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The ELVIS Act

There was a sizable Memphis contingent attending a press conference in Nashville last month, and not just because it concerned new bipartisan legislation known as the ELVIS Act. That’s not about naming another street after The King, but rather a recognition of how the distinctive, instantly recognizable voices of recording artists need new protections in the brave new world of artificial intelligence (AI). Officially speaking, it’s the Ensuring Likeness Voice and Image Security Act, which Gov. Bill Lee’s office describes as “a bill updating Tennessee’s Protection of Personal Rights law to include protections for songwriters, performers, and music industry professionals’ voice[s] from the misuse of artificial intelligence.” And among the catalysts for the legislation, it turned out, was the concern one Memphian felt over the risks of such misuse.

That would be Gebre Waddell, whose company Sound Credit is focused on ensuring recognition of music industry workers’ contributions to the recording arts via a custom platform that catalogs credits, like the liner notes of your dreams. That being the sea in which Waddell swims, confronting AI’s ability to mimic artists’ work came naturally to him, but he didn’t do so as a representative of Sound Credit, or as the secretary/treasurer of the Recording Academy, or as a member of the Tennessee Entertainment Commission (other hats that Waddell wears).

Photo: Bing AI

Rather, it all began with some casual party banter. Last year, Waddell was attending one of many celebrations honoring hip-hop’s 50th anniversary when a common concern kept coming up in conversation. “So we were chatting on the lawn and conversations just started turning towards AI,” he recalls. “This was not long after the fake Drake/fake The Weeknd thing happened.”

That was the phenomenon where, as Billboard reported last April, “a track called ‘Heart on My Sleeve,’ allegedly created with artificial intelligence to sound like it was by Drake and The Weeknd became the hottest thing in music.” It was quickly pulled from streaming services after raising concerns over potentially widespread deep fakes of human hitmakers, but the issue lingered in the minds of music industry influencers.

“As we were chatting,” Waddell recalls, “I was like, ‘You know, we just need to add AI language into an existing state’s right of publicity law, and then that could create some momentum for a federal law.’ That was just an idea that I threw out there and people were saying, ‘That that would be great, you could probably pull some people together.’ So I came home and set up some Zooms.”

A “right of publicity law” is one that protects against unauthorized uses of a person’s name or likeness for commercial (and certain other) purposes, but there is no federal standard, only a hodgepodge of different states’ statutes. Tennessee has one of the country’s toughest right of publicity laws, but it does not feature language about AI. Waddell decided to fix that.

“I drafted a version of what the legislation could look like,” says Waddell. “Then I invited a number of people to a Zoom meeting to discuss it, and I showed them what I drafted. And it really created some momentum.” Clearly, this was permeating the zeitgeist, and the Recording Industry Association of America (RIAA) soon drafted their own version. The momentum only increased. “Boom, the very next thing to happen was the press conference,” says Waddell.

The Recording Academy, which last year helped launch the Human Artistry Campaign to protect human-created music in the face of AI, was there in force, as were other organizations, all eager to witness the first proposed state legislation to explicitly target AI fakes. As the Recording Academy’s news page noted, “The ELVIS Act is expected to be quickly considered by the state’s legislature, and with support from the Governor could soon become the first law of its kind. And the Recording Academy hopes it will also become model legislation for other states to follow. That same day, leaders on Capitol Hill took a similar step to protecting creators’ identity with the bipartisan introduction of the No AI FRAUD Act (H.R. 6943).”

Waddell, for his part, is feeling encouraged. “I fully support it. I think that, as it’s currently written, it’s exactly what we need. And the thing I’m really proud of is that it carries a West Tennessee namesake: It ended up being called the ELVIS Act. It started with the involvement of a Memphian and ended up having a very Memphis kind of name.”

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Music Music Features

Grammy Workshop Unites Memphis Songwriters

Grammy Week, the star-studded run-up to the Recording Academy’s nationally broadcast awards show every February, is long over, but this year a new event was initiated that many Memphis artists are still mulling over. And while it centered on the behind-the-scenes work of songwriting and producing, the collaborations that flowered at the event may well bear fruit to be heard on radios everywhere before long.

This workshop was more than your typical song swap by players with acoustic guitars. It involved some of the most influential producers in the business, including native Memphians Ebonie Smith, a staff producer/engineer for Atlantic Records, and YoJi (aka YoJi Roby), a producer and artist at Twenty5Eight Entertainment.

Gebre Waddell, CEO of the Memphis-based music credit platform Sound Credit, which organized the workshop, describes the impetus for the gathering as being almost serendipitous. “Sound Credit was one of several sponsors for the producers and engineers event for this year’s Grammy Week. [Memphis singer-songwriter] Brandon Lewis and I were on a call trying to think that through, and we spontaneously came up with this idea of doing a songwriting event throughout the rest of the week. At first it was just two people on a phone call, but as we started reaching out to people, we realized that this was something beyond.”

Upon seeing that vision made a reality, Lewis, director of The Consortium MMT and a songwriter signed to Atlantic Records, was deeply moved by its potential. “I was extremely proud,” he says. “I felt liberated when I looked around and saw so many Memphis singer-songwriters in the room during this memorable week. I was like, ‘This is the real deal. This is how it should be!’ A lot more talent should be deployable from our city.”

In a week usually filled with more celebratory gatherings around Los Angeles, this was an event with more practical implications. “People are out there looking for things to do during Grammy Week,” says Waddell, “so when an option comes up to actually do your craft, to work with other people, it’s a very attractive thing for folks. We witnessed the power of it firsthand.”

By all accounts, the 20-odd participants were working at a fast clip, ultimately creating half a dozen song demos over two days. Their prolific output, Lewis explains, grew from the way the workshop was organized. “I tried to keep it very production-centered,” he says. “Once we can hear something, our emotions and vibes start gravitating towards something productive, thinking about lyric lines, concepts. So on both days, I had Ebonie and YoJi working on production. We were limitless when it came to music. I let them do their thing, and then the other producers there would chime in on the work.”

Working with Lewis and the two lead producers were a number of Memphis-related songwriters and rappers, including Tyke T, B Sims, Lil Rudy, and St.Courts. Other artists like D.Lew, AJ Haynes, and AMG Paper also participated, and, as Lewis describes it, the meeting of minds yielded some unexpected results. “With the first song, for example, I started by cutting the vocals; then one of our vocalists showed up, and I immediately had him cut vocals. That way, I could go back to writing, which is where I needed to be. Whatever serves the song! Then we added samples and other parts. To share our work, we used the Notes feature on our phones, which could color code who wrote what. Once we got started that way, you’d get different perspectives from different creators, which is why I loved doing the writing camp so much. We even had rappers working on pop records. You never know what you’re going to get out of it.”

Indeed, it was deemed so successful that Waddell foresees it becoming an annual event. And Lewis is ready to keep it rolling. “The energy around the writing camp was very impactful,” he muses. “What’s come out of it now are the relationships we’ve been able to curate, from Memphis to L.A. None of those artists had been exposed to a major connection with major labels, until we gave them a chance to work with these producers.”

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Music Music Features

A $25k Question

Music producers in Tennessee had much to be thankful for last week, especially with this announcement: “The Tennessee Entertainment Commission [TEC] Scoring Incentive Program offers a grant up to 25 percent on qualified Tennessee expenditures to companies producing original scores for film, television, animation, commercials, gaming, and multi-media projects within Tennessee.”

Jon Hornyak

For film producers to receive a rebate for hiring local soundtrack producers is a game changer for creatives in these fields. I sat down with Gebre Waddell and Jon Hornyak, president and senior executive director, respectively, of the Recording Academy’s Memphis Chapter, to find out more about how this program came to be, and what it might bring in the future.

Memphis Flyer: I’ve heard about this being in the works for a few years now. What finally made it happen?

Hornyak: The central roadblock on this was the minimum spend. When we started working with [TEC executive director] Bob Raines, the minimum was $100,000, and it just wasn’t gonna work for us. We couldn’t support that. Bob kept working on getting it down, and it still wasn’t down enough to make it work for us in Memphis.

Why was the minimum budget for scoring projects such an issue?

Waddell: With the TEC and the people that will have to administer the program, we’re talking about just a few people that have a large workload to deal with. They have to have some kind of limitation so things can work for their staffing levels. And I know these people; they are very passionate people who work till late at night every night, and to put more on their plate was just impossible. So there had to be something to manage the administrative workload.

Was this always for scoring projects only, or music production in general?

JH: If it was for regular album production, the major labels in Nashville would gobble that up. So we were trying to look for a niche that could help the music industry in Nashville and Memphis, but not the typical recording of albums and such. The answer was music for video games and independent films. Nashville was already starting to make music for video games. And in Memphis, when you look at some of the things that Ward Archer’s been doing at his studio or what Jonathan Kirkscey’s done or what Scott Bomar’s done, that niche would work here as well.

Justin Fox Burks

Gebre Waddell

GW: The Recording Academy didn’t want to support this legislation unless the threshold was gonna be $50K. But the problem was, that $50K level would have only helped Nashville. At a luncheon for this program, we asked all these music producers from Memphis, what’s the maximum you’ve had for a scoring project? And there was a resounding answer in the room: If we did not lower the threshold to $25K, Memphis would see no benefit from this legislation.I talked to Bob Raines afterward and said we should consider having different thresholds. Just getting from $100K to $50K took years. To get it down to $25K across the board didn’t seem like it was ever gonna happen. So I suggested one threshold for Nashville, and a different threshold for the rest of the state. And that one suggestion was like a Hail Mary pass. It sounds like a huge challenge, legislatively, but it made sense. There’s a primary market, meaning Nashville, set at $50K, and a secondary one that’s the rest of the state, set at $25K. That checks all the boxes for administrative concerns, and ultimately that’s what was adopted.

JH: From the beginning, Raines felt it needed to help the entire state, not just Nashville, for this to work. And we feel good about how it ended up. Because Tennessee is in the incentives game: That’s how Christmas at Graceland got made and how the Sun Records series got made. And this opens the door to future things we can do on a local level.

GW: It couldn’t have happened without building a bridge between Memphis and Nashville. We’re working together. It’s a healing thing. And in this instance, we came together and did something for part of our shared culture, which is music.

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Gebre Waddell’s Soundways

With last Sunday’s Grammy Awards now behind us, we can more easily imagine the many talents that fuel the music industry. Along with headline-grabbing superstars like Bruno Mars, awards went to less celebrated roles, such as “Best Improvised Jazz Solo” and “Best Engineered Album” — offering some all-too-rare recognition for those who hone their craft over a lifetime, more for love of the art than any hunger for notoriety.

Often, in the brave new world of maximum streaming and minimum liner notes, such critical team players get no public credit for their efforts, unless they receive a Grammy nod. For Gebre Waddell, who was attending the Grammys that night as president of the Memphis chapter of The Recording Academy, it must have been especially satisfying. The local music-engineering innovator is used to toiling behind the scenes, but has lately devoted most of his energy to one thing: creating a way to give credit where credit is due in the recording industry.

It is a topic dear to the hearts and wallets of many a musician, especially in the digital age. With the advent of music streaming services like Spotify, musicians, writers, and producers have seen royalty streams run dry in the past decade. Scores of them have been stirred to action, either in high-profile lawsuits from the likes of Neil Young, or through coordinated lobbying by The Recording Academy, the American Federation of Musicians, and other groups. Memphis’ 9th District Congressman Steve Cohen is one of several co-sponsors of the Fair Play Fair Pay Act, which aims to restore royalties to more equitable levels, closing loopholes that currently allow streaming or satellite services to pay next to nothing. In the meantime, the movement marked a major victory last Saturday, when the federal Copyright Royalty Board ruled in favor of a nearly 44 percent increase in royalty rates that songwriters receive from streaming services.

Justin Fox Burks

But the struggle for equitable pay for music innovators is far from over. And, as Waddell explains, it is a moot point if credits are not recognized in the first place. This stems in part from the lack of any universal database for such minutiae. It can have career-damaging consequences. Brian Hardgroove, one-time member of Public Enemy, has noted, “There is a record I produced that won a Grammy, and because I was inadvertently left out of the credits, I missed out on having that award on my shelf.”

And, as Waddell says, the digital age has thus far not offered much hope for improvement. “It’s gotten worse, because 15 years ago, you could turn over a CD cover and look at the album credits. Today, if you stream something on Spotify you may not find that information at all.” Waddell began grappling with the conundrum of how to make credits more ubiquitous nearly a decade ago, when he was making a name for himself as a music software developer and mastering engineer (about which he literally wrote the book, Complete Audio Mastering, published by McGraw-Hill in 2013). A few years later, DDEX, a consortium of music industry players, created the Recording Information Notification (RIN) standard for registering credits within audio files. But it was all hypothetical: There was no practical tool to make it happen.

“After the written standard was published,” Waddell explains, “it was getting into the end of that 12-month deadline, and if nobody implemented it, it would go under review, and basically it was gonna die. So I was like, well, ‘Let’s save it. Let’s do an implementation.'”

Last year, Soundways, the music software company Waddell co-founded with Chief Technical Officer Connor Reviere, launched a product known as RIN-M to industry insiders. The response was so enthusiastic that this month they are gearing up for the widespread release, including a platform on a dedicated website, of the product, newly rechristened as Sound Credit. It’s a potential game changer for music credits in the digital age. Indeed, with the rapid international adoption of the RIN-M prototype, it may have already changed the game.

“We released RIN-M, and within two weeks, we had users in 50 countries. Today, we have active users in 64 countries, and we are getting information and feedback from these users every day,” notes Waddell. There clearly was a hunger for such a system among music professionals, who naturally have a vested interest in maintaining a credit database. According to the business model, they will be the ones paying for Sound Credit. To the average consumer, it will be free.

While record labels, libraries, studios, and other institutions will pay a subscription fee for the right to submit and edit song credits, listeners will simply see an added “bitly” link adjacent to the track listing, which will take them to the Sound Credit website and an entire database of detailed credits, from personnel involved to the equipment used. Making this information freely accessible is a high priority for Waddell. “People are wanting to see this information, and it becomes a music discovery, too. It makes the story more real. It makes music more human and less of an abstract concept. You start to get into the people behind this. And those stories are what have drawn so many people into music to begin with.”

Aside from last year’s industry-only adoption of Sound Credit, Waddell has been laying the groundwork for his game-changing software on other fronts. High-level talks with Apple and other tech giants last fall have helped shape the product for consumer use, and talks with Avid, parent company of ProTools, have helped them craft ways to make it attractive to the denizens of recording control rooms. Credits for songwriters, engineers, producers, musicians, and others can be associated with tracks even as they are being created in the studio. The goal is to interrupt studio workers’ workflow as little as possible.

But what of the credits for nearly a century of recordings pre-dating the RIN protocol? Waddell smiles craftily. “We have historical information on over 100 million songs,” but he’s hesitant to reveal how the data has been compiled. “We don’t want to introduce that into the public database yet, until after what we call the charter phase. The charter phase of Sound Credit will be a time when we are making sure that this fits the needs of the present while also anticipating as much as possible about the future. With database design you want to make sure that what you have is is pretty solid on the front end.”

If it rolls out this month as planned, and gains momentum, Sound Credit could easily become an industry standard — and a lucrative investment. “The closest company in this space is Gracenote. They are a music data company, and they were just recently acquired for $560 million,” Waddell explains. “Music data is big business.”

If profit was Waddell’s only motive, he would have left Memphis years ago, when big industry players were offering to buy the rights to the mastering and audio production software that Soundways was already marketing. Two years ago, Waddell made a life-defining decision: He would keep control of Soundways and keep it in Memphis.

His reasoning derives equally from civic responsibility and self-interest. He envisions the city once again making a name for itself as a home for innovators. And even if we have no MIT, Waddell thinks it’s achievable. “With tech, if you don’t have a formal education, it doesn’t matter as long as you have the experience and the ability. And I think that appeals to the Memphis spirit in a way. I heard Jim Dickinson describe us as ‘renegades.’ We make our own rules. We make our own paths, and that matches with the tech world — it’s such a perfect fit.”

Soundways RIN-M was developed to help music makers and music lovers keep track of song credits.

“I feel like doing this project and doing it here in Memphis is part of what gives it its strength,” says Waddell. “If you’re in Silicon Valley, just making software and you’re just gonna say, ‘Yeah, we’re doing music credits today, and we’ll be doing medical records tomorrow.’ It’s nothing like hearing those vivid stories of people being affected by it, culminating over decades in music, and wanting to deliver something. There’s nothing like that motivation.”

Waddell also has some very personal reasons to ensure that artists get their fair shake. “Most people just need to see some sort of symbol that it’s possible. When people see a great bass player at church or a great drummer, and then they hear the stories of people going to Los Angeles and playing with Stevie Wonder, you see all these pathways out. And when I say out, I don’t necessarily mean just out of Memphis, but out of a bad neighborhood. I grew up in Orange Mound. You’re looking for ways to raise your prospects.”

Stressing the influences of his family environment, Waddell says, “A lot of talent has come out of Orange Mound. It has real historical significance with the black community. It was quite unprecedented.”

Not surprisingly, the role of an unacknowledged artist played a major role in Waddell’s upbringing. “My father [James Waddell] was a sculptor, but he struggled his whole life. He did two sculptures of Martin Luther King Jr. that are just amazing. Ernest Withers took some pictures of my father when he was working on them. And yet my father struggled with depression, from never reaching any measure of success after [creating] these hundreds of sculptures in his lifetime. He didn’t have a talent for marketing, and not being able to reach an audience was a limitation.”

Waddell’s mother gave him a sense of those less fortunate around him. “My mother was a social worker for 30 years. She was familiar with the toughest situations, where children have been terribly abused or malnourished. She would bring that home with her.”

And having played in Memphis bands and engineering recordings since the age of 15, the crusade for credits took on a personal dimension. “Any night of the week, you can go out in Memphis and hear stories of broken friendships,” he says. “Coming from the perspective of the musician and the working artist. Ten-year friendships are broken because someone didn’t get proper credit on an album. You’re hearing that disappointment of a lost legacy. They put everything into their work, into their craft, and they don’t get credit.”

If the path from Orange Mound to software innovator seems unlikely, it was essentially a product of pure gumption. “We had a computer that none of my family wanted to use,” Waddell recalls, “and so it was put in my room. It was an old Texas Instruments that I hooked up to a TV. It could take cartridges, but we didn’t have cartridges; we just had a book, and if you wanted to play a game, you had to type in the code. If you turned it off you had to retype it. So at six or seven years old, that was what I had to do.”

Gebre Waddell speaks at an audio developers conference in London.

Such propensities led him to experiment with the internet in its earliest days. “I had a bulletin board system [BBS] before there were websites, before the World Wide Web was as we know it today. I was 13 years old and I ran a BBS on my parents’ fax line. Once we started getting into the World Wide Web, I started getting into website design, and I did that throughout my teenage years, while also playing in bands.”

Waddell’s facility with the internet also gave him advantages as his love of music began to take him into the realm of audio mastering. “I wrote an article I put on my website called ‘The Digital Publishing Standards,’ which started to get 50,000 to 100,000 hits a month. It attracted the attention of the Google search algorithm, and after a while, if you typed in ‘CD mastering’ into Google anywhere in the world, my website would be the first that would appear. And that allowed me to build out mastering clients in all these foreign markets. I was one of the first mastering engineers working that way, so it wasn’t uncommon for me, in my mid-20s, to work on an album for an artist in India in the same day that I would work on one from New Zealand. I pioneered that sort of international approach to mastering.”

His interest and notoriety led to him to accumulate different perspectives on mastering, and his personal notes became the basis of what is now the chief textbook on the subject. Meanwhile, he dove into the realm of software design, as his book research and practical experience fed off each other. When the offers came in to sell the rights to his innovations, he held back and stayed put. Memphis is still where you’ll find him today, and, he says, where you’ll find him tomorrow. “Having a company from Memphis is such a strong symbol, so that was this big part of the decision to do my own company. I took a dive, I took the risk.

“I’ll never forget this: I went to an audio developers conference in London and I spoke at the conference. Afterward, I met someone from Google, and we had a few drinks, and I said to him, ‘I heard you say “y’all” a few times. You must be from the South.’ And he said, ‘In Silicon Valley, it’s really looked down upon. That accent does not work out there.’ You could just see it was a big issue for him, and he suppressed that accent as much as he could. And for me, that was a moment where I was like, ‘I want to do something where it’s undeniable that the technology is coming from here.'”