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Music Media

Janis Ian on Life in the Music Business 295

Y'all didn't pull any punches in the questions you asked, and Janis didn't pull any in her answers. But then, the word "outspoken" has been used to describe Janis ever since she recorded Society's Child at the age of 15, back in 1965.

1) How much?
by evilviper

What percentage do you make of the sticker-price of your CDs?

Janis:
As the artist/singer, that's a tough one, because it depends on the contract, and also the sticker price. For instance, contractually I make a smaller amount on records that are priced "mid-line", cut-outs, singles, cassettes, compilations... well, you get the idea! It also depends on the era; my first contract, with Verve (now Polygram) had a royalty rate of 2%. Current royalty rates are 12-20%. Generally, figure that if I was completely paid back, there were no new charges for shipping/ distribution/ advertising/ travel/ phones/ faxes/ artwork/ publicity/ promotion/ manufacturing etc etc, I would make around $1-$2 on a list price of $17.98. Alas, that never happens, because records get high list price only when there's a lot of promotion behind them. On mid-line (you buy it for $12.98), my take drops to around 85 cents, and on down the line.

As the songwriter, I make less if I write the songs - then the record company invokes a 75% clause, where they only pay the songwriter/recording artist 75% of the Congressionally set statutory rate for writing/publishing the song. Their original argument, around 10 years ago, was that artists who insisted on recording their own songs cut the chances of a hit record, because the record company couldn't recommend potential hit songs for them to record.

Also, if you know, how much of that price is going to pay for advertising, studio time, et al., and how much is pure profit for the record companies?

Janis:
Almost impossible to determine; you'd have to know the advertising budget, studio budget etc. On my CD Breaking Silence, which is owned by Morgan Creek throughout most of the world, I paid for the entire record myself, so there were no recording costs. We've sold about 100,000 of them worldwide. I haven't seen royalties.

Do you not find it strange that a 2-hour DVD, with commentary, subtitles, and extra scenes, can be sold for less than $10, while few audio CDs are that low priced?

Janis:
I don't find it strange, I find it reprehensible.

2) Radio Station consolidation
by gorilla

When you entered the music business, radio stations were diverse. In the last few years, this diversity has disappeared. Do you have any comments on this?

Janis:
Maybe it's all part of a great international conspiracy to deprive us of choice while driving us crazy with limited playlists of bad music? Maybe the conspiracy includes not just record companies (who benefit because it's much cheaper to sell a million copies of 1 CD by 1 artist than to sell a million CD's by a million artists to a million different people), but also radio stations (who may need that new refrigerator/trip to Cancun to meet a new artist/free lunch/widescreen TV for the office much more than you or I need good, varied music), and drug companies who are using the incredible psychoses derived from hearing a Backstreet Boys single three thousand times to push their drugs on us?

Seriously, diversity is something record companies can't afford anymore - not the majors, at any rate. I'd go to this article, posted at Linux Journal, which quotes a Newsweet article (July 15,2002) by Steven Levy saying "So why are the record labels taking such a hard line? My guess is that it's all about protecting their Internet-challenged business model. Their profit comes from blockbuster artists. If the industry moved to a more varied ecology, independent labels and artists would thrive--to the detriment of the labels, which would have trouble rustling up the rubes to root for the next Britney. The smoking gun comes from testimony of an RIAA-backed economist who told the government fee panel that a dramatic shakeout in Webcasting is "inevitable and desirable because it will bring about market consolidation." That's really it in a nutshell. "Market consolidation" means the less artists they have to promote, the less ultimate dollars they'll spend. The smaller the playlist, the greater the chance that audiences will buy something from that playlist alone - because that's all you'll be able to find out there.

3) Indentured Servitude
by zapfie

In one of your interviews, you mentioned that contracts with the music industry should be likened to indentured servitude (must produce X albums, but the label has the final say on if what you produce was acceptable). Why do you think so many artists willingly accept these terms? What can be done to promote contracts that are more fair?

Janis:
Ah, you're into a two-fold problem here. Fold one is that the record companies hold all the cards; if you want to be famous, you have to go the mainstream route. If you want huge success, you have to go the mainstream route. If you want worldwide success, you have to go the mainstream route. And until we see our first Internet & Live Shows Only artist sell a million CDs without a label deal, the major labels will be the only mainstream route available. Don't quote Grateful Dead statistics to me - they're the exception, not the rule.

Fold two is that everybody wants to be famous these days, and enough is never enough. Let me use an example: in their mid-20s, my grandparents were thrilled to have a small refrigerator (without freezer) and gas stove with a tiny oven. The house had one TV. My parents assumed they were due a bigger fridge with freezer, four burner stove and three-rack oven, dishwasher, toaster, mixmaster etc. The house had two TV's. My generation went for all that, plus microwave, automatic coffee maker, food processor, and a TV for living room, bedroom, and kitchen. The next generation assumes they're due all of that, plus espresso machine, bread maker, etc. And there's a TV in pretty much every room.

It's the same with being famous. In my grandparent's day, you got famous if you were a criminal or a politician. Artists whose fame went beyond regional were really rare; worldwide fame, even for classical artists, was almost non-existent. Nowadays, with television and magazines making it seem like there are more famous people than not, every artist figures they, too, can get really, really famous. And they want the whole hog.

I think (musing on a personal note here) that's one of the benefits of my not being twenty any more, or even thirty. I'm painfully aware that I will never have another hit record; no label's going to invest that kind of money in me. (As an aside, the big Carlos Santana album cost $750,000 to make, and $1,500,000 to promote. That's a lot of money, and it wouldn't have happened if Clive Davis hadn't needed to prove a point after initially being "retired from active duty".)

Believe me, it took me years to get comfortable with that conclusion. But once I was comfortable, I could look around at my life and be pretty happy. Ten years ago I was still chasing the brass ring, waiting for my 16th platinum record to happen. Now, I'm thrilled that I can gig whenever I want, record what I want, and make a living doing what I love. I know it sounds disgustingly Pollyanna-ish, but there it is.

4) Life without RIAA
by ahknight

RIAA is evil. This is an established fact of life. What I'd like to know, from an artist's standpoint, is how SHOULD it be? Now you sign with a label that helps production and then calls you a hired hand and steals your music. How should it work, start to finish? What's currently broken that's stopping this? Do you have any ideas on how we can fix this for the artist, as a society? How can we get involved to help the artists?

Janis:
Oh God... what a huge question! And unfortunately, impossible for me to answer. It should work so there's a fair contract on both sides; no one disagrees that record companies bear the brunt of the initial cost, everyone agrees that they deserve to make money. The question is - how much money, and at whose ultimate expense?

I don't know that you can blanketly call the RIAA evil. They wouldn't exist without support of the media conglomerates, remember. I agree that they're much, much more aggressive (nosy? greedy?) since Hilary took the reins, but ultimately it starts at the top. And the top is the buyer, the one with all the money.

How should it work? Gee, we should all be good friends, make our deals on handshakes, and always keep our word. That would be a good start. Seriously, I don't know. I do know that record companies have become way too big; there are arguably only five major labels left in the United States, and of those five, four are owned by people in other countries. I do think absentee landlordism is a lot of the problem; how can someone in Germany, or Japan, or Alpha Centauri for that matter, have any idea what consumers and artists in the US are feeling?

Another problem is the lawyers, who are paid for tying artists up as long and as cheaply as possible. And the fact that in the 70s, music became a "growth industry". Through the 50s and 60s, there were plenty of businessmen involved, but by and large they went into the music industry because they also loved music. Sure, they treated artists like shit in the main, but at least they were fun to work with. Somewhere around 1976/1977, you began seeing Harvard Business School grads going into record companies, and there was the death knell. That, and cocaine use by the executives, which made them fritter away their time engaging in pissing contests with one another. That's how these ridiculous artist advances got started. Whoever heard of an artist like Mariah Carey being dropped by her record company, and paid a zillion dollars to leave - only to turn around and get another zillion from another company?! It's absurd.

As to how you can get involved? start with getting political, and voting. Check your own representatives' voting records on issues having to do with this. Support live music, and buy your CD's at the shows - at least then some of the money will funnel right back to the artist!

5) How has the RIAA changed?
by tinrobot

I'm curious - you're an artist who's been in the business for a number of (ahem) years. How has the RIAA changed since you signed your first recording contract?

Janis:
Technically, the RIAA was formed in 1952 to "facilitate the technical standardization of records by bringing together engineers from member companies to develop the RIAA curve, a frequency response specification for optimizing the performance of phonographic playback systems." In other words, they were formed to make sure the science of recording was optimally used by all companies, in formats that everyone could play. In 1958, they decided to copy RCA/Victor's creation of a "gold record" (which they gave the Glen Miller Orchestra), and awarded the first one to Perry Como. When I was a kid, that was their entire job - certifying gold records. There are a lot of rumors about back-door dealings in that process, by the way, none of which I'll go into here, but most of which are on the Internet.

With the advent of Hilary Rosen, the RIAA took on a whole new gamut of "problems", and began holding themselves out as defenders of intellectual property rights/defenders of artist's rights/defenders of record company rights (choose one). And that's what they are now - defenders of various rights they determine are important for the good of the mainstream record industry. Unfortunately, just like defense attorneys, they never ask whether their client is guilty - they just try to get him the best deal possible.

One huge change is the amount of things the RIAA control, and the way they exercise that control. For instance, in order to buy a copy of one of my gold/platinum albums in Nashville as a gift for someone, I have to go to one store that's "licensed" by the RIAA to produce those. That's the only store in Nashville, believe it or not, and they're usually backed up several months (not to mention that the first run is always wrong, and has to be re-done. Once they even spelled my name wrong.) When I asked a friend who owns a framing shop why she didn't try to get an RIAA account, she looked into it, and was told they had to apply. The person they spoke with didn't think they would be approved, because they weren't "the type", and he warned them that it would cost $5,000 a year for the privilege, as well as their having to fulfill a minimum amount of orders. They'd also have to be re-approved yearly. In other words, whoever drops the most sugar in the lemonade, gets to have a lemonade stand.

Another huge change is the money involved. When I was 15 and first nominated for a Grammy, I went to the award show with Arlo Guthrie, and all the industry people were saying "Gosh, if we could just get some radio coverage..." A gold record was one that sold 50,000 dollars worth of units. It was a much, much smaller business, and consequently the stakes were much lower. Now, the record industry is where the movie industry was in the early 60's, and the stakes are huge. Witness Rosen's salary, over seven figures, not counting perks. Well worth lobbying for things she may not agree with!

6) What about the future?
by mshomphe

I don't think many can argue that the overall experience of downloading/ripping/burning music is still prohibitive to many. People will still buy CDs and whatnot because the current technology does not allow for immediate, complete, high-quality copies to be made. In that way, modern filesharing is very much like sharing tapes. This, in my opinion, does help artists.

However, let's take a look into the future. Let's say that technology has evolved to the point where one can transfer complete, same as CD-quality albums in less than a second, and imprint them onto CD (or whatever the current technology is) in even less time. One click allows me to fully reproduce Janis Ian's latest release - liner notes & all. At that point, should artists be worried? Or, to put it more generally, should artists always permit the reproducing of their works?

Janis:
Lots of different questions in there! Let's see... yes, I think artists should be worried. Artists should always be worried about something; it's good for our work.

If you can transfer complete CD-quality albums quickly and easily, then reproduce all the artwork, somehow get it on the CD, have the labels come out perfectly-sized to fit a blank CD box, etc etc? Well, then maybe people will really start selling their CD's on line. Maybe the entire business paradigm will move to online distribution. For that matter, online production is only a few clicks away; I can go realtime with Pro-Tools and be working with my engineer in LA right now, making the next album. It's not as much fun, but it's do-able.

I think, as I said in my follow-up article, that the music industry is going to have to provide more and better content in its CDs. Maybe CDs all become DVDs, and you get not just the music, but interviews, concert footage, games, whatever. I don't have the answer.

I do know that in my own opinion, you can't stop file-sharing. Therefore you've got to come up with a better alternative.

7) RIAA Attitude to all this
by sdjunky

What has been the RIAA's or labels' attitude about your online pieces regarding the "biz"BPO/ and have you received threats (legal or otherwise) for speaking so candidly about it?

Janis:
Stunned silence? annoyed silence? loud and angry silence? Hilary is a very bright woman, one might even say brilliant, and a savvy politician. She sent me a lovely email telling me that while she disagreed with a number of things I said, she admired my writing style.

As to the labels, I've heard from numerous executives, secretaries, and everything in between, saying they agree with me but want to remain anonymous for fear of their jobs.

About the only other fallout is that I was supposed to be on a panel at the NARM convention, and one of the "big five" said that if I appeared, they wouldn't come to the convention.

But as I said in an earlier answer, I know I'm not going to get a major label deal, I know I'm not going to have a hit record, and I know I have nothing to lose. So I don't really care, as long as people keep listening to my music.

8) Can Artist Retain Copyright and Still Make a Living?
by reallocate

How practical or common is it for an artist to retain copyright to their own material? Is there a financial incentive to do that? Does a wish to retain copyright of recorded material have an impact on your chances of signing with a "mainstream" label?

Janis:
Do you mean the record master, or the publishing rights? That's a big difference. And remember for purposes of this discussion that writers still get 50% of the income, even when they don't own the copyright. The publisher gets half, and the writer gets half. You can't (at least, not legally) sell your writer's share.

I own the copyright on about half my songs. I had to buy my catalogue back when I was 21, but as time has proved, it was well worth it. I own the copyright on about half my records, but that's only because I had a brilliant lawyer for many years (Ina Meibach), and because I've been making records "just for the fans" that didn't fall under my contracts.

It's not common, unfortunately. And sometimes not unfortunately! Imagine you're a beginning songwriter; you have no money unless you work a day job. Someone offers to support you for three years if they can own your copyrights for that period. Not only that - they'll pitch your songs, trying to get other artists to record them! I think that's a pretty fair deal, personally. After three years, you can leave, hopefully with some success under your belt. And you'll write more songs.

In terms of records, it's a bit different, just because of the length of time they tie you up. Most publishing contracts are for 1-5 years, with an option at the end of each (sometimes mutual, sometimes just the publisher's). Record contracts are always tied to the production and release of material. There's no way to sign a 7-record deal and get out in 5 years, or 7, or even 10, unless they're willing to let you go.

In both instances, the buyer "owns" the material forever. However, as a songwriter, the buyer never owns more than half of my income. With a record, they do.

Is it practical? depends on the circumstance. It's not for me, but I earn enough to afford a business manager who tracks all of that, makes sure I get my royalties around the world, etc. I'm also savvy enough to check my statements, and I notice when a country is under-reported, or a song is missing. It takes up a lot of time, though.

Would it affect your signing with a major label? Absolutely. There's no way, if you're not a huge success already, you're going to own your own master recordings and get a label deal. And most of the time, you'll have to give up at least 50% of your publishing. All that is incentive to the label, to sign you.

9) FBI files on you?
by small_dick

Your site has some material that implies you were the subject of FBI investigations. Could you tell us more about that? Was it related to your early work regarding interracial relationships ("Society's Child", 1966), or something else?

Janis:
No. In fact, I was a little miffed that it wasn't! The files were started about a year before I was born, when my Dad (a chicken farmer at the time) went to a meeting in South Jersey about the price of eggs. (No, I'm not making this up.) Then my Mom made the mistake of attending a Civil Rights Congress meeting about voting rights. Then they had the gall to open a summer camp that advertised itself as "multi-cultural and interracial". That was the main reason.

Your tax dollars at work...

10) What do record companies offer artists today?
by Just Jeff

Not too many years ago, widely distributing recorded music took expensive equipment and cost a lot of money. Only a large record company could do it. Artists had little choice but to sign their life away to a major record company.

Today, distributing recorded music costs next-to-nothing. Yet the price of recorded music has never been higher. What does a record company offer an artist today? What can a record company do for an artist that the artist can't do herself? Are artists beginning to realize this on their own?

Janis:
A lot. Really.

Start with distribution and manufacturing. Joe Shmo uses the same manufacturer/distributor as Radiohead. Both their records are "released" the same week. Radiohead order two million, and run out in a month - they need more, right away! Joe orders 5,000, and runs out in a month - he needs more, right away!

Who do you think is going to get their records in time? Whose records are going to get into the shops first?

Distributing doesn't cost next-to-nothing, alas, and won't in the foreseeable future. Just think of all the record stores, online companies, etc in this country, and imagine trying to make sure your record is in all of them - and in every city you gig in. Then think about coordinating that worldwide. It's a nightmare. Sign with a distributor yourself? Sure, except there are only two or three major distributors in America, and they don't want you if you can't guarantee reasonable sales (say, 35,000 or more). It's not worth the warehousing and trucking for them. And even if they take you, you're still the one who has to make sure the records are in the stores!

Add to that making sure radio stations have the records x 50 states, or times 20 countries.

So there is a lot they can offer, in addition to paying the upfront costs. Look at it from my viewpoint? Windham Hill picked up my option. Two years later, they asked if I would leave. They paid me enough "departure bonus" money to easily make my next record. So I thought, hey, I'll make it, own it, sign a distribution deal. Until I started looking into it.

Now I'm talking with 3-4 smaller labels, working on a licensing deal - they get it for 5 years, they deal with distribution, promotion, publicity, all that stuff. I get a really good royalty rate, keep the overseas rights completely, and get my US rights back in 5 years. A whole lot easier!

There are two other things a record company can offer an artist that are next to impossible to get on your own - perks, and serious fame. I've had #1 records in pretty much every western country in the world, as well as Japan, and let me tell you - it's really big fun. Forget about the fabulous suites hotels give you for free, the automatic bumps up to first class on planes, the Rolex watches from grateful promoters. Think about the kick of playing to 25,000 people a night.

Think about getting to see parts of a country most Americans can't get into in the first place! I've gotten to go places in Japan that only royalty go to normally, amazing old places. I've gotten to meet people I'd never ordinarily get to meet; kings and queens, novelists, Pulitzer Prize winners, artists I've dreamed of meeting. I've gotten to watch 35,000 people in Holland sing harmony with me. Those sort of perks, that sort of fame, is something that right now (for better or for worse), you can only attain with a label behind you.

This discussion has been archived. No new comments can be posted.

Janis Ian on Life in the Music Business

Comments Filter:
  • by Junks Jerzey ( 54586 ) on Monday September 23, 2002 @12:16PM (#4312204)
    "Who the fuck are you?" I have never heard of Janis Ian.

    Oh for crying out loud, all you had to do was follow the link in the article (ahem: janisian.com). And please don't put her down by claiming she's old or you never heard her music. Fame is very fleeting in music. Bands that are on top of the world now will be have people saying "Who? I never heard of them!" in fifteen years.

    And anyone who is pro-music should realize that the best music isn't always from people who get coverage on Entertainment Tonight. One of Janis's big points is that there's a difference between mega-bands like Radiohead and the 99.9% of other bands that don't sell 10 million copies of each CD they release.
  • by cavaroc ( 315490 ) on Monday September 23, 2002 @12:19PM (#4312224) Homepage
    Why doesn't everyone just quit bitching that you're too young to know who Janis Ian is and be glad there's someone speaking out for your rights to download music?
    Grow up.

  • Re:Yes I do. (Score:2, Insightful)

    by Carlos Laviola ( 127699 ) <carlos.laviola@g ... AH.com minus cat> on Monday September 23, 2002 @12:26PM (#4312261) Homepage Journal
    1 hour and 14 minutes, in your own line of thought.
  • by Tri0de ( 182282 ) <dpreynld@pacbell.net> on Monday September 23, 2002 @12:26PM (#4312263) Journal
    "As to how you can get involved? start with getting political, and voting. Check your own representatives' voting records on issues having to do with this. Support live music, and buy your CD's at the shows - at least then some of the money will funnel right back to the artist!"

    Not *THAT* is succinct and comprehensive!
    IMHO her music is really good ,too.
  • Re:Yes I do. (Score:3, Insightful)

    by Reality Master 101 ( 179095 ) <<moc.liamg> <ta> <101retsaMytilaeR>> on Monday September 23, 2002 @12:31PM (#4312306) Homepage Journal

    It's worth pointing out that producers of documentaries probably aren't subsidizing 50 documentaries that fail for every one that makes money.

  • by kenp2002 ( 545495 ) on Monday September 23, 2002 @12:33PM (#4312317) Homepage Journal
    The fundamental answer is simple, the laws of capitalism work no matter what. One of those laws is the simplest to follow:

    THE LAW OF SUPPLY AND DEMAND

    Simply put if people campaign against the RIAA effectivly and boycott (of course how hard is it to boycott the crap they are putting out these days) the company will continue to lose money. Lobbiests and lawyers don't work for free and if the RIAA can't pay there goes the problem. More importantly if the recording labels start to lose money the shareholders will intervene.

    SUN TZU says "One cannot win a war without the will of the people"

    Ultimatly WE are responsible for allowing the RIAA to get this far. Perhaps we will all learn something from this Digital Dark Age that looms on the horizon..

    THE COST OF FREEDOM IS ETERNAL VIGILANCE

    and I will clarify with

    THE COST OF FREEDOM IS ETERNAL AND "PROACTIVE" VIGILANCE.
  • by King_TJ ( 85913 ) on Monday September 23, 2002 @12:41PM (#4312379) Journal
    Sure - but when you've lived through the hell of working dead-end jobs and wondering where you'll get the cash to pay for your next meal (all so you can keep on working towards a dream of being "famous"), you probably don't feel much like "biting the hand that feeds you" when you reach the top.

    Courtney Love is in a "more comfortable" place than many artists. I'm not trying to knock her here, but let's face it. She didn't really have to earn all of her fame herself. Being married to Curt Cobain had its advantages. I'm not really sure she'd be giving the industry the proverbial finger like she does today, if she didn't have the Nirvana fame to ride the coat-tails of first.
  • Re:I dunno (Score:4, Insightful)

    by DaytonCIM ( 100144 ) on Monday September 23, 2002 @12:41PM (#4312382) Homepage Journal
    Warning: I'm rambling this morning:

    I hear a lot of bitching, whining and complaing about the record companies

    The problem is not labels, but distributors. There are only 4 major distributors now. Probably thousands of labels, but each (if they want to get their music to the masses) must use a major distributor.

    , yet I don't see a bunch of these incredibly wealthy artists (not this one, probably) start their own freaking record company

    I can't think of any major artist who DOESN'T have their own label. Beginning with the likes of Frank Sinatra (who was fed up with label control over his music) and his startup label: Reprise to Madonna and Maverick Records or The Beatles and Apple, etc...
    Now if you mean, why don't major artists like Michael Jackson take some of his Millions and start a label that is fair to artists (and not racist like Sony as he claims)? I don't know. Maybe they know that the chance of losing all of their investment is probable...
    To be honest, most of the rap stars have their own label and distribution network. They really have taken control and are making ENORMOUS amounts of money doing their way.
    I still laugh when I read about TLC having a #1 album, selling 10 million units, having the #1 tour of the summer, and being bankrupt. Definitely, should be required reading by ALL up and coming bands.
    Out
  • Re:Yes I do. (Score:1, Insightful)

    by Anonymous Coward on Monday September 23, 2002 @12:46PM (#4312413)
    DVD's are not the bread and butter of the movie industry. The money is supposedly made at the box office.

    Having said that, the MPAA admits that most movies don't turn a profit until merchandising and the home video run is taking into effect.. But regardless, lets not forget that while some DVD's cost under $10, so do some CD's, and that some DVD's cost $50+, at least if you're after something a little more 'fringe' (box sets, anime's, etc).

    Please, don't compare DVD's to CD's. The politics of the box office are vastly different than that of the radio industry, and the politics of the DVD market different than the CD one.
  • Re:Yes I do. (Score:3, Insightful)

    by Enigma2175 ( 179646 ) on Monday September 23, 2002 @12:54PM (#4312457) Homepage Journal
    It's worth pointing out that producers of documentaries probably aren't subsidizing 50 documentaries that fail for every one that makes money.

    Perhaps not 50, but there are certainly documentaries that do better than others, pulling in more viewers and ad revenue. The difference is that when you are making a documentary you don't just produce a load of crap, throw it at the wall and note which part of the crap sticks. You actually produce a good product. If the record companies would be more discriminating in what they choose to promote, they wouldn't lose so much money backing losers. I don't see why I should have to pay for their incompetence in signing bands. If only one out of 50 of my programs worked, I would be fired immediately. Maybe these people are jsut in the wrong business.

  • by Anonymous Coward on Monday September 23, 2002 @01:01PM (#4312504)

    You hear this all the time, recording artists complaining that the music industry machine is hell. Too many of them are passive sheep outside of their performances, signing what their agents tell them to and sweetly accepting the status quo.

    They should take example from Mrs. Courtney Love [salon.com]... someone actually willing to bite back, rather than simply removing herself from the system by distributing music online. And fading to obscurity as a result.

  • by SirSlud ( 67381 ) on Monday September 23, 2002 @01:18PM (#4312659) Homepage
    This doesn't work in a market where the consumers are as ethically corrupt as the distributors. People are happy enough to get music for free (disclosure: I support p2p), so it should be obvious that when it comes to boycotts, consumers only stem demands when the consumers themselves believe they are not being supplied with goods at a fair price. Consumers don't really mind when those who are producing the products are being mistreaded. (See: Nike, Addidas, Esprit, Hillfiger, etc)

    All of which doesn't help the folks who are actually being screwed; the artists.

    People buy sweatshop produced clothes. Just because as inidividuals we might be ethically conflicted about who we are buying for, doesn't mean we'll do anything about it if the producer is able to keep us from experiencing first-hand the consequences of our 'voting' dollars.

    The market is good for helping people make money, but very poor at punishing those who don't deserve to by way of their means to the end of actually supplying the product to the consumer.

    And who can blame us? There's 24 hours in a day, and in this specialized world, the onus to ensure that we are using our wealth ethically should be on the producer of the product, not on the consumer. Any other way results in gross ineffiency (since presumably we must *all* experience the negative consequences of our purchasing buck for a particular company before we stop voting).

    I just feel bad that people have lost such faith in their _votes_ in a democracy that they feel the only way to deal with unethical business practices is to expect people to stop participating in a market (in the case of a monopoly/cartel such as music) all together instead of vote for politicians who's ethics cannot be had for a price.

    I'm all for punshing shoddy product with my dollars, but my government should hold up its end of the bargain by equalizing markets that have grown into monopolies in cases where people are unlikely to revolt. (Again, see sweatshops.)
  • by mttlg ( 174815 ) on Monday September 23, 2002 @01:37PM (#4312780) Homepage Journal
    In other words, they were formed to make sure the science of recording was optimally used by all companies, in formats that everyone could play.

    Ah, the irony...

    RIAA 1952: We make sure you can play your music.

    RIAA 2002: We make sure you can play our music only if we're sure you're not an evil pirate.

    What will the RIAA be like in 2052? "We make sure you are paying for our music, whether you listen to it or not." Or am I being just a bit too optimistic?

  • by Erasmus Darwin ( 183180 ) on Monday September 23, 2002 @02:05PM (#4312984)
    Well, at the very least, we have the fact that McCarthy (who was considered representative of this sort of suspicion of American citizens) was formally condemned by his own Senate. Furthermore, there was the well-known Civil Rights movements of the 60's.

    I'm certainly not naive enough to believe that the government isn't engaging in some questionable acts. However, citing 50 year-old anecdotes is a piss poor way of trying to establish that our government is currently doing bad things.

  • by MoneyT ( 548795 ) on Monday September 23, 2002 @02:10PM (#4313016) Journal
    So what's wrong with having a day job untill you get some money back? A lot of people do this, work one job while building up another.
  • Economics is great (Score:5, Insightful)

    by IamTheRealMike ( 537420 ) on Monday September 23, 2002 @03:39PM (#4313747)
    Distributing doesn't cost next-to-nothing, alas, and won't in the foreseeable future.

    Ah ha! This is the crux of the problem, the thing it all revolves around.

    [puts on his economists hat]. What we are witnessing here is perhaps the first time in which something that was previously scarce (music) is becoming non scarce through technology.

    Let's assume that one day the RIAA decide to stop hounding the P2P networks. They'd improve dramatically right, because you don't need any of that distributed encryption stuff. So it'd become possible to get virtually any music you wanted, for free, quickly and easily. The key word there is for free. It costs nothing effectively (yes yes, I know everything has a cost, but the perception is that it costs nothing), and as such music has now become a non scarce resource.

    Why is this so important? Because capitalism really sucks at managing non scarce resources. Scarce stuff it does great, as supply and demand/competition/best product for the best price kicks in and everything is very efficient. Tins of beans capitalism does well. Information it does not do well.

    Most of the stress and strain we're seeing here today, with patents, copyrights, and music distribution is down to the fact that people are attempting to force capitalism onto markets that it cannot handle. The only way of making capitalism work in these cases is to try and make things scarce once more. So you have patents (ownership of ideas), copyright (ownership of intellectual works), royalties (payment for that "product") and so on. The problem is, these mechanisms are at best horrible hacks. We've all seen the abuses of the system they allow.

    So what is the solution? The solution is simple - new economic system must be created that is designed (yes, designed) for lack of scarcity. The gift economy is a good starting point, but it's far from the only possibility. Right now, there is big inertia behind the status quo. There are vested interests in seeing things remain the same - somebody needs to change that. I don't know how it would start, I'd imagine by somebody setting up a distribution network (possibly p2p, possibly just a series of permenant servers) with tipping built in. Espra tried this, but the project died. The problem we face right now is that micropayments are hard, I should think that can be worked around for now, but a real solution is needed.

    And then? Who knows. The only way to see is by trying it. There's more info on my thoughts here [theoretic.com] about this topic, it's got some ideas for how this new market could work.

    Is it possible to one day replace the current system with a new one, better optimized for information? Yes. Linux is showing that the little people can, if they try hard enough, push against massive inertia and alter the status quo, Linux is itself an economic revolution of sorts. All it takes is enough people with a shared vision.

    Anybody up for it? Janis?

  • Re:Yes I do. (Score:3, Insightful)

    by Cromac ( 610264 ) on Monday September 23, 2002 @03:50PM (#4313844)
    Another way to look at it is the value you receive from the CD vs the DVD. You will likely listen to the CD many more times than you watch the DVD. How many times are you really going to watch the movie? Even over the course of a few years that number isn't likely to be more than 5 or 10 times. Now the CD you may well listen to several times in just a week if you have a long commute and/or listen to it at work.
  • Uh huh... (Score:3, Insightful)

    by A nonymous Coward ( 7548 ) on Monday September 23, 2002 @04:42PM (#4314333)
    The very fact that you had to explain who Loreena McKennitt is seems like a pretty good indication that she isn't as famous as you'd like to think....

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