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Music and the Internet Reprise 325

Paul M. writes "Janis Ian, nominated for nine Grammys since 1967, writes, "RIAA's claim that the industry and artists are hurt by free downloading is nonsense." She wants the industry, artists, and consumers to work together 'to make technology work for all of us', something I've advocated all along. Record companies were to provide a means for exposure; now that the Internet provides near-universal exposure at comparatively no cost, the record companies' utility has expired." Janis' interview makes for good reading as well.
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Music and the Internet Reprise

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  • by elmegil ( 12001 ) on Wednesday October 23, 2002 @11:43AM (#4513110) Homepage Journal
    So, I guess all I have to do in order to get a submission finally accepted is resubmit a rehash of something that already made the front page half a dozen times then.

    Don't get me wrong, I dig Janis Ian and her stand on this issue, but geez, can't we find some news that's actually NEW?

  • by ErikTheRed ( 162431 ) on Wednesday October 23, 2002 @11:47AM (#4513159) Homepage
    The core problem here is that the RIAA (and MPAA if you want to go there also) leadership is not comprised of reasonable people. They're busy breathing heavily into paper bags over Internet File Sharing and are unwilling to consider any options other than locking up music as tightly as they can, prosecuting everyone they can get their hands on, and lobbying congress for more laws.

    This is a textbook example of incompetent leadership in business - management is religeously inflexibile and lives in a complete state of denial while steadily circling the drain.

    If the music industry wants to survive they need some fresh blood at the top because all of the laws and lawsuits in the world won't solve their problems, in fact, they will only make them worse...
  • Not entirely true (Score:5, Insightful)

    by Faggot ( 614416 ) <choads.gay@com> on Wednesday October 23, 2002 @11:49AM (#4513183) Homepage
    now that the Internet provides near-universal exposure at comparatively no cost, the record companies' utility has expired.

    I don't agree.

    An anecdote some people here may share: back when I started surfing the web in 1995, websites were a lot easier to find. Back then, I'd happen upon more cool sites than I do now. These days, there is just so much of the web available that you need to use a portal/weblog/etc just to get there.

    Internet-distributed music falls victim to the same problem. Sure, anyone can get it anytime anywhere, but what good is that if no one will find it? Record companies provide valuable services to musicians: distribution, promotion, sending CDs to radio stations, booking, etc. To discount all these just because there are some greedy record companies is foolish and immature. The Internet is not the final answer for musicians.

    That said, I am very glad that someone in Finland can download my band's mp3s anytime.
  • Re:Agaaain? (Score:5, Insightful)

    by Asprin ( 545477 ) <gsarnold@yahoo.cMOSCOWom minus city> on Wednesday October 23, 2002 @11:50AM (#4513189) Homepage Journal

    So, I guess all I have to do in order to get a submission finally accepted is resubmit a rehash of something that already made the front page half a dozen times then.

    Don't get me wrong, I dig Janis Ian and her stand on this issue, but geez, can't we find some news that's actually NEW?

    Again, this article is newsworthy NOT BECAUSE OF THE CONTENT (with which you and I are both already ridiculously familiar), but BECAUSE OF WHERE THE CONTENT APPEARS.

    Maybe the wind blows up where you live, but my mother-in-law reads the USA Today, not /.

  • by Jack Wagner ( 444727 ) on Wednesday October 23, 2002 @11:52AM (#4513213) Homepage Journal
    In a capatilistc society we deal with these dichotomies on a daily basis. The consumer wants to get the best value for his/her dollar and the Businessman wants to get the most profits for his/her goods. This is simply the way things work and actually quite proven as the best way for a society to function.

    In a real-world model you will see supply and demand come into play which affects the price of the products. When a product is in low demand the businessman will raise the price and when we see high demand the price comes down. Again, simple micro-economics from your freshman year at the Uni.

    The real problem comes into play when people start stealing products. In the traditional sense of the word we have to view downloading copywritten music off the web as stealing as you are receiving goods that you didn't pay for against the wishes of the person/company who owns those rights. I'm not talking about the moral issue of right or wrong here.

    So basically we lose the whole supply/demand controls which are the underlying foundation because you have an unlimted supply of "free" music to download which gives many false positives on the demand. It's no wonder the RIAA has trouble showing an accurate profit/loss report from the past few years with all this going on.

    We need some Internet auditing controls to be put into place before we villify the RIAA as being this evil entity.

    Warmest regards,
    --Jack
  • Nice, but... (Score:3, Insightful)

    by Call Me Black Cloud ( 616282 ) on Wednesday October 23, 2002 @11:52AM (#4513214)
    ...her 9 Grammys hardly qualify her as an expert in this area. They qualify her as a musician but it doesn't mean she has some great insight into the business end of the industry.

    Now, if she had started and run a successful indie label then I'd take her comments more seriously. Good that the submitter found a way to plug his writings though.
  • Re:Agaaain? (Score:2, Insightful)

    by elmegil ( 12001 ) on Wednesday October 23, 2002 @11:53AM (#4513226) Homepage Journal
    Might have made sense for the editor or submitter to POINT THAT OUT then, don't ya think? Because GOD KNOWS that Janice Ian quated saying the same things again is not something I really am going to bother go checking all the links on, just in case it's something new.
  • by jkauzlar ( 596349 ) on Wednesday October 23, 2002 @11:54AM (#4513231) Homepage
    If the RIAA has sex with your wife, you haven't lost anything...
  • Excellent (Score:5, Insightful)

    by Rooked_One ( 591287 ) on Wednesday October 23, 2002 @11:56AM (#4513255) Journal
    Its about time theres a song writer to whom's high priced lawyers havn't brainwashed into thinking they are getting ripped off.
    I know I bought metallica albums before their napster crusade, but I flat our refuse to now.

    And what about cd's that you've either gotten lost or stolen, or broken even? I think you should be entitled to download the song if its availiable. After all, why not? I'm sure I wasn't the only one really ticked off when I bought that one blind melon album and found all the songs except for the one that they played on the radio all the time (you remember, allllll I can say is that my life is pretty plain *breum brah brerum* I like watching the pluddles gather rain*).

    And don't forget the main issue here. EXPOSURE. Time to take away the strangle hold a couple of stuffed shirts think about what is "good music." I stopped buying music all in all not long ago, but when I did stop, the last couple albums I bought were from those labels that were created by the songwriter. Ok, so *maybe* I didn't pay for that kid rock cd, but how long could you really listen to that one for? :) Anyways, back to my point that the little guys really benifit from this. If i'm listening to an mp3 stream and hear a really jazzin song that i've never heard of the artist before, I might buy it.

    Otherwise, they would have just ended up in the fatcat's rejection bin.
  • Stupid statement (Score:3, Insightful)

    by Reality Master 101 ( 179095 ) <RealityMaster101@nOSpAM.gmail.com> on Wednesday October 23, 2002 @11:58AM (#4513264) Homepage Journal

    Record companies were to provide a means for exposure; now that the Internet provides near-universal exposure at comparatively no cost, the record companies' utility has expired.

    That's just idiotic. In fact it's the opposite -- because every idiot who owns a guitar can put up a web site, the good bands are drowned by even more noise that we've seen in the past.

    I'm sure there are innumerable good bands who put up a web site expecting the flood of CD orders to come charging in -- and then are bitterly disappointed when people don't magically show up.

    The fact is, good musicians just aren't that rare. The ones that become extremely popular happen because of combination of luck -- and promotion. The way to get noticed is still to play local clubs hoping that you get good word of mouth. And if that happens, hope that a national promoter (duh) promotes you nationally. Just opening a web site and hoping is not going to cut it.

    Or to put it another way, somehow you have to rise above the noise. What makes you unique by just putting up a web site? And even if you did become as popular as a big group, exactly how are you going to produce those million CDs? Can you say "record distributor deal"?

    [P.S. This is my 2500th comment on this account. That's not including the 400+ on my old account, though, or miscellaneous A/C posts. And yes, I manage to distribute my wisdom while still having a life! Boy it's great to be me. :)]

  • I want my MTV.. (Score:4, Insightful)

    by chefren ( 17219 ) on Wednesday October 23, 2002 @12:00PM (#4513289)
    Small artists which do not get screen-time on MTV or air-time on popular radio stations have no other way to let people "try before you buy" than the Internet. Some [telarc.com] recording companies provide samples of music from the albums they publish, but an artist should have the right to do this him/herself if the record company doesn't. I know of only one [discipline...mobile.com] record company where the artists own the copyright to their own work. DGM only functions as a recording and publishing company, they don't buy intellectual property. Arthur Brown [godofhellfire.co.uk] made a record which sold 5 million copies in three months and never got anything for it. Somehow I don't buy it when the big recording companies say they work for the artists. They are in fact only working for artists that sell millions and then only to rip them off completely.
  • Re:Question... (Score:5, Insightful)

    by stratjakt ( 596332 ) on Wednesday October 23, 2002 @12:03PM (#4513319) Journal
    > "Record companies lose money on CDs. Recorded music has not turned a profit for a long time. The real money is made from concert tickets and merchandising."

    You have that backwards. This is about the artists, not the record companies.

    Artists are the ones who lose money on CDs, and make it up on tour selling T-shirts.

    The "record companies" make a killing selling a 0.02$ plastic disc for 20 bucks, after all the content was provided by the artist. Their only expenses are production and promotion.
  • Re:Nice, but... (Score:4, Insightful)

    by Anonymous Coward on Wednesday October 23, 2002 @12:03PM (#4513322)
    On the first day I posted downloadable music, my merchandise sales tripled, and they have stayed that way ever since. I'm not about to become a zillionaire as a result, but I am making more money.

    What more qualifications does she need?

  • by Anonymous Coward on Wednesday October 23, 2002 @12:05PM (#4513336)
    but what good is that if no one will find it?

    Sure, if you had to sift through ALL the music out there on your own, you would be lucky to find a fraction of the good stuff that makes it to your ears today. However, you don't need the RIAA or their recording companies to do that.

    A perfect analogy is news. Frankly there is too much of it. Because you posted on slashdot, I'll assume, that like myself, you let this site do some of your filtering for you. In the web world there is always competition for eyeballs, and those with the best merit will survive. (e.g., Slashdot.)

    In a world where music is available from millions of direct download sources on terms dictated by the artists, I don't find it too far fetched to think that a website or two will spring up to fill the void left by the recording company talent agents that refused to logon.
  • Not entirely false (Score:5, Insightful)

    by Codex The Sloth ( 93427 ) on Wednesday October 23, 2002 @12:10PM (#4513379)
    Record companies provide valuable services to musicians: distribution, promotion, sending CDs to radio stations, booking, etc. To discount all these just because there are some greedy record companies is foolish and immature. The Internet is not the final answer for musicians.

    These were once valuable services but they are decreasingly so... Distribution is (obviously) no longer a problem -- this is traditionally where the music companies have had a stranglehold. Promotion is really the only value add they have but the value here is highly debatable. Sure someone has to sift through a bunch of crap but how good a job do they do? If you never hear any of the ones they reject, what makes you think they aren't good (ok, probably a bunch of them are crap...). Wouldn't a moderation system where music listeners (who don't have a vested interest in an artist) rate music work just as well, if not better?
  • by Anonymous Coward on Wednesday October 23, 2002 @12:10PM (#4513384)
    It is obvious that you never did your freshman economics at Uni as your statement is the sort of simplistic view pushed out in most middle schools. In reality there are far more factors determining price than such a simple concept as supply and demand.

    In the music industry the product is the music (not the physical CD). The marketing provides the thrust into the proper channels and must be paid for by sales (of CDs, Cassettes, concert tix, merchendise) - there are other cash flows, but according to RIAA marketing new matieral is the number one cost. Now anyone can go into just about any store and get a Cassette of a band for about half the price of the CD version - and yet demand for the CD is higher (as shown by overall sales) and the cost to produce the CD is lower; so according to your view the CD should be lowering in price (which it obivously isn't).

    RIAA is having problems shifting to a new marketing strategy; afterall the existing one has netted them very large profits and near absolute control over the music industry. Like most revolutions (cultural, industrial, and now digital) it is going to be a fight.
  • by mekkab ( 133181 ) on Wednesday October 23, 2002 @12:11PM (#4513397) Homepage Journal
    Memepool.com, obscurestore.com, slashdot.com,
    the list goes on.

    How do you use the net? you search for stuff- chances are you will find a place where you agree with what is being said more often than not. And in the meme-propagating world that is the Internet if something is quality it will spread like wildfire.

    Instead of being bombarded with big money commercials you get testimonials. You go to the Onion's AV room and you read some reviews, you respect the reviewer, and when s/he later on says "This is the Next big thing" you weight the opinion not on how much hype you have heard about it, but on the integrity of the source.

    Its like the zoo.pl stuff at slashdot- you like what someone has to say, you make 'em your friend.

    It's what people have been doing for years before there was advertisement.
  • by LinuxWoman ( 127092 ) <damschlerNO@SPAMmailcity.com> on Wednesday October 23, 2002 @12:12PM (#4513399)
    I always found it quite interesting that the most vocal anti-napster groups were the soon to be totally washed-up has-beens from the early 90's. Come on, let's face it, even the stupidest 17 year old spending mommy's money on cd's knows that after a while all metallica sounds the same. When will the RIAA and their pet artists realize part of why alternative music sources succeed largely because THE LISTENER decides what songs to get and the RIAA can't force their decisions on us anymore?

    A very vocal group speaking out in favor of swapping services (whether you're talking "weeds", napster, kazaa or just a recording/swapping party) is CSN. True, they've had periods where they've been much more successful and other periods when they've pretty much fallen totally off the radar, but they most certainly can't be called a one hit wonder or producer of "crap" that no one wants.

    Janis did make a very smart comment "I don't pretend to be an expert on intellectual property law, but I do know one thing: If a record executive says he will make me more money, I'd immediately protect my wallet." The RIAA doesn't want to protect anything other than its own wallet. It doesn't take much searching to find a smaller artist (not a major commercial success) or older (no longer "successful") artist who can easily show the record companies owe them what amounts to a LOT of money or that the record companies (or their reps) have successfully stolen all rights to their songs. The RIAA no intention of protecting the artists, they're just smart enough to know that they can fool a lot of schmucks by pretending to care about more than their own money and the more schmucks they fool the better their chances to win this war by BS.

  • by jrst ( 467762 ) on Wednesday October 23, 2002 @12:19PM (#4513448)
    It is true if you change the playing field, which is the point of the article.

    RIAA+Labels = Promotion + Distribution + Obstructionism

    Internet = RIAA+Labels - Distribution - Obstructionism

    What's left is promotion. So how do other industries deal with promotion? They use "adverising" or "PR" firms. But those firms don't (and shouldn't) get a lock on the intellectual property associated with the product just for promoting it.

    The functions of promotion and distribution will not disappear, but their implementation in the form of the RIAA and labels can, and should, be replaced.

    The power to make the change is in the hands of artists. Artists could set up their own alternative to the RIAA and labels at any time. Why haven't they? The technology is a no-brainer.

    No, this doesn't address physical CD distribution. But look at the context of this discussion, the debate, and the industry's cry for action against piracy--it all centers around the Internet. That's where the solution needs to start.

    Obviously a replacement wouldn't address the back catalogs controlled by the labels. However, once a viable alternative is in place, the labels would probably be much more amenable to rational negotiation.

    In short:
    1. Construct a viable alternative; then
    2. Bring the RIAA & Labels to the table; then
    3. Negotiate acces to the back catalogs.

    Anything else is wishful thinking--and whining--and requires the largesse of the RIAA and the labels (good luck).
  • Re:Nice, but... (Score:5, Insightful)

    by teamhasnoi ( 554944 ) <teamhasnoi AT yahoo DOT com> on Wednesday October 23, 2002 @12:19PM (#4513449) Journal
    The fact she's been around long enough to win 9 Grammys AND afford to continue to write, record, and play means that she obviously has SOME business sense.

    Why does she need to have a label to be taken seriously? It doesn't take an idiot to get screwed in the biz. The odds are so stacked in the industry's favor that you might as well be a farmer. She has managed to stay alive in a business that eats artists for lunch, and craps 'content' or product or whatever the flavor of the week is.

    BTW... The Stones, Bowie, and McCartney are all examples of musicians who are excellent businessmen. I think they may have won a talent show award or something, too.

  • by azadrozny ( 576352 ) on Wednesday October 23, 2002 @12:24PM (#4513485)
    It is very true that the ability to copy and freely distribute music, movies, etc. has the ability to very seriously hurt the industry under their *current* business model. However I don't understand why the RIAA is so resistant to changing the model. I guess they feel it is easier to keep the old system than to learn or create a new one.

    There has to be a way for them to make money off of all this. Sure, there will always be someone trying to rip off your work, but companies like M$ have seemed to adapt very well. Who would have though 10 years ago that local and national newspapers could give away free electronic copies of their content and still make money. There has to be a way to make this work for the entertainment industry.

    This is just like saying that your market is ready to buy your products, but you are unwilling to sell.

  • The problem... (Score:3, Insightful)

    by crashnbur ( 127738 ) on Wednesday October 23, 2002 @12:25PM (#4513501)
    ...is that it is extremely rare for any mind on its own to contain all the answers. I'm not God. Are you? (-:

    That is why we share little bits of arguments in this way. I share one view, you share another, the rest of the world (potentially) shares billions of others, and somewhere down the line the best solution is realized, pursued, and achieved.

    The political philosopher John Stuart Mill said it best in his essay On Libety in 1859:

    Though the silenced opinion be an error, it may, and very commonly does, contain a portion of truth; and since the general or prevailing opinion on any subject is rarely or never the whole truth, it is only by the collision of adverse opinions that the remainder of the truth has any chance of being supplied.
  • by Anonymous Coward on Wednesday October 23, 2002 @12:25PM (#4513503)
    that the only reason the music industry worked so hard to close down Napster was not really because people were exchanging copyrighted music - people have been doing that since the inception of magnetic tape, no, the real reason is because suddenly, overnight, there was a music distributor with millions of subscribers that they (the music industry) didn't control, and this distributor (Napster) was actually promoting independant bands. THAT'S THE REAL REASON.
    Notice that the record companies BOUGHT Napster? Now you'll be forced to feed on the sludge THEY decide to feed you.
    Suckers. All inflamed with this intellectual-property jazz when it's ALL about dollars & cents.
  • by Reziac ( 43301 ) on Wednesday October 23, 2002 @12:27PM (#4513513) Homepage Journal
    Erm.. if no one can find it, where do all these loose MP3s come from?? :)

    Seriously, I find unknown (at least to me) and independent artists by tripping over whatever looked interesting in an FTP listing (having searched most generically for "MP3") or via some MP3 search portal -- which you can't avoid finding from even the most cursory Google search. I don't HAVE radio access, so if it's not on the net, I never hear it.

    I'd think a DMOZ category (sorted by genre) would be a good place to start.

  • by Waffle Iron ( 339739 ) on Wednesday October 23, 2002 @12:39PM (#4513624)
    Or to put it another way, somehow you have to rise above the noise.

    There has to be some system to select the best artists. Today we have one system, but it requires the artists sign over the vast majority of their earnings to a cartel.

    That cartel arose because of the characteristics of mid 20th century media technology (i.e., the cheapest and most effecitve way to distribute music was plastic disks and plastic tape).

    Now that technology has advanced, it might be possible to create a better system. Maybe something along the lines of EBay. It's still a cartel or "natural monopoly", but at least anybody could participate without signing away all their rights, and the system might only skim 15% or so. The best music could be determined by customers' moderation points.

    I know there have been many attempts at this kind of thing, but none have yet hit the critical mass needed to stamp out the old cartel. One big reason for this is that almost all of the current popular artists are locked into long term exclusive contracts. The old cartel thus perpetuates itself even though it could be replaced by an alternative that would be more efficient for both artists and consumers.

  • by stereoroid ( 234317 ) on Wednesday October 23, 2002 @12:39PM (#4513629) Homepage Journal
    I mean The Internet Debacle [janisian.com], the one that started this whole thing off. Read the Fallout [janisian.com] article next. Janis does offer a realistic, practical way forward for both media companies and "consumers" (i.e. you). This is where it starts, here at the coalface: if you expect to cause direct changes at boardroom level, you will need the financial resources of Rupert Murdoch or Ted Turner to get any real results at this time. Realistically.

    Personally, I'm almost weaned off the major labels, by chance, since most of my favourie artists are also going independent. I think Britney's or Eminem's albums should come with a government health warning: "Purchasing this major label album may be detrimental to the health of music and music lovers worldwide".

    You may have some valid points in your rant, but, like many here, I tend to switch off when the personal insults start appearing. We don't need this, do we?

  • Re:Industry lies. (Score:5, Insightful)

    by Reziac ( 43301 ) on Wednesday October 23, 2002 @12:42PM (#4513656) Homepage Journal
    I said that (several times). It's not about online anything, it's about controlling access and entry points, so NO ONE can horn in on the RIAA's *control* over the profit pipeline. After all, if you distribute your music over the net, or sell your locally-pressed CDs via Amazon or CDBaby, the RIAA doesn't make a cent off your work. This Will Never Do!!

    If the net were the *original* way of distributing music, and CDs were the newfangled method used by unsigned artists, we'd instead see the RIAA trying to shut down the manufacture of CD-related items.

    Oh, wait...

  • by GuyMannDude ( 574364 ) on Wednesday October 23, 2002 @12:45PM (#4513678) Journal

    Come on, let's face it, even the stupidest 17 year old spending mommy's money on cd's knows that after a while all metallica sounds the same.

    Actually, Metallica didn't start to go artistically bankrupt until the infamous Black album. Prior to that, each of their albums sounded quite different from the previous one. I've often wondered if there is any connection between the fact that Metallica started making a lot of anti-Napster noise about the same time as they started watering down their music to appeal to a wider audience. Here's my pet theory: Metallica started to get older, looked back on their work and decided that they had done great stuff. Now, they decided, we can sit back and churn out some genri-rock that will really earn us the bucks. We've already earned our place in metal history. It's kind of like when university profs finally get tenure and then take a breather from working so hard. However, much to Metallica's horror, Napster and p2p services start trading their music. "Good lord", Lars says to himself, "We've sold out for nothing! Those little bastards! I traded in my musical intrigity for more money and now it's not going to work out that way! Well, I'm not going down without a fight!"

    Again, this is only my little pet theory. But does anyone think that the band that made Kill 'Em All would be rubbing shoulders with politicians to try to squelch the digitial music rebellion?

    GMD

  • Not True....Yet (Score:5, Insightful)

    by Lux Interior ( 151795 ) on Wednesday October 23, 2002 @12:45PM (#4513681)
    Full disclosure: I am actually an employee of a fairly prominent record label, and one that belongs to the RIAA.

    I've been loving Janis Ian's campaign against the recording industry-- in my opinion, her micro-distribution technique is one of a very few viable new options for artists to pursue, and it's a great thing besides. I just thing she's a little bit early in declaring the end of labels' useful lives.

    Let's look for a minute at why labels exist. Not every artist needs a label, either now or fifteen years ago. Performers ONLY "need" a record deal when what they need to do takes more time, money, and expertise than they and their friends/agents/managers/assistants can give them. If you have a record that's doing well locally, you can sell out the Iota, the Mercury Lounge, the Corn Exchange, or Viper Room, and you are happy at that level, you probably don't need a record deal. Doing it Janis' way is perfect, and in fact waaay preferable to having a deal with a large label.

    Where labels are handy--still-- is when you start to grow beyond your borders. Do you want national distribution? International distribution? Has your record done well on local radio, and you feel like it could have a nice run nationally? Are you spending more time putting together mail-order packages than you are writing songs? You could probably use a label to help you with these tasks. Labels are better at marketing on a large scale, better at getting traditional radio play (and NOT NECESSARILY POP RADIO), better at getting press, and better at setting up and managing distribution on a large scale-- not to mention labels can help you get your music licensed into films/tv-- many artists make most their money that way rather than through traditional album-sales channels. This is what they're FOR-- they have the bankroll and the contacts-- the shady business practices of certain elements notwithstanding.

    It's a rough time for the music industry, and things are going to change rapidly. I just want to make sure that I speak my piece to my fellow slashdotters. Labels are not, and have never been, for everybody, and they probably shouldn't go away altogether (not least because I like what I do, and I work with great, GREAT music). I sincerely hope that more musicians are successful with Janis Ian-styled strategies, because it will have the very beneficial side effect of killing off those parts of the music industry who are least able to adapt.

  • by beaverfever ( 584714 ) on Wednesday October 23, 2002 @12:46PM (#4513688) Homepage
    First of all, it is worth pointing out that the real money in music is from royalty payments (ask Bruce Springsteen, the Beatles, or any other writer who has been weasled out of their writing royalties). Concerts ain't going to make you rich, unless perhaps you are a stadium act; concerts are promotion/exposure. Relevant to that point, not all musicians/bands write their own music, so without royalty payments writers have no means of income.

    Janis Ian has made a point in her piece "That's how artists become successful: exposure. Without exposure, no one comes to shows, and no one buys CDs" and the usual line heard from pro-napster people is that the internet/downloading provides exposure, when in fact it does not; it provides a means of access, and that doesn't mean any more people will be exposed to your music than if you were not on the internet. The job of record companies is exposure and distribution (and they do tend to shaft artists for these services), but exposure and distribution are/were not impossible without record companies, even back before the Internet. Does anyone remember independant labels? A lot of those were set up by musicians looking to do the grunt work themselves. Ask the Barenaked Ladies about that.

    I wonder if Janis Ian is aware of the differences between her version of "downloadable music" and that of the general internet community; yes, Janis has files for download on her site, but certainly not her entire catalogue, and I question the quality of the files she has available. Again, offering a few songs for download is a great idea and has worked for her, but would she be willing to give away high-quality mp3s of every recording she has ever made? That is what Napster/P2P music sharing is about, and it is about doing so with or without the consent of the writer, the performer, or the producer.

    Yes, I agree that the music industry as a whole has to change its business model, and there are a lot of jerks involved in the industry, but saying that there is nothing wrong with free access to every and any recording is just stupid.

    I write this as a person whose line of work is in a creative industry, and I have been a serious musician in the past, so I have an inside opinion of the issues. I'm a little surprised that the free download idea is so popular around /. when (I would guess) there are so many programmers reading this who (I would guess again) get paid for ideas/concepts that come out of their head. Music, painting, movies or code - it's all creative and people need to be paid for it.

  • by PainKilleR-CE ( 597083 ) on Wednesday October 23, 2002 @12:51PM (#4513738)
    An anecdote some people here may share: back when I started surfing the web in 1995, websites were a lot easier to find. Back then, I'd happen upon more cool sites than I do now. These days, there is just so much of the web available that you need to use a portal/weblog/etc just to get there.

    I think you'd also agree that what was a cool site back then probably wouldn't get you to stick around today. Almost every site had to win out on content back then, but there was so much novelty to the www at the time that any content at all was good enough for some page views. Now it's more about relevance and depth of content, rather than whether or not you can find any content.

    Internet-distributed music falls victim to the same problem. Sure, anyone can get it anytime anywhere, but what good is that if no one will find it?

    Most of the music I listen to isn't on RIAA labels and doesn't get airplay. How do I find it? Word of mouth, (non-RIAA) record label websites, band websites, genre-specific websites, and so on. I find far more music by making my way through various websites than any other way, because very little of the music I listen to has many other ways of getting out there. Sure, I can find a lot of it in smaller record stores, but I don't even know to look for it unless I've heard of it. Once I've found a band I'd like to hear, it's pretty simple with P2P systems to listen to a couple of songs to decide whether or not I want the CD. The only real problem is that even the P2P systems don't have a lot of obscure music, it's all relative to the number of people that listen to the music and have the knowledge to put the MP3s up for download.

    Record companies provide valuable services to musicians: distribution, promotion, sending CDs to radio stations, booking, etc. To discount all these just because there are some greedy record companies is foolish and immature. The Internet is not the final answer for musicians.

    Yet the record companies bill the musicians for all of those services at prices that the record companies determine. The artists also rarely have many choices about how their CDs are distributed in the first place if they sign up with a major label. The RIAA has sewn up the airwaves with a pay-to-get-played system that keeps smaller labels and DJ choices from getting aired, so now they're trying to do the same to the internet. The record companies own the distribution and promotion channels that they bill their artists to use, and if you go through any company that isn't part of the RIAA you will definitely not have access to that level of distribution and promotion, because the smaller companies can't even contract the same distributers and promoters for most of their artists (and especially in distribution even when they can their stuff gets pushed out only when the major label stuff has cleared the lines, rather than in normal production orders where first on the line is first out or the one that pays more for rush order gets a slight bump).

    If the RIAA's members didn't own the entire production line, it really wouldn't be that big of a deal for most artists to get most of those things done for themselves. At best they'd need some initial investment (or a loan) to get a run of CDs pressed, and in many cases people are doing this anyway just to get a major label contract.
  • by SirSlud ( 67381 ) on Wednesday October 23, 2002 @01:07PM (#4513903) Homepage
    Doesnt matter; they were at the top, and thats enough to "prove", according to Mr. Free Market, that they made the best food at some point.

    Of course, what he fails to recognize, much like how rabid anti-abortioners 'fail' to recognize killing people for killing people is still killing people, is that quantity sold is a function of quality *and* price; and furthur more, that cheaply made, cheaply sold shit often sells better than less cheaply made good shit. The *only* way to measure quality is through analysis, since the market has never demonstrated any preference to selecting quality over quantity or value, nor for that matter, not be subject to the forces of marketing.

    Hell, I can put him in touch with money making CEOs if he likes, probably his heros, who could demonstrate that the advertising market wouldn't exist if products outsold each other based on quality alone. Alas, anyone that sticks to an absolute like that (" .. thats the _law_ .. ") sounds about as capable of objective reasoning as a religious fundamentalist.
  • by tsg ( 262138 ) on Wednesday October 23, 2002 @01:19PM (#4513994)
    The real problem comes into play when people start stealing products. In the traditional sense of the word we have to view downloading copywritten music off the web as stealing as you are receiving goods that you didn't pay for against the wishes of the person/company who owns those rights. I'm not talking about the moral issue of right or wrong here.

    It is not stealing, it's copyright infringement. There is no loss of product. If someone copies a song illegally, they don't have to produce another one to replace it. It doesn't cost them anything. The only loss is a perceived lost sale which is only true if the receiver of the illegal copy would have bought a legal copy and now won't. Most people who download music don't fit this category. The software industry realized this years ago and now the recording industry needs to realize it.

    It's no wonder the RIAA has trouble showing an accurate profit/loss report from the past few years with all this going on.

    What the fuck are you talking about? P&L statements are very easy to calculate: $ earned - $ spent = profit. Copyright infringement doesn't affect their P&L. It affects what they think they're revenue should have been. When the RIAA talks about the money their losing to "piracy" they are talking about sales they think they are entitled to, not money they had to spend that they won't get back now.

    We need some Internet auditing controls to be put into place before we villify the RIAA as being this evil entity.

    This is exactly what the RIAA wants you to believe. They aren't worried about copyright infringement, they are worried about losing control. They've had a monopoly on the music distribution channel for years and now their business model is suddenly obsolete. They don't want you to even be able to buy music on the internet if you don't have to buy it from them. They want to be able to threaten file sharers with C&D letters without the slightest bit of evidence that they own the copyright in question. They want carte blanche to commit what would otherwise be computer crimes against people they "suspect" of violating copyright law. They want to stifle a $300 billion industry so they can maintain their $30 billion industry. They have villified themselves quite successfully without any help from us.
  • by dirk ( 87083 ) <dirk@one.net> on Wednesday October 23, 2002 @01:20PM (#4513997) Homepage
    I somewhat agree with this point, but you also have to consider the flipside, which is that many music "traders" want nothing less than completel access not only to rip music to their PC, but to download and trade it freely, without any restrictions at all. When the RIAA has thought about doing encrypted downloads, they were pretty much universally blasted because they wouldn't play on every OS and that people couldn't use them however they wanted (as in trading on Kazaa, etc). Unfortunately, when the RIAA has made moves toward the middle (such as encrypted downloads), the "music traders" have been there to twart them at every turn by breaking their encryption, which just shows to the RIAA that they can't do it without the music being available for free (which is bad for them). I find it amazing people are praising Jimmy Cliff for releasing an encrypted download that you can't burn to cd, trade, or play on some OSes, yet the RIAA was lambasted for the exact same thing. Both extremes aren't playing with a full deck, and unfortunately, most of us are caught in the middle.
  • by SirSlud ( 67381 ) on Wednesday October 23, 2002 @01:23PM (#4514022) Homepage
    Erm, a few points:

    a) Janis turns a profit.
    b) Janis still sells records.

    Didn't want to shatter your perfect little argument there, but hey, thems the breaks.

    I dont know what to say about 98% of the other stuff youre saying, considering that most of its seems to be pure conjecture and disillusioned reductions .. although I can probably conclude that:

    a) youre somewhat bitter with life?
    b) you dont like your job very much? (otherwise you probably wouldn't spend so much effort trying to portray other people as having it cushy compared to you?)

    Which leaves me with: I dont think Janis cares too much what you think of her, so why waste your time rambling on when clearly you have so much hard work to do?
  • by Quixadhal ( 45024 ) on Wednesday October 23, 2002 @01:37PM (#4514171) Homepage Journal
    I agree that the internet (in every way) suffers from the secretary problem... how to find exactly what you want in the huge ocean of media. However, if it weren't for the threats and bullying activities of the RIAA, well known portals and internet radio stations would exist to track these things down.

    Imagine a radio station where what's played is really decided by the listeners (votes, rankings, directly viewable data) instead of some marketing numbers dreamed up by people high on crack? Easy to do with icecast, an sql database of music data, and a few php scripts -- once the pesky RIAA people die off.

    If you STILL want to buy into the dream that the RIAA helps musicians promote/book/etc... how do I find your album? I'm willing to bet that if I walk down to my local music store, there's at best a 50/50 chance they'll know who you are, and usually only if one of the employees listens to your stuff. OTOH, if you were played on an internet radio station, I would know who you were if I ever heard it (unlike airwave radio, internet radio always provides the data while you're listening), and if I knew your name I could look you up via google (or a more specialized search engine). How is the RIAA going to help me buy your stuff? They'll put up a few posters in places I don't go... great.

    The RIAA *could* have been at the forefront of this. They *could* have leapt in with both feet and helped develop and mature the ideas of streaming audio and compressed formats. Instead, they tried to have them declared witchcraft and are being burned by their own fires.
  • Re:Question... (Score:3, Insightful)

    by the_rev_matt ( 239420 ) <slashbot.revmatt@com> on Wednesday October 23, 2002 @01:45PM (#4514268) Homepage
    I ran several record stores in the early 90's. Artists at that time (and likely still) make pretty much jack on album sales. They get an advance from the label, and giving the "creative accounting" of the labels, that advance seems to take FOREVER to get paid off (artists don't see a penny in royalties until the advance is paid off).

    Example: in 1992(?) when "Epic" had been on the charts for months and Faith No More had been in heavy rotation for almost a year, they still had to borrow money from friends and family to buy groceries and several of them still lived with their parents in order to save money.

    The money for artists come from merchandising (which is why labels so often now require artists to sign over their merch rights as well to get a deal) and touring (which monies labels are trying to steal as well).

    Labels are useful for boy bands and Britney Wannabes and that's it. Any other artist will do much better going indie.

  • Hardly (Score:2, Insightful)

    by lazyl ( 619939 ) on Wednesday October 23, 2002 @01:54PM (#4514376)
    the record companies' utility has expired

    What would happen without record companies?

    Well artists still need to record thier music professionally, so maybe we would have smaller companies that just record for the artists.

    Now artists need to make some money (both to pay that recording company and for themselves) so somehow they have to sell thier music. Well, if they're a new artist that nobody's heard of then nobody will buy thier music. So they need to promote themselves. They only way thier promoting efforts will get them national exposure is if they contract a promoting agency to do it. If you think the web is good enough by itself then your living in a dream world. Maybe in 20 years. So now we need a promoting agency.

    Now they've got lots of exposure and lots of people around the country want to buy thier stuff. How are they going to distrubute thier music to everybody that want's to buy it? They need a publishing agency to do that. Again, the web isn't good enough.

    Now we've got a recording company, promoting company and a publishing company.

    Now lets say we've got an artist who's got a great song but he can't afford to pay the recording company and the promoting agency because he doesn't know if people will buy his music. Those companies will want to get paid no matter how many copies he sells. Most new artists won't be able to afford that risk.

    However if all those companies were combined into one company, then *that company* could take that risk because they have money. They could say "we like your music so we're going to take a risk and record, promote and try to sell you." If the artist flops; well then company loses out, but they have the capital to absorb the loss. An independant artist wouldn't.

    No my friend, the record companies utiltiy has most definetly *not* expired.
  • Re:Hardly (Score:3, Insightful)

    by NiceGeek ( 126629 ) on Wednesday October 23, 2002 @02:03PM (#4514470)
    Who says they need national exposure? Hell, here in Portland there are tons of local bands (and soloists) that do quite well touring and hitting the local hot spots. Being a successful musician does not always equate to a video on MTV.
  • Re:Question... (Score:4, Insightful)

    by GooberToo ( 74388 ) on Wednesday October 23, 2002 @02:07PM (#4514515)
    Only if the artist makes it big. Generally, the cost of promoting an artist isn't equalled by the revenue that the artist brings in... Hence, the recording company usually takes the loss.

    This would be like me, being a developer, being asked to pay for ALL my development efforts on a product which they tell me they need. Then, after I deliver it, they tell me that I'm going to have to eat it because they spent too much money advertising it and that they are not even going to bother selling it. The flip side of this is, they are taking very little risk and ride freely on the tails of any returns. Furthermore, their fees and any front money get reimbursed before they turn over any money to the bands. This means bands can still take a loss on a record while the RIAA still made money. Again, their downside is always protected. Again, they have ALL the control, little to no risk, and nothing but money.

    Wish I knew of any other business that worked like that so I can get a free ride too. In fact, if artists had any business smarts, the first time the RIAA offered someone a deal like that they be laughed out of the room...just as any other industry would do. It's insane! I guess if you're hungry enough, you'll eat just about anything given to you. :(

  • by SheepHead ( 610180 ) on Wednesday October 23, 2002 @02:12PM (#4514565)
    I always found it quite interesting that the most vocal anti-napster groups were the soon to be totally washed-up has-beens from the early 90's.
    I don't disagree, but it's also interesting to note that many vocal anti-sharing bands are ones who own their own publishing companies, like Dr. Dre.

    By being their own publishers, they make a lot more money - I'm not going to pretend to be an expert, but publishers split royalties with whoever has song writing credit on the song. So, Dr. Dre can be the publisher of many songs (possibly every song on his label; he has a label, right?), and make 50% of the royalties on those songs, even if he didn't write them or record them personally. Thus, in this respect, Dre is closer to a music industry exec than an artist - he is financially hurt by music sharing, because his publishing royalties come directly from CD sales. A very quick search [alankorn.com] found this article for reference.

    So, many of the vocal opposers were some of the very popular bands / musicians who also have a larger interest in higher CD sales than most bands. So if music is shared, while a regular band might see increased ticket or merchandise sales that could improve their bottom line (meager as it is [mosesavalon.com]) the publisher only loses. (OK, so more downloaded songs might mean more CD sales, but you understand the publisher's objections I'm sure.)

    In this respect an artist like Dre would be very valuable to the RIAA, because while he seems to be primarily a musician, I imagine most of his money actually comes from publishing credits. So, he can appear to be a musician opposed to sharing, when he is actually a publisher/musician opposed to sharing.

    sheephead

  • Who is Janis Ian (Score:2, Insightful)

    by slackerfilm ( 520597 ) <minguswaits@gma[ ]com ['il.' in gap]> on Wednesday October 23, 2002 @02:16PM (#4514599) Homepage

    Honest question, not meant to be rude

    Why don't they allow musicians to decide this issue by noting in their contract whether they want free downloads or free Internet Radio airplay.
    When I had my option to sign a recording contract (yes, I was more of a nobody than I am now but...) there was a clause dictating (not asking mind you) how many of MY CDs would be pressed for free give away to radio stations. These stations would Never play our stuff. Not because it was not Radio Freindly, but rather because it was not known. Yeah, we could get on local shows but never anything that was new exposure.
    You want to guess who paid for those copies?
    The recording industry is just trying to squeeze those last few cents out of their cattle (artists) not looking out for their best intrest.

  • Congratulations (Score:3, Insightful)

    by Pope ( 17780 ) on Wednesday October 23, 2002 @02:40PM (#4514865)
    You've just eliminated some of the best albums from the last 30 years, by handpicking a couple of great performers and saying everyone should do what they do.

    That's not a solution at all, it's selective prejudice, like trying to tell me that LINUX is the one true solution to all out computing needs, neglecting that the vast majority of computer users aren't geeks and don't want to be.

    Nice try, though.
  • the deal (Score:4, Insightful)

    by DustyCase ( 619304 ) on Wednesday October 23, 2002 @02:56PM (#4515057)
    The real problem is the tie-in between the major labels and the recording industry. If you aren't a major label act you don't get played on 90% of the radio stations in the USA. Monopolists such as Clear Channel have too much wrapped up in their monopoly to waste airtime on music, they need product. The money in radio is selling advertising, and that money goes to pay licensing fees. The money in music is made in product distribution and sales, and that money goes to record executives. The record companies churn out product, the radio stations play it, it sells ads for the station, and the music on the radio functions primarily as advertising for the record companies. It is insidious. ONLY the consumer can make a dent in this cycle. Pepsi can't sell 200 kinds of soft drink, consumers wouldn't know what to do. They want 4 types of soft drink. Similarly, major labels can't make their required profit with hundreds of artists (brands) on the shelf. They need three or four, and spin off subsidiary labels to deal with their Diet, Caffeinated, Clear, All Natural, or other product lines. It isn't called show BUSINESS by accident. Consumers who have an FM radio in 99% of their homes and cars get as much Major Label product advertising as they can stand. They go into a record store, freeze like opossums in the headlights, and go for Aerosmith! Hey, they were OK 25 years ago, why not go right back to old dependable CocaCola? The Stones have made 1.5 BILLION in the past 8 years by adapting a "branding" approach. Teens are being conditioned to accept the teat of the RIAA via Modern Rock Radio. It ain't modern, and it ain't rock, it's ads, ads, ads. The majority of consumers have been brainwashed into thinking that FM Hits are the creme de la creme, and can't take the time to ferret out good music. Streaming net radio, free downloads, alternate distribution... it all hits the RIAA right in the bread basket. The consumer's response (IMO) shoould be "Hard Cheese, bud, get off my back".
  • Re:Hardly (Score:3, Insightful)

    by RevDobbs ( 313888 ) on Wednesday October 23, 2002 @03:00PM (#4515095) Homepage
    If you think the web is good enough by itself then your living in a dream world.

    No, a website doesn't make you money... everyone learned that lesson 3 years ago. You get the word out about your music the old fashioned way... YOU TOUR. But now, instead of your fans just chatting amoung themselves and trading show tapes, people email all of their friends with links to the website, concerts are available for download via the file sharing networks, and you open yourself up to a much broader audiance. You can sell CD's off of your website, either by shipping them or offering the ISO image at a discount, and make money through performances. After all, once all the overhead of a record company is accounted for, artists make mere pennies on the reported sales of their CDs, and that number is usually much less than what were actually sold.

  • by Casualposter ( 572489 ) on Wednesday October 23, 2002 @04:01PM (#4515835) Journal
    Pay attention to the issue at large!

    There was a documentary on why country music was beginning to sound much like "pop." It was on TV and I was bored so I watched it. The conclusion of the documentary was that country music was becoming so much more like pop because the big music companies wanted to specialize in billion dollar records. They don't want to sell many different records, just hundreds of millions of copies of a handful.

    The music industry specializes in a small demographic: the 14-22 year old. Not a huge fraction of the population of any country in the world. Listening to radio and cruising through the record stores will give good verification to that conclusion. I'd buy more music, if I could easily find music that I liked. But since I'm out of that demographic, I'm not a customer. The industry doesn't care if I buy another album or not--ever.

    With Clear Channel having a near monopoly on the radio, the RIAA fixing prices, and a small target market, can there really be any surprise that Janis Ian hasn't been "popular" in a few years? The argument that just because an artist is not the latest thing equals "nobody will buy that crap" is vacuous.

    What the RIAA is trying to crush is the small market record. Just as there are small grocery stores, mom and pop diners; family owned hardware stores, and chemical companies owned by one guy, there are records that have a small market. It is true that a multibillion dollar corporation with large fixed costs is not going to be interested in a small market product with a lower per unit profit than a high volume higher margin product.

    But saying that nobody is buying that crap is wrong. In the case of Janis Ian, somebody IS buying her records. Other artists with a limited market should be allowed to operate without being squashed by the RIAA.

    I don't like what the RIAA is doing because they have the monopoly mentality: All of the music must be sold by us or one of our agents and WE don't care if YOU don't like it because it's the only MUSIC in town.

    Creative Spelling Copyright (2002) May be used without persimmons.
  • Re:Excellent (Score:3, Insightful)

    by Fugly ( 118668 ) on Wednesday October 23, 2002 @05:29PM (#4516802) Homepage
    1) I would argue that it does matter. I would argue that the technology and the creators of the technology are being unfairly blamed for illegal and or immoral acts (depending on your viewpoint) committed by its users. It would be like taking Ford to court because I transported a bomb in my car and committed a terrorist act using it. There are plenty of legal uses for p2p and they're starting to recieve more notice - look at furthur.net or cases in which people have benefitted from releasing their own work on p2p networks...

    2) Not to knitpick, but in this case the artists don't have a right to control who can copy their work. The copyright holders do. The copyright holders are not the artists. They're the record companies. There are plenty of reasons to feel sorry for artists given the current state of the industry. However most of them don't stem from p2p, they stem from the actions of the RIAA and the virtual distribution/promotion monopoly that is collectively held by their members.

After a number of decimal places, nobody gives a damn.

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