Andrei Cerbu’s Garage

At The Smokin’ Dudes Records inside Adrei Cerbu’s garage, Strada Aurora 21, Iași, 700474 Romania. Clockwise from left to right, videographer Teodor Cusnir, public relations specialist Bader Maria, audio engineer and guitarist Andrei Cerbu and videographer Robert Ciubotaru. Here is how they describe themselves. “The Smokin’ Dudes is a group of talented young people, which besides the fact that they are passionate about music, they want to bring to the attention of the public also other talented young people. So they formed their own recording and filming studio, where they work passionately with young artists willing to show their talent.” Photo: The Smokin’ Dudes.

Yes, Andrei Cerbu will be presented as a solution, but first the problem …

For many years, I listened to modern classical music, with Henryk Górecki (1933 – 2010) being a favourite, along with Ralph Vaughan Williams (1872 – 1958). Most of this was purchased as Naxos CDs, at monthly intervals. My last CD was purchased in 2008. As I approached 60, something strange happened. I reduced my listening to classical music and started listening to other genres. This included a renewed interest in electronic music and synthesizers, exemplified by Brian Eno (1948 – ), Here Come the Warm Jets (1973). More surprisingly, I started listening to industrial music and its offshoot electronic body music (EBM), electronic dance music (EDM) as well as some more metallic and harder rock.

One of the difficulties with rock/ metal is that so many of the musicians/ artists/ performers promote values that are an antithesis to mine. Thus, I have no interest in financially supporting groups promoting drugs and/ or violence, such as Guns N’ Roses. Even the name of their debut album, Appetite for Destruction (1987), is an antithesis to my belief system.

Copyright

Some of the earliest music to which I am attracted was released in the 1960s but more of it came from the 1970s, or later. Take the United Kingdom, where Eno originates. Under their 1988 Copyright Act, copyright in a sound recording expires after 50 years. However, on 2013-11-01, the UK copyright on sound recordings, not yet in the public domain, was extended from 50 to 70 years. Somewhat simplified, this means that recordings made in 1962 or earlier are in the public domain. Those made in 1963 will first come into the public domain on 2034-01-01. Eno’s Here Come the Warm Jets, released in 1973, will not enter the public domain on 2024-01-01 as Eno could have expect when he made the track, but on 2044-01-01. A similar situation applies in other jurisdictions, including member states of the European Union.

Note: Further details about copyright law, are provided in the last paragraph of this weblog post, after The Smokin’ Dudes Records logo.

Canada extended its copyright for recorded music to 70 years on 2015-06-23. Ottawa law professor Michael Geist criticised the copyright term extension in a weblog post: “Experience elsewhere suggests that the extension is a windfall for record companies, with little benefit to artists or the public. In fact, many countries that have implemented the extension have been forced to do so through trade or political agreements, while signalling their opposition along the way. Canada will extend term without any public discussion or consultation, yet other studies have found that retroactive extension does not lead to increased creation and that the optimal term length should enable performers and record labels to recoup their investment, not extend into near-unlimited terms to the detriment of the public. For Canadian consumers, the extension could cost millions of dollars as works that were scheduled to come into the public domain will now remain locked down for decades.”

Solutions

With twenty years of windfall profits to look forward to, the music industry has little or no incentive to invest in younger musicians. What should younger musicians do?

Andrei Cerbu (2002 – ) has found a solution to this challenge. Despite his young age, he has been a guitarist since he was seven, coming third in a Romanian national music competition at the age of eleven. Now, he has a website that promotes young, Romanian musicians. His garage at Strada Aurora 21, in Iasi, Romania functions as a recording studio, featuring The Smokin’ Dudes Records, The Smokin’ Dudes TV, two bands: Andrei Cerbu and the Rockin’ Groove, and The Iron Cross, as well as several soloists. Music is freely available, but he also provides many ways for people to support him, and other musicians, financially. These include merchandise sales, and donations through Patreon and PayPal. His YouTube channel has over 400 tracks, that are freely available for everyone to enjoy.

I sent a link to a cover of Deep Purple’s Highway Star (1972) by Cerbu’s band, The Iron Cross, to my young (under 40) nephew. He replied, “I’m not familiar with the original, but I don’t think it could be better than this version.”

Copyright details. In the United Kingdom there were relevant copyright acts in 1911, 1956 and 1988. According to this last iteration, copyright in a sound recording expires after 50 years.either (a) 50 years after the recording is made, or (b) if the recording is published during that period then 50 years from the publication, or (c) if during the initial 50 years the recording is played in public or communicated to the public then 50 years from that communication or playing to the public, provided the author of the broadcast is an European economic area (EEA) citizen. Copyright is supposed to balance the rights of creators with the rights of users/ consumers. Thus, creators are given a monopoly to profit from their recording for a specified period of time. Under this arrangement, all of the music made in Britain in the 1960s would be freely available as of 2021-01-01. As stated previously, above, on 2013-11-01, the UK copyright on sound recordings, not yet in the public domain, was extended from 50 to 70 years. This means that only recordings made in 1962 or earlier are currently in the public domain. Those made in 1963 will first come into the public domain on 2034-01-01; those made in 1973, on 2044-01-01.