The Next Big Thing: Contactless SmartCard Music Sales and Distribution Format.

Like most of us, my love for music began as young boy when I bought my first albums; Zimmerman’s was one of my first.

Record albums were pressed in “vinyl” in those days, a material which nearly went extinct when other formats came along; formats which were less expensive to manufacture, less expensive to distribute and perhaps most importantly to be considered –more convenient– for people to buy and use.

Them ol’ automobile manufacturers never figured out how to put a record turn table in a car so when we took our sweethearts to the drive-in we had to settle for eight track tape players.

I’ve heard it said Waylon Jennings gave Conway Twitty the nickname “Mr. Panty Dropper.” I’ve been playing guitar and trying to sing like Conway for decades but I’m telling you, back in the day they called boys like me hoods and we were way hipper than jocks because hoods knew the secret to hitting a home run with a girl was an Elvis tape.

Eight track tape player with Elvis tape

Tape formats stayed with us for a long time. In fact the cassete tape that replaced the eight track tape format is still on the shelves this year of 2019 but it was the CD and the DVD formats that followed tape and really kicked shit into a higher gear as some of us who play the most famous riff in rock know all too well…

Layle and Other Assorted Love Songs CD

I bet you thought I was going to start talking about Stairway to Heaven? Well yea but I still have the Bell Bottom Blues, I’ll alway have the Bell Bottom Blues. I literally wore out the first Layla and Other Assorted Love Songs CD I purchased long ago and I’m working on the second CD. One of my guitars is named Layla so go figure.

So I do figure and I figure its time to comment about the new digital formats that do not wear out. More importantly I want to comment about the physical media that is used to distribute the digital music and what is about to become the way music will be sold and distributed.

Like CD and DVD we’re still talking about a type of plastic media to distribute music as well as all other digital goods but we no longer need to buy and use an electronic device like a CD player to play the music when we have the SmartPhon, the cellular networks and cheap data storage. The plastic that is about to change the music industry is a format called SmartCards and as I’ve intimated the electronic device most frequently used to purchase and play music is called a SmartPhone; that doohickey many of us on the planet carry around every day and night.

The SmartPhone has become a phenomena. Late night comedy shows make big money joking about them. Students writing their PhD thesis write about them. Parents wonder if they did the right thing buying their 12 year old daughter an iPhone. You get the picture?

The number of global SmartPhone users grew from 2.1 billion in 2016 to around 2.5 billion in 2019 and continues to grow by leaps and bounds.

As the big boys who own and control the global financial payment markets know a phenomena is a terrible thing to waste. So they wasted no time developing the means to use a SmartPhone to buy stuff. Lots of stuff in fact. Anything and everything that can be purchased can now be purchased using a SmartPhone.

The big boys wasted no time making financial transactions faster and more convenient. They know human behavior. They know human beings salivate like Pavlovian dogs and human beings will do just about anything for instant gratification. So what did “they” do? They adopted contactless payments that they first rolled out in Europe and other “not USA” nations where the people are easier to train. Voilà! instant gratification.

Despite our reticent ways contactless payments are slowly but surely sweeping across America. Contactless is here and its here to stay. The era of tap-to-pay will eventually do to the plastic credit card what the plastic credit card did to the paper checkbook. How do I know this?

I know this because that’s what the big boys want and what the big boys want the big boys get and the big boys get what they want because people in America have become Pavlovian dogs and most of them do what they are told to do or they get no treat. Period.

So you might be wondering, “if I can use my SmartPhone to tap-to-pay what else can I tap on?” Well, the answer is lots of things in the process of being transformed. Its the Near Field Communication (NFC) wireless cellular network communication protocol that makes tap-to-pay possible and NFC is a tightly controlled global networking standard. That standard is publically available to any and all of us smart enough to learn to use it. All it takes is that “vision thing.”

So as the founder of tapABILITIES I have the vision thing. What I’m going to tell you by wrapping up this way too long commentary is the fact that plastic is still with us and will be for a long time to come but not in the formats we were trained to use; we’re being retrained to (((tap)))®.

The vison fairy told me that plastic contactless SmartCards will be the way music is sold and distributed.

Like the ~$127 billion gift card industry, selling and distributing music with plastic is all about REALLY BIG MONEY. Selling and distributing music will follow the same proven business models as gift cards have. Pavlov says so.

Keep your eyes and ears open boys and girls because any day now you will be using your SmartPhone to (((tap)))® on a piece of plastic to buy, download, and playback your favorite tunes and all kinds of stuff, stuff we need and stuff we don’t need but buy anyway. Why? Because Pavlov proved that…now sit, roll over, staaaaay. This information was your treat. Please try to use it wisely.

Interactive Arts and Crafts: Learn How To Monetize Your Arts and Crafts With Your Smartphone

Its a class being offered by Clinton Gallagher, founder of tapABILITIES, LLC compliments of Michaels Art Supplies, Crafts and Framing. Sign up with this link or select the “Classes and Events” link at the top of the Michaels (Brookfield) website home page” and navigate to enroll.

So what’s up here?

The big boys stuck chips into all of our credit and debit cards. The big boys are sticking chips into and onto everything. Want to learn how little ol’ you can take advantage of the big finance boys who control credit and debit card transactions?

Yes, the big boys stuck chips into all of our credit and debit cards which account for card purchasing volumes that have risen to more than 3 trillion dollars per annum and they had to avail themselves of some means to do so. So why can’t we avail ourselves of the same?

Well, we can, given the know-how, the starting cost is approximately twenty-five cents. Yes, really. Pinky swear. Given the not-know-how? Well, all I can say is TAKE THE CLASS.

Historically, we have used our credit or debit cards to “swipe” the card through a payment terminal. The big boys put chip sets into their bank cards so we consumers can now also stick or tap; stick the card into the payment terminal or (((tap)))® the card onto or near the payment terminal. Given that fundamental fact every adult in America is now becoming aware of such change so it becomes reasonable to ask “If I can now use a Smartphone or a contactless credit or debit card to tap-and-pay what else can I use the instantaneous convenience of tap for?” (Heads nodding up and down.)

Clinton Gallagher will be your instructor to answer that question for you. For the cost of a large pizza with pepperoni his 2 hour classes taught April 27th and May 4th 2019 at the Michaels Arts & Crafts Supply Store – 695 Main Street, Brookfield will teach you how you can obtain and use a type of programmable electronic sticker to take advantage of the same wireless network communication technology the big finance boys use for contactless financial payments; Near Field Communication (NFC).

Does the word programmable make your leg start to twitch like you have to go potty? ROFL Like the banner ad on the web page used to enroll in the class asks, “Can you enter a cook time on a microwave?” Yes, it is metaphorically that easy. Pinky swear again.

Think of it like this; if you make anything as a hobby or if you manufacture anything as a means of employment you likely understand the value of spending money for classroom instruction. Michaels asks that instructors require class materials consisting of products they sell in their stores. A $7.95 bottle of decoupage will do but why that was selected to be the only required class material will be a hilarious surprise class enrollees will learn as we all share and learn together during class.

Remember not knowing what we do not know can be and usually is more costly than spending money to acquire knowledge leading to actionable experience making the work we do pay off. We used to call it bringing home the bacon before we were reminded that pigs have feelings too.

So are you ready to learn how spending peanuts for a class will teach you everything you need to know to go forth afterwards and obtain the raw materials with costs starting at a measly twenty-five cents (another pink swear) and how spending peanuts for a class will develop easily learned skills to use your Android or Apple iPhone and/or how any of the other 80 million or so other Android and Apple iPhones can now be used to (((tap)))® on things and connect to the WWW (FOR WHATEVER.)

Up until now folks such as yourself simply haven’t learned that the big boys of finance have actually made it possible for any of us to use the same means of conveying financial transactions that they use themselves; the same means they have no ethical or moral obligation to tell any of us about. The same means the class will instruct you how to obtain and use yourself.

“Interactive Arts and Crafts: Learn How To Monetize Your Arts and Crafts With Your Smartphone” is what it is all about ladies and gentlemen.

Sign up with this link or select the “Classes and Events” link at the top of the Michaels (Brookfield) website home page” and navigate to enroll. Classes are limited to the dates mentioned herein. We’ll try to update this post if and when new classes are available

The Right of Publicity

Per  Wikipedia the right of publicity, often called personality rights, is the right of an individual to control the commercial use of his or her name, image, likeness, or other unequivocal aspects of one’s identity. Can we avoid being held liable for infringing on one’s rights of publicity? Is a picture of Grandpa Munster found and archived by Google’s collection of images and reused herein an infringement? Mr. Edward H. Rosenthal has the following to say on the subject…

The Right of Publicity
August 2014
Edward H. Rosenthal
Frankfurt Kurnit Klein & Selz, P.C.
488 Madison Avenue New York, New York 10022 (212) 826-5524

Truthful advertising of the content of a publication is protected by the First Amendment, provided that the advertising is a truthful description of the content of the medium. Montana v. San Jose Mercury News, Inc., 34 Cal. App. 4th 790, 40 Cal. Rptr. 2d 639 (6th Dist. 1995) (newspaper’s use of a poster of football star permissible as advertising of its content).

Under state laws, the person used must be a subject presented or discussed in the publication. See, e.g., Lane v. MRA Holdings, supra (“Girls Gone Wild” video); Cohn v. Nat’l Broad. Co., 50 N.Y.2d 885, 430 N.Y.S.2d 265 (1980) (use of Roy Cohn’s name in advertising TV movie about Senator Joseph McCarthy that included Cohn was permissible). In addition, the advertising must be limited to an explanation or illustration of the content of the publication.

Namath v. Sports Illustrated, 48 A.D.2d 487, 371 N.Y.S.2d 10 (1st Dep’t 1975) (Sports Illustrated subscription advertising could use Joe Namath’s picture and name in describing coverage of Namath); see Booth v. Curtis Publ’g Co., 11 N.Y.2d 907, 228 N.Y.S.2d 468 (1962); Stern v. Delphi Internet Services Corp., 165 Misc.2d 21, 626 N.Y.S.2d 694 (N.Y. Sup. Ct. 1995) (use of the subject of chat in advertising of an online chat service is permissible).

However, a medium cannot use any photograph merely because it has appeared in the medium, and it cannot use the people who appear in publication as models or endorsers. See Gritzke v. M.R.A. Holding, LLC, No. 4:01CV495–RH, 2002 WL 32107540 (N.D. Fla. Mar. 15, 2002) (“Girls Gone Wild” video package); Velez v. VV Publ’g Corp., 135 A.D.2d 47, 524 N.Y.S.2d 186 (1st Dep’t 1988) (Village Voice newspaper cover).

If the advertising falsely describes the nature of the publication it may be actionable. Cher v. Forum Int’l, Ltd., 692 F.2d 634 (9th Cir. 1982) (false claims in ad promoting an interview of Cher in a magazine resulted in violation of her publicity rights.

Image of architectural drawing for the Kilbourn Row Townhouses, Milwaukee, WI, designed and proposed by Clinton Gallagher.