“Is that rock you’ve been flaunting really a diamond?

“Ever since the DeBeers Group managed to convince a significant part of the English-speaking world that “A Diamond is Forever” — and that a diamond solitaire ring all but guarantees a successful proposal of marriage — would-be grooms have been searching for ways to get more bling for their buck. With the arrival of gem-quality synthetic diamonds, they may have found it.

“Tiny diamond crystals have been produced for industrial purposes for decades, but the past few years have seen companies like Gemesis and Apollo Diamond develop multiple methods for growing large, near-flawless diamonds. These “cultured” diamonds are physically and chemically ‘real’ diamonds, not cubic zirconia or some other substance, and are for most jewelers indistinguishable from mined diamonds. Except, of course, for the price.”

Counterfeit Chic. A Fiancée’s Best Friend? June 1, 2006.

CopyCense™: The law, business, and technology of digital content. A business venture of Seso Digital LLC.

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CommuniK Commentary by K. Matthew Dames

This topic is far beyond our normal editorial scope, but I am going to make some brief comments about it because it involves music (which we do cover), and it resonates with me.

The BBC reported Saturday about the Trinity International Hip-Hop Festival, which occurred last weekend in (of all places) Hartford, CT. The article touches on a number of interesting themes, including the continuing internationalization of hip hop. This is something one rarely hears about in the United States. The core theme of the article, however, discusses how hip hop is a verbal protest vehicle in virtually every place it is heard except in the United States.

A recent international hip-hop festival which brought together rap artists from around the world has raised the question of why non-US rap is so political — whereas mainstream American rap appears frivolous.

Many of the performers at the three-day Trinity International Hip-Hop Festival in Hartford, Connecticut, were critical of the way that U.S. rap — which is by far the best-selling — appears concerned mostly with money, drugs and sex, and has little to do with its roots in the angry political expression of groups like Public Enemy or KRS One. …

But Jacqueline Springer, of the BBC’s urban music station 1Xtra, pointed out that the age of the average rap fan has decreased, which has transformed what rap artists produce. “They don’t really want to hear about your opposition to George Bush — they’d much rather hear about what you want to do with George Bush’s wife,” she said.

American hip hop always has had a symbiotic relationship with bling. (Several aspects of the historical relationship between bling and beats is addressed in Minya Oh’s book Bling Bling: Hip Hop’s Crown Jewels; 2005, Wenner Books) Still, the balance between materialism and music seems to swing inordinately in favor of materialism in today’s domestic hip hop.

At its core, hip hop is about “playing the dozens” — you make jokes about me, my clothes, and my mother, and I retaliate in jest. And to some degree, hip hop’s bling culture is just a contemporary extension of “the dozens”: I have cash (and the trinkets that go with having cash), you don’t (so you’re walking to the party instead of rolling up in the fly whip), and this means that I’ll get the girl and you won’t. (The purchasability of feminine attention always has been a standard theme in hip hop music.)

By the way, if you’ve ever watched an episode of MTV’s Yo Momma, then you’ve witnessed a perfect example of the pollination between hip hop and “the dozens.”

Even beyond the women and the snaps, hip hop artists always have been fascinated with their ability (real or imagined) to monetize with authority. Run-DMC launched its career talking about how Larry “put [us] inside his Cadillac; the chauffeur drove off and we never came back.” True heads always grin when they recall Slick Rick putting his Ballys on with six minutes remaining before showtime. Few can forget the leather and gold chains — although I’d live peacefully if I never saw a “dookie” chain again — and Jay-Z has said (accurately) “I’m not a businessman, I’m a business, man.”

Taking things a step further, since bling equals attention, bling often has been the primary way hip hop artists have chosen to call attention to themselves. To riff off the late Ralph Wiley, bling has been the way this generation of black people has tended to shout. The difference between the bling orientation today and hip hop’s early days 30 years ago — that’s right, 30 years ago — is that back then, blingology usually was tempered with some minimal, yet clear acknowledgment that the world in which we live has some problems.

For example, “The Message” by Grandmaster Flash and the Furious Five opens

Broken glass everywhere

People pissing on the stairs, you know they just

Don’t care

I can’t take the smell, I can’t take the noise

Got no money to move out, I guess I got no choice

Rats in the front room, roaches in the back

Junkies in the alley with a baseball bat

I tried to get away, but I couldn’t get far

Cause the man with the tow-truck repossessed my car

With very little changes, those lyrics could appear in a blues or country song because they’re about pain, protest, edge, and survival — all universal issues. My father liked “The Message” when it was released; hell, it remains one of the few rap songs he continues to appreciate today. In the eighties, radio stations regularly played “The Message,” kids bought the record, and teenagers danced to it. In other words, in hip hop’s formative years, the protest or issue song was as much a part of the culture as the bling.

In comparison, today’s hip hop features lots of bullets, bling, and booty, but very little of the perspective that manifests itself in tracks like “The Message.” Protest and commentary songs are not played on the radio and do not get aired as music videos. Further, sexuality is much more prominent now that the dominant form of promotion is visual than aural. It is potentially far more lucrative for Bubba Sparxxx to talk about Ms. New Booty than it is for him to talk about the conditions that lead to the objectification of young women.

Underlying this entire change in hip hop ethos is money. When Melle Mel discussed conditions in the South Bronx, hip hop wasn’t a billion dollar industry. It is now, cutting across fashion (Phat Farm, RocaWear, and Sean John), broadcasting, distilled spirits (Armadale vodka), film (Warner Bros.’ ATL), journalism (The Source), literature (authors Toure and Nelson George), and sports (much of the NBA). And I’d posit the main reason protest and commentary remain part of hip hop outside the U.S. is because ridiculous amounts of money haven’t infected the culture abroad to the degree that it has here. Yet.

It will be interesting to see 10 years from now, whether international hip hop retains its protest and commentary roots once money arrives and the music associates itself with bling, drugs, guns, violence, and female posteriors. I’m betting it won’t, and we’ll get another article from the BBC, this one aghast at what one MC has verbalized doing with Queen Elizabeth.

BBC News. World Hip-Hop Questions U.S. Rap. April 29, 2006.

CopyCense™: K. Matthew Dames on the law, business, and technology of digital content. A business venture of Seso Digital LLC. CopyCense and CommuniK. are trademarks of Seso Digital LLC.

“For the past several years, as the music and movie industries have gradually consolidated ever more authoritarian control over their copyrights, the fashion industry has been held up as an implicit rebuke to their autocratic ways. Fashion, the story goes, is a similarly creative industry, yet it operates with essentially no prohibition against design copying.

“This laissez-faire idyll may soon be a thing of the past, though. The Council of Fashion Designers of America is meeting with members of Congress tomorrow to gather support for a bill to offer copyrightlike protection to clothing designs.”

Henry Lanman. Copycatfight. Slate. March 13, 2006.

See also:

CopyCense. Lawsuits? Fashion Don’t Need No Stinkin’ Lawsuits. March 1, 2006.

Updates:

Eric Wilson. O.K., Knockoffs, This Is War. The New York Times. March 30, 2006

CopyCense™: K. Matthew Dames on the intersection of business, law and technology. A business venture of Seso Digital LLC.

Advocates for strong IP rights argue that absent such rights copyists will free-ride on the efforts of creators and stifle innovation. This orthodox justification is logically straightforward and well reflected in the law. Yet a significant empirical anomaly exists: the global fashion industry, which produces a huge variety of creative goods without strong IP protection. Copying is rampant as the orthodox account would predict. Yet innovation and investment remain vibrant.

Why, when other major content industries have obtained increasingly powerful IP protections for their products, does fashion design remain mostly unprotected — and economically successful? The fashion industry is a puzzle for the orthodox justification for IP rights. This paper explores this puzzle.

Kal Raustiala & Chris Sprigman. The Piracy Paradox: Innovation and Intellectual Property in Fashion Design. Social Science Research Network. January 2006.

See also:

Rick Karr. Fashion Industry Copes with Designer Knockoffs. National Public Radio. Sept. 18, 2003.

Jennifer Mencken. A Design for the Copyright of Fashion. Boston College Intellectual Property & Technology Forum. Dec. 12, 1997.

CopyCense™: K. Matthew Dames on the intersection of business, law and technology. A business venture of Seso Digital LLC.

“There’s no more highly paid model in the world than Victoria’s Secret babe Gisele Bundchen. The lingerie company shells out around $5 million per year to the 25-year-old Brazilian beauty. But Bundchen doesn’t get a cut of every bra the corporation sells.

“To pocket that kind of “passive” income, Bundchen turned to Brazilian shoe company Grendene, which markets Ipanema Gisele Bundchen sandals. The company slaps the model’s name and likeness on every box of sandals it sells, and in exchange Bundchen pockets around 7% of the wholesale revenue.

“Only the superstars can keep their careers going for much after they turn 30. Assuming she hasn’t married a hedge fund tycoon or just wants to keep working, what’s a supermodel to do?”

Kiri Blakeley. Most Entrepreneurial Supermodels. Forbes.com. Feb. 3, 2006.

CopyCense™: K. Matthew Dames on the intersection of business, law and technology. A business venture of Seso Digital LLC.