Guest Post: Taylor’s Guitar

By Charles J. Sanders

Recently, a viral video originating from Waxahachie, Texas made the social media rounds featuring the winning bidder of a Taylor Swift guitar immediately, publicly destroying it with the auctioneer’s hammer.  The perpetrator claims the stunt was intended as a light-hearted act of political satire protesting celebrity endorsements of a presidential candidate he does not support.  Most folks of a similar political bent cheered gleefully, while members of the other camp generally eye-rolled and shrugged their way through what appeared to be a somewhat more mean-spirited statement than the disgruntled, new owner was willing to acknowledge.  It’s tough to tell, but hey, free speech is free speech.

I suppose that in a world in which the legendary, guitar-smashing prowess of a Pete Townshend or Jimi Hendrix has long been celebrated, and in a country where Stan Laurel and Oliver Hardy turned the dismantling of upright pianos into an art form, perhaps the nonchalant reactions over the sad end to the icon’s former axe are understandable.  We are surely a country and a music community with bigger issues on our plate.  That reality, combined with the dangers of crying wolf being what they are, would ordinarily render the engagement in a humorless, long-winded diatribe against a gavel wielding, wannabe cowboy defacing a guitar a meaningless exercise. 

But in my role as chair of the National Music Council of the United States, the Congressionally-chartered umbrella organization of American music groups advocating for the advancement of musical culture and education, I feel obliged to at least offer reflections on what some may consider to be the far less-benign overtones of this seemingly trivial event. In simplest terms, the alternative of silence is made unacceptable by the ghastly results that such a non-response has produced in the past, particularly when it comes to the long, grim, global history of political violence against music creators and musical culture.  Shining a light just seems the better course.

Last year, it was NMC’s honor to host a series of discussions with several incredibly brave members of the international music community fighting to keep creators and their works safe from political harm.  One such hero of musical culture is Dr. Ahmad Sarmast, founder of the Afghanistan National Institute of Music currently in exile under the protection of the Government of Portugal.  Dr. Sarmast, who had nearly been beaten to death in previous run-ins with the ultra-rightist Taliban movement over his audacious teaching of young, female Afghani music students how to play musical instruments, was unsurprised that one of the first targets of the resurgent Taliban in 2021 was his world-renown music program. 

The group’s initial act in its renewed crackdown on infidelity was the burning not only the school’s instruments, but also of a large percentage of musical instruments throughout the entire country.  The teacher, his students and their families fled for their lives to Qatar and then Lisbon, where they remain two years later in defiant pursuit of musical creativity and freedom.  This week, meanwhile, the Taliban announced its intention to bar the artistic depiction “of any living thing” throughout Afghanistan pursuant to Sharia law.

The experiences of another international champion of artistic freedom NMC interviewed, Cambodian Living Arts organizational founder Arn Chorn Pond, serve as an even more fraught example of violent, music-related suppression and its horrific results.  Professor Pond, whose parents’ national opera company in Phenom Penh was one of the great gems of Southeast Asian musical culture, was a ten-year old flautist when ultra-leftist Khmer Rouge terrorists seized power in Cambodia during the mid-1970s.  The party’s first acts of cultural cleansing included the summary execution of most musicians and composers (including his parents and family), the destruction of virtually every traditional and modern musical instrument in the country, and the banning of all unapproved music on threat of death. 

The details of young Arn’s enslavement and unspeakable torture, even as he was relied upon as a resource for the creation and performance of new and “acceptable” Khmer musical works, are far too graphic to repeat here.  It has taken him a half-century following the defeat of the Khmer to rekindle the light of traditional Cambodian musical culture throughout his nation, all the while carrying scars that cannot possibly be fully healed even after a lifetime of fighting for greater protections for others.    

Other historical examples are legion.  In 1973, one of the first acts of the Pinochet military junta following its coup in Chile was the arrest of progressive singer-songwriter and nationally celebrated guitarist Victor Jara.  Rather than merely destroying his confiscated guitars, the regime mutilated both his hands prior to executing him at the National Soccer Stadium as a warning to others who might be contemplating musical protest.  Days later, the great Chilean poet Pablo Neruda was dead, as well.

Soviet dictator Joseph Stalin terrorized the towering composer Dimitri Shostakovich into an emotional wreck through political manipulation and death threats starting in the 1930s. Nazi Fuhrer Adolph Hitler launched an immediate program of terror against “degenerate art and artists” upon rising to power in 1933, culminating in the forced expatriation and eventually the execution of Germany’s greatest composers, conductors and performers (many of them Jewish victims of the Holocaust).  One such target, the poet and songwriter Ilse Weber, actually composed the famous lullaby “Wiegala” while imprisoned at Prague’s Terezin concentration to comfort the children in her care.  She later volunteered to accompany her physician-husband and those children to Auschwitz, where they were murdered in 1944 just as she expected they would be.  Only her music miraculously survived, attributable to the panic of the fleeing killers at war’s end.

And finally, in our own country the great jazz singer Billie Holiday was one among many American creators and artists with more than just a passing acquaintance with the travails of brutal, sometimes fatal repression.  Intimidation of music creators knows no geographical or political boundaries. 

As desperately uncomfortable as these past and continuing events may be to contemplate, the crucial reason to educate ourselves about them is their value as examples of exactly what must be avoided at all costs in the future.  Clearly throughout history, music creators and performers have not only been frequently subject to pressure to conform, or to participate in propaganda efforts by governments and extremist groups, but also victimized by repressive actions up to and including murder to enforce their silence. 

This depraved strategy often eliminates the most persuasive voices of protest, while at the same time setting an example of what happens to those less-visible citizens who choose dissent.  The threatening or carrying out of violent repression against outspoken music creators, performers and educators is simply one of the preferred means of warning everyday people in the bluntest possible terms, “if this is what we’ll do to them, imagine what we’ll do to you.” 

Nevertheless, even armed with such knowledge one might still legitimately ask in the current instance, “what has any of this really got to do with a laughing man in a cowboy hat destroying a celebrity’s former musical instrument?”  Well, probably nothing.  But potentially everything.

Visitors today to Berlin often wander over to the enormous square fronting the library at Humboldt University, a revered institution of learning whose alumnae include some of the greatest thinkers and artists in western history, from Mendelssohn and Heine to Planck and Einstein.  The empty cobblestoned plaza, restored after repeated wartime bombings some 80 years ago, remains completely devoid of any structures whatsoever.  There is only a barely discernable, rectangular glass plate embedded into the pavement in front of the library, allowing viewers to gaze downward into a room of empty bookshelves two stories below, and an equally flat plaque sunk into the ground next to it.  That view, gazing through the glass darkly into history, is why most visitors come. 

This is the very spot on which Joseph Goebbels lit the bonfire of books written by many of Humboldt’s most illustrious graduates, and where the people laughed and cheered as those works burned in 1933.  The empty shelves are self-explanatory, and the plaque has only one simple quote, written by Heinrich Heine fully one hundred years prior to the day that the Nazis struck their match. “Where they burn books,” it reads in German with extraordinary prescience, “they will eventually burn human beings.” 

As our own Mr. Twain was fond of reminding us, while history doesn’t actually repeat, it surely does rhyme.  Is a private citizen smacking a recently acquired guitar with a hammer for political effect the same as a government or terrorist group burning a book, banning a musical work for its content, or assaulting a creator?  No, probably not.  Was the destruction of the Waxahachie guitar a symbolic, political warning issued by an individual or group seeking power through intimidation, intended to be interpreted as a threat of actual violence to any one or all of us in the music community? 

That’s a harder question to answer.  We simply do not and cannot know the intent, effect, or seriousness of the action at this time, nor do we possess Heine’s cursed gift of farsighted genius. 

As a result, on the advice of the American bard of Hannibal, Missouri, we less-gifted prognosticators are left with just one inquiry that absolutely must be asked under this circumstance –and in every other instance like it– for the safety, security and freedom of everyone in our music community and in this country:

“Does the Waxahachie event, or any subsequent one, rhyme?” 

Whether it does or not, now or in the future, will in large part depend on us– not just on the folks with the hammers and the matches.

About the author: Attorney, historian and author Charles J. Sanders is outside counsel to the Songwriters Guild of America, chair of the National Music Council of the United States, and an adjunct professor of music business and its history at New York University.  For more information, visit https://www.musiccouncil.org/. All opinions are his own.

@DavidCLowery: Address on Acceptance of the American Eagle Award from the National Music Council

June 2nd 2022 Anaheim California

Hello and thank you. Thanks to the board for this award. President James Weaver. Chair Charlie Sanders. Thanks to David Sanders for help with logistics.

And while I have him here, special thanks to Rick Carnes for his help a few years ago with the University of Georgia Artists Rights Symposium.

I wanted to start out today, by saying it is a great honor to receive this award.

When I look at past recipients and see names like Odetta, Dizzy Gillespie, Quincy Jones, Lena Horne, Hal David, Phil Ramon and Kris Kristofferson, I feel like the protagonist in the Talking Heads song:

“How did I get here?”

You see, my original claim to fame is the song Take The Skinheads Bowling. How did the guy that wrote that song end up amongst such musical luminaries?

By way of introduction and explanation:

The song Take the Skinheads Bowling is the first single from a band I started in 1983 in Santa Cruz California.

The band is called Camper Van Beethoven. And it’s still around after 39 years.

I would describe that band as a psychedelic folk-rock garage band but we didn’t have a garage. We actually rehearsed in an attic.

Three flights of stairs… SVT.

Go figure.

Around the same time I started an indie record label to promote and distribute the records of Camper Van Beethoven. We later signed to Virgin Records.

I then started another band called Cracker. This band went on to have platinum hits. You’ve probably heard a few.

I produced albums by groups like Counting Crows.

I ran a recording studio complex for many years.

And in 2012 I began to speak out on behalf of artists at various technology conferences.

In particular I wrote a rather long essay, quite controversial at the time, “Meet the New Boss, Worse Than the Old Boss?”

In this essay I argued that the emerging digital landscape for music was one in which the new bosses (mostly tech companies) would pay nothing up front for our work, and very little on the back-end. I predicted this would shift most of the financial burden and risk onto those who could least afford it, the working class artist.

Unfortunately, my predictions were correct.

Now, It is important to note I am not hostile to technology and technology companies per se. Indeed I graduated with a degree in mathematics from UC Santa Cruz, and before Camper Van Beethoven became my full time job I worked as a computer programmer.

In addition I have had some success as a seed investor in technology startups. Since we are at NAMM I assume you all have heard of Reverb.com?

Technology is important in my life. It’s important to how I make music. Most other artists I know feel the same way. I don’t think technology companies and artists should always be at odds.

So let’s rewind for a second…

“I started a band in my attic (not garage) and later a record label.”

The foundational myth of Silicon Valley is the garage startup that becomes a global brand.
(Think Apple).

Look at my own startup: Camper Van Beethoven. A few kids in a faded beach town start a band. With a small personal loan from a singing cowboy-true story- we made a record and went from the attic to competing on a global scale in a few short years.

In the 80’s and 90s, this story was replicated, to different degrees, by hundreds of indie rock bands all across The United States.

And this story is not unique to the US or rock music. In1990 while traveling around Morocco I met many musicians who sold their recordings on cassettes in souks all across North Africa, the Middle East and southern Europe.

In 2014 I toured China as a cultural and Intellectual property ambassador for the US State Department. I met a Mongolian folk-rock ensemble that was doing essentially the same thing across central Asia.

If Silicon Valley is widely hailed for its entrepreneurial energy and innovation shouldn’t artists and bands also be praised and seen in the same light? We are certainly as creative.

We generate jobs and substantial economic activity. Some political scientists even think it was really American Pop Music that ended the cold war.

It has always seemed like something worth protecting to me.

Turning our attention back to this room, I see a similar entrepreneurial spirit in the boutique amp, instrument, and music software makers represented here by the National Music Council.

Conversely the big manufacturers and major rights holders represented here have problems that will feel familiar to artists:

The unlicensed use of their intellectual property and designs.

We have a lot in common.

Now this award is ostensibly given to me for my work as an artists rights activist. But I want to put that in a bigger context.

Many of you may have first heard of my efforts on behalf of artists when I filed a class action lawsuit against Spotify for failing to pay self published songwriters.

This, indeed, was a milestone as it gave songwriters the first opportunity in the digital age to extract some concessions from digital services.

Also the 2018 Music Modernization Act may be understood as an unintended consequence of this lawsuit.

But in the big picture, this lawsuit was a minor skirmish in what I call “the long war” to protect the rights of the creators.

And In this long war, I submit, I am just a foot soldier.

I look at the members of the National Music Council, whether music creators, unions, manufacturers, music associations, labels, educators or performing rights organizations and I can think of many many times when I have been aided in my efforts by the good folks from these organizations.

Because ultimately, we have this in common:

We are all fighting to protect our intellectual property

our copyrights,
our neighboring rights,
our patents,
our trademarks
and our designs

We fight to protect them from freeloaders that too often convince policymakers and courts that in the name of “innovation” they should have access to our Intellectual Property without permission or payment.

Sadly this is nothing new. There have always been and there will always be unscrupulous schemers that claim their exploitative business model is somehow “the future.”

The problem is, that in their vision of “the future” they get rich while little of that money trickles down to us. Those that create the intellectual property.

To paraphrase Led Zeppelin: The scam remains the same.

But it is here that the National Music Council has always been helpful. The council and its members provide the long lasting intellectual infrastructure that allows individual artists like myself, to fight.

To fight Today.

To fight 5 years from now

and to fight into the foreseeable future.

I humbly accept this award as someone who has simply followed in the footsteps of other council members and award recipients.

Keep up the good fight my friends,

You are truly on the right side of history.