When Patton Oswalt‘s Talking For Clapping won the 2017 Grammy Award for Best Comedy Album, he wasn’t the only Netflix comedian to get a nod. David Cross was nominated for …America…Great… as well. Both had previously released comedy specials with the streaming giant in 2016 (Oswalt’s Talking For Clapping and Cross’ Make America Great Again!), but neither was nominated for a Grammy. That’s because filmed specials are not eligible for consideration as no such Grammy category exists for them. Convert these specials into albums, however, and you’re as good as a golden gramophone.
This is precisely what Oswalt, Cross, and fellow nominees Tig Notaro and Amy Schumer did. Other comedians have done the same thing for most of the category’s nearly 60-year history, and the 2018 nominees are no different. All five — Dave Chappelle’s Deep in the Heart of Texas/The Age of Spin, Jim Gaffigan’s Cinco, Jerry Seinfeld’s Jerry Before Seinfeld, Sarah Silverman’s A Speck of Dust, and Kevin Hart’s What Now? — are albums based on specials. Unlike last year’s nominees, most of these are former Netflix specials. What’s more, the streaming service is directly responsible for the album conversions thanks to a new partnership with Comedy Dynamics. Netflix, therefore, might nab its first Grammy win on Sunday, but at what cost?
Consider the fact that Oswalt’s 2017 Grammy win didn’t go to Netflix. The company may have streamed the special, but the album was produced and released by Aspecialthing Records, a Los Angeles-based comedy label. They were the ones who garnered recognition from the Recording Academy instead of Netflix. Even Cross’s nomination didn’t go to them. (Neither did a 2016 nomination for Wyatt Cenac’s Brooklyn, a Netflix special released as an album by Amalgamated Bear.) Instead, Cross self-produced and self-released …America…Great… on CD. This is also why these albums are all available to stream on music services like Spotify, but Chappelle and Silverman’s are not.
Which makes complete business sense. Netflix wouldn’t want non-subscribers to have streaming access to its exclusive content. The problem is, not releasing an album means they can never be eligible for the Grammy. Thanks to the Comedy Dynamics team-up, however, the company no longer finds itself left out. As the Wall Street Journal reported last month, Netflix “submitted a dozen of its original stand-up comedy specials to compete as comedy albums.” All were vinyl LPs, most of which were released a day before the September 30th submission deadline, and they were only available for purchase via Amazon. Chappelle, Silverman, Gaffigan, and Seinfeld’s specials-turned-albums were all a part of the mix, as were conversions of Amy Schumer, Marc Maron, Neal Brennan, and Trevor Noah‘s specials. In other words, Netflix found a loophole.