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RIAA, This Is Earth, Please Come In!

ccnull writes "You might remember George Ziemann as the musician who found his own music banned from eBay because it was recorded on CD-R. Now he's back with a new rant about the RIAA's statistics, which blame piracy for the dire condition of the music industry. What's to blame? Price hikes and fewer titles. The latest rant (including analysis of the RIAA's own data) is mainly circulating by email, here's a readable link. (As an interesting side note, Ziemann says that songs are really just ads for CDs, and thus should be freely traded.)"

18 of 477 comments (clear)

  1. yup by xao+gypsie · · Score: 5, Insightful

    songs are really just ads for CDs, and thus should be freely traded.)

    most assuredly that is the truth. i have bought tons of cd's after getting a few mp3's. the RIAA needs to understand the marketing potential in filesharing......jsut my thought, at least

    xao

    --


    xao
    http://TheHillforum.hopto.org
    1. Re:yup by Evil+Adrian · · Score: 5, Insightful

      If the copyright holders decided to give away songs freely as ads for CDs, then that's fine.

      But what everybody keeps forgetting is that the choice is THEIR prerogative -- NOT yours, NOT anybody else's.

      There's plenty of good free music at mp3.com and other legitimate sources.

      Taking copyrighted mp3's off of Kazaa, Morpheus, or whatever is unethical -- yes, unethical:

      If you don't like the price they charge, you have no obligation to purchase -- but you have an obligation to not deprive people of their income.

      --
      evil adrian
    2. Re:yup by Noksagt · · Score: 5, Interesting

      I do agree with you, but wonder if you think it is unethical to tape a song off the radio.

    3. Re:yup by syrinx · · Score: 5, Interesting

      When putting your mp3's/computer on a p2p system, you are not sharing your tape with a friend or two, you are inviting the entire world to rip off the record companies along with you.

      So when does it become unethical? If you share it with 3 friends? 4? 5?

      --
      Quidquid latine dictum sit, altum sonatur.
  2. RIAA has no hard numbers on piracy by product+byproduct · · Score: 5, Funny
    The essentials are missing:
    • Number of active pirate ships.
    • Number of CD shipment boats attacked per year.
    • Number of CDs per boat.
    • Number of pirates per ship.
    • Number of parrots per ship (if available).
    1. Re:RIAA has no hard numbers on piracy by gmp · · Score: 5, Informative
      okay, all together now: "piracy=copyright infringement" dates at least to 1769. See e.g. Millar v. Taylor, 4 Burr. 2303.
      No case of a prosecution in the Star-Chamber, for printing without a license, or against letters patent, or pirating another man's copy, or any other disorderly printing, has been found. ...

      But it is certain, that down to the year 1640, copies were protected and secured from piracy, by a much speedier and more effectial remedy, than actions at law, or bills in equity.

      You might also check out Bouvier's law dictionary, 1856 edition.
      PIRACY, torts. By piracy is understood the plagiarisms of a book, engraving or other work, for which a copyright has been taken out. 2. When a piracy has been made of such a work, an injunction will be granted. 5 Ves. 709; 4 Ves. 681; 12 Ves. 270. Vide copyright.
  3. I read the article... by blake213 · · Score: 5, Insightful
    ..and I don't think he has much of a case. Even though mp3's are inferior compared to uncompressed CD-audio, many people don't have the ears or the brains to notice otherwise. And I know lots of people who download entire cd's, and haven't bought a CD in years.

    Another thing I am tired of hearing people complain about is the cost of CD's. Sure, they can be considered expensive. I agree that the cost of replication is way lower than what they sell CD's for. But replication is probably the cheapest step of the CD-making process. Next on the list is the actual studio time spent recording the CD. But the real money-burner is promotion and distribution. Thousands, hundreds of thousands are spent on replication and distribution and marketing just so regular people (including the non net-savvy) can hear about new music. So I think $12.99 is more than fair. Even $14.99.

    Not to say the RIAA is always right, but if music pirating wasn't making the record companies lose money, why would they be so against it? If they lost no money, it would be a great marketing scheme. But they lose money. Not as many people buy CD's.

    --
    mund freud.
    1. Re:I read the article... by rco3 · · Score: 5, Insightful

      But replication is probably the cheapest step of the CD-making process. Next on the list is the actual studio time spent recording the CD. But the real money-burner is promotion and distribution. Thousands, hundreds of thousands are spent on replication and distribution and marketing just so regular people (including the non net-savvy) can hear about new music.

      And I suppose you think that the record company pays for those costs, right?

      Last time I checked, most contracts for smaller artists included studio time and promotion as recoupable costs. In other words, they are fronted by the record company and the recouped out of the artist's royalties. That's right, the $1 per disc (if that) that the artist gets FIRST goes to pay back the costs of making the recording in the first place, and (usually at least part of) the costs of promotion, etc.
      You're right, those things are expensive. But the label is just loaning that money, not giving it. And if the label happens to own the recording studio, do you think they charge the artist at a discounted rate? Ha! How about if the artist buys discs, at distibutor prices, from the label to sell at shows? Guess what - they don't get royalties off of those! Nor do they get diddly-squat ($0.05?) for those Columbia House discs.

      Fact is, even if your first album goes Platinum you probably wind up owing your record company a shitpot of money.

      Cry for the RIAA if you want to, but you're a sucker if you do.

      --

      Ce n'est pas un vrai mouvement de robot!
    2. Re:I read the article... by zerocool^ · · Score: 5, Interesting

      But the real money-burner is promotion and distribution. Thousands, hundreds of thousands are spent on replication and distribution and marketing just so regular people (including the non net-savvy) can hear about new music.

      This just got easier, by the way.

      Surf to CD Baby.

      Check it: Record album on your dime. Create CD's on your own dime. Pay CD Baby $35. Send them any number of your CD's. Sell them at whatever you want, CD Baby keeps $4 of each sale. CD Baby retains no rights to the music, the name, the distribution rights, or anything. All they are is hella-cheap internet distribution.

      Case in point: You're a punk band, not interested in making a lot of money. You produce your CD on your own time, pay for the recording. Then you buy a truckload of cheap CD-R's and cases. You use your friend's 32X burner to burn 100 copies, and you print out the inside case label. Say it costs you $1.75 per CD. You send them in, charge $7, and you make $1.25 per CD, after costs.

      That's cool. Distribution has always been the problem.

      Or, there are other people, like Ian Mckay of the DC/mathrock scene and Dischord records. His solution is this: No written contracts. Just handshakes. He pays for the recording and mastering of your band's CD. He distributes the CD. All out of pocket. When it's done, he keeps all the proceeds of CD sales until the debt is paid off, and then the band and the label split it 50/50. He doesn't touch merchandise or touring profits. If a band ever gets into a disagreement with Ian and want to screw him, he hands them their master and tells them to get the fuck out, deal off, and they lose him as a contact and gain him as a bad reference.

      So, I think slowly, music is changing. Attitudes are changing. The industry is changing. If I was to say one band has given me more joy over the course of my lifetime, I would have to say it was Less Than Jake. However, I'm seriously considering not purchasing LTJ's new album, because it's being put out by warner bros. records.

      I honestly think, in the long run, there are too many people willing to eat what they're given by the RIAA, and pay $21.99 for a CD. But the number of people who know what major labels put bands through and aren't willing to put up with it is increasing all the time.

      ~Will

      --
      sig?
  4. Ummm...the economy? by suzerain · · Score: 5, Insightful

    Excuse my French, but why the fuck doesn't anyone ever talk about the economy?

    It seems to me that the RIAA's sales drop also seems to coincide with the dot-com bubble burst, the Terror attacks, and the lack of sunsequent economic resurgence.

    I know that, as a resident in New York, freelance work has shriveled up -- if I hadn't had personally satisfied past clients who wanted to work with me again, I would have had to move. Quite frankly, we just don't have money to piss away on CDs right now, even if we didn't want to boycott the assholes at the RIAA.

    I just want one reporter to, like, ask them why they think the economy has not had a deleterious effect on their business?

    All this bullshit about MP#s being an ad for CDs, and so forth is just that: bullshit, IMO.

    Two things are going on: (1) the economy sucks; (2) CDs are becoming obsolete.

    Either way, the RIAA has no argument.

    --
    gameDB
  5. Old Song or It's all about control by DeadWizdom · · Score: 5, Insightful

    People don't realize that durring the explosion of radio the recording industry went nuts as well, citing bad sales and tried their best to destroy radio entirely. Once they embraced it, however, they got richer and richer and richer...

    But the issue to them isn't really the money that they claim they lose; it's the control. You see the recording industry is trying their best to keep us all in a world dominated by the MTV, not the MP3. In the world of MTV they can rely on certain things that will sell, they can even go so far as to control fads to control what will sell. With the MP3, that's all out of their hands.

    Ofcourse the first record company to figure this out gets the capitalist prize!

  6. Example from another industry by ArtHack · · Score: 5, Insightful
    It's interesting to take a look at another industry that is dealing with similiar issues... that of book publishing. While I don't think that eBooks are quite as popular as MP3 and other digital music formats, publishers are still grappling with the question of "piracy" and deciding what affect that has on book sales. One publisher, Baen (publisher of SciFi and Fantasy) has been experimenting with making selected volumes of their library available freely (in a fairly wide selection of formats), going so far as to package free eBooks on CDs with some hardback editions of popular authors. Many are available free on their website

    You can read the details at their website, but what they did was allow authors to voluntarily put books in the "free library" and they seem to be happy with the results. Oddly enough, people read the free eBooks, and wind up either buying the paper copy or other books from the author once they determine they like it! Surprise, suprise... There's also a good article comparing what Baen is doing with the record industry also.

  7. Part of the problem.... by telstar · · Score: 5, Insightful

    I'll leave the "is downloading illegal" argument alone, but part of the problem is that the music industry has failed to introduce any notable download service to compete with what consumers have come to expect as a way to obtain their music.

    I'd guess that music companies currently spend millions, if not billions of dollars, trying to figure out how to get their music in the hands of consumers ... yet here the consumer is telling them that they want the ability to download electronic copies of the songs. Out of fear of what the impact of such a service could mean to their bottom line, the music industry has failed to answer this demand ... and instead, has reacted with lawsuits. The result -- Consumers continue to download, since there's not a legal alternative answering their desire to get their music online.

    I'd guess that if the RIAA's strong-armed legal tactics were introduced side-by-side with an affordable online music-download service, they'd see that a large population of users wouldn't mind paying for a well-marketed digital distribution service. Right now they'd rather spend their time trying to get the genie back in the lamp instead of cashing in on what the consumer is telling them they want.

  8. Re:why CDs cost so much by schnits0r · · Score: 5, Insightful

    The reason it costs so much is demonstrated by a simple equation.

    12.00
    -.25 (artist royalties)
    -.50 (Blank CD)
    -.25 (To make up for piracy loss)
    ______
    $0.00

    What? The math doesn't add up? But it worked for Enron.

  9. Why CD sales are down by Animats · · Score: 5, Informative
    The surprising thing is that CD sales are only down 9%. Consider:
    • Music now competes directly at retail with DVDs, music videos, and video games. Most stores that carry any of those carry all of them.
    • Most of the radio stations in the US are now owned by Clear Channel or Infinity Broadcasting, which play the same old music over and over again.
    • Everybody has already converted from analog vinyl to CD.
    • We're in a recession. All discretionary spending is down. Cars and air travel are doing much worse than music.
    • Concert attendance is down about as much as CD sales are down.
    • Rock music tanked a while back, and nothing since has a similarly broad appeal.
    With all this, it's surprising that CD sales aren't down something like 50%. We may yet see that happen.
  10. Clarification by MacWiz · · Score: 5, Insightful

    Hate to interrupt here, but I'm George Ziemann. I'd like to correct a small error in the original post. What I said was that mp3s were ads for the actual recording. They ARE inferior because they only contain 10 percent of the original data. Maybe YOU (that's a very non-specific "you") can't hear the difference between a 128 bps mp3 and a 44.1kbps 16-bit recording, but I can. And it doesn't matter if you think it's immoral or not. It's my music and I should have the option of being a total moron and giving away crappy copies of my music for free if I want to. I can reach a global audience at a cost of $20 a month. Once I've made a CD, the mp3 costs ABSOLUTELY NOTHING to produce. As a result, I no longer need a record company. Record labels were invented to help the artist connect with their customers. Now they merely stand in the way. We don't need them any more, unless they successfully criminalize the sharing of mp3 files, in which case they gain complete control over my ability to make a living as a recording artist. Again.

    1. Re:Clarification by MacWiz · · Score: 5, Insightful
      My ads said that I was the copyright owner. Every time. The way that the copyright law is written, I don't need to prove it unless I am accusing someone else of infringing upon my copyright.

      Remember that I do not even have to register a copyright to gain protection under the law. All I have to do is put a date and the copyright symbol on it. Registration merely provides me the extra legal option of punitive damages.

      Shouldn't someone else have to prove that I DON'T own the copyright? Why should the burden of proof fall on the accused rather than the accuser?

  11. They're not stupid... by Thedalek · · Score: 5, Funny

    The RIAA isn't really stupid per se. They're just faced with the following scenario:

    Mr. Big Bucks: My record sales are slipping. Make them better again.

    RIAA: Well, there's a few things affecting your sales. There's your own high prices and lackluster quality...

    Mr. Big Bucks: Are you planning on getting paid?

    RIAA: ...And... uh... There's Internet Piracy! Yes, that's it.

    Mr. Big Bucks: Guess which one we can do something about.

    RIAA: High prices?

    Mr. Big Bucks: You are clearly delerious from the lack of money in your pockets. Here's a few million. Feel better now?

    RIAA: Oh, we go after piracy?

    Mr. Big Bucks: Excelsior.

    --
    Happiness is relative, Based upon the way we live.