A contract is a legally-binding agreement which recognises and governs the rights and duties of the parties to the agreement. A contract is enforceable because it meets the requirements and approval of the law. An agreement involves the exchange of goods, money, or promises of any of those. In the event of breach of contract, the law awards the injured party access to legal remedies such as damages and cancellation. In the Anglo-American common law, formation of a contract requires an offer, consideration, a mutual intent to be bound; each party must have capacity to enter the contract. Although most oral contracts are binding, some types of contracts may require formalities such as being in writing or by deed. In the civil law tradition, contract law is a branch of the law of obligations. At common law, the elements of a contract are offer, intention to create legal relations and legality of both form and content. Not all agreements are contractual, as the parties must be deemed to have an intention to be bound.
A so-called gentlemen's agreement is one, not intended to be enforceable, "binding in honour only". In order for a contract to be formed, the parties must reach mutual assent; this is reached through offer and an acceptance which does not vary the offer's terms, known as the "mirror image rule". An offer is a definite statement of the offeror's willingness to be bound should certain conditions be met. If a purported acceptance does vary the terms of an offer, it is not an acceptance but a counteroffer and, therefore a rejection of the original offer; the Uniform Commercial Code disposes of the mirror image rule in §2-207, although the UCC only governs transactions in goods in the USA. As a court cannot read minds, the intent of the parties is interpreted objectively from the perspective of a reasonable person, as determined in the early English case of Smith v Hughes, it is important to note that where an offer specifies a particular mode of acceptance, only an acceptance communicated via that method will be valid.
Contracts may be unilateral. A bilateral contract is an agreement in which each of the parties to the contract makes a promise or set of promises to each other. For example, in a contract for the sale of a home, the buyer promises to pay the seller $200,000 in exchange for the seller's promise to deliver title to the property; these common contracts take place in the daily flow of commerce transactions, in cases with sophisticated or expensive precedent requirements, which are requirements that must be met for the contract to be fulfilled. Less common are unilateral contracts in which one party makes a promise, but the other side does not promise anything. In these cases, those accepting the offer are not required to communicate their acceptance to the offeror. In a reward contract, for example, a person who has lost a dog could promise a reward if the dog is found, through publication or orally; the payment could be additionally conditioned on the dog being returned alive. Those who learn of the reward are not required to search for the dog, but if someone finds the dog and delivers it, the promisor is required to pay.
In the similar case of advertisements of deals or bargains, a general rule is that these are not contractual offers but an "invitation to treat", but the applicability of this rule is disputed and contains various exceptions. The High Court of Australia stated that the term unilateral contract is "unscientific and misleading". In certain circumstances, an implied contract may be created. A contract is implied in fact if the circumstances imply that parties have reached an agreement though they have not done so expressly. For example, John Smith, a former lawyer may implicitly enter a contract by visiting a doctor and being examined. A contract, implied in law is called a quasi-contract, because it is not in fact a contract. Quantum meruit claims are an example. Where something is advertised in a newspaper or on a poster, the advertisement will not constitute an offer but will instead be an invitation to treat, an indication that one or both parties are prepared to negotiate a deal. An exception arises if the advertisement makes a unilateral promise, such as the offer of a reward, as in the famous case of Carlill v Carbolic Smoke Ball Co, decided in nineteenth-century England.
The company, a pharmaceutical manufacturer, advertised a smoke ball that would, if sniffed "three times daily for two weeks", prevent users from catching the'flu. If the smoke ball failed to prevent'flu, the company promised that they would pay the user £100, adding that they had "deposited £1,000 in the Alliance Bank to show our sincerity in the matter"; when Mrs Carlill sued for the money, the company argued the advert should not be taken as a serious binding offer. Although an invitation to treat cannot be accepted, it should not be ignored, for it may affect the offer. For instance, where an offer is made in response to an invitation to treat, the offer may incorporate the terms of the invitation to treat. If, as in the Boots case, the offer is made by an action without any
Acoustic music is music that or uses instruments that produce sound through acoustic means, as opposed to electric or electronic means. While all music was once acoustic, the retronym "acoustic music" appeared after the advent of electric instruments, such as the electric guitar, electric violin, electric organ and synthesizer. Acoustic string instrumentations had long been a subset of popular music in folk, it stood in contrast to various other types of music in various eras, including big band music in the pre-rock era, electric music in the rock era. Writing for Splendid, music reviewer Craig Conley suggests, "When music is labeled acoustic, unplugged, or unwired, the assumption seems to be that other types of music are cluttered by technology and overproduction and therefore aren't as pure". Acoustic instruments can be split further into three groups: string instruments, wind instruments, percussion. String instruments have a stretched string, when set in motion creates energy at harmonically related frequencies.
Wind instruments are in the shape of a pipe and energy is supplied as a stream into the pipe. Percussion instruments are anything. A term, meaning ‘not electric’, used in this special sense to designate a recording cut with a stylus activated directly by sound waves rather than by electronic impulses, or, as in ‘acoustic guitar’, an instrument not amplified electronically, it was first applied to recordings in the early 1930s, to instruments in the mid-1960s, in response to the widespread use in commercial folk and pop music of electric guitars and other electronically amplified instruments. Used of a room, it indicates that room’s acoustical characteristics; the first noted acoustic instrument is believed to be the lute, with the oldest known pictorial representation of this instrument dating back to 300 B. C; the lute is believed to have originated in Egypt, the concept of the stringed instrument was passed to the Greeks and the Romans. The Moors brought the oud into Europe during the Moorish invasion of Spain, with these two instruments rapid developments in the acoustic instrument realm occurred throughout the Renaissance in Europe.
By 1800, the most popular acoustic instruments resembled the modern day guitar, but with a smaller body. As the century continued, a luthier Antonio de Torres Jurado from Spain took these smaller instruments and adjusted the bodies to make them into what the guitar is today; the guitars use and popularity throughout the 19th century led to more acoustic instruments being established, such as the acoustic bass guitar. As the rise of electric instruments took hold during the 20th century, many stringed instruments became redefined as acoustic. Instruments which utilize the strings being struck or vibrated, such as the violin, viola and double bass, fall under the acoustic category; the violin became a popular instrument during the 16th and 17th centuries, due in large part to the technological advancements in building the, brought on by luthiers such as Antonio Stradivari and Andrea Amati. The modern version of the instrument developed from older European acoustic stringed instruments such as the lira.
Randel, Don Michael. The Harvard Dictionary of Music. Harvard University Press. ISBN 978-0-674-01163-2. Safire, William. "On Language: Retronym". New York Times Magazine: 18. International Acoustic Music Awards
Rhythm and blues
Rhythm and blues abbreviated as R&B, is a genre of popular music that originated in African American communities in the 1940s. The term was used by record companies to describe recordings marketed predominantly to urban African Americans, at a time when "urbane, jazz based music with a heavy, insistent beat" was becoming more popular. In the commercial rhythm and blues music typical of the 1950s through the 1970s, the bands consisted of piano, one or two guitars, drums, one or more saxophones, sometimes background vocalists. R&B lyrical themes encapsulate the African-American experience of pain and the quest for freedom and joy, as well as triumphs and failures in terms of relationships and aspirations; the term "rhythm and blues" has undergone a number of shifts in meaning. In the early 1950s, it was applied to blues records. Starting in the mid-1950s, after this style of music contributed to the development of rock and roll, the term "R&B" became used to refer to music styles that developed from and incorporated electric blues, as well as gospel and soul music.
In the 1960s, several British rock bands such as the Rolling Stones, the Who and the Animals were referred to and promoted as being R&B bands. Their mix of rock and roll and R&B is now known as "British rhythm and blues". By the 1970s, the term "rhythm and blues" changed again and was used as a blanket term for soul and funk. In the 1980s, a newer style of R&B developed, becoming known as "contemporary R&B", it combines elements of rhythm and blues, soul, hip hop, electronic music. Popular R&B vocalists at the end of the 20th century included Prince, R. Kelly, Stevie Wonder, Chaka Khan, Whitney Houston, Mariah Carey. In the 21st century, R&B has remained a popular genre becoming more pop orientated and alternatively influenced with successful artists including Usher, Bruno Mars, Chris Brown, Justin Timberlake, The Weeknd, Frank Ocean and Khalid. Although Jerry Wexler of Billboard magazine is credited with coining the term "rhythm and blues" as a musical term in the United States in 1948, the term was used in Billboard as early as 1943.
It replaced the term "race music", which came from within the black community, but was deemed offensive in the postwar world. The term "rhythm and blues" was used by Billboard in its chart listings from June 1949 until August 1969, when its "Hot Rhythm & Blues Singles" chart was renamed as "Best Selling Soul Singles". Before the "Rhythm and Blues" name was instated, various record companies had begun replacing the term "race music" with "sepia series". Writer and producer Robert Palmer defined rhythm & blues as "a catchall term referring to any music, made by and for black Americans", he has used the term "R&B" as a synonym for jump blues. However, AllMusic separates it from jump blues because of R&B's stronger gospel influences. Lawrence Cohn, author of Nothing but the Blues, writes that "rhythm and blues" was an umbrella term invented for industry convenience. According to him, the term embraced all black music except classical music and religious music, unless a gospel song sold enough to break into the charts.
Well into the 21st century, the term R&B continues in use to categorize music made by black musicians, as distinct from styles of music made by other musicians. In the commercial rhythm and blues music typical of the 1950s through the 1970s, the bands consisted of piano, one or two guitars, bass and saxophone. Arrangements were rehearsed to the point of effortlessness and were sometimes accompanied by background vocalists. Simple repetitive parts mesh, creating momentum and rhythmic interplay producing mellow and hypnotic textures while calling attention to no individual sound. While singers are engaged with the lyrics intensely so, they remain cool, in control; the bands dressed in suits, uniforms, a practice associated with the modern popular music that rhythm and blues performers aspired to dominate. Lyrics seemed fatalistic, the music followed predictable patterns of chords and structure; the migration of African Americans to the urban industrial centers of Chicago, New York City, Los Angeles and elsewhere in the 1920s and 1930s created a new market for jazz and related genres of music.
These genres of music were performed by full-time musicians, either working alone or in small groups. The precursors of rhythm and blues came from jazz and blues, which overlapped in the late-1920s and 1930s through the work of musicians such as the Harlem Hamfats, with their 1936 hit "Oh Red", as well as Lonnie Johnson, Leroy Carr, Cab Calloway, Count Basie, T-Bone Walker. There was increasing emphasis on the electric guitar as a lead instrument, as well as the piano and saxophone. In 1948, RCA Victor was marketing black music under the name "Blues and Rhythm". In that year, Louis Jordan dominated the top five listings of the R&B charts with three songs, two of the top five songs were based on the boogie-woogie rhythms that had come to prominence during the 1940s. Jordan's band, the Tympany Five, consisted of him on saxophone and vocals, along with musicians on trumpet, tenor saxophone, piano and drums. Lawrence Cohn described the music as "grittier than his boogie-era jazz-tinged blues". Robert Palmer described it as "urbane, jazz-based music with a heavy, insistent beat".
Jordan's music, along with that of Big Joe Turner, Roy Brown, Billy Wright, Wynonie Harris, is now referred to as jump blues. Paul Gayten, Roy Brown, others had had hits in the style now referred to as rhythm and blu
An extended play record referred to as an EP, is a musical recording that contains more tracks than a single, but is unqualified as an album or LP. Contemporary EPs contain a minimum of three tracks and maximum of six tracks, are considered "less expensive and time-consuming" for an artist to produce than an album. An EP referred to specific types of vinyl records other than 78 rpm standard play and LP, but it is now applied to mid-length CDs and downloads as well. Ricardo Baca of The Denver Post said, "EPs—originally extended-play'single' releases that are shorter than traditional albums—have long been popular with punk and indie bands." In the United Kingdom, the Official Chart Company defines a boundary between EP and album classification at 25 minutes of maximum length and no more than four tracks. EPs were released in various sizes in different eras; the earliest multi-track records, issued around 1919 by Grey Gull Records, were vertically cut 78 rpm discs known as "2-in-1" records. These had finer than usual grooves, like Edison Disc Records.
By 1949, when the 45 rpm single and 331⁄3 rpm LP were competing formats, seven-inch 45 rpm singles had a maximum playing time of only about four minutes per side. As an attempt to compete with the LP introduced in 1948 by rival Columbia, RCA Victor introduced "Extended Play" 45s during 1952, their narrower grooves, achieved by lowering the cutting levels and sound compression optionally, enabled them to hold up to 7.5 minutes per side—but still be played by a standard 45 rpm phonograph. These were 10-inch LPs split onto two seven-inch EPs or 12-inch LPs split onto three seven-inch EPs, either sold separately or together in gatefold covers; this practice became much less common with the advent of triple-speed-available phonographs. Some classical music albums released at the beginning of the LP era were distributed as EP albums—notably, the seven operas that Arturo Toscanini conducted on radio between 1944 and 1954; these opera EPs broadcast on the NBC Radio network and manufactured by RCA, which owned the NBC network were made available both in 45 rpm and 331⁄3 rpm.
In the 1990s, they began appearing on compact discs. RCA had success in the format with their top money earner, Elvis Presley, issuing 28 Elvis EPs between 1956 and 1967, many of which topped the separate Billboard EP chart during its brief existence. During the 1950s, RCA published several EP albums of Walt Disney movies, containing both the story and the songs; these featured the original casts of actors and actresses. Each album contained two seven-inch records, plus a illustrated booklet containing the text of the recording so that children could follow along by reading; some of the titles included Snow White and the Seven Dwarfs and what was a recent release, the movie version of 20,000 Leagues Under the Sea, presented in 1954. The recording and publishing of 20,000 was unusual: it did not employ the movie's cast, years a 12 in 33⅓ rpm album, with a nearly identical script, but another different cast, was sold by Disneyland Records in conjunction with the re-release of the movie in 1963.
Because of the popularity of 7" and other formats, SP records became less popular and the production of SPs in Japan was suspended in 1963. In the 1950s and 1960s, EPs were compilations of singles or album samplers and were played at 45 rpm on seven-inch discs, with two songs on each side. Other than those published by RCA, EPs were uncommon in the United States and Canada, but they were sold in the United Kingdom, in some other European countries, during the 1950s and 1960s. Record Retailer printed the first EP chart in 1960; the New Musical Express, Melody Maker and Music Echo and the Record Mirror continued to list EPs on their respective singles charts. The Beatles' Twist and Shout outsold most singles for some weeks in 1963; when the BBC and Record Retailer commissioned the British Market Research Bureau to compile a chart it was restricted to singles and EPs disappeared from the listings. In the Philippines, seven-inch EPs marketed as "mini-LPs" were introduced in 1970, with tracks selected from an album and packaging resembling the album they were taken from.
This mini-LP format became popular in America in the early 1970s for promotional releases, for use in jukeboxes. Stevie Wonder included a bonus four-song EP with his double LP Songs in the Key of Life in 1976. During the 1970s and 1980s, there was less standardization and EPs were made on seven-inch, 10-inch or 12-inch discs running either 331⁄3 or 45 rpm; some novelty EPs used odd shapes and colors, a few of them were picture discs. Alice in Chains was the first band to have an EP reach number one on the Billboard album chart, its EP, Jar of Flies, was released on January 25, 1994. In 2004, Linkin Park and Jay-Z's collaboration EP, Collision Course, was the next to reach the number one spot after Alice in Chains. In 2010, the cast of the television series Glee became the first artist to have two EPs reach number one, with Glee: The Music, The Power of Madonna on the week of May 8, 2010, Glee: The Music, Journey to Regionals on the week of June 26, 2010. In 2010, Warner Bros. Records revived the format with their "Six-Pak" offering of six songs on a compact disc.
The first EPs were seven-inch vinyl records with more tracks than a normal single. Although they shared size and speed with singles, they were a recognizably different format than the seven-inch single. Alth
Singing is the act of producing musical sounds with the voice and augments regular speech by the use of sustained tonality, a variety of vocal techniques. A person who sings is called a vocalist. Singers perform music that can be sung without accompaniment by musical instruments. Singing is done in an ensemble of musicians, such as a choir of singers or a band of instrumentalists. Singers may perform as soloists or accompanied by anything from a single instrument up to a symphony orchestra or big band. Different singing styles include art music such as opera and Chinese opera, Indian music and religious music styles such as gospel, traditional music styles, world music, blues and popular music styles such as pop, electronic dance music and filmi. Singing arranged or improvised, it may be done as a form of religious devotion, as a hobby, as a source of pleasure, comfort or ritual, as part of music education or as a profession. Excellence in singing requires time, dedication and regular practice.
If practice is done on a regular basis the sounds can become more clear and strong. Professional singers build their careers around one specific musical genre, such as classical or rock, although there are singers with crossover success, they take voice training provided by voice teachers or vocal coaches throughout their careers. In its physical aspect, singing has a well-defined technique that depends on the use of the lungs, which act as an air supply or bellows. Though these four mechanisms function independently, they are coordinated in the establishment of a vocal technique and are made to interact upon one another. During passive breathing, air is inhaled with the diaphragm while exhalation occurs without any effort. Exhalation may be aided by lower pelvis/pelvic muscles. Inhalation is aided by use of external intercostals and sternocleidomastoid muscles; the pitch is altered with the vocal cords. With the lips closed, this is called humming; the sound of each individual's singing voice is unique not only because of the actual shape and size of an individual's vocal cords but due to the size and shape of the rest of that person's body.
Humans have vocal folds which can loosen, tighten, or change their thickness, over which breath can be transferred at varying pressures. The shape of the chest and neck, the position of the tongue, the tightness of otherwise unrelated muscles can be altered. Any one of these actions results in a change in pitch, timbre, or tone of the sound produced. Sound resonates within different parts of the body and an individual's size and bone structure can affect the sound produced by an individual. Singers can learn to project sound in certain ways so that it resonates better within their vocal tract; this is known as vocal resonation. Another major influence on vocal sound and production is the function of the larynx which people can manipulate in different ways to produce different sounds; these different kinds of laryngeal function are described as different kinds of vocal registers. The primary method for singers to accomplish this is through the use of the Singer's Formant, it has been shown that a more powerful voice may be achieved with a fatter and fluid-like vocal fold mucosa.
The more pliable the mucosa, the more efficient the transfer of energy from the airflow to the vocal folds. Vocal registration refers to the system of vocal registers within the voice. A register in the voice is a particular series of tones, produced in the same vibratory pattern of the vocal folds, possessing the same quality. Registers originate in laryngeal function, they occur. Each of these vibratory patterns appears within a particular range of pitches and produces certain characteristic sounds; the occurrence of registers has been attributed to effects of the acoustic interaction between the vocal fold oscillation and the vocal tract. The term "register" can be somewhat confusing; the term register can be used to refer to any of the following: A particular part of the vocal range such as the upper, middle, or lower registers. A resonance area such as chest voice or head voice. A phonatory process A certain vocal timbre or vocal "color" A region of the voice, defined or delimited by vocal breaks.
In linguistics, a register language is a language which combines tone and vowel phonation into a single phonological system. Within speech pathology, the term vocal register has three constituent elements: a certain vibratory pattern of the vocal folds, a certain series of pitches, a certain type of sound. Speech pathologists identify four vocal registers based on the physiology of laryngeal function: the vocal fry register, the modal register, the falsetto register, the whistle register; this view is adopted by many vocal pedagogues. Vocal resonation is the process by which the basic product of phonation is en
MTV is an American pay television channel owned by Viacom Media Networks and headquartered in New York City. The channel was launched on August 1, 1981, aired music videos as guided by television personalities known as "video jockeys". At first, MTV's main target demographic was young adults, but today it is teenagers high school and college students. Since its inception, MTV has toned down its music video programming and its programming now consists of original reality and drama programming and some off-network syndicated programs and films, with limited music video programming in off-peak time periods. MTV had struggled with the secular decline of music-related subscription-based media, its ratings had been said to be failing systematically, as younger viewers shift towards other media platforms, with yearly ratings drops as high as 29%. In April 2016, then-appointed MTV president Sean Atkins announced plans to restore music programming to the channel. Under current MTV president Chris McCarthy, reality programming has once again become prominent.
MTV has spawned numerous sister channels in the U. S. and affiliated channels internationally, some of which have gone independent, with 90.6 million American households in the United States receiving the channel as of January 2016. Several earlier concepts for music video-based television programming had been around since the early 1960s; the Beatles had used music videos to promote their records starting in the mid-1960s. The creative use of music videos within their 1964 film A Hard Day's Night the performance of the song "Can't Buy Me Love", led MTV on June 26, 1999, to honor the film's director Richard Lester with an award for "basically inventing the music video". In his book The Mason Williams FCC Rapport, author Mason Williams states that he pitched an idea to CBS for a television program that featured "video-radio", where disc jockeys would play avant-garde art pieces set to music. CBS rejected the idea, but Williams premiered his own musical composition "Classical Gas" on the Smothers Brothers Comedy Hour, where he was head writer.
In 1970, Philadelphia-based disc jockey Bob Whitney created The Now Explosion, a television series filmed in Atlanta and broadcast in syndication to other local television stations throughout the United States. The series featured promotional clips from various popular artists, but was canceled by its distributor in 1971. Several music programs originating outside of the US, including Australia's Countdown and the United Kingdom's Top of the Pops, which had aired music videos in lieu of performances from artists who were not available to perform live, began to feature them by the mid-1970s. In 1974, Gary Van Haas, vice president of Televak Corporation, introduced a concept to distribute a music video channel to record stores across the United States, promoted the channel, named Music Video TV, to distributors and retailers in a May 1974 issue of Billboard; the channel, which featured video disc jockeys, signed a deal with US Cable in 1978 to expand its audience from retail to cable television.
The service was no longer active by the time MTV launched in 1981. In 1977, Warner Cable a division of Warner Communications and the precursor of Warner-Amex Satellite Entertainment launched the first two-way interactive cable television system named QUBE in Columbus, Ohio; the QUBE system offered many specialized channels. One of these specialized channels was Sight on Sound, a music channel that featured concert footage and music-oriented television programs. With the interactive QUBE service, viewers could vote for their favorite artists; the original programming format of MTV was created by media executive Robert W. Pittman, who became president and chief executive officer of MTV Networks. Pittman had test-driven the music format by producing and hosting a 15-minute show, Album Tracks, on New York City television station WNBC-TV in the late 1970s. Pittman's boss Warner-Amex executive vice president John Lack had shepherded PopClips, a television series created by former Monkee-turned solo artist Michael Nesmith, whose attention had turned to the music video format in the late 1970s.
The inspiration for PopClips came from a similar program on New Zealand's TVNZ network named Radio with Pictures, which premiered in 1976. The concept itself had been in the works since 1966, when major record companies began supplying the New Zealand Broadcasting Corporation with promotional music clips to play on the air at no charge. Few artists made the long trip to New Zealand to appear live. On Saturday, August 1, 1981, at 12:01 AM Eastern Time, MTV was launched with the words "Ladies and gentlemen and roll," spoken by John Lack and played over footage of the first Space Shuttle launch countdown of Columbia and of the launch of Apollo 11; those words were followed by the original MTV theme song, a crunching rock tune composed by Jonathan Elias and John Petersen, playing over the American flag changed to show MTV's logo changing into various textures and designs. MTV producers Alan Goodman and Fred Seibert used this public domain footage as a concept. A shortened version of the shuttle launch ID ran at the top of every hour in various forms, from MTV's first day until it was pulled in early 1986 in the wake of the Challenger disaster.
Tony Palacios is the lead guitarist of the Christian hard rock band, Guardian. Palacios joined the band in 1986 and has remained with them since, releasing nine studio albums, including three in Spanish. In 1998, Palacios released his first instrumental guitar solo album entitled Epic Tales of Whoa! on Cadence Records. The album was assembled over a ten-year period, received critical acclaim from the metal community. Presently he is working as a sound mixer and producer for various Christian artists. Palacios is best known for his use of synthetic noises in combination with "natural" guitars and other instruments to create interesting or inspiring sounds