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Record Labels Looking for a Cut of Tour Revenues

Anonymous Coward writes "As many a Slashdotter has pointed out, musicians make their money not from selling records but from going on tour. Now record labels are trying to get a piece of the action. 'Now the music labels, hungry for revenue from any source, are mulling over whether to make a grab for a piece of the tour biz. One company already has: In October EMI Recorded Music signed a deal with Brit singer Robbie Williams that gives the label a cut of the pop star's merchandise, publishing, touring revenue and sponsorship.'"

236 of 332 comments (clear)

  1. This just in..... by mrjive · · Score: 5, Funny

    ...major corporations want more money.

    Full story tonight at 11

    --
    If you can't beat them, arrange to have them beaten. -George Carlin
    1. Re:This just in..... by Kneo24 · · Score: 1, Funny

      the RIAA has found a way to blame piracy on their loss of money in touring.

      Later in the program we'll talk about cute fluffy bunnies and the best way to filet them.

  2. Not surprising by seinman · · Score: 5, Interesting

    I'm surprised it took them this long. I mean come on, there's a way for them to bilk the artist out of more of their earnings, and they didn't do it? That's not the recording industry I know!

    1. Re:Not surprising by Anonymous Coward · · Score: 4, Interesting

      Is this as bad a deal as it appears? Notice that the guy voluntarily signed - in order for him todo that, they had to offer something that he felt was worth signing. Maybe promotional things, perhaps transportation costs, etc.

      Also, note that the record label gets a percentage of the artist's earnings. This is a complete reversal of the record model, where the label gets it all, and the artist gets a precentage.

      I don't think the sky is falling.

    2. Re:Not surprising by __aaakhl8499 · · Score: 2, Informative

      I mean come on, there's a way for them to bilk the artist out of more of their earnings, and they didn't do it? Robbie Williams signed an 80 million pound ($130,000,000) contract with EMI (bbc link: http://news.bbc.co.uk/1/hi/entertainment/music/267 3983.stm). For an artist who is virtually unknown in the US, that's enormous! I can only speculate that part of the contract included 'advances' on expected revenue from his tours... I know I'd rather have cash in hand than gamble on the vagaries of teeny pop tastes...

    3. Re:Not surprising by digitalunity · · Score: 2, Insightful

      Note:

      Robbie Williams is not unknown in the US. He has had several singles released, several music videos made, and many albums sold. We 'mericans just aren't fanatic about him like them european folk.

      --
      You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
    4. Re:Not surprising by Rosco+P.+Coltrane · · Score: 5, Insightful

      Is this as bad a deal as it appears? Notice that the guy voluntarily signed - in order for him todo that, they had to offer something that he felt was worth signing

      How about "they offer the artist a chance to not have his career shot by reducing his radio air time, making sure they promote other artists better, or making him sign insane contracts ?" Is that worth signing for ? I doubt very much the record industry has genuinely something to offer that artists want to sign for. I'm even quite sure they don't even even have to say "or else" after saying "sign this" to an artist for the artist to comply.

      In the '30s, there was a guy in Chicago who offered such "services" to local businesses.

      --
      "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
    5. Re:Not surprising by Total_Wimp · · Score: 1

      "Is this as bad a deal as it appears? Notice that the guy voluntarily signed - in order for him todo that, they had to offer something that he felt was worth signing. Maybe promotional things, perhaps transportation costs, etc."

      In the article they say he got $20 million up front for a 25% stake in the revenues of upcoming tours. Sounds like a regular ol' investment to me and it also looks like both sides will make out nicely.

      The real danger is that they'll start sticking much worse deals to new acts who will be afraid to turn it down for fear of not getting signed.

      TW

    6. Re:Not surprising by chimpo13 · · Score: 4, Interesting

      It's probably done in the 80 million pound advance against future profits. I'm sure the labels will hold him liable if they don't make that much money off him. That's what they do.

      You should read Steve Albini's article The Problem With Music.

      Here's the 1st paragraph:

      Whenever I talk to a band who are about to sign with a major label, I always end up thinking of them in a particular context. I imagine a trench, about four feet wide and five feet deep, maybe sixty yards long, filled with runny, decaying shit. I imagine these people, some of them good friends, some of them barely acquaintances, at one end of this trench. I also imagine a faceless industry lackey at the other end holding a fountain pen and a contract waiting to be signed. Nobody can see what's printed on the contract. It's too far away, and besides, the shit stench is making everybody's eyes water. The lackey shouts to everybody that the first one to swim the trench gets to sign the contract. Everybody dives in the trench and they struggle furiously to get to the other end. Two people arrive simultaneously and begin wrestling furiously, clawing each other and dunking each other under the shit. Eventually, one of them capitulates, and there's only one contestant left. He reaches for the pen, but the Lackey says "Actually, I think you need a little more development. Swim again, please. Backstroke". And he does of course.

    7. Re:Not surprising by Smidge204 · · Score: 3, Interesting

      Maybe I'm missing something, but I don't see how both sides can "win" with that arrangement.

      I pay you $20M if you give me 25% of your profits. I only win if you make more than $80M (thus recovering my $20M outlay and more for profit).

      But if you made over $80M, then *you* lose 25% of all profit over over $80M.

      If you make less than $80M, then *I* lose out, since my 25% cut won't even over my "investment", but you come out slightly ahead.

      That sounds more like insurance for the artists than an investment. - You buy insurance from me in ase your tour makes less than $80M.

      Now who do you think insurance policies REALLY benefit in the long run? And with the amount of money tours generate, that strikes me as a pretty stupid policy to buy because you'ld have to really bomb to make a decent profit or really, really good for me to make a decent profit.

      Maybe it is more like "protection money"...
      =Smidge=

    8. Re:Not surprising by Don+Negro · · Score: 1

      Acutally, most insurance companies pay out more in claims than they take in in premiums.

      The data is publically available via the A. M. Best Company. I'd give you a primer on the whole thing, but Warren Buffett has done a much better job than I could.

      His explanation is about 1/3 of the way down the page, or just search for 'Source: A.M. Best Co.'.

      --

      Don Negro
      Perl 6 will give you the big knob. -- Larry Wall

    9. Re:Not surprising by randyest · · Score: 1

      Acutally, most insurance companies pay out more in claims than they take in in premiums.

      True, but misleading. From your source:

      The combined ratio represents total insurance costs (losses incurred plus expenses) compared to revenue from premiums: A ratio below 100 indicates an underwriting profit, and one above 100 indicates a loss.

      I assume you made your statement because all of the figures in the table referenced are between 104.6 and 118, with the average at 109.89. However, if you keep reading, you will learn that the breakeven = 100 table is ignoring investment income on the premiums, so it's as if they just kept your premium payments in a 0%-earning account to do nothing until it is paid out years later, which is not at all the case. To wit:

      When the investment income that an insurer earns from holding policyholders' funds ("the float") is taken into account, a combined ratio in the 107 - 111 range typically produces an overall breakeven result, exclusive of earnings on the funds provided by shareholders.

      So, the OP's assertion that insuring is generally a profitable thing for the insurer rather than the insuree is in no way harmed by your interesting citation.

      --
      everything in moderation
    10. Re:Not surprising by Smidge204 · · Score: 1

      After all, if insurance companies lost more money with each policy they sell, there wouldn't be so many of them. (And they certaintly wouldn't have lobbied to get some types of insurance mandated - like car insurance in New York).

      They make money through volume, hoping that it'll be awhile before you collect, allowing them to accrue interest on your account. Still a gamble, of course.

      I wonder if insurance companies need insurance?
      =Smidge=

    11. Re:Not surprising by jmccay · · Score: 2, Interesting

      The smart artists will tell the Record companies where to go, and then start marketing using the internet to market there products. They can promote their albums by using file swapping. They can pave the way for a new model of salling their products. The reality of the situation is that the record companies are obsolite!

      --
      At the next eco-hypocrisy-meeting, count the private jets used to get to the meeting. Should be interesting to see that
    12. Re:Not surprising by jht · · Score: 1

      I'm going to go out on a limb and say that he quotes a good source - given that it's Warren Buffett's writing he linked.

      As an employee of an insurer (IT, not the business side), I can safely say that insurance is a strange business. Typically the goal of an insurer is to finish a given year with a combined ratio around 100% - if that's the case, than you're almost certain to make a profit since you'll return money on the float (unearned premium). You'll also make some money on the surplus - a typical surplus level for a smaller company like the one I'm at is about 40-60% of total premium dollars. So a $100 million dollar company (not as big as it sounds - actually that company would only have between 150-200 employees depending on other factors) would carry from $40m-$60m in surplus to be considered healthy. That surplus is the cushion against bad years and catastrophic losses - beyond that there's reinsurance for the really bad stuff. Reinsurance is another one of Berkshire Hathaway's businesses.

      One thing that's important to consider in calculating returns is this, though: insurers tend to invest far more conservatively than most other financial services firms would. That drags the return down. Also, mutual insurers (who are technically only beholden to the policyholders to be healthy and stable) are more conservative with their money than stock companies are (stock companies have to play the Wall Street quarterly earnings game).

      Since investment returns are so poor in general right now, the target combined ratio for breakeven operation (at least for a smaller P&C company) would probably be around 105% or less. A 110% wouldn't be too good in a bearish market like we've got today.

      --
      -- Josh Turiel
      "2. Do not eat iPod Shuffle."
    13. Re:Not surprising by Kwil · · Score: 1

      Uh-huh.. ..and how much music have you actually bought from the 'net lately?

      --

      That Jesus Christ guy is getting some terrible lag... it took him 3 days to respawn! -NJ CoolBreeze

    14. Re:Not surprising by randyest · · Score: 1

      I'm going to go out on a limb and say that he quotes a good source - given that it's Warren Buffett's writing he linked.

      Er, thanks for the limbsmanship there, but it really isn't necessary or relevant. See, no one questioned the authority or credibility of the source. And everything you said was, well, pretty much said by reference in the reply to the OP.

      Bringing this back OT: \

      Great-grandparent said:

      That sounds more like insurance for the artists than an investment. - You buy insurance from me in ase your tour makes less than $80M. Now who do you think insurance policies REALLY benefit in the long run?

      Grandparent said:

      Acutally, most insurance companies pay out more in claims than they take in in premiums. The data is publically available via the A. M. Best Company.

      Parent said:

      True, but misleading . . . [that's] ignoring investment income on the premiums, so it's as if they just kept your premium payments in a 0%-earning account to do nothing until it is paid out years later, which is not at all the case

      And now you, for some reason think you're going "out on a limb" in asserting that Warren Buffett is a credible source for info.

      It seems that /. has degenerated to the point that people not only fail to RTFA, but also don't bother to read posts to which they are replying. Sigh.

      --
      everything in moderation
    15. Re:Not surprising by Frymaster · · Score: 5, Interesting
      "they offer the artist a chance to not have his career shot by reducing his radio air time, making sure they promote other artists better, or making him sign insane contracts ?"

      bingo. remember that a "major" record label is, by definition, a label that owns its own distribution and promotion network (which is why you sometimes see albums with the indie label logo and a major's logo on the back. the major is the distro channel).

      while this combo can be a good "package deal". it means that the artist is tied to one label for everything - the product, the promo, the distro. there's no shopping around.

      witness the band "drive like jehu". originally they were headhunter, and indie from san diego, distributed by cargo (of montreal). their first lp did remarkably well, so they moved to capitol to get "better distro and promo". the second album was considerably different than the first and capitol decided that they didn't want to be involved with dlj anymore - so they killed the distro. three weeks after the release, the busiest hmv in my city had exactly one copy.

      of course, dlj couldn't shop the product to another distro company. they'd signed a contract. in the end, the band broke up. (two of the members are in the hot snakes now... in case yr a fan).

      so, the moral is this: if you sign with a major, they hold all the cards and can leverage release schedules, distro, promotional material &c. against you to force you to renogiate.

      nb: dlj's contract stipulated that the vinyl release of that second lp could be done by headhunter. that was a pretty rare condition. but for a year it was the only way to get that album, in my city at least! nb also that the abovementioned album was eventually re-released last year by swami records - an indie.

    16. Re:Not surprising by Malcontent · · Score: 2, Interesting

      If things are that bad why aren't there more labels? The RIAA is evil and makes lots of money but couldn't an ethical record company be formed that makes less money but treats artists better?

      I know that there are a billion little labels how come one of them is not growing?

      Something seems wrong here.

      --

      War is necrophilia.

    17. Re:Not surprising by Total_Wimp · · Score: 2, Informative

      True, if the guy makes more than $80 million he'll have to give some of his profits to the record lable. But he gets $20 million dollars to invest as he pleases right now.

      Both sides win because the needs of each side are different. One side needs/wants cash quickly while the other side prefers more cash but is willing to wait for it.

      Instead of insurance you might want to think of it like an IPO. You're giving away some of your potential profits in exchange for instant cash; something not easily come by.

      TW

    18. Re:Not surprising by valisk · · Score: 2, Informative

      Or maybe they offered him $80 Million upfront to sign a seven record deal and agree to take a cut of his future non Record label earnings as well as pay record promotional expenses out of their own pockets whilst Robbie agreed to produce the music in his own studio?

      --

      Economic Left/Right: -0.62
      Social Libertarian/Authoritarian: -3.69
    19. Re:Not surprising by Lt+Razak · · Score: 1
      Yea, never underestimate 20 mil in the pocket right now.

      Imagine all the source material he has now to sing about. He's rich. He can buy hos. Etc.

    20. Re:Not surprising by telstar · · Score: 1
      "Also, note that the record label gets a percentage of the artist's earnings. This is a complete reversal of the record model, where the label gets it all, and the artist gets a precentage."
      • Just so you know ... 99% is still considered a percentage.

    21. Re:Not surprising by DarkZero · · Score: 1

      If things are that bad why aren't there more labels? The RIAA is evil and makes lots of money but couldn't an ethical record company be formed that makes less money but treats artists better?

      I know that there are a billion little labels how come one of them is not growing?

      Something seems wrong here.


      The simple truth: No radio airplay.

      There aren't any radio stations in my area that play music that isn't either classical or released by the RIAA. Nothing by small independent labels, nothing by a foreign artist (even in English) that doesn't have a domestic RIAA contract; simply put, if it's not from the RIAA, it's not played. This is because if any of these stations ever want to play a really popular RIAA song at any time after playing a non-RIAA song, there's the potential that the RIAA will say, "Oh, you mean the number one song in the country? The one that you get tons of requests for and that all of your advertisers are wondering why you don't play? Nope, sorry, you won't be getting that. You don't meet our 'quality (compliance/submission) standards'. Maybe the guys that buy your station from you after you go bankrupt will get with the program."

      This is why, even in highly populated areas like where I live, you don't hear anything foreign or non-RIAA. All radio stations except classical music stations and college stations are subservient to the RIAA and its whims because they know that subservience is more profitable than experimentation. Unfortunately, this behavior makes the RIAA songs the most popular songs in the United States by default, which means that radio stations must be subservient to the RIAA to be profitable, which makes RIAA songs the most popular songs in the United States by default. It's a vicious cycle perpetuated by the fact that no self-respecting, intelligent businessman in a free market system is willing to take the lead and sacrifice himself and his business for the good of the entire market.

  3. They just now figured this out? by taped2thedesk · · Score: 5, Interesting
    Umm... hello? They haven't done this already?

    I thought a big part of the RIAA's argument is that the labels have to underwrite the promotion and some of the costs for the tours... If this is true, then shouldn't they have already been taking a cut from the tour profits? Maybe I'm wrong here. I'd check out the RIAA's site, but it appears to be down...

    1. Re:They just now figured this out? by mjmalone · · Score: 5, Interesting

      I thought a big part of the RIAA's argument is that the labels have to underwrite the promotion and some of the costs for the tours...

      From what I have read this is not true. Most record contracts state that all/most costs related to marketing and distribution will be recouped from the artists cut of the CD sales, not the record companie's. Of course this means if the record doesn't sell well the record company doesn't get all that money back through the artist's cut... But it also means the artist will get nearly nothing.

      I wrote a paper for school on how I morally justify downloading mp3s which outlines the way most record contracts work.

    2. Re:They just now figured this out? by Seek_1 · · Score: 1

      Nice paper. It's worth a read for those who are interested.

    3. Re:They just now figured this out? by mjmalone · · Score: 1

      Blah. Adobe distiller is acting up. If anyone has it and can convert it for me that'd be great. For now I just saved it as text... formatting sucks but if you really want to read it here ya go. Sorry.

    4. Re:They just now figured this out? by BroncoInCalifornia · · Score: 2, Interesting

      $18 a CD. The artists (most of them at least) do not get a cent from the CD sales. The CDs and packaging cost pennies to make.

      But the record companies are losing money. This is like screwing up a wet dream! So they now decide to screw the artists even more!

      They need to change to a new business model. Promoting Artists should not be so expensive. Web sites and Internet Radio are inexpensive ... Wait - The internet Radio stations have to pay a tax to the RIAA.

      The Music business will not get better until some of the major labels go under. It is a shame the record stores are going under first.

      Here is a way to help the record stores and keep money out of the hands of the major labels:
      Buy the CDs used. Copy - Then sell the CD back to the record store at a lower price.

      --

      Religion is the main cause of atheism.

    5. Re:They just now figured this out? by The+Phantom+Buffalo · · Score: 1
      Yes, they need to change there business model. The problem seems to be that they have one successful band from an area, then they sign every other band in the area and hope one floats to the top. This is where all the money is going.

      Good bands will succeed with a little radio airplay, real good bands don't even need that.

    6. Re:They just now figured this out? by Khakionion · · Score: 1

      Wasn't down just now when I loaded it. But they recently redesigned it...looks like crap now. The old design was much cleaner...this just looks like one of those crap pages...you know...let's see, how about...ah, like this.

      --
      OMG! Wau!
    7. Re:They just now figured this out? by mrpuffypants · · Score: 1

      You may remember a while back that the record labels were considering adding their own "tax" of sorts onto used CD salse to discourage retailers from selling them.

      They are thinking along the exact same lines as you are, except that they can't "tax" used CD sales that a customer sells to the store. That's just retarted!

    8. Re:They just now figured this out? by s-meister · · Score: 1

      Obtain Open Office 1.1 Beta 2. It will export your DOC as a PDF, and it is free.

  4. Who cares? by SamBeckett · · Score: 2, Insightful

    No one is forcing the artists to sign a contract with record label X-- if they dont like the terms, find another record label who has terms you agree with. If none exist, well you are up the river without a paddle, but Juicy cranberries grandma!

    1. Re:Who cares? by dacarr · · Score: 1

      IIRC, Sam, there are some musicians who have their own labels. Madonna comes to mind here.

      --
      This sig no verb.
    2. Re:Who cares? by Stephen+Samuel · · Score: 4, Interesting
      No one is forcing the artists to sign a contract with record label X-- if they dont like the terms, find another record label who has terms you agree with.

      My understanding is that what the labels often tend to do is sign a 'quick' pre-contract agreement that pretty much locks up the musicians, then starve them into signing.

      Quick, nasty and effective. The trick for the musician is to actually pay attention before signing such 'quick and harmless' agreement in principles -- but the young and eager are often blinded by apparent opportunity.

      --
      Free Software: Like love, it grows best when given away.
    3. Re:Who cares? by barc0001 · · Score: 5, Insightful

      Wow. That's good.

      Did it ever occur to you that most bands starting out have less ability to dictate terms to a record label than people who are getting their first mortgage have with the bank? It works like this:

      (label rep) : Here's our terms. Sign right there and we'll bring you onboard.
      (band) : Hang on, we are a little unsure about this point here. Can we alter it?
      (label rep) : Truth be told, I came to town to cut a deal with a band. If you don't like these terms, there are 3 other bands I'm talking to that I'd be just as pleased to go with.

      At this point, the band either signs a draconian contract agreeing to give away God knows what, or the A&R rep walks and does business with someone else and the first band continues to play at dingy nightclubs ad nauseum. Fair? No. Life? Yes.

      More here on exactly how that works and how bad the band is screwed.

    4. Re:Who cares? by jtalkington · · Score: 1

      Actually Madonna's record company is owned by AOL/Time Warner.

      For a band that puts out thier own stuff, check out the Supersuckers.

    5. Re:Who cares? by dacarr · · Score: 1

      Oh, great, a front....

      --
      This sig no verb.
    6. Re:Who cares? by usotsuki · · Score: 1

      I don't think Maverick (Madonna's label) is owned by AOL, just her distributor (WB Records).

      -uso.

      --
      Dreams, dreams, don't doubt dreams, dreaming children's dreaming dreams. Sailor Moon SS
    7. Re:Who cares? by CausticWindow · · Score: 1

      If your goal in life is to be a stinking rich "artist", "star" or whatever, then you'll have to sign a deal with the devil. It's as simple as that. I don't understand why you all have to victimize the gold diggers that they are.

      Musicians on the other hand, make deals with smaller, more sane companies (no I'm not talking about "indie" or whatever you Americans call anything that's not on Warner or Sony, there are a lot of smaller record companies not owned by big corporations).

      --
      How small a thought it takes to fill a whole life
    8. Re:Who cares? by geekee · · Score: 1

      What's your point. That's how free market works. If there are 100 bands fighting for 1 contract, if your band isn't particularly special, of course you can't negotiate terms other bands are willing to accept. I don't understand what you think is unfair with this concept. Why do you describe the contract as "draconian" when both parties agrred to it freely? That term implies a use of force. Both parties are free to walk away if they don't like the terms. If a band gets screwed, it's their own fault. In reality there are a thousand bands that would trade places with these bands that got "screwed".

      --
      Vote for Pedro
  5. wtf by Anonymous Coward · · Score: 1, Insightful

    How are the artists expected to make any money at all? This is outrageous. So now when we "do the right thing" by boycotting the RIAA and their overpriced CDs and really support our favourite bands by going to their concerts, even that might not be enough? How is the typical artist supposed to make a living? I have a feeling all of this will come back to haunt the labels eventually. Hopefully sooner rather than later.

    1. Re:wtf by dbretton · · Score: 1

      Oh God! How will they survive?

      The poor artists may have to work hard all year long making an album and touring, all for... *gasp* a paltry $5 million dollars earnings.

      Oh the humanity!

    2. Re:wtf by son_of_asdf · · Score: 1

      Most touring artists are lucky if they can afford three square meals a day, and even the kids that have major label contracts and tour support are lucky to come back home after a year on the road with more than a thousand bucks in thier pocket at best to show for it.

      --
      Don't Panic!
    3. Re:wtf by Aiku1337 · · Score: 1

      A lot of good that money does you if you can't enjoy it. Additionally, just because they make more than, me or you or God for that matter, it doesn't mean they don't deserve every penny coming to them. Yes it may be extravagant NOW, but most bands have struggled to get where they are.

    4. Re:wtf by Aiku1337 · · Score: 1

      I meant the artists deserve the money coming to them, not the labels. And if you meant the artists don't deserve money then, wtf?

  6. Makes sense... by Sheetrock · · Score: 2, Insightful
    A lot of times, the label is putting a fair chunk of change into promoting the tour, booking the appropriate venues, and getting things done in general. I could see a decent tour costing the same as producing a CD, if not more when they go multinational.

    I don't think it's wholly inappropriate. I know we're paying more for CDs than we probably should, but the one has nothing to do with the other.

    --

    Try not. Do or do not, there is no try.
    -- Dr. Spock, stardate 2822-3.




    1. Re:Makes sense... by weave · · Score: 1

      That's weird, I thought that was Budweisers job (or some other unrelated company I see attaching their names to some tours...)

    2. Re:Makes sense... by neoform · · Score: 1

      actually it's the local promoters who foot the bill and pay the artists to preform at their events.. just cause they're on "tour" doesn't mean they're making it up.. they get booked by promoters and play in a given city then off to the next promoter's city.. where does the label come into the picture?

      --
      MABASPLOOM!
    3. Re:Makes sense... by thdexter · · Score: 1

      No, record labels don't do that. They put out records. Promoter companies promote and book tours.

      --
      I'm on a road shaped like a figure eight; I'm going nowhere but I'm guaranteed to be late.
  7. This is all the .mp3 pirates' fault. by Anonymous Coward · · Score: 2, Funny

    If pirates had just bought the damn CDs instead of illegally downloading them, the record companies wouldn't have to do this. You caused this.

    1. Re:This is all the .mp3 pirates' fault. by mjmalone · · Score: 4, Insightful

      True... Partly... the problem is the record companies see that they are no longer needed. Their main function was to act as a source of loans and to distribute music. Recording music is no longer expensive, and distribution can be done over the internet. Who needs record companies anymore?

    2. Re:This is all the .mp3 pirates' fault. by geekmetal · · Score: 1
      If pirates had just bought the damn CDs instead of illegally downloading them, the record companies wouldn't have to do this. You caused this.

      And if the record labels had kept the CD prices down, not as many people would have pirated the mp3s.

      The corporations want more than the worth of the products they are selling and consumers will take what can get for free, but somewhere there is an amicable balance.

      I guess with respect to the music industry this balance was disturbed by the exhorbitant prices of the CDs and we are currently oscillating around the balancing point.

      --
      There are two kinds of egotists: 1) Those who admit it 2) The rest of us
    3. Re:This is all the .mp3 pirates' fault. by David+Hume · · Score: 1

      If pirates had just bought the damn CDs instead of illegally downloading them, the record companies wouldn't have to do this. You caused this.


      I wasn't going to say this... but I was going to raise the same issue. :)

      Seriously, I think the problem for many who get all of their music free from the net and haven't paid for recorded music in years (some of whom take great pride in that fact) is as follows. While you say that you don't want to punish the artists (and I believe you), and you hate and want to punish the greedy, monopolistic, dictatorial, idiotic, Britney Spears foisting record companies, it is simply NOT POSSIBLE to screw the record companies without screwing the artists. Given the gross disparity of power between all but the most succesful artists and record companies, it is *always* the artists who are going to get screwed. Efforts to screw the record companies are akin to an economic drive by with artistic children wandering around the kill zone. It is always the (relatively) innocent who get hurt.

      I guess artists can always just give up on the idea of making big bucks off of selling recorded music, and simply tour for a living.

      p.s. Given the topic, I don't feel bad saying that a good friend of mine is in the band Drinkers Purgatory (see url above and sig below), and could use your support. :) In this case, "support" simply means checking out their (free) MP3s.

    4. Re:This is all the .mp3 pirates' fault. by God!+Awful+2 · · Score: 1


      I guess artists can always just give up on the idea of making big bucks off of selling recorded music, and simply tour for a living.

      That's what always bugs me about the notion that artists should make all their money from touring. Let us remember that one of the greatest moments in rock music was the days the Beatles stopped touring. Before they stopped: Please Please Me, With the Beatles, Help, etc. After they stopped: Sgt. Pepper's, White Album, Abbey Road, etc.

      -a

  8. In realted news.. by Valiss · · Score: 5, Funny

    ....the record labels are now requiring musicians to give up their first born in order to breed a new race of pop stars.

    --

    -Valiss
    1. Re:In realted news.. by garcia · · Score: 3, Funny

      nah, they just create them out of thin air. Or is that they just disappear into thin air? Something like that.

    2. Re:In realted news.. by antiMStroll · · Score: 3, Funny

      Apparently screwing artists directly hasn't been successful.

    3. Re:In realted news.. by mrpuffypants · · Score: 2, Funny

      Unless you date Britney Spears!

      Britney Spears comes clean; not a virgin!

      Zing!

  9. artificial scarcity versus real scarcity by Thinkit3 · · Score: 5, Interesting

    Ok, to the animals who don't get the "theft" thing, a concert has real scarcity. If I copy your ticket, both our asses can't sit down in that seat. A recording has only artificial scarcity. Copying your cd has no effect on you. So this is a good thing. Let them act as promoters.

    --
    -Libertarian secular transhumanist
    1. Re:artificial scarcity versus real scarcity by Anonymous Coward · · Score: 1, Interesting

      Are people really this stupid, or do they practice it?

      You're not stealing from the guy whose CD you copied. You're stealing from the seller of the CD, who now has lost their opportunity to sell you a second copy of that CD. There are two instances of their product out there, yet they were only paid for one. They've been illegally deprived of the money from the second sale. Outside of law school and its terminological hair-splitting, it's not unreasonable to casually call that situation "theft"; the net result is no different than if the vendor had been paid for two CDs, and someone broke into the till and took the payment for one of them back.

      Outside of Star Trek, you can't just copy a widget when you want one, so the widget-maker won't lose that second sale. But intellectual property laws exist precisely because information is easy to copy. Scarcity isn't the issue; securing a return on creative effort is.

    2. Re:artificial scarcity versus real scarcity by Aadain2001 · · Score: 1

      You analogy is wrong, so so wrong. I'd completely agree if 2 CDs had been bought, and someone stole the money from the till. Now the selling is out both the PHYSICAL CD, the cash it took to buy that CD from the distributor, AND the cash to pay for the store,sales people, etc. There is real, measurable loss there and almost everyone here would never do something like that.

      Copying a CD does not deprive anyone of money or physcial property. I copy a CD, a CD doesn't disappear off the shelf from some store. That store still has that CD to sell to get money to pay for buying that CD from the distributer and for running the store and a little left over for profit. If everyone did that, yes it would put everyone out of business, but it would also show that what was being sold was being sold for a higher price than the demand warrented. They can either a) ignore the demand and continue to sell the CDs at higher prices or b) reduce the prices and increase the supply until demand is met. Putting your hand over the mouth of a screaming child may quiet the noise, but it doesn't fix the underlying problem.

      --
      Space for rent, inquire within
    3. Re:artificial scarcity versus real scarcity by Art+Tatum · · Score: 1
      It's not hair-splitting at all. Copyright was never intended to be *anything* like a property right. It has been corrupted severely, largely by people who insist that it's 'just like property'.

      Do you think Thomas Jefferson would have been willing to make his farm public property after 14 years? No, that violates the very essence of property rights. So why was copyright initially a 14 year deal? BECAUSE IT'S NOT A PROPERTY RIGHT! But now, since everyone keeps calling it intellectual 'property', it makes perfect sense to keep extending the term indefinitely.

      Before you start more self-righteous preaching, I'm not suggesting that people should violate copyright. That's illegal and I have no problem with that. But to call it property displays ignorance of the nature of the idea. And to keep extending it is ridiculous and is in violation of the Constitution.

    4. Re:artificial scarcity versus real scarcity by bucky0 · · Score: 2, Insightful

      Well, unfer your analogy, would it be fair to do this?

      The ultra-cool band X is releasing it's highly anticipated album, "Album X". Hundreds of thousands of people wait out in front of the record store at midnight to get the new album. Just before midnight, however a man says that he will sell people burned copies of CD's for $3 a piece. Of the 100,000 people who were sitting outside the store waiting to purchase the CD, 99,000 people chose the burned CD because it's cheaper.

      Instead of grossing 100k x
      They receive 1k x
      Is that fair to the artist or the record store?

      Please reply because i'm wanting to understand the logic that went on in your post

      --

      -Bucky
    5. Re:artificial scarcity versus real scarcity by shaitand · · Score: 1

      They've only lost thier second sale if I would have purchased the CD. They can't prove that I would have EVER been willing to pay $20 for it (and I certainly would never consider a cd something to pay more than $2 for).

      You seem to have this backwards... last I checked outside of law school and it's terminological hair-splitting this could NEVER be considered theft!

      You have to have something for it to be stolen, if you don't have it, and have no or little chance of getting it in the first place, I can't steal it.

      You COULD claim that if I was given the hope diamond I stole it from you *random individual who does not posess hope diamond* because it might potentially pass through a worm hole and drop from the sky into your hand too. Hell I can make up all kinds of more and less likely ways I could have potentially been deprived of profits that didn't actually exist... it's not theft.

      When you copy a cd your not stealing money because said money was only theoretical. Your doing nothing more or less than making a copy without permission and that is violating an entirely different law which has nothing to do with theft.

    6. Re:artificial scarcity versus real scarcity by shaitand · · Score: 1

      This is bullshit spit out by financial dickwads and lawyers.

      I can't "steal" a POTENTIAL sale. The only way I've reduced the market is if those 5 friends WOULD HAVE purchased the cd, not MIGHT have, but WOULD have... note the difference is fact vs theory.

      Is there any other horseshit you'd like to feed me? If I share said horseshit with someone you'd don't know and are highly unlikely to ever meet have I stolen from you since you've lost your right to POTENTIALLY tell them yourself?

  10. who needs record labels? by Pompatus · · Score: 3, Insightful

    At this rate musicians won't even worry about getting signed to a label. A couple friends of mine do quite well playing local gigs. Of course, here in New Orleans, live music is plentiful.

    Don't get me wrong, this wont happen anytime soon. I wonder, though, what the threshold is before it pays to stay home and play in your local club.

    --

    ----
    Squirrel ... It's not just for breakfast anymore
    1. Re:who needs record labels? by shaitand · · Score: 1

      I don't want a reply to this.

      Are you honestly going to tell me you don't aim for advancement at your 9-5? At what point does the pursuit of money make you a whore? If I walked up and offered you 10million dollars would you take it, or stick with your ideals and not pursue it by reaching out your hand and taking it?

  11. Word up! by Lysol · · Score: 1

    I too grow tired of the bands that keep whining about everything. Put up or shut up! Esp. for the Madonna, Metallica and Radiohead types.

    Your time is almost... up.

    1. Re:Word up! by Stuart+Gibson · · Score: 2, Funny

      Oh come on, if Radiohead weren't whining they lose they key demographic.

      Goblin

      --
      It's all fun and games until a 200' robot dinosaur shows up and trashes Neo-Tokyo... Again
  12. I thought... by ryanr · · Score: 1

    Don't the labels get a fee whenever a song is performed? (Some of which might be back to the writer, if the label feels like it...) Wouldn't that include the artist performing their own song?

    I guess the new part is wanting a percentage of merchansing? Oh, and the article says sponsorship, too. Ouch. You mean you can't even sell out to Pepsi without losing a cut, now?

    1. Re:I thought... by ryanr · · Score: 1

      Don't try to make the RIAA et al out to be worse than they are.

      I don't think I could if I tried. :)

      I think a lot more people have an idea how a record contract works now, because of what the RIAA has been up to.

      And yes, I'm aware there's a fee when a song is performed... which is why I said that in the post you replied to. That's actually an interesting allowance in the otherwise draconian music copyright laws... I believe the law permits me to perform any song I want, as long as I pay my fee, yes?

      Anyone know if the RIAA still gets their cut when you're performing your own song?

    2. Re:I thought... by beaverfever · · Score: 4, Interesting

      Don't the labels get a fee whenever a song is performed? (Some of which might be back to the writer, if the label feels like it...) Wouldn't that include the artist performing their own song?

      Royalties are supposed to be paid when a song is performed. That royalty goes to whoever owns the copyright, which would be the artist if they were smart, or someone else if they voluntarily sold the rights to the song. It wouldn't include the artist performing their own song if they own the copyright.

      I guess the new part is wanting a percentage of merchansing? Oh, and the article says sponsorship, too. Ouch. You mean you can't even sell out to Pepsi without losing a cut, now?

      This comment makes it sound as if the labels are taking a cut without doing any work, like perhaps mafia protection money. Deals such as these are not extortion, but the record companies branching out into other areas of the entertainment business that have existed for years - merchandising; someone must make, market and sell the stuff - sponsorship; someone must produce the numbers and charts, seek out potential sponsors and sell the artist to them as a good marketing investment. This takes time, people and money.

      Right now these things are going on (whoever got Led Zepp their $500,000 fee from Cadillac took a cut), record labels just want to enter that part of the biz. If the artist thought someone else could do these things better, they are free to work with them. I could see big labels being in a good position to excel in these areas as they have lotsa cash to work with and plenty of contacts.

      Please notice that this article only discusses mega-huge acts. It could be a sound business move for a major artist and label to enter into all-encompassing contracts which cover recording, merchandising and touring, instead of bouncing back and forth between several companies. This type of deal probably wouldn't be effective with or for smaller acts.

    3. Re:I thought... by shaitand · · Score: 1

      Yes the people who do these things are called agents/managers. After the artist gets big these are the people who fight the record labels for better terms for the artist... I can understand why the labels might want them out of the picture.

      "This takes time, people and money."

      You realize all the label does is spend the artists money right? They put the money out upfront but this is a loan, the label takes all these expenses out of the artists cut...

    4. Re:I thought... by beaverfever · · Score: 1

      Well, no, managers of major artists most likely don't do these things directly, they arrange for these things to be done. (much like how a manager would receive payments and pay the bills, but would likely hire an accountant, and the manager also reviews contracts, but still hires a lawyer)

      In the case of major artists (and keep in mind, we're talking about a business arrangement that would most probably only apply to Major Artists), when it came time to tour the manager would shop around for a merchandiser. Why source it out? One, recording artists' business is cyclical, with recordings and tours only happening once every year or two, or less; setting up and tearing down the infrastructure to handle the merchandising every other year would be a waste of time, effort and money. Second, the merchandising companies would be a step ahead anyways - are the kids buying tank tops or long-sleeve shirts? Do they want toques or headbands? Will keychains sell or would necklasses do better? A good merchandising company would already have current market data and be able to show this to the band, via their manager.

      As for sponsorship/marketing deals, there are companies which handle this, they do market research and studies to back up the value of the artist and arrange these promo deals, and again, the manager would deal with these middlemen. It would be unlikely that an artist's management would deal directly with a corporation looking for a spokesperson.

      Then there's touring: even with a regular manager, many bands will have a separate tour manager and/or booking agency. Again, while a manager is handling day-to-day business, a tour manager and booking agents would take care of the touring parts of the business, with the manager overseeing it all.

      So what we have is recording companies wanting set up a merchandising division, an advertising/marketing division to handle corporate sponsorship, and a tour management/booking agent division. None of the work done by these parts of an expanded record company would negate or reduce the role of the manager, nor would they upset an artist's bargaining position. Once again, these types of deals would be for Major Artists, who could take their business just about anywhere they want. Small-time bands would probably never see this type of deal with an entertainment company.

      "This takes time, people and money." You realize all the label does is spend the artists money right? They put the money out upfront but this is a loan, the label takes all these expenses out of the artists cut.

      Yes, with the release of a CD, expenses are recouped from the artist, but that's why it's called an advance - they are lending money. If you started a new job and the boss offered you a year's salary up front, you wouldn't be working for nothing for the rest of the year - you'd be working for the money you've already been given. Whether you get paid now or later, you get paid. Once the advance is paid, if sales continue, then there's more money for the artist With this responsibility in mind, some bands don't get/take an advance.

      If you look at business from the label's side of the deal, say they sign a band, and the band sells tons of CDs and the label makes lots of money. That's great for them, but for every band that sells well, plenty take a dive and the labels lose money on these. The entertainment business is very speculative, and whether it's music, movies or television, the money from the winners goes to pay for the losers. Even in a hypothetical scenario like the one presented by Steve Albini (which doesn't include the writer's royalties, by the way), the label doesn't make a frighteningly huge sum of money, and from the money they do make, salaries must be paid for everyone from executives to stock boys in the warehouse, rent must be paid, phone bills, insurance, etc., etc., and losses from CDs that tank must be covered.

      If running a record label is such a fanta

  13. Was Robbie forced to sign the contract? by mikeophile · · Score: 3, Insightful
    He was paid $20 million up front for the stake in his non-music revenues.

    Record companies are not the nicest people, but the spin on this submission is that they are somehow robbing the artists.

    There are enough things to berate the music industry over without having to fabricate injustice that isn't there.

    1. Re:Was Robbie forced to sign the contract? by scalis · · Score: 2

      He was paid $20 million up front for the stake in his non-music revenues.
      Record companies are not the nicest people, but the spin on this submission is that they are somehow robbing the artists.


      I remember Robbie screaming "I am filthy rich" at a press conference I saw on TV after signing this deal. Althouh I seem to remember Maria Carey that got paid to NOT make music. I wonder wich concert I have to visit to sponor that deal?

      I was just waiting for someone to post this exact comment about Robbie getting his share so I could mod him up.
      Oh no! I posted instead and now I cant mod! Bummer :\

      --

      True ravers don't need drugs
    2. Re:Was Robbie forced to sign the contract? by ryanr · · Score: 2, Insightful

      Robbie isn't the problem. The problem is struggling artists, and mking it "normal" for the record companies to take one more source of revenue from them.

      No, no one is forcing the artists to sign a contract, but they really have little choice if they want to be professional musicians at this point.

    3. Re:Was Robbie forced to sign the contract? by David+Hume · · Score: 1

      Just to put the deal in perspective:

      In October EMI Recorded Music signed a deal with Brit singer Robbie Williams that gives the label a cut of the pop star's merchandise, publishing, touring revenue and sponsorship. Williams, unknown here but huge everywhere else, is a former boy-band star who has sold 26 million records since 1995 and regularly sells out concert crowds. His current European tour includes three nights at England's cavernous Knebworth Stadium, where he will cavort in front of 150,000 people each night. Hence EMI's willingness to pay him an estimated $20 million for a 25% stake for his nonmusic revenue, in addition to hefty per-album advances.


      (emhapasis added) Source:
      http://www.forbes.com/free_forbes/2003/07 07/078.ht ml

      Hmmmmm... "$20 million for a 25% stake for his nonmusic revenue, in addition to hefty per-album advances." I'm not sure EMI is taking advantage of him. :)

    4. Re:Was Robbie forced to sign the contract? by mikeophile · · Score: 1
      You're right, the problem is the struggling artists.

      A combination of spinelessness and cluelessness on their part is what has allowed the record companies to walk all over them.

    5. Re:Was Robbie forced to sign the contract? by RyanFenton · · Score: 1


      Regardless of how well this artist was paid, the nasty part of record companies going for tour/merchandising is that now they have precident to demand it up front, as just part of any contract. This just about closes the noose on artists' ability to have a musical life outside of the record company. And where the record companies play the part of marketer promoter this time around, next time, they may be playing the part of manager. And once again, just try being a career musician without signing the contract...

      Ryan Fenton

    6. Re:Was Robbie forced to sign the contract? by shaitand · · Score: 1

      In this case they are mostly robbing the managers of thier job. But you know that $20million is a loan... and he better hang onto it since all the expenses the record company incur "promoting" him comes out of his cut.

  14. This is what we've been suggesting they do. by Valar · · Score: 3, Informative

    This is what many slashdot users have been suggesting they do, so I don't understand the negative attitude all of the sudden. Remember the "they're going to have to change their business model" speech everyone was giving a couple of years ago? This is that change. Mind you, in typical record label fashion, they aren't going to mark down CDs any or ease off of the filetrading litigation, because that would still cost them *something*. That is the part everyone should criticize, that there is no quid pro quoa (spl?). Sure, they don't have to give their customers something in exchange no the markup on ticket prices we will no doubt see, but it might hurt them in the long run if they don't...

  15. Oh, great. by Patik · · Score: 4, Funny
    Now how am I supposed to actually support an artist I like? Just mail them a check?

    1. Re:Oh, great. by whig · · Score: 3, Insightful

      This is not such a bad idea.

      More artists should put up a website with a button that lets people contribute to them by the method of their choice, using PayPal (ugh) or whatever.

      Even if it's just a buck or two, think of it like a tip jar. You want your favorite artists to be supported, so support them.

      --
      Peace and love, y'all
    2. Re:Oh, great. by Sloppy · · Score: 1

      Or you could mail them a business proposal, explaining to them that they can market and distribute their work using this new-fangled invention called "The Internet", get up-front money (if it's really necessary -- try to talk 'em out of it) from a "Bank". If they don't want to deal with all those details (here's your pitch), Patik will do it for them, for a far smaller piece of the action than a traditional record label would.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    3. Re:Oh, great. by whatch+durrin · · Score: 1
      I proposed just that in this Slashdot post. I really think that someone with the time and skills to do what I suggest could change the entire system.

      Someone replying to my post suggested using this site, but it doesn't appear to support "major label" acts (from what I can tell).

      --
      ***
      Radio Shack. You've got questions...we've got blank stares(TM).
  16. Total music revenue almost unchanged... by ponxx · · Score: 4, Informative

    I found this interesting from the article:

    > While music sales have dropped for three years in a row, from $13 billion to $11.5 billion in
    >2002, hurt by Napster-style digital piracy and a lackluster flow of hot new acts, the tour
    >business has climbed for four years straight, from $1.3 billion in 1998 to $2.1 billion last year

    So in total, money spent on music has gone down from 14.3 to 13.6 billion. A small change in a time of economic uncertainty. I imagine people will always spend a similar amount of money for entertainment, just the patterns of expenditure change. Ripping an MP3 off the net will never compare to a live performance.

    Similarly, movie studios don't have to worry. Seeing a decent movie on DivX makes me want to go to the cinema for the proper experience. LOTR, Matrix, ... just have to be seen on a big screen.

    Anyway, the studios should make money where the consumer wants to spend it, and stop whinging when their lack of innovation stops them from earning.

    Ponxx

    1. Re:Total music revenue almost unchanged... by garcia · · Score: 1

      how about the fact that artists are charging a shitton to see their shows? Tickets for DMB here are $51+. While I agree he tours a lot and is somewhat talented (I preferred his old stuff) I don't think that he's worth $51.

      In 1999 I saw him in Cincinnati for $27.50 who the hell decided that he was worth $25 more?

    2. Re:Total music revenue almost unchanged... by geekee · · Score: 1

      "Anyway, the studios should make money where the consumer wants to spend it, and stop whinging when their lack of innovation stops them from earning."

      From the article, clearly people have shifted spending money from buying cds to buying concert tix, as you say. So therefore, the economy isn't the reason cd sales are down. Given that music is no worse or better than before, decline in cd sales is looking more like a result of Kazaa, etc and cd burners. Justifying this by saying I don't have a legal alterntive is BS. You have no right to demand that someone provide you with a product under your conditions, and then steal it when they refuse. Your comment shows a a disturbing lack of respect for a basic freedom.

      --
      Vote for Pedro
    3. Re:Total music revenue almost unchanged... by ponxx · · Score: 1

      > Given that music is no worse or better than before, decline in cd
      > sales is looking more like a result of Kazaa, etc and cd burners.

      so is the increase in concert attendence also a result of Kazaa and CD burners? Your argument makes no sense. I'm saying people spend a pretty invariant amount of money on entertainment, but that patterns shift.

      What I mean is that at a time where canned music is ubiquitous, when the really popular songs are played on the radio every half hour, people don't go and buy a CD as much as before, but want something special.

      I don't have the time to sit down and listen to a CD (nor an MP3 playlist as for that) and can't remember the last time I did. But I listen to stuff on the radion in the car/ at work/ ... and for a treat I'm a lot more likely to spend 30 dollars on a concert than on two CDs... just like i'm more likely to go to the cinema than buy or rent a dvd.

      > Your comment shows a a disturbing lack of respect for a basic freedom.

      which basic freedom will this be? The freedom to spend money on things i enjoy maybe?

      Ponxx

    4. Re:Total music revenue almost unchanged... by ponxx · · Score: 1

      > who the hell decided that he was worth $25 more?

      Everyone who went to the concert obviously did :).

      Unlike "canned music" a "live performance" is a scarce resource, seats are actually limited, so a market can exist. They raise the price until they can't fill the venue...

      Ponxx

  17. Turn this around by rossz · · Score: 2, Interesting

    Anything they can pass of as "promotions" is charged to the artists' potentional royalty payments. Oddly enough, this usually eats up ALL royalties due.

    The artists should start counting every single expense of a tour as promoting the album and demand credit for it.

    --
    -- Will program for bandwidth
  18. Isn't this the greedy musicians' fault? by raehl · · Score: 4, Interesting

    If you're willing to sign away your profits in the future for that fat advance now, the only one to blame is you. On the other hand, maybe the only way to get anyone to listen to your crappy music is to get a major label to spend millions promoting it, in which case giving a percentage of the tour revenues you wouldn't be making without selling your soul to the record company is a good deal anyway.

    Remember, we don't have Britteny Spears because she is a musician. We have Brittany Spears because a record company invested millions of dollars in creating her. It's only fair that they get a cut of the tour revenues she never would have had at all without their promotion.

    In modern society, there is no reason to make a deal with the devil for fame and fortune - just call up EMI.

    1. Re:Isn't this the greedy musicians' fault? by davidc · · Score: 1

      We have Brittany Spears because a record company invested millions of dollars in creating her

      Ha! I knew it. I always suspected she was a clone :-)

    2. Re:Isn't this the greedy musicians' fault? by edverb · · Score: 1

      Brittney may not be a musician per se, but she is the inspiration for an awful lot of flute solos.

      --
      Vonnegut: "What is the purpose of life? To be the eyes, ears, and conscience of the Creator of the Universe, you fool."
    3. Re:Isn't this the greedy musicians' fault? by tmark · · Score: 1

      We have Brittany Spears because a record company invested millions of dollars in creating her

      No, we have Britney Spears because people make it worthwhile for the record companies to invest lots of money creating her. If people don't want it, people won't buy it, no matter how much money is spent.

    4. Re:Isn't this the greedy musicians' fault? by UnknowingFool · · Score: 1
      On the other hand, maybe the only way to get anyone to listen to your crappy music is to get a major label to spend millions promoting it, in which case giving a percentage of the tour revenues you wouldn't be making without selling your soul to the record company is a good deal anyway.

      Record companies may spend millions of money promoting but they don't promote the artist, they promote the album. That's their logic for giving the artist so little of the cut.

      If they promote the tour, yes, they should get a piece of the pie, but smart artists usually work in conjunction with concert promoters and sponsors for tours. They don't really need the record companies for this. Robbie Williams needs a great deal of publicity help in the US, and he has chosen the record companies to help him. That's fine for him. I just hope the record company didn't take advantage of him.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    5. Re:Isn't this the greedy musicians' fault? by shaitand · · Score: 1

      There are individuals with intelligence out there. But PEOPLE are fucking cattle and you know it, they go whereever they are hearded.

    6. Re:Isn't this the greedy musicians' fault? by shaitand · · Score: 1

      CD sales are the record companies cut of the pie... the artist essentially gets nothing from the cd sales.

      Thats the deal, record company gets the cd's, artist gets the tour money which doesn't even begin to compare with the cd sales revenue. Your local music store gets a much bigger cut of the cd sale action than the artist.

  19. And Why Not? by dbretton · · Score: 2, Interesting

    These days, with very few exceptions, the biggest stars are all manufactured by the record labels anyway. The labels engineered many of these pop , or perhaps 'puppet', sensations that so many people go 'ga-ga' over.

    Perhaps the better question is: why have some of these engineered musical groups earned so much, when their popularity and following is almost entirely due to the label's efforts?

    "But, why me?"
    "Because you fit the suit."
    -The Brady Bunch, "Johnny Bravo"

  20. What terms? by samjam · · Score: 5, Insightful

    If the artists have accountants as good as the record labels they can surely manage to make a "loss" on all the tours after charging "consultancy" and "music services" etc, and having their own highly paid company of roadies, etc.

    Give the record labels a taste of their own accounting!

    1. Re:What terms? by beta21 · · Score: 4, Interesting

      As much as I'd love to belive that I don;t think that will happen.

      Stan Lee made this mistake for Spider man, most ppl know to ask for a percentage of the revenue flow not profits.

      But it would be soooo nice to see record companies blunder

    2. Re:What terms? by Gherald · · Score: 3, Funny

      How about we just count the entire music industry a "loss"? Would everyone please just STOP LISTENING TO MUSIC?

      This would solve all our problems. No RIAA, no lables, no artists, NO MUSIC!

      Then Slashdot would be free of all this "Evil RIAA" mumbo jumbo and we can get on to discussing IMPORTANT things, such as the up and comming, breathtaking new release of awk !

    3. Re:What terms? by Aadain2001 · · Score: 3, Insightful

      But then the RIAA will just blame the complete lack on music sales as overwhelming proof that the online piracy threat is real and that they should be allowed to hack into peoples' computers and blow them up if they feel like it. This would be a bad thing!

      --
      Space for rent, inquire within
    4. Re:What terms? by letxa2000 · · Score: 4, Insightful
      If the artists have accountants as good as the record labels they can surely manage to make a "loss" on all the tours after charging "consultancy" and "music services" etc, and having their own highly paid company of roadies, etc.

      Agreed. And if they can't manage that, well, at that point I hardly feel sorry for the artists. The artists currently get shafted by the RIAA and yet they put up with it, but it's mostly tradition. If I were an artist and the RIAA bow told me, "Hey, not only aren't you going to make any real money off of CDs, we want a piece of your tour money" I'd well and truly tell them to take a flying leap.

      I keep wondering when the artists themselves are going to leave the RIAA en masse. It's becoming completely clear that these heavy rockers that preach rebellion are too much sheep to actually follow their own advice.

    5. Re:What terms? by Angry+Pixie · · Score: 1

      If there were no music, Britney Spears and Christina Aguilera would just shake their thing to a mute television set and.... oh, I see.

    6. Re:What terms? by Melantha_Bacchae · · Score: 3, Insightful

      Music is a part of our culture. We shouldn't let the RIAA take that from us.

      Instead, we should take music away from the RIAA. The technology for production and promotion is here, today. Make music outside the RIAA, heck, outside any label if you want to. Buy music from indie artists and honest indie labels. Create a new music industry apart from the RIAA and its members, and watch them shrivel and blow away.

      It is the artists and the people that must be free.

      And the RIAA sharks with their decades of enslaving artists and gouging their customers is evil.

      Bells are ringing: Mothra, Mothra! Every heart is calling: Mothra, Mothra!
      Come on, Tok Wira, these sharks have gotta pay! New Kirk calling Mothra, we need you today!

    7. Re:What terms? by AdamD1 · · Score: 1

      I find it interesting that the RIAA continues the technique of gouging as much as possible from everybody. Entertainment Weekly has a great article in the most recent issue about how the movie industry is down financially over last year, and in itemizing the costs not one mention is ever made about online file swapping. Instead they focused on the obvious: movies are not apealing to people, ticket prices are high, and most major films are opening in more screens than ever. The music industry, which is suffering due to mostly the same obvious reasons, is instead focusing on file swapping as the only reason sales are down.

      With the movie industry, whether I agree with how they do things or not (DeCSS, etc.,) at least is willing to admit when other factors are at work. The recording industry: they just want as much money as possible regardless of how they get it. Simply ridiculous.

      ad

      --
      Because I can! [Brainrub.com]
  21. In a related step, record labels have begun to ... by burgburgburg · · Score: 1

    require that all newly signed artists "provide" at least one healthy kidney (preferably but not necessarily their own) for sale to cover initial expenses, fees, lawyers, etc. Liver sections and spleens are ususally needed for video production. Hair cuttings cover per diems.

  22. What a crock by FreeUser · · Score: 5, Insightful

    A lot of times, the label is putting a fair chunk of change into promoting the tour, booking the appropriate venues, and getting things done in general. I could see a decent tour costing the same as producing a CD, if not more when they go multinational.

    Um, no.

    The record label is putting a great deal of the Band's future earnings into promoting the band, mostly in promoting their CD sales, of which the band will receive $0.25-$0.50 per copy. Any promotion of the band, be it their CDs (the bulk of the promotion) or their tour is all charged to the band. In the end the recording companies, while taking the Lion's share of the CD profits (and now, soon, the touring profits as well), pays absolutely squat for promotion.

    Hopefully this new development will encourage more bands to avoid the clutches of the recording industry and market direct, or use non-traditional channels such as mp3.com once was to reach their audiences. With luck this final act of hubris will be enough to kill those parisites dead, something that would be very good for artists and fans alike.

    --
    The Future of Human Evolution: Autonomy
    1. Re:What a crock by Shadow99_1 · · Score: 1

      Um while I agree with your statemnts (for the most part) I must point out that mp3.com is now owned by a record label and not the independant music site of it's hayday...

      --
      we are all invisible unless we choose otherwise
    2. Re:What a crock by puppet10 · · Score: 1

      i wondered why it seemed kind of sucky the last time i went (i hadnt been to it for a while). figures

      --
      -------- This space intentionally left blank --------
    3. Re:What a crock by FreeUser · · Score: 1

      Um while I agree with your statemnts (for the most part) I must point out that mp3.com is now owned by a record label and not the independant music site of it's hayday...

      Very true, which was why I said "...non-traditional channels such as mp3.com once was..."

      --
      The Future of Human Evolution: Autonomy
  23. You know what they say... by evilviper · · Score: 1

    You make a deal with The Devil...

    I don't see this as wholly horrible. I mean, you aren't forced to sign that contract now are you? You can always do everything yourself, no contract required.

    --
    Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  24. Jay's Opinion: by dbretton · · Score: 2, Funny

    Fuck the La-bels
    Fuck, fuck fuck
    Fuck the La-bels

    for all you Jay & Silent Bob fans.

  25. ObZeroWing by red+floyd · · Score: 1


    RIAA: All your earning are belong to us!

    --
    The only reason we have the rights we have is that people just like us died to gain those rights. -- Cheerio Boy
  26. Independant by jonman_d · · Score: 3, Interesting

    People, the answer is simple! VOTE WITH YOUR DOLLAR! CD-Baby.com has a load of GOOD music, and not a dime of your money goes to the RIAA.

    This is the ONLY way that the RIAA will understand that we're not going to take their shit anymore.

  27. Labels been getting cuts for a long time... by JDRipper · · Score: 2, Informative

    This is not news. Labels have been digging their claws into concert revenue for years. When I was with the first Warped Tour, Sony was taking a 20% (if I remember accurately) cut from all Merch sales which dramatically reduced the artist's share since they didn't want to raise T-shirt prices for the fans. When you add a Bill Graham (west coast promoter) fee of 35% on top of this at the former Concord Pavilion, it was enough to cause all the performers (except Sublime) to pull all their merch from the booths for that show. Fans end up paying regardless.

    --
    "You know Myra, some people might think you're cute. But me, I think you're one very large baked potato."
  28. Now wha are we supposed to do? by Cyno01 · · Score: 1

    Before we were supposed to not buy CDs and support artist we like by going to their shows and buying their merch, but now the industry gets a cut of that too. Might as well just download the songs from p2p and send the band a check for $.30 cents or whatever they get per cd.

    --
    "Sic Semper Tyrannosaurus Rex."
  29. Good luck... by tunabomber · · Score: 1

    Even the major labels,unscrupulous as they are, will have their work cut out for them if they want to go up against the just-as-ruthless giants Ticketmaster and ClearChannel.

    --

    pi = 3.141592653589793helpimtrappedinauniversefactory71 ...
  30. Wrong, wrong, wrong by AlecC · · Score: 1

    Once upon a time, publishing was expensive and risky. Printing the manuscript of sheet music, or cutting the master for a record (old-style) and stamping a few thousand cost money. If they didn't sell, the entrepreneur who paid forthem lost money. So he was justified in taking a goodly slice when it came good.

    But publishing audio is now cheap and low risk. So it doesn't justify extortionate profits.

    But the artist had to work just as hard - or not - as s/he ever did. And deserves the rewards just as much as ever. So the rewards of touring should go back to the artist.

    Of course, some of the rewards of touring are not due solely to the artist. Mr Dibbler and friends will no doubt have paid a bit to printthe T-shirts, posters etc. and are entitled to some share of the cut. But it is by no means obvious that these are the same people who arrange the creation and shipping of CDs.

    Artists need to relaim their products from the publishers. Once upon a time, the publishers earned their retirn. No more. But it takes organisation - the first artist to try it will be dropped. But the big labels are no longer, in the ager of net publishing, contributing to the glory of music -and don't deserve the profits they got in the past.

    --
    Consciousness is an illusion caused by an excess of self consciousness.
  31. Standard practice by ajs · · Score: 4, Interesting

    I believe you'll find that this is the norm for all of the "manufactured bands" and "pop idols" that the industry created from scratch. Only the real artists get their own touring revenues, and the writing has been on the wall for them since the labels discovered that they could manufacture bands in just about any popular genre, not just bubblegum.

    Personally, I think it's a good thing.

    One of the reasons that artists are skeptical of online distribution of their music is the fact that it has the precise effect of making record lables think of those songs as valueless (which they are) and instead focus on tangible things that people will pay for (e.g. a concert with merchandise).

    Once artists and labels get used to this arrangement, though, there's no reason that the indy labels can't do the same, and then distributing the music cheap (or even for free) and making their money on the concerts too.

    A "label" in the Internet age should be... what? My feeling is that it should be a clearinghouse... a packager if you will that records/collects the band's or artist's music, sees to its quality of recording, adds lots of indexable info and then gets it to all of the online distributors (iStore, mp3.com, etc) that will "retail it". Heck, they could just run a Gnutella farm with a web-site full of reviews and other "value added" indexing, and a client-side plugin for downloading. Boom, instant high-bandwidth music distribution, and as long as the client has some basic incremental checksum system so that it can verify it's getting the exact file that you selected, you can be sure you're downloading what you wanted. That adds ad revenue to the label's list of sources.

    The margins on all of that are small to negative, but if they have an alternate source of income, then they can afford to do it, and there's really no reason that foobar label can't compete with EMI on equal footing.

    And you wondered why the RIAA was deathly afraid of file sharing... it's not because they thought their members would lose money, but because they KNEW that it had to lead to a decision about the value of music that they didn't want to have to make, and ultimately killing this goose once and for all!

  32. Greedheads by joshsnow · · Score: 2, Interesting

    Well, labels, who claim to promote and thus 'make' and artist, are simply greedy for more action.

    Regarding Williams (a "pop star" I have no time for) EMI are taking a cut of his tours, merchandising etc but they've paid him, or are contracted to pay him, several millions of pounds over the next few years. When the deal was announced, Williams said, "I'm rich beyond my wildest dreams!"

    He'd better not speak so quickly. Mariah Carey was rich too, until Sony dropped her.

    Interestingly, Williams takes the attitude that Filesharing is a Good Thing. He actively encourages his fans to download his music.

    An attitude shared by Snoop Dogg, Chuck D and Courtney Love. Shame Britney Spears doesn't know what time it is yet...

    1. Re:Greedheads by David+Hume · · Score: 2, Informative

      Regarding Williams (a "pop star" I have no time for) EMI are taking a cut of his tours, merchandising etc but they've paid him, or are contracted to pay him, several millions of pounds over the next few years. When the deal was announced, Williams said, "I'm rich beyond my wildest dreams!"

      He'd better not speak so quickly. Mariah Carey was rich too, until Sony dropped her.


      (emphasis added)

      Mariah Carey was paid $21 million when she signed with EMI... and another $28 million to walk away. I think that qualifies as "rich." I don't think she has to worry too much about money.

      Source: http://www.foxnews.com/story/0,2933,43736,00.html

    2. Re:Greedheads by joshsnow · · Score: 1

      Mariah Carey was paid $21 million when she signed with EMI... and another $28 million to walk away. I think that qualifies as "rich." I don't think she has to worry too much about money.
      Ah, but not as rich as she had been promised contractually. My point being that the record labels are the puppeteers and the artists are the puppets.
      But I think you knew that, anyway.

    3. Re:Greedheads by sessamoid · · Score: 1

      It's weird seeing his name in the news. A friend of mine is the personal chef for Robbie Williams in LA. According to my friend, he's not at all the typical druggie, hedonistic, pop star archetype. Mostly he spends time with his friends or messing around on his guitar. Some of the stuff he hears Robbie playing while cooking is supposedly actually pretty good, and my friend (almost as a rule) generally doesn't like pop music.

      --
      "No, no, no. Don't tug on that. You never know what it might be attached to."
  33. Hilary Rosen is quoed as saying by ad0gg · · Score: 4, Funny

    "Bitch betta have muh money" while wearing a big hat with a feather in it

    --

    Have you ever been to a turkish prison?

  34. as if artists made money on record sales anyway by son_of_asdf · · Score: 2, Insightful

    This is more foolishness from an industry already rife with fools. 99% of the marjor label artists out there already make nothing off of thier record sales to begin with-even artists that have sold half a million albums generally haven't seen a penny's woth of royalties, via a process called recoupment. Recoupment means that the artist has to make back the money out of thier own royalites that the record label puts up for startup costs, which is everything from the recording sessions, new instruments, new clothes, makeovers, tour support (which is often very little), and various other costs of production. When you consider that a very fortunate artist who has a good lawyer might make 8 cents on the dollar when a CD is sold, you can see that it takes a LOT of record sales for a band to recoup. Meanwhile, the record company is getting the other 92 cents for every dollar, and is still sticking the band with the tab for EVERYTHING, which has to be paid out of that measly 8% or less. Labels rarely provide more than nominal tour support, particularly to thier 2nd tier artists (read as anyone who hasn't gone platinum.) The artist is expected to cover most tour costs via ticket sales and mechandising. To come to the point, for the labels to go dipping thier fingers into the only viable revenue stream that most artists have is only taking the highway robbery that they are committing already and taking it to the next level. Not that we should expect any better, since the majors have behaved like scum for decades, and are not likely to change anytime soon. Just my .02 dollars worth

    --
    Don't Panic!
  35. Music without multinat'l corp. profit is THEFT! by rice_burners_suck · · Score: 1
    I have an idea. Pass a worldwide law that enslaves all musicians. They shall have no rights. They shall have no food. They shall be beaten and tortured on a regular basis.

    Of course, that's all being done behind the scenes. In public, they would be required to perform and make billions in revenue, all of which would, of course, go to the record labels. The musicians themselves would never see any profit of any kind from their work. But if it's not good, they'll be tortured. If it doesn't bring in a quota of a specified number of millions by a certain deadline, they would be tortured. If they don't perform to record label standards, they would be tortured.

    Of course, all music and/or any form of audible sound, now known or later developed, which is considered music by any record label, would be illegal unless the person composing and/or performing the sounds is a slave of a record label and working under their authorization. Punishable by a fine required to exceed one billion dollars and prison terms of at least 50 years per offense.

    This wouldn't even be a felony. They'd have to make up a legal term for a crime worse even than 1st degree murder, because that is what theft from a multinational corporation essentially boils down to, and if you dare to make a sound, listen to music, or even fart without the record labels making an enormous profit on you at your expense, than theft is what you have essentially done. Shame on you. You are unfair competition because your making an audible sound may undermine their ability to make the profits that to which they are rightfully entitled by virtue of being a multinational corporation in a position of power.

    For your convenience, laws like this will eventually be passed for other types of businesses, such as the food mass-production industry (growing and/or cooking your own food constitutes THEFT from the multinational food conglomerates).

  36. Don't like it? by autopr0n · · Score: 1

    Don't sign it. Obviously these big stars arn't going to sign over any more rights to the record companies that they don't think they need or whatever.

    But it would be too bad to see some young bands sign this without knowing what it means, though.

    --
    autopr0n is like, down and stuff.
  37. Grateful Dead by Black+Parrot · · Score: 5, Interesting


    There was just now a segment on ABC World News about The [Grateful] Dead's new model for making money off music. They record their shows every night, take orders from fans at the show, have their audio man master it, ship it off for duplication on CDs, and have it in the mail to the fan within about three days.

    Instead of the $1/album typically made by signed bands they make $8-$10 on the three-CD set that sells for $22. They've turned a quarter of a million dollars on the CDs from their performances at Red Rocks over the past couple of weeks.

    Not mentioned at the link, but Peter Jennings added that the music companies don't like being cut out of the loop like that.

    --
    Sheesh, evil *and* a jerk. -- Jade
    1. Re:Grateful Dead by BluedemonX · · Score: 1

      Since when do smelly unemployed hippies have that kind of money?

      --

      --- Jump!! Fire!! Bullet time!! - Lego version of the Matrix
    2. Re:Grateful Dead by sllim · · Score: 2, Interesting

      About 'effin' time.
      When I first got a taste of MP3's I said to myself, 'You know, there is some real money in recording a live performance and then offering it for sale almost immediatly at the close of the show.'.

      It is this kind of thinking (and potential revenue) that the RIAA is missing out on with there constant whinning about piracy.

      Artsits today really only have one source of revenue, live performances. The Dead are not my cup of tea, however I have always admired there attitude towards recordings and concerts. I wish someone I liked would get a clue.

      I say that ALL LIVE PERFORMANCES should be recorded.
      High Quality MP3's should be sold onsite (that is right, non-DRM MP3's) immediatly following the show.
      Some people will buy, most will trade.

      If you price it correctly (to be certain to cover bandwith and such) then regardless of how many or few sales you make you can be gaurenteed to profit on this model.
      You can even complicate it a little and not hurt it too much, say offer lossless DRM protected software and MP3 (don't insult the user, keep it at 192k) for sale. There are people (especially people that attended that show) that will pay for the higher quality lossless recording.

      This will make the fans happy. We will feel appreciated. Right now we feel stepped on.
      It will also foster excitement for our chosen bands. Many, many people would make it there goal to collect as many concerts as possible.
      And you just simply cannot beat this as a form of promotion for upcoming shows.

      Not to mention upcoming albums. Throw in a new tune every now and then....

    3. Re:Grateful Dead by antiMStroll · · Score: 1
      ....Peter Jennings added that the music companies don't like being cut out of the loop like that.

      Isn't "piece of the action" the correct terminology for their kind of work?

    4. Re:Grateful Dead by August_zero · · Score: 1

      And with that one line the whole problem is laid bare.

      --
      On Wall Street they say "buy low, sell high" On the pad we say, "buy high, sell high" Isn't that somehow better?
    5. Re:Grateful Dead by jejones · · Score: 1

      Some bands cannot survive outside a studio because members need audio sweetening, dubbed-over voice tracks and other tricks to sound presentable.

      Or, more bluntly, the musically incompetent can't pull it off because it requires actual performance. Somehow I can't muster much sympathy.

      (That said, some respectable musicians do make music in ways that are hard to pull off live. They won't be able to do this.)

    6. Re:Grateful Dead by Zebbers · · Score: 2, Interesting

      and even then i bet the dead still allow fantapes too?

  38. sweet by August_zero · · Score: 2, Funny

    This is great news. Snot nosed little musicians owe all of their success to the selfless sacrifices made by the RIAA. All rock stars do is get drug habits, destroy hotel rooms, and go on "Behind the Music" after their careers are finished.

    Seriously though, wtf? i could sort of understand in the same way that I understand that evil mad scientists want to destroy the world sort of way, if there was any actual money in the process.

    All this is going to do is lead to pirated concerts. Bands will be kidnapped and forced to perform for free by angry fans.

    --
    On Wall Street they say "buy low, sell high" On the pad we say, "buy high, sell high" Isn't that somehow better?
    1. Re:sweet by happyhippy · · Score: 1

      I can see them trying to blame poor tour sales of a shitty band on piracy.

  39. Why sign to a label? by nerdup · · Score: 3, Insightful
    The most revealing part of the article to me was this:
    EMI officials say they are pursuing similar deals with other musicians, both superstars and new acts.
    Maybe Celine Dion can afford to have part of her touring revnue taken away, but what about smaller acts who likely walk onto the stage already owing the record company hundreds of thousands of dollars? So now the record companies want to start shaving money off the only place the musicians earn a living? Seriously, how will anyone be able to afford to be a musician?
  40. Got me by Teahouse · · Score: 1

    Nice job, I swallowed this hook, line, and sinker for about 3 minutes. I was getting pissed because I have been waiting for him to finish that damned Dark Tower series for the last 20 years! It's about the only good thing he has ever penned.

    --
    "Curiosity killed the cat, but for a while I was a suspect."- Steven Wright
  41. They own your DNA and any derivative works. by Population · · Score: 1

    Holy Santa Cruz, Batman!

  42. Phish by wuchang · · Score: 1

    This means more acts will opt to follow the model Phish used to become popular. They created a following not from a successful studio album, but by years of playing venues and building grassroot support. Imagine talented acts chosen by the people instead of the crap being driven down our throats today.

  43. No it isn't by daveo0331 · · Score: 2, Insightful

    The goal of a corporation is to make as much money as possible for the shareholders. If the record labels think they can make more money by going after the touring revenues, they'll do it, regardless of what is happening on the CD side of the business.

    This would be like saying Major League Baseball is charging more for TV rights because ticket sales are down. Believe me, if MLB thinks they can milk more money out of the TV networks, they'll do it no matter how many people go to the games.

    --
    Remember the days when Republicans were the party of fiscal responsibility?
  44. This is good by 0000+0111 · · Score: 1

    Most musicians have poor business sense, that's not how they see their profession. They think they are musicians, and they are correct in thinking this way. As it is, because of that attitude, they gravitate towards thinking only in terms of their only proprietary source of income -touring. In effect this natural shift in focus is away from the complexities of "the contract" and towards what they control. This is completely understandable and works well in practice. I just talked to a great friend of mine yesterday and he just got off a four show tour and wound up pulling in close to ten grand for the band. That's excellent cash for them but it's also interesting to note that they were just recently dropped from their label. Huh? That's right, bands don't need labels to make money, they need labels for large scale promotion and distribution. Bands can and do make good money while touring but unfortunately touring can also be very expensive at times and that's one of the areas where the label comes in to help. Anyway, I could go on for a long time about what's really up with all this crap and what certain labels do and don't do, but I'll get back to the point. Record labels wanting a piece of the road action is good. It's good because they're going to get into a heap of shit if they do. The reason I say that is because it won't give the musicians anywhere else to run (the road revenues) and then they'll be forced into understanding more clearly what they need to learn on the business side of things. This, I think, will ultimately be good for both sides. Well, maybe... There's also the issue of that advance. Cutting into the road revenues could also drive musicians into being nothing more than contractors which is already a pretty close call. Gosh, there's so much to this but it looks like we're about to find out.

  45. What I find really sad is by SiliconJesus101 · · Score: 1
    This is yet another profession where you kinda' know what you are getting into before you sign the contract. I'm sure the bands agents are aware of the contract terms and they themselves want the artist to make more as their profit depends on it as well. I could absolutely promise you that given the choice of playing in some shady dump of a bar, or signing with a label knowing that the record company makes millions to your thousands but getting the fame and endless parties with groupies and 1st class red carpet treatment wherever they go, that any band would choose to sign on the dotted line....press hard.....three copies. I'm fairly certain that the larger acts aren't exactly waiting in the bread lines and that the smaller acts are still getting their 15 minutes as well as my 15 minutes too.

    Not to sound like a total conservative republican bastard....but hell....they know the rules of the game up front. Can we please stop crying for these musicians that get to live the life that most of us only dream of. Kinda' reminds me of teachers. They go into the profession with the full understanding that the pay sucks...but it doesn't seem to matter to them at first because they want to "make a difference". Several years later...all they do is bitch about the money!! Hell, you knew this up front when you accepted the job.

    I'll probably get modded as a troll...but what the hell. If you don't like the system....don't sign on to it. If you can't make it without the system....find a different profession.

    --

    "The strong will do what they want, the weak will do what they must."
    -Thucydides

    1. Re:What I find really sad is by son_of_asdf · · Score: 1

      1st class red carpet treatment? Are you kidding? Try dingy hockey rink dressing rooms that smell like jockstraps, a deli tray from Kroger as the catering every night and having to sleep more often than not in a mildewy bunk in the back of your bus or Motel 6 on a good night. Groupies and the endless party......well, that isin't so bad, but it ain't quite what you see on Behind The Music.

      --
      Don't Panic!
    2. Re:What I find really sad is by Melibeus · · Score: 1

      So according to your reasoning, given that we all know what the conditions of whatever job we may choose(if we indeed have the luxury of a choice), we should not take action to change the situation as we find it. Just because I like my job and do it for reasons other than the money does not mean that I cannot be justified in saying "Hey this job is worth more that what I am paid!".

      And yes, you do sound like a conservative republican.

    3. Re:What I find really sad is by SiliconJesus101 · · Score: 1
      Actually what I am trying to say is that you should in fact do everything in your means to change the situation to your liking. After all...if you quit someone else would be more than happy to take your job. I know it may sound like a bad attitude to you but the fact remains the same. This is the job....if you don't like the job either don't take it or don't bitch when you get EXACTLY what you signed up for.

      If the artists all felt a great need to change the situation....maybe they should all refuse to sign on with the big labels. If there are no artists willing to sign then maybe we (the consumer) will be forced to buy from the independant labels and the radio stations will have no content unless they follow suit....................

      Or......maybe some other marketing department assembled talentless boy band would be more than happy to sign up for fame and a steady supply of fresh young groupies while regurgitating lyrics they did not write over the top of music that was generated by what amounts to a modern day Amiga mod tracker program teamed up with a sampler and a Casio keyboard drum track.

      You socialists....err....I meant Democrats whine about being poor but aren't willing to do anything about it. You expect either a handout or to ride on the backs of people that unlike you ARE in fact motivated to get their ass in gear and make money. Yes....I do check that nice under 35K salary box...but ya' know what, the only thing seperating me from making millions is my own laziness and lack of motivation. Maybe these artists should have enough motivation to start their own labels and quit whining about the absolutely horrendous sweatshop conditions they are forced to work and live in. Cry me a friggin' river!!

      --

      "The strong will do what they want, the weak will do what they must."
      -Thucydides

  46. CD sales decline NOTdue to economy by geekee · · Score: 2, Interesting

    "The concert business has never been bigger, in dissonant contrast to the recorded-music business. While music sales have dropped for three years in a row, from $13 billion to $11.5 billion in 2002, hurt by Napster-style digital piracy and a lackluster flow of hot new acts, the tour business has climbed for four years straight, from $1.3 billion in 1998 to $2.1 billion last year."

    So, if cd sales are dropping because of the bad economy, as /.ers claim, and not because of Kazaa, etc., then why have concert revenues been increasing over the last few years? The answer, cd sales are not down because of the bad economy, because then we'd see at least some correlation between concert sales and cd sales trends.

    --
    Vote for Pedro
    1. Re:CD sales decline NOTdue to economy by ThurstonMoore · · Score: 1

      Another reason for cd sales dropping is the poor quality of the music being pumped out by major record labels.

    2. Re:CD sales decline NOTdue to economy by geekee · · Score: 1

      Oh God. Not another "music isn't as good today as when I was growing up" comment. Give me a break. There are plenty of good and crappy bands getting airplay today, just like a decade ago.

      --
      Vote for Pedro
  47. Correction by beaverfever · · Score: 2, Informative

    As many a Slashdotter has pointed out, musicians make their money not from selling records but from going on tour.

    Correction: As many a misinformed, incorrect Slashdotter etc., etc...

    Writing royalties are where artists make the big bucks.

    The idea that concerts and touring are the big money-makers is quoted fairly frequently, although it is the fantasy/excuse created and embraced by those who want, want WANT to believe that downloading free music has no ill effect on artists or performers.

    Yes, this is a bit of a digression, but let's keep the facts straight.

  48. Re: Jay's Opinion by Uncle+Dick · · Score: 1

    Don't tell me you Forgot About Dre... and the rest of NWA who originally created the song.

    --
    END OF LINE
  49. Exactly why by CausticWindow · · Score: 1

    is this so outrageous?

    I don't get it all. Somebody signed a stupid contract, so what? And who cares about "artists" anyway?

    If it were musicians then maybe I could share you outrage.

    --
    How small a thought it takes to fill a whole life
  50. First TicketBastard, now the record co's. by chmilar · · Score: 1

    Let's see, TicketBastard (TM) is already adding their 100% service charge (sorry, "convenience fee") onto ticket prices. Mebbe the record companies can double the ticket prices once more!

    --
    Reading Slashdot is ruining my spelling and grammar.
  51. alternative revenue source! by jtedley · · Score: 1

    since online music distribution became a reality, we slashdotters have been saying that the labels are dinosaurs and need to come up with a new business model. that using hinky laws to try and fix a technological "problem" is wrong, and they should come up with something new. well, here it is. we just may have what we wished for. OTOH, as long as wannabe pop stars are as common as stray dogs and cats, they will get paid what dogs and cats cost at the pound -- free if you give 'em their shots.

  52. Yegads, HIM?! by usotsuki · · Score: 1

    I can't believe HE of all people (wasn't he the guy who did that video where that one guy tore off his skin and threw his muscles out to the crowd?) would sell out to EMI == Capitol. :E Oh well, one more company (EMI/Capitol) to boycott...

    -uso.

    --
    Dreams, dreams, don't doubt dreams, dreaming children's dreaming dreams. Sailor Moon SS
  53. Ipso Facto by Speare · · Score: 2, Insightful
    A lot of times, the artist is putting a fair chunk of creativity into producing the disc, selecting the appropriate instrumentation, and getting things done in general. I could see a decent disc requiring the same creative effort as performing on stage, if not more when they go multinational.

    I don't think it's wholly inappropriate. I know we're paying more for concerts than we probably should, but the one has nothing to do with the other.

    (Artists work their ass off to create new music, and get left only a few scraps on the initial sales. They don't retain copyrights, they don't get paid a substantial royalty, they don't see direct income from other artists who sample, they don't see direct income when Muzak destroys their rockin' ballad. The artist says goodbye to the wife for a few months of hauling their equipment from Fuckbum Indiana to Bumfuck Illinois to do a gig at Beerapalooza, which is a promotion in and of itself to entice the fans into donating to BorgUniversalSonyWarnerBMI. I think the artist and crew should get all the cash the ticket sales raise.)

    --
    [ .sig file not found ]
    1. Re:Ipso Facto by whatch+durrin · · Score: 1
      Depending on where Fuckburn and Bumfuck are in the states of Indiana and Illinois, respectively, the tour shouldn't be all that difficult.

      Indiana and Illinois do share a border.

      /smartass

      --
      ***
      Radio Shack. You've got questions...we've got blank stares(TM).
  54. Just the beginning... by Alizarin+Erythrosin · · Score: 4, Insightful

    Soon labels won't sign an artist until they are guarenteed a cut of the tour proceeds, merchandice, etc... stuff that the artists usually took home all the profits on. I guess they figured out that they can't make all that much money by suing college students.

    --
    There are only 10 kinds of people in this world... those who understand binary and those who don't
  55. I'm just amazed... by meme_police · · Score: 1

    ...that the large record labels still exist in this day and age. They spend too much of their profits promoting existing crap, and not enough on searching for and promoting new talent. So now they are digging into performers' tour proceeds to make up for their reduced profits due to their poor strategy.

    --

    The meme police, They live inside of my head

  56. How Unfair by ocie · · Score: 2, Funny

    That money rightfully belongs to TicketMaster.

    --
    JET Program: see Japan, meet intere
  57. Evolution by w3svc_animal · · Score: 1
    Looks to be a dying gasp...

    The RIAA lobby seems to hold an unorthodox amount of power in the US.
    They recognize the evolution [of the industry] and are scrambling to save what's left of an otherwise outdated business model.

    --

    Error encountered in IAWebSig.clsSig.Create: Last Procedure: sPrc_Ins_tblSig

  58. Another Nail in their coffin by nurb432 · · Score: 2, Informative

    At some point they are going to piss off all the consumers, who will stop buying anything.

    They will also piss off all the musicians who will no longer join the *AA in the first place.

    This is just one more step towards that 'apparent' goal.

    --
    ---- Booth was a patriot ----
    1. Re:Another Nail in their coffin by mrpuffypants · · Score: 1

      I believe that a more appropriate title in the *AA's case would be the "Final Solution"

  59. Its a bad example by Anonymous Coward · · Score: 1, Interesting

    Think about it, Robbie Williams is raking in the cash here on everything to touring, merchandising etc. I can understand the record company wanting a chunk of the merchandising revenue particularly because I believe they basically "own" the Robbie Williams trademark - However this is not an example of companies wanting tour revenue.

    Lots of slashdotters here, the ones who don't know what they are talking about and clearly have never strayed past POPular music think this is fine, because they see Eminem and Dr Dre ($50 Million US this year!) and guys/girls like this living it up. What they don't understand is that the bands that have popular followings but are not on MTV perpetually through the day are the ones that are going to cop the worst part of this. Most of these types of bands have far better music aswell.. Irony eh.

    In summary I don't know that this article is really suggesting the right thing, Robbie Williams is probably an exceptional case here. It really would be the finally kick in the teeth if they did this to starving artists.

  60. Another apropos song: by Isaac-Lew · · Score: 1

    Labels by the Genius - anti-record company rant that manages to name just about every major label in existence at the time (early 90s I think).

  61. Pearl Jam by ThurstonMoore · · Score: 1

    I just saw Pearl Jam last week in Wash. DC. Each concert is being released on CD, while this is a good way to remember the show (especially after all that beer @ $6 a cup), I wonder how much the record company had to do with this idea. I really hope all the extra money PJ is making is going to good causes.

    1. Re:Pearl Jam by frenchs · · Score: 1
      Each concert is being released as a double CD. For shipping, and the price of the CD, my order came to about 19 bucks.

      I know Pearl Jam is a band which is socially concious and tends to reach out on numerous occasions, but I see no problem with them keeping the extra money that this generates. The band keeps ticket prices low, which is admirable.

      So for the fans that choose to add this cost to their concert-experience, just think of it as bringing the cost of the show more in-line with most of the other acts out there, and getting a free CD along with your concert.

      I doubt that the record company has much to do with it for a few reasons.

      1) In interviews, band members said they got the idea, and then Epic (Sony) wanted a piece of the action, to which the band agreed. And this is the reason you saw them in stores for the 2000 tour.

      2) This time around, Epic didn't want in on the action, so the CD's are still being produced for the 2003 tour and are being sold on-line only, most likely with the band footing the overhead costs.

      The first concert CD series was done by recording the shows, then mastering them on the road and then releasing them after the tour was over. The current CD series is done on-the-fly, with the concert-goer able to have the CD in their hands within 2 weeks of the show date.

      For more info on the current approach to on-the-fly distribution, take a look at: Pearl Jam Recording Setup. You even get crappy 64kbps MP3's the day after the show if you can't wait for your CD in the mail!
  62. Once again, Metallica are the trailblazers by leviramsey · · Score: 5, Informative

    Ten years ago, Metallica's original contract with Elektra (signed in 1984), expired and there was a lot of competition from every label in the business to sign them to a new contract (after all, their untitled 1991 album was well on its way to being one of the bestselling albums of all time, and its predecessors were storming off store shelves). Metallica and Elektra reached an agreement that basically made Metallica completely independent of the RIAA. The arrangement that was reached was the creation of a corporation E/M Ventures, with the four members of the band, their management (Q Prime), Elektra being the sole shareholders (IIRC, the breakdown was something like 22% Lars Ulrich, 22% James Hetfield, 16% Kirk Hammett, 10% Jason Newsted, 15% Q Prime, and 15% Elektra). Elektra transferred the copyrights on all the catalog recordings (1983-1991) to E/M as their investment, along with a record deal that would pay E/M Ventures royalties equal to 50% of the wholesale price (in other words about $4 to %5 per album, or $7 to $8 per double album), with no deductions for anything (all record production and promotion expenses would be handled by E/M). This deal only expires when a simple majority of the voting shares decides to terminate it and buy back Elektra's share.

    Elektra basically makes little to no money (apart from their share of E/M's profits) on the sale of a Metallica CD... all costs related to manufacturing and distribution are eaten by them. However, they're making this money with little risk; Metallica can put out basically anything and it will go platinum, simply on the strength of a rabid fan-base (much like Rush's, but probably at least twice the size).

    E/M owns all aspects of Metallica's business interests. The tours are done by E/M (or subsidiaries thereof). The merchandising revenues are to E/M. Thus, Elektra gets a cut of all those revenue streams, which are actually even bigger than the recording streams. Elektra also gets a cut of international record sales by Vivendi and Sony. Metallica gets out of this what effectively amounts to total independence from the system. Even if Elektra doesn't want to release something, they're obligated to manufacture and distribute it, otherwise they forfeit their share (for no compensation, through breach of contract).

  63. Artists vs Labels? WRONG, Labels vs Clear Channel! by DMaster0 · · Score: 5, Interesting

    The artists already give a cut to someone, and it's called the promoter. Currently, the big boy in the business is Clear Channel. http://cc.com/

    Currently, the way it works is that you have to schedule tours through Clear Channel for the most part. There are some local organizations who will properly get promotion and venue arrangements in place, but even then they have to usually give a cut to Clear Channel for the rights to promote someone. Anyone who's worked in a campus concert promtion board knows that you mostly have to pay off Clear Channel before an artist will schedule a date on their tour in your city. For big artists Clear Channel may get $100k up front, smaller ones maybe as little as a few thousand, but they get paid before a single ticket is sold. The venue then takes their cut of the gate, extracts the costs from the leftover and then gives the rest to the artist, and in some cases a cut of that goes to Clear Channel again, depending on how it was negotiated. Merchandise is usually only split with the venue, but it wouldn't surprise me to see some of it go to Clear Channel also.

    There used to be a rate card published for clear channel's upfront fees for an artist, but I can't find it anymore and it may not have been a public site. It is very interesting to see how much it would cost a venue promoter to book an artist, as some of them make quite a lot of money just for showing up.

    If anything, I'd see Clear Channel getting pissed before the artists, because at the very least this would give artists an option of who to let them promote their tour in the future. Clear Channel or their record label directly, either way the artist is going to drop at least %20 of whatever the gate is, so you can deal with the devil you know, or....

  64. Ask any Slashdotter... by ktakki · · Score: 5, Insightful
    As many a Slashdotter has pointed out, musicians make their money not from selling records but from going on tour.

    Just because "many a Slashdotter" has pointed something out doesn't make that statement true.

    Most musicians make more from CDs that sell enough to get past the break-even point (i.e., after the label has recouped its expenses) than they do from touring. (Note: I said "most" so put your Phish back in your trousers please.)

    Touring expenses are enormous. Living in hotels 200 days out of the year? Not cheap, and you still have morgage/rent payments to make on your primary residence. The venue owners take a massive cut of the gate, and a large part of that goes to their expenses (insurance, union labor, security, etc.).

    Touring for the large majority of acts is a break-even proposition at best. The exceptions are the Grateful Dead-like acts that can count on people who are willing to see a dozen of their shows every year and those "top-tier" arena acts (U2, Springsteen, Stones, et. al.) who can charge between $75 and $300 for a single seat. And those dinosaurs still make more from a CD (since they have name recognition and the label's not afraid of spending $1M to promote a low-risk release).

    For the rest of the acts on tour, live shows are a means of promoting an album, thus a modest loss is an acceptable cost of doing business. No CD, no tour, unless they can take advantage of the economy of scale afforded by a multi-act tour (like Lollapalooza).

    Touring is an extremely inefficient way of reaching listeners. Four to six weeks in the studio can produce a recording that millions will buy (and millions more will hear on the radio). To reach a million concert-goers, a band would have to play 50 nights of sold-out hockey rinks (20,000 seats), which with travel time and days off approaches three months on the road.

    As for revenue streams, retail sales aren't the only source of income from a recording. There are royalties from airplay (heard any live cuts on the radio lately?), and from soundtrack and commercial uses. I wonder if you asked "any Slashdotter" what a transcription royalty was or the origin of mechanical royalties whether you'd get a correct (or even coherent) answer.

    Finally, here's a quite from Robbie Robertson, late of the band The Band about touring:
    The road has taken a lot of the great ones...it's a goddamned impossible way of life.

    Of course, I don't see what goes on here making a damn bit of difference with respect to the Byzantine construct known as the music industry. Any Slashdotter could tell you that much.

    k.
    --
    "In spite of everything, I still believe that people are really good at heart." - Anne Frank
    1. Re:Ask any Slashdotter... by Anonymous Coward · · Score: 1, Informative

      "Just because "many a Slashdotter" has pointed something out doesn't make that statement true."

      Or, to put it differently "People who think they know everything really annoy those of us who do know everything".

      "Most musicians make more from CDs that sell enough to get past the break-even point (i.e., after the label has recouped its expenses) than they do from touring."

      What do you base that on? Certainly not RIAA sales statistics. I would dispute that assertion, just from the experience of myself and my colleagues, many of whom have profitable recordings but still have day jobs to pay the bills. A very few have made a lot from recording; most, however do view a recording as promotional material for their live shows. And most musicians never have a profitable CD. So the "most" you refer to is really a tiny minority of musicians making a living out of playing music.

      "Touring expenses are enormous. Living in hotels 200 days out of the year?...Touring for the large majority of acts is a break-even proposition at best."

      Only acts selling a lot of CDs have the profile to tour that much (and if they are touring that much without a profitable CD then touring itself must be profitable for them, otherwise they couldn't afford to keep doing it. QED). 200 days a year? Not likely. Most acts will tour perhaps 3 months of a year in total. Besides, touring is only expensive if you decide you want to travel by gold palanquin and stay in caviar-lined hotels. In 15 years of touring (and handling most of the arrangements myself) I have only been on one tour that failed to make a profit (lesson here kids: don't be tempted to do a national tour as a support for a larger act; it probably won't help your profile, and it will cost you big). Most hotel chains will do deals for regulars; any manager who isn't aware of this isn't worth their fee. And, most obviously, keep the horns away from the mini-bar...

      "For the rest of the acts on tour, live shows are a means of promoting an album, thus a modest loss is an acceptable cost of doing business. No CD, no tour, unless they can take advantage of the economy of scale afforded by a multi-act tour (like Lollapalooza)."

      No, promoting an album is done by media appearances, interviews, music videos and high rotation airplay, which we all know are bought and paid for (that's what the judge said, anyway). If your act is not in that league, you will most likely be selling a handful of CDs at the venue and relying on the performance fee. As has been pointed out (see:http://www.arancidamoeba.com/mrr/problemwithm usic.html which is an article written by Steve Albini, who produced Nirvana), most bands make next to nothing from CD sales, (quote: "1/3 what they would make working at a 7-11" from 250,000 units), so live performances are their primary revenue stream. Personally, after 2 albums and 6 EPs, I left BMG with a debt of nearly $40,000; the band was clearing up to $10,000 a year from touring (after expenses, and paying the musicians and crew a fee per show + per diem. Not a vast amount, but it was a profit. Not many bands can say that). I never saw a cent from CD sales (except royalties, more later); most musicians are in the same situation as me. Large tours like Lollapalooza do not represent any kind of economy of scale for the lesser bands, and can actually blow out tour costs by making them pay for bulk-booked accommodation that is way beyond their budget (I know this from experience:$280/person/night to stay in the same hotel as the Beastie Boys & Helmet, vs $65 at a Best Western? No contest). BTW, a band isn't likely to be booked for Lolapalooza or the like unless they have a CD, or they are a local act added for colour who won't be on the full tour anyway. Don't assume that because little band x are playing in their home town they are on the whole run of shows.

      "Touring is an extremely inefficient way of reaching listeners. Four to six weeks in the studio can produce a recording that millions will buy"

      I

    2. Re:Ask any Slashdotter... by Maj.+Kong · · Score: 1

      First of all, performance royalties are paid on a quarterly basis, not every six months. Perhaps you should have a talk with your local postman.

      Second, RTFA. The amount of money spent on recorded music is an order of magnitude greater than the amount spent on live shows. Saying that bands make more on touring than recording is like saying that 2 is greater than 12. Maybe it's that new math they've been teaching the kids...

      Finally, I wouldn't call Robbie Robertson a dinosaur. He called it quits after sixteen years on the road and launched a successful career as actor, producer, and film composer. That's evolution; dinosaurs don't evolve.

      Maj. Kong

      --

      Shoot, a fella' could have a pretty good weekend in Vegas with all that stuff.
  65. It's pretty simple. by CdotZinger · · Score: 1

    Most people don't care much about or very much like music qua music, so they don't seek it out, they let it come to them.

    And almost all that comes to them is what the companies who control the channels of delivery--basically, AOL and Viacom--decide to send down.

    From those pre-chosen choices, they narrow it down a little based on their actual and desired demographic niches, the kind of people they think they are or wish they could be.

    They "identify with" some performers and not others, based on the manner of their marketing, and buy accordingly.

    The rich, pretty Harvard girl whose favorite artists are Bartok, Rakim, and Slayer, and the young, urban black teenager who loves Devo, Fennesz, and the Deftones--those kinds of "off-demo" individuals are not viable marketing targets, so, they have been mostly engineered and/or ignored out of existence.

    One can guess with about 80% accuracy what records people own by what brand of pants they wear, the remaking of music as "lifestyle badge" (and concurrent brainwashing) having been so successful. Even--or, especially--among "independent" splinter groups.

    It's fucking sad.

    --
    Your mouth is like Columbus Day.
  66. Record Companies are by bettlebrox · · Score: 1

    wankers!

    --

    I have a very small mind and must live with it.
    -- E. Dijkstra

  67. Links to back this up by MushMouth · · Score: 1
    Add up the tour finances in the Steve Albini "Problem with Music" Baffler article.

    As for a non-fictional band, read what Coco the Electric Monkey Wizard and The Brannock Device of Man or Astroman? has to say about playing Irving Plaza.

    As for writing royalties, this explains Mechical Royalties and the Harry Fox Agency.

    Here is an article that mentions mechanicals and P2P by Dave Lowery of Camper Van Beethoven, and Cracker

  68. Untrue by geek · · Score: 1

    Most do not make their money on the road. "Most" musicians today don't even tour, if they did we would need to build thousands more auditoriums to accomodate them. Artists like Enya don't tour, even Modonna didn't tour for like 10 years (someone correct me on this). They make most of their money in album sales because it takes many many more people to set up a concert than it does to make an album. The costs are insane.

    Now with that out of the way. If labels want money out of the concerts then they need to put more into them. They need to pony up the initial money for the artists and handle the management issues. This would eleviate costs for the artists on hiring tour managers and possibly even stage crew. Then there is something in it for all involved. If however they are just sticking their noses in and trying to drain the river dry we should all make it clear to them that sales will suffer as a result.

    As it is, I haven't seen a live show in ten years. I refuse to pay the ridiculous costs they now charge. Besides that I can't honestly think of any bands I want to see live. Why spend a ton of money to stand in an auditorium listening to music you already own surrounded by strangers who sweat all over you while dodging the random sporadic fights that break out all over the place. I don't see the appeal but obviously some people do.

  69. Record Labels are meaningless by ratfynk · · Score: 1
    Fact is that record labels are not what they appear.
    There are so many subset labels that the competition among producers is killing the big dollar part of the industry.

    So if a producer wants more money for the label that is putting the bill for the band, then it is symptomatic of the certain Rock crash that is upon an overbloated industry.

    People like ticket monster, studios, roadies, etc, all need a cut. If the producer is looking for more cash for a label it is because the costs have gotten out of hand. The crash of the Rock/Shlock/Pop industry will make the dot com fiasco look like a thunderstorm at a church picnic.

    The time of independants is finally here. It will be a music revolution to rival recording in the first place. Musicians that can actually play and sing will start to take back what has been stolen from them by the industry, their creativity!

    There is nothing more pathetic than a band that can only keep rehashing the old songs. Very few have the talent and drive to rise above the critics and create new ideas after they have been through the Pop Industry mill.

    --
    OH THE SHAME I fell off the wagon and use sigs again!
  70. I Wrote a Contract Tracking System for EMI... by Brad+the+Informer · · Score: 5, Interesting

    ...and all I got was this lousy t-shirt!

    No seriously, I did help create a contract management system for EMI in the early 90's. Biggest piece of shit I ever worked on. No access to the subject matter experts (people who know what it should do), but plenty of "interpretation" from middle management types.

    It was made clear to us that the only purpose of record label contracts was to fuck the talent and maximize label profits. Advances on publicity costs for tours to promote the album, holdbacks on royalties until the label had turned a profit, "equalization" so that profits from one album were siphoned off to pay "expenses" incurred for others.

    On the other hand, there were stories about how the artists would occasionally score a victory. I think it was Dean Martin, beholden to his label for seven more albums, who showed up, dropped seven albums worth of shit tracks on the desk, and said "Ciao!"

    And Christ, don't get me started about the VP who would grab us at the end of the workday and shanghai us to Flash Dancers (Manhattan tittie bar) to force us to charge hundreds on our credit cards which we billed as meal expenses.

    Yuck, it's not just the talent who feel like we swam a river of shit for the music industry.

    1. Re:I Wrote a Contract Tracking System for EMI... by The+Dobber · · Score: 1

      And Christ, don't get me started about the VP who would grab us at the end of the workday and shanghai us to Flash Dancers (Manhattan tittie bar) to force us to charge hundreds on our credit cards which we billed as meal expenses.

      Those rotten bastards !!

    2. Re:I Wrote a Contract Tracking System for EMI... by Detritus · · Score: 3, Insightful
      You just don't have a devious type of mind.

      What if the bar is owned by the VP's brother-in-law? The VP organizes periodic trips of "volunteers" to go to the bar and spend large sums of money, which are reimbursed by the corporation as meal expenses. It's a neat way of sucking money out of the corporation. Better yet, have the corporation charge the expenses against some recording artist's contract. Hey, it was a business meeting to discuss who should be in the artist's next music video.

      --
      Mea navis aericumbens anguillis abundat
    3. Re:I Wrote a Contract Tracking System for EMI... by Kwil · · Score: 2, Informative

      On the other hand, there were stories about how the artists would occasionally score a victory. I think it was Dean Martin, beholden to his label for seven more albums, who showed up, dropped seven albums worth of shit tracks on the desk, and said "Ciao!"

      You only get away with crap like that once.

      I hear the standard boilerplate has now evolved to the point where it's the label that gets to decide what counts as a "marketable album" and they base your contract on a certain number of "marketable album".

      Hence the whole Prince thing. He wanted to go more experimental, but the record companies weren't having it, and his contract prevented him from putting out anything for anybody else until they got what they wanted.

      So much for the "creativity" that the RIAA purports to protect.

      --

      That Jesus Christ guy is getting some terrible lag... it took him 3 days to respawn! -NJ CoolBreeze

    4. Re:I Wrote a Contract Tracking System for EMI... by Reziac · · Score: 1

      I'd guess more like the restaurant owner was a mobster "partner" with the label. The "partner" profits far more than they would otherwise, the label can show a loss, billable against the hapless artist's contract, and it's all legal.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    5. Re:I Wrote a Contract Tracking System for EMI... by Lt+Razak · · Score: 2, Interesting
      Exactly right.

      Not only that, but they can shelve an artist indefinately if they think he/she isn't marketable. That means they're in limbo with no album-income, and not allowed to go elsewhere because they're still in contract for X more albums.

      Now that's slavery.

  71. Ebay Scalping by aSiTiC · · Score: 4, Interesting

    No one tell the RIAA but the real money is in scalping tickets for insane prices on Ebay. There are people making a good amount of money by buying tickets as early as possible on web and turning around to get a premium after tickets are sold out.

    I should know I just bought 2 tickets to see a Radiohead concert for $200 bucks on Ebay.

  72. Re:WRONG by letxa2000 · · Score: 2, Insightful
    Record sales have declined as file sharing has increased. This is certainly a correlation, if not evidence. You will respond by saying "thats because the music sucks"

    It might be because the music sucks. It might be because the economy sucks. Many companies would love to have the slightly reduced profits that the RIAA is "suffering" right now.

    Or it could be that the product/service that the RIAA has been performing for the last 50 or 60 years is now completely obsolete.

    I tend to believe it's the latter. And I believe they realize that and that's why they're looking for this revenue stream. They'll essentially want some percentage of the tour so that the artists get radio play. This will work for the RIAA until the radio industry gets into the same business and cuts RIAA out as an intermediary.

    Any way you cut it, the RIAA is obsolete and will be history within 5-10 years, easily. But don't expect it go down without a fight.

  73. Re:WRONG by mjmalone · · Score: 1

    Did you read my paper? During the time that record sales have declined CD prices have gone up and the number of new releases have gone down. There are references to these statistics in the bibliography (some of which are off the RIAA's website).

  74. The labels have every right to do this..... by Ride-My-Rocket · · Score: 1

    And if the artists decide to buy into it, they have only themselves to blame when they find themselves penniless after receiving all that cash up front, and after years of hard work.

    Honestly, why is all the blame put squarely on the RIAA? Yes, they are the voice of the music industry zaibatsu, but that doesn't mean they are the only way to get rich, famous or discovered. They're just the easiest way -- that is to say, they offer instant gratification and low long-term rewards. If artists aren't willing to take a chance and do it for themselves, they deserve to get screwed.

  75. Re:WRONG by mjmalone · · Score: 1

    Fine, don't read it, remain ignorant. You are just trolling, you have no argument you merely say I am wrong and leave it at that. I would like to see a well written paper/book argueing FOR the current copyright system, with sources and statistics.

  76. Phish Income + Bootleg by RussianAgent · · Score: 1

    Artist never made any real money from CD Sales. The majority of their money always came from touring. Phish for example sold bootleged copies of their music at concerts, and didn't have a problem of people copying their music. Every Phish fan knew if you wanted to support your artist, you visited him when artist(s) toured. The RIAA has controlled the distribution channel of music for too long. If P2P was allowed to "share" music, the only people losing money would be the labels, not the artists, as long as the artists toured.

  77. Two words: by inode_buddha · · Score: 1

    Fuck them

    --
    C|N>K
  78. What kind of drugs... by fruity1983 · · Score: 1

    are you on?

    This isn't a step in the right direction. They aren't changing their business model.

    You said it yourself, they are not changing any pre-existing practices, like high CD prices, overcharging artists, suing college students for hundreds of millions of dollars, etcetera.

    This is stupider than ignoring Iraq cause Bush is giving 15 billion bucks to corrupt African nations to fight AIDS.

    --
    I am a viral sig. Please copy me and help me spread. Thank you.
  79. This actually makes a lot of sense by windowpain · · Score: 1

    Recorded music, at close to $20.00 a CD is overpriced. Live music performances are underpriced. If they weren't, there wouldn't be any scalpers. Scalpers thrive because bands refuse to charge the price that the market will bear. Scalpers step in, buy tickets at what are essentially discount prices, then resell them at the market price (the price that clears the market.)

    The acts leave money on the table (or, more accurately, in the pockets of scalpers) because they don't want to be seen as greedy. Fans still pay the high market prices; the acts just transfer the negative press and a large portion of their revenues to the scalpers.

    (Of course, this is true only for those acts who have built up a following and who can therefore command premium prices for their live appearances. Those acts that haven't yet achieved that level of success still make a living, just not at "rock star" income levels. Building up a fan base through word of mouth and the judicious distribution of songs on their websites and through file sharing networks will bring a lucky few up to that level.)

    So what should be done? First, tickets should be sold by some kind of Dutch auction system so that the artists, not scalpers, will receive the highest price the market will bear. If they fear a backlash, or they simply don't care to receive all of the possible revenue, they can donate a portion of revenues to charities they choose, or perhaps even let fans designate which charities will benefit.

    This scheme would generate enough additional revenue that artists could cut in their recording companies for a piece of the live performance revenue pie. This revenue would partially reimburse the record companies for the effects of file sharing, and also possibly permit lower prices for recorded music. In effect, it would turn recorded music into a loss leader to promote live performances, which is not only where the real money is now, but where it will increasingly be.

    Everyone into file sharing says the old business models don't work anymore. They are correct. So with what do we replace them? The mechanism I've described here is one alternative.

    --
    Insert witty sig here.
  80. Why are record labels considered necessary??? by bigmattana · · Score: 1

    I don't understand it. It's not like record labels offer some sort of super-privileged service. They make CDs, advertise, and in many cases pay for the recording studio and equipment. Why do they think they get to "own" the artists?? Seriously, once a band gets a little money, they can do all of these things for themselves. Many bands, such has Big Head Todd and the Monsters have been very successful without a major label. The labels really do not offer an exclusive service, just basically an absurdly poor loan to desperate bands.

    Any band that is being offered a contract from a record label should know that they are good enough to make it in the business, and thus they should know that THEY have the power. Most studio recordings are over done. Some of the most popular songs on radio were done with in very low-budget studio. (Such as most of John Mellencamp's early songs, Phish's first album, etc.)

    The only real thing in the way of most artists is getting radio to play their songs. If we could stop payola and give people more power the voice what they like and don't like, instead of letting the record companies tell the radio stations for us, then they would lose whatever real power they think they have.

  81. A Roadie speaks... by Arislan · · Score: 1

    First of all there are many ways an artist you see and hear and love or hate got thier shot at fame. Many who approach the labels independently dont stand much of a chance unless they know people, most of the time thier press kit goes straight to the trash. If you are lucky and they listen to your demo they may just try to buy or steal the song if they dont think your image is easily marketable. And even rarer they call you to talk about what your looking for. Theres the P&D which many labels try to avoid unless your a known cash cow switching labels or they got the CD for a steal. P&D-Publication & Distrobution they from the money for pressing alot of CD's with a bit of marketing money sometimes. They dont do alot of these unless they know theyre gonna make a good investment, independent labels really tore into the big labels action by granting alot more P&D's because if you dont make doe the artist will rarely get another shot at it and will have to pay his own way unless they make a turn around. Now what the labels really like and if you approached them by yourself and they want you be prepared to make a deal with the devil. "The Full Ride" is what the average joe from nebraska thinks being a rock star is about. The record label is shoving that contract down your throat and your surrounded by execs and your soon to be producer and manager that you only dreamed of seeing in person let alone them shakin your hand every 30 seconds, calling you "Bro" with the slick pressure of the god of car salesman. They promise you limos, cars, women, whatever makes your eyes sparkle they zone in on it and get you to sign that contract as fast as they can with you reading as little of it as they can. When you lay the ink down the bells should toll, the room gets silent a moment, they shake your hand and say congratulations your gonna be famous. Then you get setup with a manager and producer who are gonna get you started and setup your image, your schedule, and all the other details you promised then on legal ink youd obey. Ok time to record, the producer and manager have prepared protecting your songs through the services of your lawyer which you pay for. And the producer wants to use the labels nice state of the art studio, which you pay for at a insane hourly rate sometimes. By this time you have taken more than a few rides in your limo, which you pay for. You havent made any money yet all this glamour is fronted to you and anything they want you will get buy you pay for it eventually. You pay the producer for a few tens of thousands of dollars per album the manager gets an anual cut and so on... Now this is the darker side of this and "The Full Ride" isnt always bad if the wouldbe artist is smart and watches his back. If he's good enough and is smart enough to have his own lawyer before going to the table and not relying on the labels "I know just the guy" thing. Ill give you an example, Vanilla Ice, not a bad kid, im not a fan, but he got a raw deal. He was 0wned, they told him what to wear, where he would be seen in public, what and when he would do most of the time. Now the big labels have cleaned up quite a bit since they are losing ground to alot of indie labels. The industrious artist who wants to cut a deal with the big boys and come out alive will get a lawyer they can trust , Then they use said entertainment lawyer to cut a fair deal with a good talent managment agency. The agency has the contacts to get your project hears by the right labels and producers. Then you have a good shot at securing P&D's with some studio money and leave the marketing to the managment agency. All these guys know eachother and you cant BS any of them because the word gets around fast. There are good and fair managers, lawyers, and producers out there. Many of them are wise enough to see the future where yes an artist can with time, money and luck make his own way enough to get picked up by a label at a fair deal. Example Cherry Poppin Daddies they tried for years to get signed and got turned down, so they did it themselves, m

  82. I think you have that backwards by BreadMan · · Score: 1

    If the number of CDs remains constant with fewer sales opportunities, the price of the CDs would need to fall in order for the market to clear. This is more like a right shift in the supply curve rather than a movement along the curve. I'm tired, so forgive me if I'm wrong here.

    Considering the supply curve starts at ~$20 for a new release, there's a lot of area under the curve where people won't value the product enough to make the purchase at the ~$20 price. What I don't understand is why this market isn't targeted, unless the curve is such that a much lower price wouldn't attact that many more buyers.

    I guess once you structure your company to operate in an increasing returns environment, it's hard to get back to the real world.

    1. Re:I think you have that backwards by God!+Awful+2 · · Score: 1


      Considering the supply curve starts at ~$20 for a new release, there's a lot of area under the curve where people won't value the product enough to make the purchase at the ~$20 price. What I don't understand is why this market isn't targeted, unless the curve is such that a much lower price wouldn't attact that many more buyers.

      Firstly, the price doesn't start at $20 for a new release. That's a piece of bullshit /. propaganda that readers like you propagate without bothering to fact-check it. If you don't want to pay $20 for a new release, don't shop at Walmart. According to amazon.com, they offer "top sellers as low as $12.99". When I look at their list of top sellers, including Radiohead, Clay Akin, Nora Jones, Annie Lennox, and Coldplay, most of these CDs are selling for $13.49. So I wish you and everyone else on /. would stop spreading this bullshit hyperbole that you can only buy CDs for $20.

      Secondly, the market *is* targeted. Of course it's targeted. If you don't think it's targeted, you're nuts. If they sold CDs for $5, they would hardly make any profit. They sell CDs for $13.50 to consumers who are willing to shop around. If you're too lazy to shop around then they milk you for $20.

      -a

    2. Re:I think you have that backwards by shaitand · · Score: 1

      Those "top sellers" are bands I've never heard of with the exception of radiohead and yet to ever actually meet someone who has purchased their music.

      Whether or not they would make profits by selling cd's for $5 or $2 is definately an issue of debate since it's not at all unreasonable to think that sales would triple... they don't operate this way because if they sell 1 cd they only have to cut the artist back in for .25, if they sell 3 to get that same $15 then they have to shell out .75 to the musician!! my god!

    3. Re:I think you have that backwards by God!+Awful+2 · · Score: 1


      Those "top sellers" are bands I've never heard of with the exception of radiohead and yet to ever actually meet someone who has purchased their music.

      Radiohead is the only one of those that I actually listen to, but if you don't know who the other ones are then you're just fuckin ignorant.


      Whether or not they would make profits by selling cd's for $5 or $2 is definately an issue of debate since it's not at all unreasonable to think that sales would triple... they don't operate this way because if they sell 1 cd they only have to cut the artist back in for .25, if they sell 3 to get that same $15 then they have to shell out .75 to the musician!! my god!

      Obviously you put very little thought into that comment. The CD does not wholesale for $13.49. You have to manufacture the CD & cover, ship it to the store, pay the rent, electricity, and the guy behind the counter, etc. Plus, in addition to paying royalties to the musician, they also have to pay the composer and producer. Also, for all I know, the royalties on the CD could be a percentage of the retail price and not a flat rate.

      -a

      -a

      -a

  83. If the music isn't as good... by AzrealAO · · Score: 1

    If the music isn't as good, why are people going to the concerts?

  84. Lots of flaws.. by Kwil · · Score: 2, Interesting

    ..for a college level paper, you should receive a C at most.

    Anyway, to the flaws:

    1. None of your quotes are cited properly (if at all). A rigorous marker (like myself) would return the paper at this point with a note along the lines of "Don't pull this stuff from your ass, show me where" though I'd probably phrase it more politely than that on the actual paper.

    2. You haven't actually disproved the notion that file-sharing is the cause of lowered sales. You've provided a number of alternative explanations, all quite reasonable, but shown no evidence that any of your alternatives have any greater correlation to the sales drop than the record industries assertion of file-sharing.

    3. You give no proof of the assertion that "the current downward trend in record sales would have to continue for 10 years for a loss of 4 billion dollars to occur." Nowhere in the paper have you stated a dollar amount of what the record industry actually lost. The only amount is the 4 billion they state which you dispute on the basis that you, personally, could not find corroborative evidence, in your vast research which encompassed.. let's see here.. eight citations all from the web. Bibliophobe, perhaps? Still, this is an English paper, so maybe we can let that slide.

    4. Your blanket assertion that the DMCA is unconstitutional is on shaky grounds at best. If Lessig's argument that retroactive extensions applied directly to copyright are unconstitutional was not accepted, how will a law that says nothing about copyright terms at all likely be seen? If anything, this is more open, because there is nothing in the law that says companies cannot release some sort of "master key" that works once copyright is expired - and until they fail to do this once the copyright is expired, we can't say that the DMCA has prevented "limited times" from being expressed.

    5. Again, you assert something about the record industry (namely the terms of their contracts) without providing any type of citation as to where exactly you drew the material from.

    6. Don't piss around with numbers. If you're going to try and use numbers to back up your argument, you better be comparing apples to apples. So comparing a record contract that has various costs applied to it to a bar gig without also noting the various hidden costs there (transportation, accomodation, road-managers, merchandise costs, etc) is not exactly fair. Now, I'll readily admit that bands probably do make more, but by missing the details, you haven't shown it.

    That's some of the basic flaws with specifics.

    Looking at the whole thesis, the question immediately arises: What is the unjust law you are drawing attention to by your actions? Which law, specifically, does your downloading music protest? Have you informed those who might punish you for breaking the law that you are doing so, because if you haven't, it strikes that you are not willing to go by the words of MLK and accept the punishment. In fact, MLK was quite specific about that, it's not the act of breaking the law that's the protest, it's suffering the enforcement of it to draw attention to the injustice of the law.

    Until you do that, you're not some moral crusader, so stop pretending. Leave the moral crusades for those, like MLK Jr, who had the guts to go through with it.

    --

    That Jesus Christ guy is getting some terrible lag... it took him 3 days to respawn! -NJ CoolBreeze

    1. Re:Lots of flaws.. by DarkZero · · Score: 2, Interesting

      2. You haven't actually disproved the notion that file-sharing is the cause of lowered sales. You've provided a number of alternative explanations, all quite reasonable, but shown no evidence that any of your alternatives have any greater correlation to the sales drop than the record industries assertion of file-sharing.

      I agreed with everything that you said except for this part. The greatest evidence that has been shown for file sharing causing the RIAA's revenue to drop is a loose correlation between the beginning of file sharing and the beginning of the sales dip. He's offering other correlations as a counterargument. When you're arguing against the idea that a certain correlation caused a specific problem by bringing up several other correlations that could reasonably have caused the problem, doesn't the correlation just have to be EQUAL, not greater? The RIAA's argument is nothing more than a correlation that could easily be a coincidence or could even be a boon to their business that is cushioning what would've been a larger sales drop created by their lousy business practices. It relies upon a lack of reasonable alternative correlations that could've caused the problem.

      When the other side's argument is nothing more than the most reasonable assumption that anyone can offer at the time, I don't think you need concrete evidence to counter it, but rather just a reasonable doubt. The sales dip hasn't been thoroughly researched and given a concrete, factual cause yet because it is still relatively new, just like file sharing is. Therefore the discussion is a matter of theory vs. theory, not concrete, well researched fact vs. concrete, well researched fact.

  85. Timely lyrics from Rush by whatch+durrin · · Score: 2, Interesting
    While reading posts in this thread, I had Winamp playing randomly in the background. These lyrics are from the Rush song "The Spirit of Radio":

    1. Begin the day
      With a friendly voice
      A companion, unobtrusive
      Plays that song that's so elusive
      And the magic music makes your morning mood

      Off on your way
      Hit the open road
      There is magic at your fingers
      For the Spirit ever lingers
      Undemanding contact
      In your happy solitude

      Invisible airwaves
      Crackle with life
      Bright antennae bristle
      With the energy
      Emotional feedback
      On a timeless wavelength
      Bearing a gift beyond price ---
      Almost free...

      All this machinery
      Making modern music
      Can still be open-hearted
      Not so coldly charted
      It's really just a question
      Of your honesty

      One likes to believe
      In the freedom of music
      But glittering prizes
      And endless compromises
      Shatter the illusion
      Of integrity

      "For the words of the profits
      Are written on the studio wall,
      Concert hall ---
      Echoes with the sounds...
      Of salesmen."

    --
    ***
    Radio Shack. You've got questions...we've got blank stares(TM).
  86. Re:Artists vs Labels? WRONG, Labels vs Clear Chann by dlelash · · Score: 1

    And oh yeah, Clear Channel now most likely owns multiple radio stations in the market. Starting to see how this works? Ready to hit the road with your bandmates and 20 songs? Didn't think so.

  87. Clear Channel vs. the RIAA by Animats · · Score: 1
    Sooner or later, Clear Channel will start up a record label. Then things will get interesting.

    Clear Channel's stated business model is straightforward. They sell advertising. They play whatever generates the most advertising revenue. They also own performance venues ("Play our arena or you don't get on the radio"), billboards and TV stations, so they're promoters too. Eventually, they may decide to bring content-generation in-house. If you own most of the radio stations, taking on the music industry is a viable option. Especially when, under current US law, radio stations can play records without paying royalties.

    Clear Channel may be crap, but their management isn't stupid. Music-industry top management is generally acknowledged to be dumb.

    Think what would happen to, say, EMI, if Clear Channel simply didn't play any of their new output for six months.

    How many ways has Clear Channel reached you today?

    1. Re:Clear Channel vs. the RIAA by Paladin144 · · Score: 1
      I think people are missing the true danger here and it's not the record labels, in this case. A more potent threat is posed by corporations like Clear Channel who own both radio stations and concert venues (and the means of promoting both, such as billboards).

      I've been keeping tabs on my local music scene (Minneapolis) because I'm trying to start a band. From what I've read, it sounds like Clear Channel is making artists and venues sign exclusive contracts. This can make booking easier for a lot of small to mid-sized acts. So when a band tours they will have a whole slew of CC-owned venues to choose from, but they might not be allowed to play a non-Clear Channel venue (probably depends on the contract).

      I've also heard that non-Clear Channel bands can indeed play Clear Channel clubs, but they get bumped if a CC band wants the slot; even with little to no notice. This has already happened around town.

      I think this ultimately creates more problems and tough choices for bands with a social conscience such as Wookie Foot. Do you sign a contract and make touring (supposedly) a breeze? What if things go sour? It certainly doesn't help your indie cred much, but this side of the music business isn't as well known as the recording side. Publishing, of course, is even more mysterious. All I know is: Don't sign away the rights to your songs!

      The Clear Channel Effect causes even more problems for the venues that aren't affiliated with CC. One of our cultural landmarks, First Avenue, is apparently in dire financial straits. I'm hoping they pull through; it's a great club and they provide a lot of support for new and unknown acts. They even have a non-profit foundation dedicated to aiding the arts. Do you think Clear Channel gives a damn?

      Don't let the record companies absorb all your wrath. We have them on the ropes, but meanwhile Clear Channel is operating relatively freely. They are starting to raise some ire around here, but not nearly enough. If the new FCC regulations allow them to get a tighter stranglehold on radio things will only get worse.

    2. Re:Clear Channel vs. the RIAA by prisoner · · Score: 1

      I just posted about this very thing. I agree, it's a matter of time before clear channel gets into this biz. I do know that they are agressively moving into they live CD market (watch a concert, take home a CD of the show). Honestly, I think they are in a better position than the labels to "cross-over" into the other half of the business. Instead of the artist having to deal with the tour, just sign a deal with CC that would include everything a performer would need from CD's to concerts.

  88. sigh. by sekzscripting · · Score: 1

    that's cool, now it's THEM stealing from the artists. hypocrites.

  89. Huh? by raehl · · Score: 1

    Right, so nobody buys tour tickets as a result of all of the album promotion? All those TRL appearances, the times the record-company financed music video plays on MTV? rotations on radio station "purchased" time? Tour ticket sales ahve nothing to do with any of that, right?

    Britteny Spears would not be able to sell out the venues she does without the promotion from the record company, period, as no one would know who she was in the first place.

  90. Allow me to illuminate by clambake · · Score: 4, Insightful

    Is this as bad a deal as it appears? Notice that the guy voluntarily signed - in order for him todo that, they had to offer something that he felt was worth signing. Maybe promotional things, perhaps transportation costs, etc.

    Hi there, Bob, it's me, Chuck, you know, your RIAA rep? Well, Bob, We at the RIAA would like to offere you a draconian contract to suck a little more blood from the wound, if you know what I mean... How's that sound?

    No?

    Oh, Bob, I'm sorry to hear that, we'll, I guess we'll just have to go without. Oh yeah, before I forget, there is just one little thing...

    Remember that whole "five album deal" we made with you when you signed. Yeah, that one. Yeah, remember how in the fine print, it says you can't work with any other recording company until those deals are done? And remember that clause about how an album can't be released without our approval?

    Well, you see Bob, it seems that you've only released three albums so far, so you still owe us two more. Now, the way I see it buddy, You're going to need our approval to get those last two out. Now, I can't speak for the rest of the group, but I like you a lot. However, there are a few of us who are saying.. well, saying that they don't think you've got what it takes to get your last two albums approved.

    Yeah? Yeah, that's true, you COULD practice more, but Bob, the thing is, they think you just aren't a team player... I don't think they'd feel you deserve approval even if you were really good. Unless you could show us some of that RIAA team spirit...

    Yes, Bob? Oh, no, Bob, without those last two albums, you can't work for ANY label, even your for youself. Nope, can't sing another lyric, legally at least. Ah, we'll I wouldn't advise singing Happy Birthday to your grandmother, see that would be a public performance, and all....

    Oh, what's that you say? That draconian contract sounds fine to you after all? Oh, excellent! Oh wait a second, I think the RIAA percentages I quoted you before were off by, say, 20% (darn blurry faxes), but I'll have the revised copy sent to your trailer. Oh, I'm sorry, Bob, the line must be going bad, I could have sworn I heard cursing on the other line... It would be a shame if we had to.. oh, you didn't hear anything you say? Ah, so you agree? Right. 25%. Oh you heard 20%? Ah, that pesky line noise must have interfered... Or did I say 30%? That's a good boy, Bob. Yes you can come over later this afternoon and lick my car clean for me, that would be super.

    ciao!

  91. A better idea: by torpor · · Score: 1
    --
    ; -- the corruption of government starts with its secrets. a truly free people keep no secrets. --
    1. Re:A better idea: by Brendan+Byrd · · Score: 1
  92. progression of the control by mabu · · Score: 1

    This doesn't surprise me. Mainly because labels, distribution and media conglamorates are so concentrated and dominant now that they can claim they are primarily responsible for the demand for an artist and therefor justify getting a piece of everything, including the traditional performance royalties (otherwise known as blood, sweat and tears). Unfortunately they are right.

    A good example are the concerts that Clear Channel stations put on in their markets, often wildly superior to comparable tours or shows. CC can ask almost any band (and name their own price if one at all), even one not on tour to play a festival for one of their stations and most commercial artists know turning them down is the kiss of death. It's one thing to turn down a show in one market. It's another thing to turn down a CC station and piss off a company that controls 60-80% of the major radio stations nationwide.

    And things have only gotten worse with the recent relaxation of media ownership restrictions.

    We should not be surprised. The only alternative artists have left at this point is the Internet.

    At this point, most of what you see/hear in the major media is formulaic and bland anyway. What I think is interesting is that P2P networks in my opinion are more threatening to the music industry not because of copyright/piracy issues but because they can introduce the public to non-corporate music that doesn't suck.

  93. Two Signatures on That Contract by reallocate · · Score: 1

    >> ...EMI Recorded Music signed a deal with Brit singer Robbie Williams...

    You could just as easily say: "Brit singer Robin Williams signed a deal with EMI Recorded Music..."

    There are at least two parties to every contract. No one is compelled to sign.

    Many stories exist of naive and unwise musicians signing contracts that take advantage of them. That's too bad. People ought not to take advantage of the naivete of others. But, alas, we do. I have some sympathy for the uninitiated who get ripped off, but no sympathy at all for established musicians who have lost their naivete.

    --
    -- Slashdot: When Public Access TV Says "No"
  94. Thank you, RIAA by stewby18 · · Score: 1

    They've been illegally deprived of the money from the second sale.

    Sorry, wrong. You are make a huge assumption here, which is that there would have been a second sale. I stopped buying CDs almost as soon as I started (well before mp3 availability). Why? Most had only one or two songs I liked, and they were way too expensive to justify the modest amount of music listening I do. In addition, I found that I tired of pop songs very quickly, so it didn't make sense to buy if I wouldn't be listening to it at all in a year. So I stuck to listening to the radio, or not listening to music at all, except for the occasional very good CD, which I bought.

    Now, I have a reasonably-sized mp3 collection, including many songs which I occasionally enjoy listening to, but would *never* have purchased. My buying patterns have not changed at all -- I still buy CDs that I genuinely like; I don't just find the whole album in mp3 format.

    Yes, it's possible, even likely, that widespread availability of free mp3s can have some of the effect that you describe. But if you think every copied song is a lost sale, you have swallowed far too much of the RIAA's propaganda.

  95. Re:Huh? by UnknowingFool · · Score: 1
    Right, so nobody buys tour tickets as a result of all of the album promotion?

    I never said that. I said record companies promote albums not artists. Artists like all celebrities benefit from publicity planned or unplanned.

    All those TRL appearances, the times the record-company financed music video plays on MTV? rotations on radio station "purchased" time? Tour ticket sales ahve nothing to do with any of that, right?

    All that promotion is only so that people will buy more albums. Some artists do not tour until a few albums into their career so they don't get the full benefit of album promotion. Some artists never tour after putting out an album and thus never see any benefit. All those MTV video, TRL, radio time, TV appearances, have you ever noticed that at the end of an appearance, the host always says "Go buy the album XYZ from ABC Records, and tour dates are . . . " Now, they always mention the album no matter what. They never just mention only the tour dates.

    Do tours and albums help each other with promotion? Yes. But that is not the record company's real goal. Record companies are more than compensated for any cross promotion of a tour with how much they get from album sales. If they do help promote the tour, they always get a generous cut. That's why many artists today do not go through their record companies for tour promotion. They often do it themselves, use a concert promoter, get a sponsor (Pepsi in the case of Britney Spears, Michael Jackson, etc), or a combination.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  96. The deal is worth $150M to Robbie by 4r0g · · Score: 1
    As previously reported by BBC.

    I think Robbie is more than happy to give EMI a slice of the revenues...

    --
    - 4r0g
  97. clear channel by prisoner · · Score: 1

    This could turn out to be a battle royale between really big corporations. I know that Clear Channel does alot of concert work as well. Since they own a bazillion radio stations and do the work at many venues, I wonder if they are eyeing a similar cross-over into the recording biz? They are in a similar situation to the recording companies: they have alot of cash and want more of it....

  98. Makes artists look like idiots by Morgaine · · Score: 1

    Looking at this nonsense from outside, all the things others on this thread are saying about artists makes them look like gormless, witless, even masochistic sheep, unable to see beyond the ends of their noses and to understand cause and effect. It's hard to believe. In fact I don't believe it, these are intelligent, creative people for the most part, if one disregards "manufactured" pop bands.

    Why they're doing what they're doing and continuing to sign up with labels at all is completely incomprehensible to me. I'm totally at a loss here. I just cannot believe that the insignificantly tiny possibility that they will make it huge can distort judgement that badly. Not really. There must be some other factor.

    --
    "The question of whether machines can think is no more interesting than [] whether submarines can swim" - Dijkstra
  99. Re:Opportunity Cost by shaitand · · Score: 1

    "When you copt that CD from your friend you are not stealing from your friend. However, you are destroying the opportunity of the record company to sell you a copy. That is a real cost that is now lost. You have shrunk the market."

    There is a massive difference between this and inflation. Inflation is concrete, you print more money, inflation is a 100% guaranteed result. This is not at all similar to a theoretical loss of profit that may or may not have EVER been obtained. Yes you reduce the "market" but a "market" consists of potential customers who might potentially purchase a product... again nothing concrete, if I copy a cd the only one who knows if it cost the record company anything is me since I'm the only one who knows whether or not I would have purchased the cd otherwise, if my answer is no, then they haven't lost anything in reality.

  100. Profitable business model by failedlogic · · Score: 1

    When record companies are losing money, why don't they act like 99.99% of corporate America: layoffs, trimming budgets, and boost revenue. If the current executives are unwilling, then its time shareholders and music buyers tell them otherwise.

    They claim it costs $500,000 to make a new "hit" record (was in an AP story in the newspaper I read a few weeks ago). Some of the 500k included: bar and catering for the artists (others, I'm sure are helping themselves), lawyer fees, 500 hours in the studio @ $200/HR, and a lot of miscelaneous! I'm sure that the air they breathe while recording in the studio is also on the bill.

    Spending that much making a record in the first place is foolish. Cut back. Same for paying radio stations to play songs. If a song is catchy, IMO, they'll have to play it for viewing.

    Cut back on the spending already! Leave the cash for the artists who are *actually* doing the work.

  101. Older bands more popular on tour by Peaceful_Patriot · · Score: 1

    Recently on CNN, they discussed how the 'older' bands, i.e. Fleetwood Mac, Bruce Springsteen, REM, etc. are far out-selling newer 'popular' bands for concert ticket sales. The music lackey who was interviewed said that it was due to 'creative pairings' and 'an established library of music'. They never mentioned that new music mostly sounds like the same crap.
    It occurs to me that this is the true root of filesharing and the loss of $$ to the labels lately. It would never occur to them that CD sales are down because the new music stinks. I wonder what percentage of downloaded music is the 'older' stuff compared with the 'popular' tripe they try to force down our throats. My guess is that there are far more Rolling Stones downloads than Brittany.

    --
    There is nothing so powerful as an idea whose time has come.
  102. More news by serutan · · Score: 1

    EMI just announced that they and other record companies want to get paid every time anybody in the world hears any musical sound anywhere. Said RIAA spokeswoman Hilary Rosen, "Record companies invented music. Without us making the deals, you wouldn't hear a thing. It's always been about us. Hearing any sound whatsoever without paying a record company is theft of physics."

  103. If a tree fell in the forest and nobody heard it by serutan · · Score: 1

    ... a record company would still want to get paid for it.

  104. tipjars violate contracts by poptones · · Score: 2, Interesting
    You can't DO THAT. Why do you think Neil Young doesn't have a "tipjar?" And Tom Petty? And any other major label artist?

    Tipjars violate the "exclusive distribution" part. It would be pretty easy to show that "tipjars" are designed, form the start, to provide recompense to artists for otherwise illegal MP3 downloads, which means that "tipjar" is violating the record company's exclusive license to US (and, likely, euro) distribution.

    1. Re:tipjars violate contracts by whig · · Score: 1

      That makes me angry.

      Artists are not only signing away their rights to their own music, they are being deprived of any alternate means of being paid for their work.

      So perhaps the solution is, have the tipjar be in exchange for something else. A wink and a nod, so to speak. Give away some token in exchange for the tip, surely the artists are not prohibited from engaging in other trade.

      --
      Peace and love, y'all
    2. Re:tipjars violate contracts by poptones · · Score: 1
      There's nothing stopping them from selling their own albums via a website. But those albums have to come from their label, and 'tho they pay less for them they do still pay.

      Would you pay $50 for a hand signed CD?

      The fact tipjars can't work right now is actually a good thing, as it gives the artist one more incentive to go it alone.

    3. Re:tipjars violate contracts by StringBlade · · Score: 1
      I'm not sure it's fair to say 'tipjars' are designed to compensate artists for illegal MP3 downloads. I can think of two situations in particular that can justify a 'tipjar' and be perfectly legal:
      1. band allows live concerts to be taped and the band itself posts these recordings as MP3s, WAVs, or OGG files - the tips are exactly that: "thanks for the wonderful music -- keep it up!"
      2. the tipster simply has pity for the band and a strong principle of not funding the RIAA's cartel by only listening to music broadcast over the radio and buying only purely independent work. This implies, however, that the tipster likes the band enough to desire to show appreciation even if he/she doesn't purchase albums or attend tours (anymore)
      --
      ...and that's the way the cookie crumbles.
  105. Flat wrong by poptones · · Score: 1
    For the rest of the acts on tour, live shows are a means of promoting an album, thus a modest loss is an acceptable cost of doing business. No CD, no tour, unless they can take advantage of the economy of scale afforded by a multi-act tour (like Lollapalooza).

    I grew up around Detroit. I have had many friends from that area who were in bands and who have supported themselves for years - some of them decades - by "touring." No albums to hype, no record labels to hold them up, and no names I expect you would recognize if you were not from the area and the time.

    Contrary to the hype, Liz Phair was NOT the first "independant artist" to be able to buy her own bus; there is plenty of money to be made if you are both smart and talented - and not just talented at keeping money, but talented as in keeping an audience coming back for more every time you come to town.

    1. Re:Flat wrong by Maj.+Kong · · Score: 1
      I grew up around Detroit. I have had many friends from that area who were in bands and who have supported themselves for years - some of them decades - by "touring." No albums to hype, no record labels to hold them up, and no names I expect you would recognize if you were not from the area and the time.

      There are hundreds of bands in every city that do just that, supporting themselves by playing live shows. However, these shows are weddings and bar mitzvahs.

      Maj. Kong
      --

      Shoot, a fella' could have a pretty good weekend in Vegas with all that stuff.
  106. Music labels === mainframe companies by mulp · · Score: 1

    The music companies has as an important a role in the future of music sales as mainframe computer companies have in computer sales.

    And guess what, the market has spoken on the matter of mainframe computer companies and they no longer exist.

    Its just a matter of time until the music companies of the 50s, 60s, and 70s disappear.

    What's missing is a Dell to take music sales to a new level. A company that focuses entirely on distribution and marketing its internet address, and leaving all the product marketing to the artists (like Dell does with Intel and Windows) and focusing on low prices, quick delivery, and high volume.

  107. Re:Opportunity Cost by sn00ker · · Score: 1
    When you copt that CD from your friend you are not stealing from your friend. However, you are destroying the opportunity of the record company to sell you a copy. That is a real cost that is now lost. You have shrunk the market.
    Only if I would otherwise have bought the CD. If I would not have bought the CD, then nobody has lost anything (and, in fact, the manufacturer of the blank CD I used is up a few cents).
    You have bought the RIAA line that every copied CD is a lost sale. Personally, I rarely buy CDs. Most of what's new these days is shit.
    I bought the Evanescence album at the weekend, the first CD I've bought in about six months. I bought it because I got a copy from a friend and I liked enough of the tracks (actually I like the whole album) that I could justify spending the money on it. If I hadn't liked it, the copy wasn't depriving anyone of anything since I wouldn't have bought the album otherwise.
    --
    "God, root, what is difference?" - Pitr, userfriendly