This editorial is copyright 2013 by Antonio J. García and originally was published in the MENC Music Educators Journal, Vol. 100, No. 2, December 2013. It is used by permission of the author and, as needed, the publication. Some text variations may occur between the print version and that below. All international rights remain reserved; it is not for further reproduction without written consent.

 

A Wider Perspective

by Antonio J. García

It was with interest that I read the June 2013 MEJ article by Evan S. Tobias, "Toward Convergence: Adapting Music Education to Contemporary Society and Participatory Culture." In particular, I noted his statement that "clear-cut rules to determine whether students' engagement and interaction with existing music qualify as fair use do not exist" (p. 34). He emphasizes that he is speaking only of noncommercial use in the schools, stating that "[Renee] Hobbs argues that educators' reliance on industry-sponsored guidelines and oversimplified resources have led to confusion, misinformation, and a narrowing of educators" application of fair use (p. 34) Similarly, educators, publishers, composers, students, lawyers, legislators, the public, and judges may have differing perspectives on what students can or cannot or should and should not do with compositions in relation to the musical practices [covering, arranging, parodying, satirizing ...]. As Tobias states, "It is critical that music educators dialogue with all parties affected by copyright law, fair use, and contemporary musical practices to develop guidelines for moving forward" (p. 34).

I could not agree more. The topic of fair use as it applies to educational arranging and performance in the classroom and by school ensembles is a constantly evolving legal matter, and many in the above constituencies see a great deal of latitude for school activity. For example, fair use allows anyone to perform a tune after its first public performance; and to perform it, you often have to arrange it. Top-40 "cover bands" bands don't seek permission to arrange songs by the Beatles or Lady Gaga, and the royalties from their live performances proceed from the venue to the rights-owner. Because copyright law makes no distinction between pop, jazz, or classical cover bands or choirs, considerable dialogue on this subject has taken place and will continue.

My impression from faithfully reading MEJ and TM has been that NAfME's publications have conveyed to its members only the very strictest interpretations of what is actually a wide range of extant legal opinion on copyright law and music. I am pleased that NAfME members are now receiving the more balanced view from their periodicals, as Evan Tobias has presented here.

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Antonio J. García is a Professor of Music and Director of Jazz Studies at Virginia Commonwealth University, where he directs the Jazz Orchestra I; instructs Applied Jazz Trombone, Small Jazz Ensemble, Music Industry, and various jazz courses; founded a B.A. Music Business Emphasis (for which he initially served as Coordinator); and directs the Greater Richmond High School Jazz Band. An alumnus of the Eastman School of Music and of Loyola University of the South, he has received commissions for jazz, symphonic, chamber, film, and solo works—instrumental and vocal—including grants from Meet The Composer, The Commission Project, The Thelonious Monk Institute, and regional arts councils. His music has aired internationally and has been performed by such artists as Sheila Jordan, Arturo Sandoval, Jim Pugh, Denis DiBlasio, James Moody, and Nick Brignola. Composition/arrangement honors include IAJE (jazz band), ASCAP (orchestral), and Billboard Magazine (pop songwriting). His works have been published by Kjos Music, Hal Leonard, Kendor Music, Doug Beach Music, ejazzlines, Walrus, UNC Jazz Press, Three-Two Music Publications, and his own garciamusic.com, with five recorded on CDs by Rob Parton’s JazzTech Big Band (Sea Breeze and ROPA JAZZ). His scores for independent films have screened across the U.S. and in Italy, Macedonia, Uganda, Australia, Colombia, India, Germany, Brazil, Hong Kong, Mexico, Israel, Taiwan, and the United Kingdom.

A Bach/Selmer trombone clinician, Mr. García serves as the jazz clinician for The Conn-Selmer Institute. He has freelanced as trombonist, bass trombonist, or pianist with over 70 nationally renowned artists, including Ella Fitzgerald, George Shearing, Mel Tormé, Doc Severinsen, Louie Bellson, Dave Brubeck, and Phil Collins—and has performed at the Montreux, Nice, North Sea, Pori (Finland), New Orleans, and Chicago Jazz Festivals. He has produced recordings or broadcasts of such artists as Wynton Marsalis, Jim Pugh, Dave Taylor, Susannah McCorkle, Sir Roland Hanna, and the JazzTech Big Band and is the bass trombonist on Phil Collins’ CD “A Hot Night in Paris” (Atlantic) and DVD “Phil Collins: Finally...The First Farewell Tour” (Warner Music). An avid scat-singer, he has performed vocally with jazz bands, jazz choirs, and computer-generated sounds. He is also a member of the National Academy of Recording Arts & Sciences (NARAS). A New Orleans native, he also performed there with such local artists as Pete Fountain, Ronnie Kole, Irma Thomas, and Al Hirt.

Mr. García is a Research Faculty member at The University of KwaZulu-Natal (Durban, South Africa) and the Associate Jazz Editor of the International Trombone Association Journal. He serves as a Network Expert (for Improvisation Materials) for the Jazz Education Network and has served as President’s Advisory Council member and Editorial Advisory Board member. His newest book, Jazz Improvisation: Practical Approaches to Grading (Meredith Music), explores avenues for creating structures that correspond to course objectives. His book Cutting the Changes: Jazz Improvisation via Key Centers (Kjos Music) offers musicians of all ages the opportunity to improvise over standard tunes using just their major scales. He is Co-Editor and Contributing Author of Teaching Jazz: A Course of Study (published by NAfME) and authored a chapter within The Jazzer’s Cookbook (published by Meredith Music). Within the International Association for Jazz Education he served as Editor of the Jazz Education Journal, President of IAJE-IL, International Co-Chair for Curriculum and for Vocal/Instrumental Integration, and Chicago Host Coordinator for the 1997 Conference. He served on the Illinois Coalition for Music Education coordinating committee, worked with the Illinois and Chicago Public Schools to develop standards for multi-cultural music education, and received a curricular grant from the Council for Basic Education. He has also served as Director of IMEA’s All-State Jazz Choir and Combo and of similar ensembles outside of Illinois. He is the recipient of the Illinois Music Educators Association’s 2001 Distinguished Service Award.

Regarding Jazz Improvisation: Practical Approaches to Grading, Darius Brubeck says, "How one grades turns out to be a contentious philosophical problem with a surprisingly wide spectrum of responses. García has produced a lucidly written, probing, analytical, and ultimately practical resource for professional jazz educators, replete with valuable ideas, advice, and copious references." Jamey Aebersold offers, "This book should be mandatory reading for all graduating music ed students." Janis Stockhouse states, "Groundbreaking. The comprehensive amount of material García has gathered from leaders in jazz education is impressive in itself. Plus, the veteran educator then presents his own synthesis of the material into a method of teaching and evaluating jazz improvisation that is fresh, practical, and inspiring!" And Dr. Ron McCurdy suggests, "This method will aid in the quality of teaching and learning of jazz improvisation worldwide."

About Cutting the Changes, saxophonist David Liebman states, “This book is perfect for the beginning to intermediate improviser who may be daunted by the multitude of chord changes found in most standard material. Here is a path through the technical chord-change jungle.” Says vocalist Sunny Wilkinson, “The concept is simple, the explanation detailed, the rewards immediate. It’s very singer-friendly.” Adds jazz-education legend Jamey Aebersold, “Tony’s wealth of jazz knowledge allows you to understand and apply his concepts without having to know a lot of theory and harmony. Cutting the Changes allows music educators to present jazz improvisation to many students who would normally be scared of trying.”

Of his jazz curricular work, Standard of Excellence states: “Antonio García has developed a series of Scope and Sequence of Instruction charts to provide a structure that will ensure academic integrity in jazz education.” Wynton Marsalis emphasizes: “Eight key categories meet the challenge of teaching what is historically an oral and aural tradition. All are important ingredients in the recipe.” The Chicago Tribune has highlighted García’s “splendid solos...virtuosity and musicianship...ingenious scoring...shrewd arrangements...exotic orchestral colors, witty riffs, and gloriously uninhibited splashes of dissonance...translucent textures and elegant voicing” and cited him as “a nationally noted jazz artist/educator...one of the most prominent young music educators in the country.” Down Beat has recognized his “knowing solo work on trombone” and “first-class writing of special interest.” The Jazz Report has written about the “talented trombonist,” and Cadence noted his “hauntingly lovely” composing as well as CD production “recommended without any qualifications whatsoever.” Phil Collins has said simply, “He can be in my band whenever he wants.” García is also the subject of an extensive interview within Bonanza: Insights and Wisdom from Professional Jazz Trombonists (Advance Music), profiled along with such artists as Bill Watrous, Mike Davis, Bill Reichenbach, Wayne Andre, John Fedchock, Conrad Herwig, Steve Turre, Jim Pugh, and Ed Neumeister.

The Secretary of the Board of The Midwest Clinic, Mr. García has adjudicated festivals and presented clinics in Canada, Europe, Australia, The Middle East, and South Africa, including creativity workshops for Motorola, Inc.’s international management executives. The partnership he created between VCU Jazz and the Centre for Jazz and Popular Music at the University of KwaZulu-Natal merited the 2013 VCU Community Engagement Award for Research. He has served as adjudicator for the International Trombone Association’s Frank Rosolino, Carl Fontana, and Rath Jazz Trombone Scholarship competitions and the Kai Winding Jazz Trombone Ensemble competition and has been asked to serve on Arts Midwest’s “Midwest Jazz Masters” panel and the Virginia Commission for the Arts “Artist Fellowship in Music Composition” panel. He has been repeatedly published in Down Beat; JAZZed; Jazz Improv; Music, Inc.; The International Musician; The Instrumentalist; and the journals of NAfME, IAJE, ITA, American Orff-Schulwerk Association, Percussive Arts Society, Arts Midwest, Illinois Music Educators Association, and Illinois Association of School Boards. Previous to VCU, he served as Associate Professor and Coordinator of Combos at Northwestern University, where he taught jazz and integrated arts, was Jazz Coordinator for the National High School Music Institute, and for four years directed the Vocal Jazz Ensemble. Formerly the Coordinator of Jazz Studies at Northern Illinois University, he was selected by students and faculty there as the recipient of a 1992 “Excellence in Undergraduate Teaching” award and nominated as its candidate for 1992 CASE “U.S. Professor of the Year” (one of 434 nationwide). He was recipient of the VCU School of the Arts’ 2015 Faculty Award of Excellence for his teaching, research, and service. Visit his web site at <www.garciamusic.com>.

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