to reflect the reality of the recording process of today so as to include those creative individuals who are colloquially known as record producers.

(C) TABLE OF CONTENTS

1. INTRODUCTION TO ESDA AND RE-PRO INTERNATIONAL

2. (A)TECHNICAL TERMINOLOGY
(B)ENGINEERS

3. DEFINITIONS - 'RECORD COMPANY' AND 'RECORD PRODUCER'

4. THE HISTORICAL ROLE OF THE RECORD PRODUCER

5. THE DEVELOPMENT OF MULTI-TRACK RECORDING TECHNIQUES

6. THE CHANGING ROLE OF THE PRODUCER

7. THE ROLE OF RECORD PRODUCERS TODAY
(A) PRODUCERS OF POP RECORDINGS
(B) PRODUCERS OF ORCHESTRAL RECORDINGS

8. THE RECORD PRODUCER COMPARED WITH THE ORCHESTRAL CONDUCTOR

9. RIGHTS OF RECORD PRODUCERS AND PERFORMERS

10. ALTERNATIVE DEFINITION OF 'PERFORMERS' IN THE NEW INSTRUMENT

GLOSSARY OF TECHNICAL TERMS

11. INTRODUCTION TO E.S.D.A AND RE-PRO INTERNATIONAL.

(A) E.S.D.A. - THE EUROPEAN SOUND DIRECTORS' ASSOCIATION

The European Sound Directors' Association is a grouping of organisations that represent recording producers and sound directors throughout continental Europe (not exclusively from EU member countries) which has recently been formed to focus upon the issues of intellectual property rights in the context of changes to European laws and international treaties. The European Sound Directors' Association will endeavour to co-ordinate the efforts of studio producer and sound director organisations with their submissions to the EU Commission, WIPO and other bodies.

As of July 1996, ESDA is made up of 10 organisations:

APIA - Spain
ASD - Russia
GONG - The Netherlands
GRAF - France
OTMV - Austria
Re-Pro Greece - Greece
Re-Pro Italia - Italy
Re-Pro (UK) - United Kingdom
VDT - Germany
SSES - Sweden

It is expected that a new organisation that is being formed in Denmark will, in due course, become affiliated to ESDA.

(B) RE-PRO INTERNATIONAL

The European Sound Directors' Association is a focus group of Re-Pro International which was formed in 1995 as an umbrella organisation to co-ordinate the activities of studio producer organisations throughout the world. In addition to its ESDA member organisations, Re-Pro International has attracted affiliates from USA (various inc. SPARS) and China (CARE).

2. (A) TECHNICAL TERMINOLOGY

A glossary is attached to the back of this submission. The glossary contains an explanation of many of the technical terms used in this submission.

(B) ENGINEERS

Many of the ESDA organisations include audio engineers or re-mix engineers amongst their membership. The ESDA organisations acknowledge that those of their members who act solely as technicians have no claim to neighbouring rights remuneration for work which does not make a creative contribution to a sound recording.

3. DEFINITIONS - 'RECORD COMPANY' AND 'RECORD PRODUCER'

The meaning of the word 'producer' is fundamental to the issues raised in this document. At present the word is used by various parties to mean completely different things. The reasons for this confusion are largely historical. In the context of international legal definition, the word 'phonogram producer' refers to record companies - corporations which engage artists and studio producers to make sound recordings for the purpose of commercial exploitation.

When EC Directives and international treaties refer to 'producers' and 'phonogram producers' they are usually referring to what we would call a record company. However, in colloquial usage within the industry throughout the world the word 'producer' or the term 'record producer' would be understood to be that individual person responsible for the process of directing and supervising all the creative and other aspects of making sound recordings. In relation to motion pictures the equivalent role would be that of the film director.

In some European countries the role has been described 'Sound Director' and the European Association of Sound Directors, although a group of organisations whose members would describe themselves as 'producers', 'record producers' or 'studio producers', has adopted this term as being the one which most accurately conveys the meaning of the role of those engaged in the profession.

For the sake of clarity we have adopted distinct definitions for the two roles as follows:-

'record producer' means the individual person whose principal role it is to direct and supervise the creative aspects involved in making a sound recording.

[Also known as 'producer', 'sound director', and 'studio producer']

'record company' means commercial concerns whose business includes the commercial exploitation of sound recordings.

4. THE HISTORICAL ROLE OF THE RECORD PRODUCER

Up until the mid 1960's record producers were almost invariably engaged as salaried employees of record companies. In those days, the record producer was far less important to the artistic quality and commercial value of the finished recording than he is today. His role tended to be confined to supervising various administrative aspects of the recording sessions such as booking studios and engaging a sound engineer. His creative role was usually confined to engaging a third party 'arranger' to arrange the musical work to be performed and to choose the most appropriate musicians.

At that time recording studios used basic recording equipment designed to merely reproduce, as faithfully as possible, the performances of the performers. The artistic and commercial quality of the finished recording therefore relied more or less exclusively on the ability of performers to perform 'live'.

5. THE DEVELOPMENT OF MULTI-TRACK RECORDING TECHNIQUES

It was only in the late 1960's that multi-track recording facilities first became widely available and it was this development which largely precipitated the changing role of the record producer.

Multi-track recording studios use tape recorders which allow recordings to be built-up in stages rather than in a single 'take'. This is achieved by the use of special recording and playback heads on the tape recorders which are divided up into separate 'sections' or 'tracks' which are capable of discretely recording sounds on to one or more of the corresponding 'tracks' on the tape being passed across it. Each track can be recorded (or played back) independently of the others. A simple analogy would be to imagine a number of individual tape recorders being used simultaneously, but all being synchronised together.

For example, early multi-track tape recorders capable of recording, say, 'four tracks' could use Track 1 to record drums and bass; guitars and, say, piano could be allocated to Track 2, lead vocals to Track 3 and vocal harmonies and percussion to Track 4. Furthermore, multi-track technology allows one track to be used to record whilst other pre-recorded tracks can be simultaneously played back. This means that all the instrumental parts of a song can be recorded and finalised before the vocalist performs.

Since multi-track recording may comprise several discrete performances, it is possible to isolate individual constituent parts of such a recording and to listen and vary those parts an infinite number of times. Further material may also be recorded in a way which does not interfere with the tracks already recorded. Thus infinite experimentation in trying out combinations of recorded sounds is possible. The final process would usually involve balancing the individual constituent parts so that they form a cohesive 'mix' of all the separate performances creating what appears to be a 'single' performance.

The advent of multi-track recording has taken the emphasis in the recording process away from those performers and arrangers whose task was to ensure that a complete performance was delivered and recorded together in one take. Instead, the emphasis has shifted towards record producers prepared, to a significant extent, to develop ideas, sounds and arrangements as recording progresses using the new technical and creative freedoms granted to them by multi-track recording technology.

The advent of multi-track recording has meant that the recording studio has evolved from a place where live recordings were merely faithfully recorded to a place where recorded performances are processed and manipulated as part of a much more complex recording process. The results are often breathtaking even though they may bear little resemblance to the original performances which were recorded. Today's record buyers have become accustomed to the dazzling productions which modern recording processes are capable of sustaining. First class studio production is now crucial to the success of every sound recording.

6. THE CHANGING ROLE OF THE PRODUCER

Although relatively unsophisticated by today's standards, the development of the early 4 track studios in the 1960's marked the arrival of the 'name' record producers who were masters of both the creative and technical aspects of making recordings. One such record producer is Re-Pro (UK)'s President, Sir George Martin, CBE, who produced, for example, 'Sergeant Peppers Lonely Hearts Club Band' by the Beatles, one of the most successful albums of its time. Whilst the Beatles were without doubt outstanding songwriters and performers, the finished recordings owed much to the patience, skill and direction of a perfectionist prepared to squeeze the utmost from the songs and performances of the Beatles using the four track facilities available.

Although George Martin's role as producer of the Beatles has been universally acclaimed for its technical and creative excellence (he was regularly described as the fifth Beatle), up until 1965 he only received a salary in respect of the recordings which he had produced in his capacity as an employee of EMI Records. He was, however, instrumental in redefining the role of record producer from that of a person who merely assembled the creative and technical talent needed for making a sound recording to a person whose own creative and technical talents are crucial to the commercial success of sound recordings.

Many modern recording studios enjoy highly sophisticated facilities and now offer multi-tracking facilities in excess of 64 tracks. Although there are now more tracks available, the principle of creating recordings in layers is essentially no different from that applicable to the early four track studios. Furthermore, for the past 15 years or so computers called 'sequencers' have provided an additional realm of multi-track recording possibilities. A sequencer is a device for recording all characteristics of a musical performance as a series of numerical (digital) codes. Each characteristic, be it the pitch, duration, strength, time and treatment of each musical note is stored as a single event. The device allows the performance, once recorded, to be modified (edited or corrected) in great detail. The process of inputting musical information into a sequencer is known as programming - a task which is often performed, directed or supervised by the producer.

Most modern studios also enjoy a huge range of signal processing facilities which can fundamentally alter the characteristics of the 'original' source sounds to be recorded and there are also digital 'sampling' facilities available which allow producers to digitally record a sample of an artist's performance and manipulate the data recorded so as to alter timing, pitch and timbre at will.

Modern mixing desks, which are used to 'mix' together the individual tracks recorded to produce the definitive stereo version of the recording reproduced on records, employ computer technology to give the producer almost total flexibility when mixing recordings.

These later developments have meant that the recording process has evolved from passive fixation into an active and dynamic creative process in its own right. Similarly the role of those charged with supervising that process - record producers - has evolved from one of general supervision to a hands on creative and artistic role of pivotal importance.

7. THE ROLE OF RECORD PRODUCERS TODAY

For the purposes of this section of our submission we have divided sound recordings into two broad categories of recorded music, namely: contemporary 'pop' music; and 'classical' or orchestral music.

Crudely speaking and acknowledging that some European countries have slightly different broadcasting priorities, pop music accounts for approximately 90% of record sales and broadcast uses and classical music 10%.

The role of the record producer when recording each of those categories of music is different and is therefore described separately below.

(A) ROLE OF PRODUCERS - Pop Music

The majority of recording artists do not have the expertise to produce their own recordings. Record companies do not have that expertise either. Record companies almost always engage a freelance record producer to direct and supervise recording sessions.

All successful record producers have a sound grasp of modern recording techniques. However, it is important to understand that those techniques are only the record producer's tools. The art of producing fine recordings is distinct from the techniques used to pursue that art. Thus, while a Stradivarius cannot make good music without a good violinist, so a top quality recording studio cannot create good recordings without a good producer. The better the violinist, the better the music. The better the producer, the better the finished recorded product.

It is also important to understand that although the technical expertise of record producers is important, it is less important than their creative and artistic capabilities. One important element of the record producer's role is to listen to the raw performances of the performers and to imagine what type of 'sound' and 'artistic feel' the finished recording based on those performances should have. This is a defining moment in the creative process. These creative ideas must be accompanied by the ability to direct and supervise the recording process so that imagination becomes reality in the form of high quality finished recordings. Both elements require high levels of skill and artistry. It is usually a record producer's imagination and artistry rather than purely technical ability which leads a record company to engage him in preference to another. No two record producers share the same imagination or methods and they are likely to produce radically different results from the same raw material.

Record producers are every bit as much artists and creators as those who are regarded as 'performers' in the traditional sense. A producer has technical skills but, as with any other artist, it is the creative ends to which those skills are employed that distinguishes a great producer from the rest.

A record producer is capable of transforming the songs and performances which he records. His activities pervade every element of the recording process from writing and arranging to mixing the finished master tape. Yet it is the very diversity of the producer's role which has caused it to elude definition hitherto. Legal definitions tend to recognise 'performers' merely in the traditional sense as being those who play instruments and sing and 'producers' as those responsible for first fixation (that is to say record companies).

Ironically, record companies themselves have no doubts whosoever about the importance of choosing the right studio producer for a particular project. Record companies recognise that the two crucial parties required to make a good recording are the featured artist and the record producer. One will not work without the other but both are indispensable. That is why featured artists and producers receive a royalty on the sale of records in contrast to session players and studio owners who merely receive a fee for services rendered and facilities provided. The fact that record producers are themselves artists has long been recognised as commercial reality by record companies.

That fact is eloquently expressed in the following quote from an article written by a representative of the 'IFPI', an international organisation which represents record companies' interests throughout the world:

'In the early days of sound recording, the phonogram (sound recording) was merely a fixation which sought to do no more than to reproduce, as faithfully as possible, the sounds being recorded, and only involved technical skill. Today, with the increasing sophistication of recording techniques, record production is an art which may be exercised with as much creativity and skill as that involved in composing a piece of music.' (IAEL 1990)

(B) ROLE OF PRODUCERS - Orchestral Music

(i) General Role

In contemporary pop music, the role of the studio producer has been recognised as integral and vital to the creation of successful products for some time but the development of multi-track and digital recording techniques has signaled similar changes in the role of studio producers working in the 'classical' music field. The process of recording orchestras and smaller ensembles of classical musicians and singers was, originally, a largely technical one, the main task being to ensure that a clean, balanced and undistorted recording of a single performance was 'fixed' in a medium such as acetate discs or on magnetic tape. The development of multi-track recording afforded the same opportunities to correct, augment and edit performances in the classical realm as it did for pop music and it was in these areas of additional flexibility that studio producers began to exercise a great creative influence.

(ii) Editing and mixing

The ability to combine parts of various different 'takes' from recordings of performances of the same work provides for the studio producer a responsibility to choose which performance is best or at least most compatible with elements on other recorded takes of the same work. This is a highly valued creative skill requiring consummate musical knowledge and sensitivity and which greatly influences both the musical quality and commercial viability of the recording. Where a conductor is steering the performances in an orchestral recording he will most often rely upon the studio producer's judgment regarding many of the artistic decisions which will govern the direction of the recording and hence the quality of the final product. Such questions as tempo, phrasing, the balance between the individual instruments and the various sections of the orchestra will be decided only after consultation between the studio producer and the orchestral conductor. In addition, observations and judgments about the quality of the musical performances, wrong notes, incorrect inflections, pitching, style and intonation and whether the ensemble are playing sufficiently 'together' will be made by the studio producer and remedied in consultation with the conductor and the leading players. The musical performances that take place in the recording room of the studio are in many cases directed by the studio producer being made on the control room side of 'the glass' (soundproof window).

Multi-track, discontinuous recording techniques that are invariably used to record orchestral music today have introduced a new reality in terms of the precise stage at which artistic direction takes place. Often, the first stage is to record a number of takes of the same work performed by the orchestral musicians under the combined direction of the conductor in the recording room and the studio producer in the control room. Both the conductor and the studio producer exercise an artistic influence over the proceedings as described above.

The second stage of the process, after the musicians have gone home, is editing which is described above.

The third stage is the mix. The mix gives the studio producer the opportunity to recreate a composite of optimum takes and performances adjusting, where necessary, the relative levels of individual instruments and, by the judicious application of auxiliary electronic effects, smoothing-out idiosyncrasies in the timbre and depth of the overall sound.

Where a conductor has been involved in the first part of the process the creative choices will at least be shared with the studio producer but in recordings of small ensembles, singers or soloists with piano accompaniment who do not use a conductor, the creative choices are made almost entirely by the studio producer and the performers will rely upon his judgment.

In addition to the creative choices to be made in a multi-track recording, there are also many circumstances in which a recording is made directly to two-track stereo. Such recordings are often of orchestral works that can only be adjusted by re-recording and creative editing, a process which demands great artistic skill and creative sensibility.

8. THE RECORD PRODUCER COMPARED WITH THE ORCHESTRAL CONDUCTOR

Many senior representatives of neighbouring rights collection societies that deal with neighbouring rights income acknowledge that record producers are 'performers' in the wider sense and deserve a full share of neighbouring rights income received by other performers either as a matter of right or practice. They also acknowledge that it is only the outdated concept of 'performer' adopted in international treaties and national legislation alike which prevents record producers from claiming a share of that neighbouring rights income as of right.

A similar anomaly has existed in relation to conductors of orchestral recordings. However, although the definition of 'performer' in the 1961 Rome Convention does not include conductors, the Diplomatic Conference which preceded it worked out a scheme of practice whereby conductors could be paid a share of neighbouring rights income from the relevant collection societies. This means that although conductors do not enjoy the substantive rights of performers, they nevertheless enjoy quasi-economic rights against the collection societies as a matter of established practice.

The neighbouring right collection societies, which allocate shares of revenue according to the role of the participants, use various weighting schemes to differentiate between the value of particular roles to the sound recording. Invariably, the conductor is allocated a middle weighting, reflecting the value of his contribution and despite the fact that conductors do not qualify as performers. Few people would argue that conductors do not render a performance, albeit a silent one, and it seems churlish and anachronistic for this anomaly to be maintained when there is an appropriate opportunity to make a change which will bring the definition of performer up-to-date with the contemporary reality.

There is general agreement, even expressed in the debate in the societies themselves, that the moral case for studio producers participating in neighbouring rights revenues is very strong. It is clear that in the modern recording process, no matter what genre of music is being recorded, the role of the studio producer is analogous to that of an orchestral conductor - responsibility for interpretation, balance, tempo, solo and ensemble performance quality are at least shared with the studio producer in orchestral recording and usually abdicated entirely to the studio producer in the context of pop recordings.

In discussing the comparison between the roles of conductor and studio producer such terms as 'quasi-conductor' or even 'mini-conductor' have been suggested as possible descriptions which would allow studio producers to fit in with the existing systems of neighbouring rights remuneration. Although such a compromise might appear to go some way toward resolving the question, studio producers or sound directors throughout Europe believe that the time when their role as performers is appropriately recognised in its own right is long overdue.

9. RIGHTS OF RECORD PRODUCERS AND PERFORMERS

In the United Kingdom, current legislation allows a performer to prevent others from recording and/or broadcasting so-called 'qualifying performances' without that performer's consent. This means that when a performer grants a record company the right to record his performances, there is an opportunity, at least in theory, for that performer to demand from the record company a share of the income received by the record company from the performance, broadcast and rental of his recorded performances.

In reality, the stronger bargaining power of record companies invariably enables them to require that performers contractually forego any right to receive a share of this income.

Similarly, contracts of engagement between record companies and record producers require the record producer to acknowledge that all rights (including economic rights) in the relevant sound recordings are owned by the record company alone. Whatever rights of authorship may otherwise have been vested in the producer are completely removed by those contracts of engagement. Those contracts never contain a contractual right for the record producers to receive part of performance, broadcast and rental income from the record company.

If, under the laws of the EC and the proposed terms of the New Instrument, performers are to become entitled to economic and other rights which transcend the provisions of their recording agreements with record companies, it would be no more than fair and a recognition of commercial reality to ensure that record producers enjoy similar rights in relation to sound recordings produced by them.

This fairness and commercial reality has already been recognised in Germany where Section 73 of the Copyright Act defines 'performers' (and thus extends protection to) as persons who recite, perform or represent a work or else participate in an artistic manner in the recitation, performance, or representation of the work. This definition extends legal protection to film directors and record producers and enables them to enjoy significant economic and other rights in consequence. It is perhaps ironic that record producers from the United Kingdom who produce sound recordings in the United Kingdom do not receive any income from the performance and broadcast of those sound recordings in the United Kingdom but are able as of right to claim a share of performance and broadcast income arising from the performance and broadcast of those same recordings in Germany. It is also ironic that record producers from the UK are acknowledged by the German collection society GVL whereas German producers, when they are called 'Tonmeisters', are not.

10. PROPOSED ALTERNATIVE DEFINITION OF 'PERFORMERS' IN THE NEW INSTRUMENT

We submit that the proposed definition of 'performers' contained in the New Instrument should be amended to read as follows:-

'performers' are actors, singers, musicians, dancers, directors and other persons who act, sing, deliver, declaim, play in or otherwise perform or participate in an artistic manner in the performance or recording of literary or artistic works of all kinds (including musical works) or expressions of folklore, as well as variety and circus artists.

GLOSSARY OF TECHNICAL TERMS

Whilst every effort has been made to avoid the use of technical terms and jargon, it is sometimes inevitable and the following is designed to clarify some of the terms and procedures undertaken in the modern recording process.

(a) DIGITAL AND ANALOGUE RECORDINGS

A digital device records sound as a series of binary digits or pulses which are either on or off. These pulses are then read from the tape and reassembled to play back the original sound. Each pulse is a part of single 'snap-shot' or sample of the sound and the device is capable of recording more than 44,000 samples per second. If we imagine the digital 'on' and 'off' pulses to be represented by black and white, a digital recording might be represented by an irregular network of black and white squares. An analogue device records and plays back sound on a continuum of variable electronic waveforms - and an analogue recording might be represented by an area of smoothly changing shades of grey.

One of the main benefits of digital recording is that no additional hiss or noise is added to the playback by virtue of the tape medium itself, which is not the case with an analogue system. To illustrate this point, consider the process of recording 'silence' on to each of a digital and analogue tape. When both tapes are played back, the digital tape will play silence, but the analogue tape will play a hiss or noise produced by the tape itself.

The second main benefit derived from recording digitally is that further digital recordings can be made of an original digital recording without deterioration. This is not true of analogue technology.

The first digital recordings available to be played by the consumer were Compact Discs (CD's), introduced to the public in the 1980's. Prior to their introduction, only vinyl analogue records and tapes were available domestically, even though the original performances may well have been recorded on digital equipment.

For further, more detailed discussion of the subject of digital recording, see 'The Art of Digital Recording' by John Watkinson.

(b) SEQUENCER/SEQUENCER SOFTWARE

A sequencer is a device for recording all characteristics of a musical performance as a series of numerical (digital) codes. Each characteristic, be it the pitch, duration, strength, time and treatment of each musical note is stored as a single event. The device allows the performance, once recorded, to be modified (edited or corrected) in great detail. The process of inputting musical information into a sequencer is known as programming.

The sequence of digital codes can be transmitted via a connection system known as Musical Instrument Digital Interface (MIDI) to other devices known as sound modules. These modules synthesise the sound characteristics of musical instruments using various electronic methods. Other devices known as samplers can also be addressed via a MIDI connection.

A sampler can :

(1) provide access to a digital recording of a 'real' instrument or a natural sound which can then be manipulated to create a new sound which can be made to respond to a keyboard performance.

(2) provide access to an existing recording or a part of an existing recording that can be manipulated, copied and repeated to extend its playing time and thus be utilised to form the basis of a new recording. [Where samples are used in a new recording, the contributors/owners of the original recording and the creators/owners of the underlying musical work are (often) entitled to participate in revenues generated by the new recording.]

One of the benefits of recording music on a sequencer is that any sound or synthesised instrument can be allocated to any performance right up until the very last moment before the final mix-down or mix. (See below.) A record producer may choose to change the sounds of the instruments as the process of recording progresses. It is not necessary, and is sometimes a disadvantage, to commit the sequenced recordings to magnetic tape although it may be that a digital fixation of the performance has already taken place once it is saved within the computer.

A single sequencer may be able to record a large number of musical performances on separate tracks which, when played together, can re-create a complete multi-instrument ensemble. The set of recorded performances, sequenced or otherwise, that comprise the instrumental part of a song are often collectively known as the backing track.

(c) MULTI-TRACK RECORDING AND MIXING

A multi-track recording is one which allows the discrete recording of separate elements of a song to be stored on separate tracks within a single piece of magnetic tape or in the memory of a sequencer.

One of the principal facilities of multi-track recording is that it enables a recorded work to be built-up over a long period of time. Discontiguous recording is normal procedure in most recordings of 'pop' music and many studio recordings of orchestral works are also recorded discontiguously on multi-track tape formats and then edited to ensure that the best elements of each performance are combined to produce the final released master.

Additional performances by principal singers, instrumental or vocal ensembles, specialist musicians etc., may be added using multi-track technology. Each element can then be separately treated and balanced to form a cohesive mix. The control of such balancing and the application of any electronic adjustments that may be thought necessary and also the application of any auxiliary effects thought appropriate is usually handled by an engineer following the instructions of a producer or a sound director using a mixing desk or console.

The mix is the stage in the recording process when all the different performances making up the song are blended and balanced to create a cohesive, usually stereo, recording. The final mix may be called the master and overall responsibility for what the master comprises, its balance and its artistic direction falls to the sound director (studio producer).

(d) LEAD VOCALS

The principal melody and lyric of a 'pop' song is contained in what is known as the Lead Vocal which is incorporated into the final mix and is sometimes the most difficult to record. A singer knows that the quality of the lead vocal will have considerable impact upon whether or not the recording is successful. It is the job of the sound director (studio producer) to elicit the best possible performance from the vocalist. The sound director responsible for recording the Lead Vocal has priority in circumstances where there is a claim for royalty income relating to a re-mix or re-use of an existing recording as a part of a new recording.

At any level of presentation, be it for demonstration purposes or for incorporation in a final mix, the prominence of a lead vocal usually warrants special attention. Various electronic treatments such as echoes and delays will be added to enhance its apparent quality.

(e) TREATMENTS - AUXILIARY EFFECTS ON INSTRUMENTS/VOICES

It is usual for special treatments or auxiliary effects such as echoes and delays to be added at the final mix-down stage of the recording process. Treatments and effects such as echo, reverberation and compression can be applied to individual tracks within a recording or to the overall recorded sound. The satisfactory creation and application of electronic treatments requires a great deal of musical sensitivity as well as technical knowledge and is not restricted to any particular musical genre, however, nearly every musical recording will require such treatments to convey how the intended finished version should sound. The design and creation of the audio picture which best suits a particular recording is almost invariably the responsibility of the studio producer.

Further reading