Fighting a Health Insurance Denial

Seven tips to help.

When Sally Nix found out that her health insurance company wouldn’t pay for an expensive, doctor-recommended treatment to ease her neurological pain, she prepared for battle.

It took years, a chain of conflicting decisions, and a health insurer switch before she finally won approval. She started treatment in January and now channels time and energy into helping other patients fight denials.

“One of the things I tell people when they come to me is: ‘Don’t panic. This isn’t a final no,’” said Nix, 55, of Statesville, N.C.

To control costs, nearly all health insurers use a system called prior authorization, which requires patients or their providers to seek approval before they can get certain procedures, tests and prescriptions.

Denials can be appealed, but nearly half of insured adults who received a prior authorization denial in the last two years reported the appeals process was either somewhat or very difficult, according to a July poll published by KFF, a health information nonprofit that includes KFF Health News.

“It’s overwhelming by design,” because insurers know confusion and fatigue cause people to give up, Nix said. “That’s exactly what they want you to do.”

The good news is you don’t have to be an insurance expert to get results, she said. “You just need to know how to push back.”

Here are tips to consider when faced with a prior authorization denial:

1. Know your insurance plan.

Do you have insurance through your job? A plan purchased through healthcare.gov? Medicare? Medicare Advantage? Medicaid?

These distinctions can be confusing, but they matter a great deal. Different categories of health insurance are governed by different agencies and are therefore subject to different prior authorization rules.

For example, federal marketplace plans, as well as Medicare and Medicare Advantage plans, are regulated by the U.S. Department of Health and Human Services. Employer-sponsored plans are regulated by the Department of Labor. Medicaid plans, administered by state agencies, are subject to both state and federal rules.

Learn the language specific to your policy. Health insurance companies do not apply prior authorization requirements uniformly across all plans. Read your policy closely to make sure your insurer is following its own rules, as well as regulations set by the state and federal government.

2. Work with your provider to appeal.

Kathleen Lavanchy, who retired in 2024 from a job at an inpatient rehabilitation hospital in the Philadelphia area, spent much of her career communicating with health insurance companies on behalf of patients.

Before you contact your health insurer, call your provider, Lavanchy said, and ask to speak to a medical care manager or someone in the office who handles prior authorization appeals.

The good news is that your doctor’s office may already be working on an appeal.

Medical staffers can act as “your voice,” Nix said. “They know all the language.”

You or your provider can request a “peer-to-peer” review during the appeals process, which allows your doctor to discuss your case over the phone with a medical professional who works for the insurance company.

3. Be organized.

Many hospitals and doctors use a system called MyChart to organize medical records, test results, and communications so that they are easily accessible. Similarly, patients should keep track of all materials related to an insurance appeal — records of phone calls, emails, snail mail, and in-app messages.

Everything should be organized, either digitally or on paper, so that it can be easily referenced, Nix said. At one point, she said, her own records proved that her insurance company had given conflicting information. The records were “the thing that saved me,” she said.

“Keep an amazing paper trail,” she said. “Every call, every letter, every name.”

Linda Jorgensen, executive director of the Special Needs Resource Project, a nonprofit offering online resources for patients with disabilities and their families, has advised patients who are fighting a denial to specifically keep paper copies of everything.

“If it isn’t on paper, it didn’t happen,” she said.

Jorgensen, who serves as a caregiver to an adult daughter with special needs, created a free form you can print to help guide you when taking notes during phone calls with your insurance company. She advised asking the insurance representative for a “ticket number” and their name before proceeding with the conversation.

The silver lining is that most denials, if appealed, are overturned. (...)

For the sake of speed, some people are turning to artificial intelligence for help crafting customizable appeal letters. (...)

4. Find an advocate.

Many states operate free consumer assistance programs, available by phone or email, which can help you file an appeal. They can explain your benefits and may intervene if your insurance company isn’t complying with requirements.

Beyond that, some nonprofit advocacy groups, such as the Patient Advocate Foundation, might help. On the foundation’s website is guidance about what to include in an appeal letter. For those battling severe disease, foundation staffers can work with you one-on-one to fight a denial.

by Lauren Sausser, LA Times | Read more:
Image: Helen Quach/Los Angeles Times

[ed. PSA for future reference.]

The Unbelievable Scale of AI’s Pirated-Books Problem

When employees at Meta started developing their flagship AI model, Llama 3, they faced a simple ethical question. The program would need to be trained on a huge amount of high-quality writing to be competitive with products such as ChatGPT, and acquiring all of that text legally could take time. Should they just pirate it instead?

Meta employees spoke with multiple companies about licensing books and research papers, but they weren’t thrilled with their options. This “seems unreasonably expensive,” wrote one research scientist on an internal company chat, in reference to one potential deal, according to court records. A Llama-team senior manager added that this would also be an “incredibly slow” process: “They take like 4+ weeks to deliver data.” In a message found in another legal filing, a director of engineering noted another downside to this approach: “The problem is that people don’t realize that if we license one single book, we won’t be able to lean into fair use strategy,” a reference to a possible legal defense for using copyrighted books to train AI.

Court documents released last night show that the senior manager felt it was “really important for [Meta] to get books ASAP,” as “books are actually more important than web data.” Meta employees turned their attention to Library Genesis, or LibGen, one of the largest of the pirated libraries that circulate online. It currently contains more than 7.5 million books and 81 million research papers. Eventually, the team at Meta got permission from “MZ”—an apparent reference to Meta CEO Mark Zuckerberg—to download and use the data set.

This act, along with other information outlined and quoted here, recently became a matter of public record when some of Meta’s internal communications were unsealed as part of a copyright-infringement lawsuit brought against the company by Sarah Silverman, Junot Díaz, and other authors of books in LibGen. Also revealed recently, in another lawsuit brought by a similar group of authors, is that OpenAI has used LibGen in the past. (A spokesperson for Meta declined to comment, citing the ongoing litigation against the company. In a response sent after this story was published, a spokesperson for OpenAI said, “The models powering ChatGPT and our API today were not developed using these datasets. These datasets, created by former employees who are no longer with OpenAI, were last used in 2021.”)

Until now, most people have had no window into the contents of this library, even though they have likely been exposed to generative-AI products that use it; according to Zuckerberg, the “Meta AI” assistant has been used by hundreds of millions of people (it’s embedded in Meta products such as Facebook, WhatsApp, and Instagram). (...)

Meta and OpenAI have both argued in court that it’s “fair use” to train their generative-AI models on copyrighted work without a license, because LLMs “transform” the original material into new work. The defense raises thorny questions and is likely a long way from resolution. But the use of LibGen raises another issue. Bulk downloading is often done with BitTorrent, the file-sharing protocol popular with pirates for its anonymity, and downloading with BitTorrent typically involves uploading to other users simultaneously. Internal communications show employees saying that Meta did indeed torrent LibGen, which means that Meta could have not only accessed pirated material but also distributed it to others—well established as illegal under copyright law, regardless of what the courts determine about the use of copyrighted material to train generative AI. (Meta has claimed that it “took precautions not to ‘seed’ any downloaded files” and that there are “no facts to show” that it distributed the books to others.) OpenAI’s download method is not yet known.

Meta employees acknowledged in their internal communications that training Llama on LibGen presented a “medium-high legal risk,” and discussed a variety of “mitigations” to mask their activity. One employee recommended that developers “remove data clearly marked as pirated/stolen” and “do not externally cite the use of any training data including LibGen.” Another discussed removing any line containing ISBN, Copyright, ©, All rights reserved. A Llama-team senior manager suggested fine-tuning Llama to “refuse to answer queries like: ‘reproduce the first three pages of “Harry Potter and the Sorcerer’s Stone.”’” One employee remarked that “torrenting from a corporate laptop doesn’t feel right.”

It is easy to see why LibGen appeals to generative-AI companies, whose products require huge quantities of text. LibGen is enormous, many times larger than Books3, another pirated book collection whose contents I revealed in 2023. Other works in LibGen include recent literature and nonfiction by prominent authors such as Sally Rooney, Percival Everett, Hua Hsu, Jonathan Haidt, and Rachel Khong, and articles from top academic journals such as Nature, Science, and The Lancet. It includes many millions of articles from top academic-journal publishers such as Elsevier and Sage Publications.

by Alex Reisner, The Atlantic | Read more:
Image: Matteo Giuseppe Pani
[ed. Zuckerberg should have his own chapter in the Book of Liars (a notable achievement, given the competition). See also: These People Are Weird (WWL). But there's also some good news: First of its kind” AI settlement: Anthropic to pay authors $1.5 billion (ArsT):]

"Today, Anthropic likely breathes a sigh of relief to avoid the costs of extended litigation and potentially paying more for pirating books. However, the rest of the AI industry is likely horrified by the settlement, which advocates had suggested could set an alarming precedent that could financially ruin emerging AI companies like Anthropic." 

Juarez Machado
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Intellectual Loneliness

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[ed. Sounds about right.]

Wu Guanzhong, Hometown of Lu Xun

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Some Parts of You Only Emerge for Certain People

I think about this Virginia Woolf quote often. To me, it speaks to love’s power as an act of invention, the way certain people draw out a version of you that didn’t exist before they arrived. They witness you, and thus, rearrange you. In their presence, words you didn’t know you knew tumble out. Your thoughts sharpen, colours seem richer, you inhabit yourself more fully.

We all carry endless hidden selves and latent worlds, waiting for the right gaze to bring them to the surface. I’ve felt this in my bones: relationships that have remade me, expanded me, taught me. Time and again, people have been the most transformative engine for becoming I’ve ever known.

Every enduring friendship, every romance worth the name, behaves like a kind of psychic technology. Two minds meet, exchange a pattern of attention, and, almost invisibly, each begins to reorganise around the other. What starts as perception becomes structure.

Henrik Karlsson captures the mechanism simply: relationships are co-evolutionary loops. Beyond sociology, it feels like spiritual physics. Who we choose to orbit defines, over time, the texture and colour palette of our becoming. Love becomes a technology of transformation, a living interface between selves. To love well is to take part in someone else’s unfolding, even as they take part in yours. (...)

I’ve often felt how literal that process can be, like a slow annealing of the self under another’s attention. A few months ago, I read an essay that rearranged me: What is Love? by Qualia Computing, which frames love as a kind of neural annealing. In metallurgy, annealing is the process of heating metal until its internal structure loosens, then cooling it slowly so it hardens into a stronger, more resilient form. The lattice reorganises; the material changes.

The essay suggests that in high-energy emotional states, such as falling in love, grief, awe, psychedelics, deep meditation, the brain becomes molten, its patterns loosened, more open to reorganisation. The person we focus on in these states becomes like a mold for the cooling metal, shaping how our thoughts settle, what habits crystallise, what identities take hold.

This is why the right gaze, the right conversation, can change you down to the grain. Emotional heat loosens the architecture of the self, and in the presence of someone who sees you vividly, the molten structure reforms around their image of you. What remains afterwards is stronger, different, marked by the shape of their attention. Attention becomes anchor; identity reshapes in response to their rhythms, their gaze. Perhaps this is why the right presence can feel like destiny: whole inner continents, hidden selves and latent worlds, begin to surface, shaping you into someone you hadn’t yet met. 

by Maja, Velvet Noise | Read more:
Images: Virginia Wolff; Banksy

The Techno-Humanist Manifesto (Part 2, Chapter 8)

Previously: The Unlimited Horizon, part 1.

Is there really that much more progress to be made in the future? How many problems are left to solve? How much better could life really get?

After all, we are pretty comfortable today. We have electricity, clean running water, heating and air conditioning, plenty of food, comfortable clothes and beds, cars and planes to get around, entertainment on tap. What more could we ask for? Maybe life could be 10% better, but 10x? We seem to be doing just fine.

Most of the amenities we consider necessary for comfortable living, however, were invented relatively recently; the average American didn’t have this standard of living until the mid-20th century. The average person living in 1800 did not have electricity or plumbing; indeed the vast majority of people in that era lived in what we would now consider extreme poverty. But to them, it didn’t feel like extreme poverty: it felt normal. They had enough food in the larder, enough water in the well, and enough firewood to last the winter; they had a roof over their heads and their children were not clothed in rags. They, too, felt they were doing just fine.

Our sense of “enough” is not absolute, but relative: relative to our expectations and to the standard of living we grew up with. And just as the person who felt they had “enough” in 1800 was extremely poor by the standards of the present, we are all poor by the standards of the future, if exponential growth continues.

Future students will recoil in horror when they realize that we died from cancer and heart disease and car crashes, that we toiled on farms and in factories, that we wasted time commuting and shopping, that most people still cleaned their own homes by hand, that we watched our thermostats carefully and ran our laundry at night to save on electricity, that a foreign vacation was a luxury we could only indulge in once a year, that we sometimes lost our homes to hurricanes and forest fires.

Putting it positively: we are fabulously rich by the standards of 1800, and so we, or our descendants, can all be fabulously rich in the future by the standards of today.

But no such vision is part of mainstream culture. The most optimistic goals you will hear from most people are things like: stop climate change, prevent pandemics, relieve poverty. These are all the negation of negatives, and modest ones at that—as if the best we can do in the future is to raise the floor and avoid disaster. There is no bold, ambitious vision of a future in which we also raise the ceiling, a future full of positive developments.

It can be hard to make such a vision compelling. Goals that are obviously wonderful, such as curing all disease, seem like science fiction impossibilities. Those that are more clearly achievable, such as supersonic flight, feel like mere conveniences. But science fiction can come true—indeed, it already has, many times over. We live in the sci-fi future imagined long ago, from the heavier-than-air flying machines of Jules Verne and H. G. Wells to the hand-held communicator of Star Trek. Nor should we dismiss “mere” conveniences. Conveniences compound. What seem like trivial improvements add up, over time, to transformations. Refrigerators, electric stoves, washing machines, vacuum cleaners, and dishwashers were conveniences, but together they transformed domestic life, and helped to transform the role of women in society. The incremental improvement of agriculture, over centuries, eliminated famine.

So let’s envision a bold, ambitious future—a future we want to live in, and are inspired to build. This will be speculative: not a blueprint drawn up with surveyor’s tools, but a canvas painted in broad strokes. Building on a theme from Chapter 2, our vision will be one of mastery over all aspects of nature:

by Jason Crawford, Roots of Progress |  Read more:

Image: uncredited

[ed. Part 2, Chapter 8. (yikes). You can see I've come late to this. Essays on the philosophy of human progress. Well worth exploring (jump in anywhere). Introduction and chapter headings (with links) found here: Announcing The Techno-Humanist Manifesto (RoP).]

Yuko Murakoshi
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Cao Yang

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Peter Doig, Milky Way, 1990
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Institutions

Institutions and a Lesson for Our Time from the Late Middle Ages. No institution of politics or society is immune to criticism. I have met no one who would really believe this, even if notional liberals and notional conservatives both have their protected favorites. But the spirit of the time is leading directly to the destruction of institutions that are essential for our cultural, social, political, intellectual, and individual health and survival. This is a two-way street, by the way. Both wings of the same bird of prey do it throughout the Neoliberal Dispensation in the Global North and a few other places.

I am currently reading The World at First Light: A New History of the Renaissance by Bernd Roeck (transl. Patrick Baker, 2025). At 949 pages and 49 chapters, I’ll complete the task in a month at 1-2 chapters per evening. I hope. We are still only just past Magna Carta (1215) in Chapter 12: “Vertical Power, Horizontal Power.” Both axes of power are essential in any society larger than a small group of hunter gatherers. Here is Professor Bernd on institutions:

Institutions – that dry term, which we have already encountered in the discussion of universities and in other contexts, denotes something very big and important. Institutions are what first allow the state to become perpetual; without them, it dies. If advisers appear as the mind and memory of the body politic, and the military its muscles, it is law and institutions that provide a skeleton for the state. They alone are capable of establishing justice over the long term. Only they can set limits to power and arbitrary will. They preserve knowledge of how to achieve success, as well as reminders of mistakes to be avoided in the future. No one knew this better than Cicero, who emphasized the Roman Republic’s special ability to gather experience and make decisions based on it. Before the advent of modernity, no section of the globe created institutions as robust and effective as those that developed in medieval Latin Europe. Moreover, these institutions were highly inclusive. The guaranteed protection under the law and the right to private property, provided education, and were relatively pluralistic (i.e., horizontally structured).

Indeed, Rome owed its success to its institutions. They then provided the states consolidating during the Middle Ages with models of compelling rationality.

This is not the place to quibble about details. But those who want to destroy our political, cultural, social, and educational institutions rather than improve them or refocus them along lines upon which reasonable people will agree? These unreasonable people are not to be respected:

“We want the bureaucrats to be traumatically affected,” Vought (Russell Vought, OMB Director) said in a video revealed by ProPublica and the research group Documented in October. “When they wake up in the morning, we want them to not want to go to work, because they are increasingly viewed as the villains. We want their funding to be shut down … We want to put them in trauma.”

Well, it is working and the lack of imagination and humanity here is striking. These “bureaucrats” are the scientists who make sure our food is safe and that the chemical plant on the waterfront is not dumping its waste into the tidal creek. They are the scientists who hunt down the causes of emerging diseases. They are the meteorologists at the National Hurricane Center who have gotten so very good at predicting the paths of cyclones. They are the men and women who sign up Vought’s parents for Social Security and Medicare. They are the people of the IRS who sent me a substantial tax refund because I overpaid, something pleasant I did not ask for nor expect. They are also the professors who teach engineers how to build bridges that will bear the load and teach medical students the basics of health and disease. And yes, they are the professors who teach us there is No Politics But Class Politics. The key here is that all of this is debatable by reasonable men and women of good will.

To paraphrase Justice Oliver Wendell Holmes, the institutions funded by our taxes are the cost of civilization. Perhaps we will remember this ancient wisdom before it is too late? Probably not. The urge to burn it all down, instead of rewiring the building and replacing the roof, is strong.

by KLG, Naked Capitalism |  Read more:

Marcin Wasilewski Trio

Sudovian Dance

Writing Workshops Are F**king Useless

I am a writer and professor, with an MFA in creative writing, and I detest the writing workshop. The writing workshop is widely considered to be the best means (at least in America) of forging an existence for writers, young and old, of harvesting the best of their work and sustaining their practice. As both a writer and a professor, and furthermore as a reader, this is something I find simultaneously ridiculous, infuriating, and depressing. In a field, perhaps the only field, quite literally named in the spirit of “creativity,” how is it possible that one mode of instruction, taught most notably at a small school in Iowa, has entirely won the day when it comes to the education of artists? How has the market been so cornered? How have the options become so limited? How have professors become so convinced that this method—in a field, it needs be mentioned, constantly being asked whether it’s something that can even really be taught; and this by writers, readers, professors, deans, parents and everybody else—that this method of instruction is simply the way? Especially when we’ve got mountains—almost all of literature produced ever—of evidence to the contrary? (...)

I think that workshops represent a pretty fundamental misunderstanding of what ought to be encouraged in the experience and expression of any young artist. They all seem tethered to history with very selective gaps that ignore the solitary plight of so many artists we now recognize as geniuses; they simply ignore what has made literature so vital and so powerful across time, and in my estimation they do so at their peril. Programs are still enjoying the novelty of their existence today—as I said, the numbers of applicants seem just fine, on the uptick even—but unwillingness to adapt and improve will almost certainly begin to strangle off this pink cloud, and reading accounts of bad experiences only hammers this home with vengeance.

Bearing this reality in mind, what are some feasible adjustments that might be made to the workshop model if this kind of discipline is not to become more of an homogenous soup than it already is, dense with justifiable complaint and dissatisfaction? If we can accept that there is a fundamental misunderstanding inherent in the model of sitting a beginning artist in a room of their peers and having their nascent works critiqued in a rote, occasionally praiseful, occasionally scornful, always misguided effort to uphold an arbitrary connection to a school in Iowa, then it would behoove us to look at that misunderstanding to find any clarities. How have writers, before the existence of any writing workshop ever, done what they did? How did Herman Melville write? How did Virginia Woolf? And here it’s important to not simply throw out the whole enterprise, because 1) I like my job, and 2) We exist in a culture already entirely hostile to this pursuit, and academic disciplines make adjustments constantly, so it doesn’t pull any rug of legitimacy out from under us to say we’re adapting, implementing new models, exploring other paths than the one that’s grown stale, and repetitive, and actively harmful in countless circumstances.

What do I do? I am presently adapting. What I’ve tended to do is preface my class with a note that workshopping is technically a requirement where I teach these courses, and thus I will give them demonstrations of the workshop experience, and I will work with them to comment on things in a useful manner in one another’s work, but that the whole of the class will not be tethered to this model. Instead, we do these things, but then I’ll introduce this notion of the literary/arts “salon,” an open environment, wherein we’re all struggling, all trying to figure shit out, and whether we might wish to share something one day, or talk about something we’ve read recently, or simply complain about how impossible it seems to be to get published, these are all treated as the real, useful stuff of writing, because, once they leave school, they are. I did this in a course where everyone tried, over the semester, to write a novella. I wrote one with everybody, based on a set of three possible prompts each week. Everybody attempted 1,000 words per week. Some days we all simply came to class and wrote. Some days we talked about novels we’d all been reading per the class list. Some days we’d circle up and share from our work, but never was it the case that one person found their work being the focus of critique for any prolonged period. This has nothing to do with discomfort. The simple fact is that art is not made by committees. Even in the cases of film, where arguably a group, i.e. a committee, is wielding influence over the whole, there are inevitably voices exerting more influence on the entire process, if not one single voice, and we as audiences are better off for this. This is an undeniable truth when it comes to writing. Writers are people, and thus they can occasionally benefit from social interaction as regards their work. Some of them might thrive on it, and might be highly receptive to critique, and might be able to implement those critiques in ways that endlessly benefit the work. This concoction of human being has yet to cross my path, but I’m sure they exist. For the rest of us, perhaps simply fostering a community where we feel comfortable pursuing our interest is the thing. Perhaps that’s plenty.

by Republic of Letters |  Read more:

Image: Unterberg Poetry Center (404)

[ed. Writing workshops - a niche topic for sure. What I found most interesting is the promotion of 'salons', or something like them ever since reading Hemingway's A Moveable Feast back in college and missing old philosophical/brainstorming sessions (in contrast to rote lecture/test classes). Basically, a more interactive, open-ended, ideas-based approach to learning, with lots of applications beyond basic schooling and education, especially in business. See also: The Salons Project.]

***

Salons were an important place for the exchange of ideas. The word salon first appeared in France in 1664 (from the Italian salone, the large reception hall of Italian mansions; salone is actually the augmentative form of sala, room). Literary gatherings before this were often referred to by using the name of the room in which they occurred, like cabinet, réduit, ruelle, and alcôve. Before the end of the 17th century, these gatherings were frequently held in the bedroom (treated as a more private form of drawing room): a lady, reclining on her bed, would receive close friends who would sit on chairs or stools drawn around. (...)

Breaking down the salons into historical periods is complicated due to the various historiographical debates that surround them. Most studies stretch from the early 16th century up until around the end of the 18th century. Goodman is typical in ending her study at the French Revolution where, she writes: 'the literary public sphere was transformed into the political public'. Steven Kale is relatively alone in his recent attempts to extend the period of the salon up until Revolution of 1848:

A whole world of social arrangements and attitude supported the existence of French salons: an idle aristocracy, an ambitious middle class, an active intellectual life, the social density of a major urban center, sociable traditions, and a certain aristocratic feminism. This world did not disappear in 1789.

In the 1920s, Gertrude Stein's Saturday evening salons (described in Ernest Hemingway's A Moveable Feast and depicted fictionally in Woody Allen's Midnight in Paris) gained notoriety for including Pablo Picasso and other twentieth-century luminaries like Alice B. Toklas.

Roadside Attractions

Man walking his dinosaur, Murdo, South Dakota. June 2018

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Tom Gauld - Mooncop
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Universal Music Group is Going After Rick Beato

Just when you thought major labels couldn't get more stupid...

I lost faith in the music industry decades ago, and I’ll never get it back. You will have an easier time convincing me that Elvis still lives in Graceland or Santa Claus delivers gifts from an Amazon truck.

I’ve heard too many horror stories and I’ve seen too much firsthand. I eventually came up with my “Idiot Nephew Theory” to explain why major record labels seem so much more stupid than other businesses.

Here’s how I’ve described it:

THE IDIOT NEPHEW THEORY: Whenever a record label makes a strategic decision, it picks the option that the boss’s idiot nephew thinks is best.

And what do idiot nephews decide? That’s easy—they always do whatever the company lawyer recommends.

But just when I think I’ve seen it all, some new kind of stupid comes my way via the music biz.

And that’s the case right now. Universal Music Group has gone to war with Rick Beato.

If UMG were wise, they would thank Mr. Beato, who works tirelessly to grow the audience for their recording artists. Rick is smart and trustworthy, and is probably the most influential music educator in the world right now.

He does his work on YouTube, where he has more than five million subscribers. I’m one of them. I learn a lot from Rick’s videos, and have been fortunate to be his guest on two occasions (here and here).

He offers sharp commentary, and has conducted smart interviews with Sting, Pat Metheny, Rick Rubin, David Gilmour, Ron Carter, George Benson, Keith Jarrett, Michael McDonald, Jimmy Webb, and many other legends. These artists open up with Rick, because he is so knowledgeable, with big ears and a big heart.

So why is Universal Music upset?

Like any music educator, Beato plays a few seconds of the songs he discusses on these videos. But he’s very careful to limit himself to just a short extract—and this is allowed by law.

It’s called fair use. And it’s part of our copyright law.

Universal Music can’t change fair use standards. But it can file a constant stream of copyright infringement complaints with YouTube. And this puts Beato in a difficult situation—because he will get banned from YouTube after just three copyright strikes.

If that happens, his 2,000 videos disappear from the web—including all those historic interviews. His five million subscribers lose a trusted voice.

That may be what Universal Music wants. Listen to Beato explain this dire situation:

Universal Music is making surprising claims. On a short 42-second video on Olivia Rodrigo, Beato included just ten seconds of a song. But UMG still charged him with copyright violation—although this seems a straightforward example of fair use.

Beato pushes back and successfully defends his fair use rights—but the disputes keep coming. He showed us his email box on the recent video.

Rick has been forced to hire a fulltime lawyer to handle the endless stream of infringement claims. He has won repeatedly—but maybe that’s what gets the label so upset.

“We have successfully fought thousands of these now,” Rick explains in the video. “But it literally has cost me so much money to do this. Since we’ve been fighting these things and have never lost one, they still keep coming in….And they’re all Universal Music Group.”

“It looks to me like Rick Beato was targeted,” claims lawyer Krystle Delgado, who runs the Top Music Attorney channel on YouTube. “What the major labels have said in their closed door meetings to me is nothing short of shocking.”

“If you try fighting them, they get upset,” she adds. “And that’s when this thing starts to escalate.” She notes that her other clients run into this problem and one company—Universal Music Group—is the leading instigator. (...)

I could share many other videos expressing support of Beato. But you get the idea—the wider community of music educators and commentators is alarmed.

This is sad confirming evidence for my Idiot Nephew Theory. Maybe some corporate lawyer thinks this is a smart strategy for UMG. But people who care about music see it differently—they know how destructive this kind of behavior really is. (...)

His audience knows how much good Beato does. We see how much he loves the music and how much he supports the record labels and their artists. They should give him their support in return.

by Ted Gioia, Honest Broker |  Read more:

Image: YouTube/Rick Beato

[ed. Everyone knows about Rick, right? If you don't, choose any musical artist that comes to mind and you'll probably find an interview or analysis of their music on his channel. A great educator, historian, and fine musician in his own right. Also, for an additional dose of stupidity, see: We've Reached the Sad Cracker Barrel Stage of Cultural Evolution (HB):]

***

"Hey, I love American traditions as much as the next bumpkin. But Cracker Barrel isn’t a tradition by any stretch of the imagination. The company was founded on September 19, 1969. That’s exactly one month after the end of Woodstock.

Even Jed Clampett could sniff out the phoniness at this chain restaurant.

Cracker Barrel is a postmodern pastiche of rural tropes. Jean Baudrillard would call it a simulacrum. By that he means that it’s a symbol disconnected from reality—it merely refers vaguely to other symbols.

So you can’t bring back my grandpa’s Cracker Barrel—because my paw-paw never saw a Cracker Barrel. (...)

The biggest shareholder is BlackRock. Did you think it was Dolly Parton or Willie Nelson?"

Summer Travel Stats

Gen Z Spending the Most on Travel

All generations are spending more on trips this summer, with trip costs rising an average of 36% compared to 2023.

Notable Stats:

• Gen Z is spending an average of $11,766 on trips, surpassing all other generations for the first time in 4 years

• While Millennials are spending the least on travel this year, their year-over-year spending has increased the most by almost 50%

Costs and lack of interest are keeping non-travelers at home

Domestic trips may be more wallet-friendly, but many Americans still cite cost as the top reason they’re not traveling this summer. More than 6 in 10 non-travelers (65 percent) say they can’t afford to travel this summer, while 23 percent say they’re skipping summer travel because they aren’t interested in traveling right now (respondents could choose more than one option). Other prominent reasons behind not traveling include: 

• Can’t take time off work: 16 percent
• Too much of a hassle: 16 percent
• Worried about air travel safety: 15 percent
• My health and age: 15 percent

Read more: Summer 2024 Travel Trends: Gen Z Spends, Europe Reigns; and, Survey: Fewer Than Half of Americans Plan to Travel This Summer; Cost is a Major Concern

Evolution of Emotions

"If you understand that every experience you have now becomes part of your brain's ability to predict, then you realize that the best way to change your past is to change your present."

Neuroscientist Lisa Feldman Barrett, PhD, psychologist Paul Eckman, PhD, and psychotherapist Esther Perel, PhD, explain how the brain constantly rebuilds emotions from memory and prediction. According to their research, by choosing new experiences today, we can reshape how our past influences us, gain more control over our feelings, and create new possibilities for connection and growth.

LISA FELDMAN BARRETT: It can certainly feel like emotions happen to you. That they bubble up and cause you to do and say things, but that experience is an illusion that the brain creates.

Not everybody has as much control as they might like, but everybody has a little more control than they think they do. When you're experiencing emotion or you're in an emotional state, what your brain is doing is telling itself a story about what is going on inside your body in relation to what's happening in the world. Your brain is always regulating your body. Your body is always sending sensory information back to your brain, and your brain isn't wired in a way for you to experience those sensory changes specifically. Instead, what you experience is a summary. And that's where those simple feelings come from.

If you understand that every experience you have now becomes part of your brain's ability to predict, then you realize that the best way to change your past is to change your present. Just in the same way that you would exercise to make yourself healthier, you can invest energy to cultivate different experiences for yourself. The fact that your brain is using your past experience to predict what you're going to see, and hear, and feel means that you are an architect of your experience, and that doesn't involve breaking predictions. It involves seeding your brain to predict differently.

PAUL EKMAN: It's my belief that the way in which emotions evolved was to deal with things like saber-toothed tigers, the current incarnation of which is the car that's suddenly lurching at your car at a high speed. You don't have time to think. In split seconds, you have to do and make very complex decisions, and if you had to think about what you were doing, you'd be dead. It's a system that evolved to deal with really important things without your thinking about it.

So that means that sometimes, you're gonna be very unconsidered, very thoughtless. Well, these exercises that we're giving people, moving their facial muscles, concentrating on the sensations to make them more aware of an emotion when it arises, so that they will feel it at the moment and then can say, "Did she really mean to ignore me? No, it was just an accident." Or, "Maybe I shouldn't jump to the conclusion that she doesn't care about me at all."

The way in which we can improve our emotional life is to introduce conscious awareness. Nature did not want you to do that. So you have to do it yourself.

ESTHER PEREL: All relationships are colored with expectations about myself and about the other. My expectations influence that which I then see or hear. It is a filter, as well as my mood. That is one of the most important things to understand about relationships and communication — how people actually co-create each other in the context of a relationship because those people make part of who we are.

We will draw from them the very things which we expect from them, even when it's the opposite of what we really want. A lot of emphasis is put on our ability to say certain things, to say them in the right way, to articulate our needs, our feelings, our thoughts, our positions, our opinions. What is lacking is the ability to see that speaking is entirely dictated by the quality of the listening that is reflected back on us.

by Paul Ekman with Lisa Feldman Barrett, Big Think |  Read more:
Image: Jon Han

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Spinal Tap II: The End Continues

[ed. The boys are back. Coming September 12 to a theater near you.]

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[ed. See also: Rob Reiner on ‘Spinal Tap II’ and His Real Rock Memories (RS).]