Todd Cochrane posted an interesting piece entitled: Richard Cheese the Ultimate Classless Act. I was at the event in question and remember exactly what I was thinking as it was happening. Interesting issues are raised. (Disclosure – I have been a long time Richard Cheese fan. The last concert of his I attended was a blast but much like comedy acts, it is clear the audience has a large influence on the “experience.” Some nights you kill, some nights you bomb.)
Let’s clear the decks: spitting (actually, it was more of a spit take) was plainly rude and unacceptable. Not funny. However, I have a slightly different take away from the event than Todd. Richard Cheese (RC) repeatedly asked people to stop filming him. I get it. He is a performer, and makes his living from this; he doesn’t want his whole act posted on the Internet. It is meant for those who have paid to attend and see it. Unlike Todd, I was surprised that after RC repeatedly asked and then basically demanded people to stop filming him they continued to do so, right in his face. Just watch Todd’s video. I have no idea what the law is, but unless it is newsworthy, stop if I ask. Think of any notable celebrity. Can you shoot pictures and video of them coming out of the Ivy? Sure. The paparazzi work under the “newsworthy” and “public figure” idea. Can you take those same cameras into a playhouse and capture their stage performance? Nope.
Here is the part that amazed me. Todd submitted a “post produced” video with commentary title cards to all the major video sites. A quick synopsis: it contains a performer repeatedly asking/demanding not to be recorded and includes portions of his “unique” performance of the Nine Inch Nails song “Closer.” You can just imagine all the rights holders who could claim to have been infringed. Todd argues that cameras were explicitly allowed. I was there and I don’t remember that. This was a separate event from the Expo at a different venue. To me it was no different than going to a Vegas show at one of the hotels. Even if cameras were allowed, when asked to stop – the polite thing to do is oblige. Just because the new media folks have come to Las Vegas doesn’t mean all the rules have changed. Need proof? Just try using your video camera at the black jack tables or your cell phone in the sports book. You’ll find out quickly.
Todd points out,
It appears that Richard Cheese had some ridiculous clause in his performance contract that no video would be allowed during the event.
This might shock us new media types as being “ridiculous” but in the rest of the world – this is standard. Just think, if I were to re-record your next podcast and post it to my site, would that bother you?
Brian Ibbott did an amazing job with the Coverville 500. But we all know that no good deed goes unpunished. I’d hate for this new media “brush up” to cause him trouble. Todd’s update indicates the possibility exists. If Todd really wants to push the issue he should make a pledge to indemnify Brian from any issues his actions may cause. I know that sounds extreme, but as an entrepreneur I have dealt with my fair share of both threatened and filed lawsuits. I’ve never lost, but it is always the small nonsense issues that are most painful. Last one I had dismissed cost $10,000 in attorney fees. If I’m Richard Cheese – this one seems to be served up on a plate.
(Oh, and interesting legal issues asides, I too am less of a RC fan now. Uncomfortable performances are just that – uncomfortable.)
UPDATE: Todd has since removed the video mentioned above.
First and foremost, I want to agree that Brian did an amazing, outstanding job pulling together Coverville500. As he has mentioned, this even included dealing with a venue switch rather late in the game. He deserves any and all praise he gets. And more. I’m even reluctant to reply to this post, fearing it will prolong something that should fade away.
However, on the issue of Richard and the cameras, I tend to disagree that those in attendance were not acting correctly. Or, perhaps more precisely, were being rude. I don’t recall any of the other performers objecting to being recorded; it was an event know to be attended by bloggers, vloggers and podcasters; and I don’t recall the standard “we ask that there be no photography, videotaping or audio recordings made of the following performance.” type announcement being made before Mr. Cheese took the stage. If Richard was putting on an act very much like Andy Kaufman used to do, he was running into the same problem audiences had with Andy: it’s hard to figure out what is serious and what is a joke.
I don’t want any of this to bounce back against Brian. I think the concert, as a whole, was one of the best (if not THE best) things about NME 2008. I just don’t think things are black and white when it comes to the issue of how the audience reacted.
If he asked people to stop filming, and it was made clear as a rule for the venue, he really would have had every right to stop performing if they wouldn’t comply.
As you say it is entirely common for acts to request no video filming… it’s still bootlegging, new media or not.
If the VENUE owner says no photography – then the law says – no photography. You have no right in the USA to make photographs on private property without the property owner’s permission. Who knows what arrangements were made between the performer and property owner but obviously there was some miscommunication.
If the performer is standing on a public sidewalk – he/she has no right to privacy, art or not.
Not taking sides, just clearing up what the rules are.
I’m thinking the same things about this as I did about the Boy Scouts booting out gays. It’s their organization, they can do it.. but that doesn’t mean they’re not dicks for doing it.
Pax,
Matthew
—
http://matthewebel.com
We had been recording people and performers all night. After all it was an event held for participants of the New Media Expo. The event was terrific. Brian did a great job.
The problem started when about 20 of us were filming at the very beginning of the act and most of us thought he was kidding around until he ripped the camera out of my hands and then threw it at me. The he took a sip of his drink and sprayed it on another fan with a camera.
I walked away after that pretty stunned. No one knew that nor had anything been announced before hand that no video was allowed during his act.
When the rules were not clear and this guy has already started the show whats a person supposed to do. The two very short video clips I presented were of the attack on me and the spitting on another person aka fan with a camera.
I doubt the video if he had not been a jerk would have even made the highlight reel.
All I can say is this: 95% of what has been written about this incident is inaccurate, inflammatory, exaggerated, taken out of context, and just plain unfair. Furthermore, the accusing parties have been behaving like children, flinging baseless lies, recklessly breaking the law, violating copyrights willynilly, posting cowardly anonymous crank rants all over the internet, and disregarding common decency, courtesy, respect, and the First Amendment along the way.
I am a performer. I put on a show. At the Coverville500 concert, things did NOT happen the way they have been described; I am innocent, I stand by my actions, and while I would be happy to explain my side of the story, I sense that I will be shouted down regardless. In late September on richardcheese.com, I will post my own blog about this. Until then, below is a link to the only blog which came close to being fair, accurate, and, most importantly, civil.
http://mwgblog.com/archives/2008/08/20/cheese-v-cochrane-et-al-%E2%80%93-new-media-showdown/ [this blog page]
If you don’t like me or my act or my show or my music, then don’t listen, don’t watch, and don’t stay. Just leave. You will not be missed.
There were plenty of people at Friday’s performance who LOVED the show, who STAYED for the whole thing, who GOT the joke, and who kindly gave me and my band a nice ovation of applause and calls for encores. None of THOSE people committed felony copyright infringement, and we are grateful to them for their support. Those people are my true fans.
The rest of you can go ahead and continue to call me names and spread lies and make libelous accusations and infringe my copyrights and violate my civil rights and complain that I’m just an awful person. Have fun with that!
I’m done talking about this. All other comments, blogs, videos, and emails will be summarily ignored until September. And, if you distribute any unauthorized recordings of me or my band, my attorney will spit a lawsuit on you.
Adios,
RC
Well this is a refreshing, REASONABLE take on this incident. Thanks for your measured, sensible response. I wouldn’t have enjoyed the drink being spewed at me, but I prolly would have stopped filming if asked. ’nuff said. let’s move on!
Dear Richard Cheese,
Thank you for taking the time to share your point of view.
Respectfully,
Nicole
I was unable to make the expo this year, so I’ve been watching the conversations regarding this all day. Michael, you are spot on. No matter if you feel recording and posting part of the show online is GOOD for the performer, they have the right to demand that you respect copyright based on their contract with the venue. Period. This simply needs to be expressly stated at the beginning. This is why they announce it before a theater performance, display it in the movie theater, etc.
However, what Mr. Cheese did could NEARLY be considered assault from a legal standpoint. Kind of a gray area, but he should have demanded that the venue take care of things instead of him getting in their face. Just like the announcement regarding the recording falls to the venue, enforcing the rule should also logically fall on the venue.
What’s really sad is that Brian’s reputation is what gets hurt here. Not only from the idiotic, rude, and unacceptable response from Cheese, but also from the unwilling “new media rebels” that think the rules don’t apply to them simply because they feel that “this is what they SHOULD be able to do.”
I too was at this event and found Mr.Cheese’s behavior slightly unnerving to say the least. Yes, he did ask people to stop filming, AFTER he grabbed a camera away from Mr. Cochrane’s and threw it back at him. No one knew if this was a joke or if he was being serious. If you watch any of the many angles of this action, you’ll hear the crowd laughing. Obviously if people thought it was part of the act, they continued filming until he spat on another fan, and scolded the crowd. It then became suddenly clear he was serious about the ‘no photography’ request.
I think this could have been handled much better by Mr. Cheese. Instead of attacking the very ppl who were there to support him, he could have said “Hey guys, there are copyright rules when performing cover songs, so I gotta ask that ya put the cameras away and we’ll have a good time, alright?” See? simple. No attacking, no throwing or grabbing, and no spitting.
I put my camera away and actually stepped to the back of the venue because I felt a little sick after that. I used to be a big Cheese fan, and even PAID for his music (OMG!) I run an internet radio station, which plays his music, and yes I even pay royalties. No more. I’ve pulled his songs from my list.
After the performance I approached Mr. Cheese during his photo op / autograph session. He looked at me twice, while holding my camera, and even commented that he liked my jacket. Eventually he realized I was filming, and yes, did ask me to stop twice. I should have, but felt as it was a photo op, whats the hurt? He was no longer performing .. or was he? I wasn’t sure, because after each time he stuck his hand up to the lens, he joked how he liked my jacket. As I walked away, filming myself, he obviously thought I was filming him over my shoulder and grabbed my arm and camera from behind, after a short struggle I retrieved my camera and he threatened to have me ejected from the Hotel. Which was fine, b/c I then left anyhow.
Now I could easily say I was assaulted by Mr. Cheese, but I admit, I may have had it coming. However, it wasn’t until he actually grabbed me, that I knew he was serious.
I have the video of the whole scene, but I’ve removed it from the ‘net as per Brian Ibbott’s request. Brian did an amazing job, and deserves no more headaches from Richard Cheese. I’d ask everyone else who has video online to pull it as well, for Brian’s sake.
I’m saddened how this all played out, and while I don’t expect Richard Cheese to apologize for his behavior, I think it would help his bruised image (at least in the eyes of New Media) if he would at least admit that he could have handled the situation better.
– Langley
PS: Nice jacket Richard Cheese.
I guess since he is retiring in 2009 (as per his website) he feels he can be a total jerk to potential fans. Honestly I had never heard of the man before Coverville and just from his comment above I would never buy or recommend the man to anyone. I guess I won’t be missed anyway so who cares.
richard dickcheese is still a douchebag.
all of the things he did was totally uncalled for and unnecessary. u are as innocent as a dog who pees on the rug. I could say it might be acceptable to be an asshole had your show been even remotely good or interesting. sadly it wasn’t.
@ Nicole. why are u saying respectfully? after mr. dick showed no respect for his so called fans? I actually want my money back that i paid for the show and an apology. I didn’t pay to be spat on and see such rude behavior to people who paid to see him play. I actually tried to grab the camera away from langley and mr. dick when he was holding it down. you at that time were not performing so that in no way was copyright enfringement. I have never been to a concert in my life where the performer was just an outright jack ass. Sorry no groupies wanted to go home with you that night richard. Even your celebrity doesn’t help your cause. Why don’t you wear a skirt with no underwear so that you can get more publicity such as britney, paris and lindsey. You’ll fit right in? No news is bad news right. Now you have people talking bout you. kudos. you are a star now.
Does anybody remember a guy named Tony Clifton? For people who don’t, it was an Andy Kaufman character. An A-hole lounge singer who treated his audience like crap just to get a reaction. I think that is what is happening here. He’s getting quite a reaction from a bunch of sensitive podcasters.
see Richard’s “Final Words” over here: http://tinyurl.com/6hcsqt
Two weeks before I went to the Expo I went to Richard Cheese’s web site along with the other artists web sites who were playing at Coverville. I was excited to see that Richard Cheese allowed his music to be played on podcasts. Two weeks before the concert I had the idea that Richard understood the marketing power of podcasting, new media and social networking.
If you want an analogy: It’s like going to a squirt gun fight expecting not to get wet.
From my point of view, from 2 weeks ago when I read Richard’s web site up till up till the first song was played I got the impression that he wanted the attention and coverage of his music on our podcasts. Michael, I think you’re right with your thinking, but honestly all the other signs (the other artists allowing cameras and video/audio recorders and that Richard Cheese music was podsafe as long as it was not for profit) mislead most of us. The first time he reacted on stage I thought he was joking and trying to put on an act for us. When he spit on the crowd, the show was over for me.
The venue emptied out quick during the first song. The way the show ended speaks for itself.
Richard Cheese had an excellent opportunity to get a lot of positive publicity from all of us. To me, this was an artists opportunity of a life time: get 600 bloggers and podcasters to play viral video/audio and blog about how great the show was. Richard apparently had either no clue or no respect. If we were news reporters, would he have grabbed the video recorder or spit on the camera men? I think not. Richard blew an opportunity and went further and insulted us.
Angelo: Just because you want to do something doesn’t mean you can. Just because you’re in “new media” doesn’t make you different, special, or an exception.
Tetsuo:
I never implied any ‘wants’ except for the theoretical “Richard Cheese want” which was to put his act before an audience to help promote his music to a new media audience and by doing so, benefit from the incidental exposure on many of our blogs and podcasts. I think your comment implies that I devilishly wanted something. If I had any “wants” going to this concert, it was to enjoy a great show. I didn’t want any kerfuffle and I certainly didn’t want my friends getting spit on, that is for sure.
I did not mean to imply that I am special, that “new media” is special or that any particular group deserves less or more respect and courtesy. I meant that the circumstances were special. It is not every day you have 600 bloggers and podcasters in one room, each of which having a reach of hundreds, or thousands, and even some, hundreds of thousands of readers, listeners and viewers. On top of that, many of these bloggers and podcasters flew into Las Vegas from all over the country. You just can’t replicate an audience like that every day.