Monday, August 26, 2019

Jay-Z Didn’t ‘Sell Out’ By Dealing With The NFL. This Is Just How Activism Works.

(By Michael Eric Dyson, Washington Post, 23 August 2019)


In 1963, Malcolm X, who advocated armed self-defense of black folk in the face of white supremacy, flayed Martin Luther King Jr., who preached nonviolent resistance to social injustice. “The white man pays Rev. Martin Luther King, subsidizes Rev. Martin Luther King, so that Rev. Martin Luther King can continue to teach the Negroes to be defenseless,” Malcolm charged. He was a “modern Uncle Tom.” Elsewhere, Malcolm dubbed King “the best weapon that the white man . . . has ever gotten.”

I remembered these bitter charges as controversy dogged the announcement this month that Jay-Z’s company, Roc Nation, had signed a contract with the National Football League to advise on live music, entertainment and social justice projects. Jay had stood up for former NFL quarterback Colin Kaepernick. He wore Kaepernick’s jersey while performing on “Saturday Night Live,” advised other performers to boycott the Super Bowl halftime show and rapped on 2018’s “Apes---,” “I said no to the Super Bowl: You need me, I don’t need you/ Every night we in the end zone, tell the NFL we in stadiums, too.” Now he’s doing business with the organization that colluded to banish Kaepernick for kneeling during the national anthem to protest racial injustice. Associated Press sports columnist Paul Newberry called Jay a “total sellout,” suggesting he’d buried his conscience in cash. Kaepernick’s lawyer said Jay’s “cold blooded” move “crosses the intellectual picket line.” Jay’s justification : “I think we’ve moved past kneeling. I think it’s time for action.”

Kaepernick and Jay-Z are not the modern-day equivalents of Malcom and King, but those pairs reflect an eternal tension — the outside agitators who apply pressure and the inside activators who patrol the halls of power, bringing knowledge and wisdom — in civil rights and black freedom movements. King worked with the Eisenhower, Johnson and Kennedy administrations to better conditions for black folk and to craft civil rights legislation. Jay, for his part, has advocated for social justice in his music and beyond the stage for more than two decades — by writing op-eds and creating an organization to lobby for criminal justice reform; by bailing out Black Lives Matter protesters; by supplying legal help for black victims of racism; by creating documentaries about victims like Trayvon Martin and Kalief Browder; and by speaking out about police brutality and racial injustice.

The choice between Kaep and Jay, between Malcolm and King, is a false one. We need all of them, and it is far too early to judge what Jay will make of this opportunity with the NFL.

Jay’s action fits into a tradition of social protest, forged by Jesse Jackson, that extends King’s work: You protest a company — say a shoemaker or an auto dealership — for its unjust practices; you force those involved to acknowledge their error; you negotiate for better terms of engagement; you interact with the folk you once protested in an effort to make progress. In 1996, after several Texaco executives were taped making racist comments about 1,400 black employees who had filed a class-action discrimination suit against the company, Jackson organized a picket protest, then forged connections with Texaco board members that led to a corporate mea culpa and an out-of-court settlement of more than $175 million with the company’s black workers.

This reflected a shift in civil rights strategy from street protests to suite participation. Jackson leveraged the threat of boycotts and the rhetoric of persuasion to get more blacks placed on corporate boards, compel banks and major companies to direct more business to minority-owned contractors, and help integrate more black and other minority folk into the nation’s economic power base.

It is true that the NFL did not explicitly acknowledge wrongdoing in Kaepernick’s case, though the league did settle his grievance lawsuit in February, suggesting that it recognized his claim of collusion as a real legal threat. Jay cannot make a team hire Kaepernick, and perhaps Roc Nation could have refused a contract until Kaepernick got a job, which would have been a just outcome. But it is also true that social justice doesn’t hinge exclusively on Kaepernick’s employment. The fact that many team owners support an openly racist president demands an attempt to grapple with them. And it may be a sign of progress that those same owners got into business with a rapper who calls President Trump a “superbug.” Jay’s noisy opposition to white nationalism is just as important as how his partnership may provide the league cover.

Jay did not write off protest when he said we are “past kneeling.” He simply cast Kaepernick as a runner in a relay race rather than a boxer fighting alone in the ring. The Players Coalition, for instance, was founded in 2017 by Philadelphia Eagles safety Malcolm Jenkins and former receiver Anquan Boldin to tie kneeling to serious and thoughtful action. It promotes social justice advocacy, education and distribution of resources on the local, state and federal levels. When it accepted nearly $90 million from the NFL to advance its agenda in November 2017, then-49ers safety Eric Reid, Kaepernick’s courageous compatriot, called the thoughtful Jenkins a “sellout” and a “neocolonialist.”

But consider its efforts so far. As part of the $89 million that the players got the NFL to commit over a seven-year period, $8.5 million was allocated in 2018. Players identified key issues of racial and social inequality where they thought they could make the biggest impact, including police and community relations, criminal justice reform, and educational and economic advancement. Players led the working group that distributed millions to the Advancement Project, the Center for Policing Equity, the National Juvenile Defender Center, the Anti-Recidivism Coalition, the Campaign for Black Male Achievement, the Civil Rights Corps and VOTE. After Trump canceled a White House invitation to celebrate the Eagles’ 2018 Super Bowl victory, Jenkins skipped a traditional news conference and drew attention with a series of signs clarifying that player protests weren’t about the national anthem but about social inequality.

When white institutions and individuals sincerely ask for help, it is a good thing to supply it. (That sincerity may be doubted and only later revealed to be genuine, or the request may begin as insincere but evolve with more contact and better understanding.) Malcolm X once famously rebuffed a young white student who tracked him down in New York to ask what she could do to help the cause. His response took her aback: “Nothing.” It makes for great theater and dramatic storytelling, but it was the wrong answer.

Things are never ideal, and systems of white oppression co-opt us all: teachers, leaders, advocates, athletes, organizers. Look at me. I have spent nearly five decades — in speeches, books, my courses — advocating for social justice. I also work at Georgetown University, a school that sold 272 enslaved souls, including children, to bankroll its future. This is how the world works: All of us have blood on our hands and dirt beneath our nails, and we can scarcely afford to reject every institution we encounter as irretrievably tainted.

The charge of being a sellout, and the instinct to “cancel” people indicted in this way, often comes full circle. (Malcolm was later deemed a traitor to his cause and murdered by members of his own group.) The language of betrayal cannot provide lasting moral satisfaction. Instead, we need a vocabulary of moral accountability and social responsibility that is nuanced and capacious, giving us air to breathe and room to grow.

Jay’s deal with the NFL represents a valid and potentially viable attempt to raise awareness of injustice to black folk, and to inspire the league to embrace just action for the black masses. It may fail — and it certainly should not be used to diminish Kaepernick’s noble, iconic battle — but the effort is not a repudiation of justice. It is an attempt to make justice real for black folk far beyond the elite circles in which Jay and Kaepernick travel. Jay-Z, whose résumé is suffused with activism that cost him money instead of accruing him profit, has earned the right to try this. Even if Jay stands to make a tidy sum with the NFL, his history suggests that he has put his money where his ethics are — and declined to let his capitalist instincts outweigh his ethical imagination. Alongside scolding, resisting, protesting and cajoling, there is a need for strategy, planning, listening, learning and moving forward to test the application of principles embodied by people like Kaepernick.

Jay and Kaepernick will not be the last civil rights activists who represent different poles of the movement. This history is rich: King, Rosa Parks, the Student Nonviolent Coordinating Committee, the Freedom Riders, the Congress of Racial Equality and a host of other organizations occasionally bickered over methods and messaging and strategy. Iconic figures got bruised (James Baldwin, iced from speaking at the 1963 March on Washington, felt wounded but still kept up the freedom fight), swept aside (Ella Baker didn’t get her due when working with King’s sexist organization) or minimized (grass-roots activist Fannie Lou Hamer wasn’t universally applauded by black elites when she lived).

It is not wrong for Kaepernick to receive every nickel he has earned from Nike and the NFL, or for Reid and Jenkins to continue to get paid for their talents in the league they push to do the right thing. And it is hardly wrong for Jay-Z to do well while doing good. They are all motivated by grand ideals and good ends. Even Malcolm X, once he freed himself from his earlier narrow views, concluded that “Dr. King wants the same thing I want — freedom!” So does Colin Kaepernick. So does Jay-Z. And so should we.

Tuesday, January 29, 2019

PledgeMusic, Once a Crowdfunding Haven for Artists, Now Owes Them Thousands of Dollars

(By Colin Stutz, Billboard, 24 January 2019)

In 2017, the electro-industrial band ohGr began recording its fifth full-length album, TrickS, while at the same time launching a campaign on the direct-to-fan music platform PledgeMusic. The service seemed like a good way for the independent act founded by singer Nivek Ogre -- a member of the band Skinny Puppy and a cult icon -- to cover recording costs, promote the project with behind-the-scenes updates and host online sales for pre-orders and specialty items. But the largest factor in ohGr's decision to go with PledgeMusic, says producer Mark Walk, was that it would provide "a safe place for supporters’ funds to be held while the project was being produced." Now, eight months after ohGr's campaign ended, the band is still owed nearly $100,000 and struggling to access money it needs to manufacture merchandise fans have already purchased. All hope for a lucrative album cycle has gone out the window.
How ohGr's PledgeMusic campaign went from looking like a success story to a total mess is a fitting allegory for the crowdfunding startup that launched a decade ago and claims more than $100 million distributed to artists across 50,000 projects. Thanks to the following ohGr had amassed, the effort kicked off with a promising start: The project raised more than $20,000 in just the first few days, giving a strong sense that this could work -- not only to pay for TrickS, but also as a sustainable music business model where a band could reach its audience directly, symbiotically serving its top fans. But slowly, warning signs began popping up. Once the album was completed in spring 2018 and digital files were delivered to PledgeMusic, the company became unresponsive about payments. This included money to the band for operating costs, but also specifically to manufacturers for the CDs, vinyl, lyric books, T-shirts and other products fans had pre-ordered to make the campaign a financial success.

These delays pushed ohGr to release the album digitally on July 18 without any physical product and resulted in ohGr touring in support of the new album -- without the actual album to sell. While it has also compromised other plans for the release, Walk says the band is intent on prioritizing its fans on PledgeMusic to reward their early support.  When Walk threatened to go to the press with his PledgeMusic experience, he says a company employee told him, "Do you really think anyone would care?"
ohGr is far from the only band that has experienced problems with late payments from PledgeMusic, if they receive the funds at all. Last October, after reports the startup was having trouble paying some of its top artists on time, some major change-ups were announced: Former CEO Dominic Pandiscia departed, while co-founder Malcolm Dunbar's role was elevated to global president and chief operating officer, while his fellow co-founder Jayce Varden returned to the company. (Now sources tell Billboard Varden resigned on Tuesday.) A new financial team was also implemented under the leadership of Richard Vinchesi, a partner at Sword, Rowe & Company, one of PledgeMusic's larger investors.  Per a press release at the time, these moves promised "a more rigorous infrastructure to underpin the company's growth initiatives," as well as a commitment to improve its "financial resources and processes." PledgeMusic also struck a deal with leading music financing company Lyric Financial, it announced, "to help expand its working capital and improve payable processing."

But based on accounts from several artists and managers who are still struggling to receive payments from their PledgeMusic fundraising campaigns, those measures have not been enough to right the ship, leaving many feeling plundered and unsure what recourse to take. A few interviewed for this story said they were considering legal action, while most simply pledged never to work with the company again -- telling their friends and fans to do the same.  “We accept responsibility for the fact that we have been late on payments over the past year,” the company said in a statement to Billboard on Thursday (Jan. 24), noting it expects payments to be brought current within the next 90 days. “PledgeMusic is working tirelessly on this issue, and we are asking our community for their continued support and patience.”
According an anonymous former employee who wished to remain anonymous, the root of these problems is improper money management where PledgeMusic failed to hold artists' campaign funds separately and securely and instead invested it back into the company. If true, this would directly conflict with PledgeMusic's terms and conditions, which state "monies collected by PledgeMusic for a Campaign will be held on account for the Artist." The idiom "robbing Peter to pay Paul" came up in many conversations describing PledgeMusic's actions and as the company's growth slowed the situation worsened. Over the last year, according to the former employee, in effort to reduce overhead, PledgeMusic also laid off about a third of its U.S. staff and moved out of its New York offices into a WeWork shared workspace.

The stories from artists waiting for payment are plentiful, with outstanding sums ranging from $50 to $100,000. After Fastball completed a problem-free PledgeMusic campaign in 2017, the '90s pop-rockers returned to the service last summer to host a pre-order for a 20th anniversary reissue of the band's album All the Money Can Buy, featuring chart-topping hit "The Way." The sales ended on Nov. 9, having raised $22,000 from 500 pledgers. To date, the only payment the band has received is $895.24 to cover shipping costs on a guitar purchased by a fan in Australia. With a balance topping $21,000 still in limbo, manager Peter Wark says his requests have been consistently shuffled between different higher-ups at the company like "a game of hot potato" without providing any clarity.  "I was just getting really pissed off because they weren't responding," he says. "I can deal with failure, I can deal with excuses, but incompetence is just something that drives me crazy. Just tell me what the fuck's up."
Instrumental world music band Incendio finished a PledgeMusic campaign in September meeting 115 percent of their goal, totaling about $6,200. Of that, the band claims a first installment of $3,300 is now more than four months late, but requests for payment have been ignored. That money would be used to fulfill orders made on Pledge -- a requirement to release the remaining funds.

Folk rock duo HuDost, who first spoke with HypeBot last September about payment issues with the website, were able to obtain an initial payout from PledgeMusic -- but they are stilled owed about $8,000. Recently, the band wrote PledgeMusic to inform the company they would soon release a digital version of their new album to pledgers, which should unlock a second installment of funds, and asked when that new money would be issued. Their client manager replied saying the company is doing its "best to ensure payments are released as they are requested," but that with "the current backlog" of requests they could not "guarantee that payments will be released on time." The band is now planning to release its album early in order to "get in queue," as member Jemal Wade put it, to receive their earned payment.
Canadian rapper illvibe earned $500 on a campaign with all funds going to the nonprofit Charity: Water, but payment took more than five months and he is still waiting on $50 that was missing from the total. Singer-songwriter Mike Evin says he's owed $2,900 on remaining funds for a project that closed a month ago. Joanna Wallfisch has been owed $3,000 since October, with another $2,000 due when she finishes fulfilling her orders with her own money. Amanda Duncan is owed more than $3,000 for an album released on New Year's Day and hasn't been able to get a reply from PledgeMusic. And then of course there are the thousands of fans waiting on their orders, also now demanding action from PledgeMusic.

The PledgeMusic community is looking for answers, while questions persist beyond when they will get paid or when their products will arrive. Namely, why has the company continued to take on more clients, when it seems unable to pay those it already has?  "Yeah I want to get paid and I want to raise a stink about what happened to me, but I also want to raise awareness so people are not sending money to [PledgeMusic] and contributing to new projects that artist are starting with them," says Even. "They should not be taking on new business."
For some of PledgeMusic's artists who have spoken with reps from the company, some relief has been promised soon -- but at this point, after months of getting the runaround, it's unclear what to believe and some are preparing for the worst. As of Tuesday, ohGr had been promised 25 percent of its funds for operating capitol and to manufacture books on Friday. The band tells Billboard it was promised more money to come when the company receives an influx of capital in six weeks. It's not waiting around, though, and has decided to move all sales to BandCamp.

Meanwhile, though Fastball has fulfilled all fan orders, the band did so at its own cost and now owes its record label on the reissue, Omnivore Records, about $9,000 for the album costs. While the label has been understanding to the situation, says Wark, he's concerned the money may never come.  "I'm genuinely worried -- I don't know if we will get paid," he adds. "[PledgeMusic] may file bankruptcy and then it's a big middle finger to us."
 Read PledgeMusic's full statement here:

PledgeMusic has always been committed to serving artist and fan communities. It was established by artists and was born of a need to change the way in which the traditional music industry operated. It was designed to help artists and their teams at every level, and we believe that PledgeMusic has become an essential part of the evolving landscape of the music industry.
That said, we deeply regret that recently we have not lived up to the high standards to which PledgeMusic has always held itself. We acknowledge that many artists have and continue to experience payment delays. These delays to artists are unacceptable--not only to them, but to us.

Since its beginning, PledgeMusic has successfully serviced over 45K artists from emerging acts to some of the biggest names in the industry. We've supported 60 Grammy-nominated artists and helped springboard 100s of unsigned bands to successful careers. Our efforts have assisted over 375 artists with chart position on the Billboard Top 200. Our platform has provided close to $100m of revenue to its artist community.
Mid 2017, new investors came into PledgeMusic with the goal of strengthening the company and improving the value proposition for artists and fans. After substantial investments in the business over the past 18 months, we believe we have made good progress to that end, but it hasn’t been enough. That said, the company has cut its operating expenses nearly in half over the past year. We've overhauled key parts of our financial and operating systems, while adding talent to our roster and making enhancements to the platform like our Vinyl Store, D2C artist store-fronting and our data analytics.

While the company has made progress, we still haven't reached our goals. PledgeMusic has been in discussions with several strategic players in the industry who have interest in the PledgeMusic platform. We are evaluating a number of transactions with those potential partners, and we plan to announce details of this in the next 60 days. It is our expectation that payments will be brought current within the next 90 days.  
We accept responsibility for the fact that we have been late on payments over the past year. PledgeMusic is working tirelessly on this issue, and we are asking our community for their continued support and patience.