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Ask a Music Producer/Publicist About Filesharing and the RIAA

Bill Evans is one of those people in the music business who doesn't get a lot of public exposure, but keeps the wheels cranking behind the scenes. He's not just a musician and techie, but a publicist whose clients include Numavox Records artists Kerry Livgren and Michael Gleason as well as progressive rocker Neal Morse; he's produced (among many others) songs for the Burning Annie soundtrack and the Kansas Tribute Project. Naturally, since he makes his living in the music business, Bill is not 100% in favor of unrestricted filesharing. But what might work? And what might not? Let's find out what this music biz insider thinks -- one question per post, of course. Answers to the "Top 10" questions will be published soon after he gets them back to us.

269 of 371 comments (clear)

  1. What options are out there? by TopShelf · · Score: 4, Interesting

    What do you see as the most promising means of maintaining the commercial tie between artist and audience, but in different form than today's "stone tablet", whereby a song or album is burned onto a CD with copy protection? What about enhancing other revenue streams, like fan clubs, for example?

    --
    Stop by my site where I write about ERP systems & more
  2. marketing by cybercuzco · · Score: 5, Interesting

    Have you or anyone you know done any studies of the marketing effect of free music sharing? That is, how much has the free marketing that is a result of filesharing offsetting the potential lost sales?

    --

    1. Re:marketing by Anonymous Coward · · Score: 3, Interesting

      Given that one of the largest chunks of the fee one pays for a CD goes to the "distribution" cost, one would think it would be a " win win " for both the artist and the consumer if that cost could simply be eliminated through electronic distribution. That's lower cost for the consumer + lower overhead for the publisher. What's your take on that?

    2. Re:marketing by Tyler+Eaves · · Score: 1

      Yea, of course. And online retailers charge you exact shipping.

      --
      TODO: Something witty here...
    3. Re:marketing by Chakde+Phate! · · Score: 3, Insightful

      There's a crucial difference between music piracy and software piracy. Don't forget, for the vast majority of home computer users (the majority do not read Slashdot) Windows is the only option. Furthermore, sooner or later they will upgrade, if only to be able to run other software.

      In other words, Microsoft gets no free publicity out of piracy, because it has pretty much saturated the market and very few people are now switching from other OSen to Microsoft, certainly not in the home user sector where the majority of piracy takes place

      On the other hand, in the music industry there is a great deal more choice. People don't buy music out of necessity or because there is no other choice, but because they like it. In this situation there is a real benefit to giving away the product free. See the Baen Free Library for a more detailed rationale.

    4. Re:marketing by macdaddy357 · · Score: 5, Insightful

      While Napster was online, CD sales were up. This is beyond dispute. People heard songs they liked, then went out and bought recordings, much like radio in its glory days. Best of all, Napster was a free promotion. No one had to cough up any payola to get songs listed there. Now, the recording industry has millions so angry that they don't buy CDs. So, why did your industry kill the goose that laid the golden eggs? Are you stupid?

      --
      How ya like dat?
    5. Re:marketing by jmccay · · Score: 1

      How long before the whole music industry colapses in on itself because of greed? I think we should start taking bets!

      --
      At the next eco-hypocrisy-meeting, count the private jets used to get to the meeting. Should be interesting to see that
    6. Re:marketing by macdaddy357 · · Score: 1
      Correlation is not equal to causation? Nice philosophy class mumbo jumbo. How about, "It's a fact that there are no facts." or "I can mathematically prove you don't exist." Now let's be serious for a minute.

      Napster provided free promotion. When music is promoted, it sells, unless it sucks so bad even teens don't like it. That is basic and simple. Now, during the Kazaa era, sales are down directly proportional to production being down. Considering the economy, and the millions angry at the industry, sales should be down a lot more, but they aren't. The labels have created an artificial sales slump so they can cry piracy. Here are some informative links:

      1 2 3 dozens mone can be found on external links at dontbuycds.org

      --
      How ya like dat?
    7. Re:marketing by Chakde+Phate! · · Score: 1

      No. Home users only upgrade when they buy a new pc. Most of my non-geeky friends run Windows 95.

      Perhaps, but they will eventually upgrade to newer versions of Windows, if only so that they can still keep playing the newest games. Perhaps not in the next few years, but eventually Microsoft will get that revenue (so long as they don't install pirate versions!)

    8. Re:marketing by mOdQuArK! · · Score: 1
      Correlation is not equal to causation? Nice philosophy class mumbo jumbo.

      WTF does this have to do with philosophy?! It's called _logic_, you bonehead.

  3. how much by Tirel · · Score: 3, Interesting

    percent does the recording company take from sales profits?

    do you think there's a future in online self-publishing?

    1. Re:how much by BrynM · · Score: 2, Informative
      "how much percent does the recording company take from sales profits?"
      That's actually determined contract by contract and is a question of how much of a percentage the artist gets (the royalty). The artist portion is usually small (usually 7% to 15% of the final sale margin - 15% being estabalished superstar status).
      --
      US Democracy:The best person for the job (among These pre-selected choices...)
  4. Erroneous Assumption? by smd4985 · · Score: 4, Interesting

    "Naturally, since he makes his living in the music business, Bill is not 100% in favor of unrestricted filesharing."

    Is it really the case that making a living in the music business rules out unrestricted filesharing? Might not there exist alternate business models that are fair to the artist and the consumer? What about producing music makes it necessary that selling the music needs to be the primary money-maker?

    --
    smd4985
    1. Re:Erroneous Assumption? by Anonymous Coward · · Score: 1

      what about letting arists make money from live performances only? cut out the record companies entirely.

    2. Re:Erroneous Assumption? by csimicah · · Score: 1

      Might not there exist alternate business models that are fair to the artist and the consumer?

      One would presume that these models would involve -some- form of restriction.

    3. Re:Erroneous Assumption? by homer_ca · · Score: 3, Interesting

      Jewel made a comment about this on Loveline a few months ago. She didn't complain about downloading, but did say that since it cuts in to album sales, her fans shouldn't begrudge her for finding other ways to make money like licensing songs for commercials. Now talk about mixed feelings, I've seen plenty of songs ruined forever by annoying commercials, but IMHO doing an anti-filesharing public service announcement makes you an even bigger sellout than doing commercials.

    4. Re:Erroneous Assumption? by sahonen · · Score: 1

      Ever gone into a studio to record? It's EXPENSIVE, and it takes a lot of work, much more work than what goes into any live performance. Artists should get money for their studio-recorded works just like their live works. The trick is, how can we integrate that into a P2P model? I propose subscription-based P2P networks, where you can pay $x/month to download music files (preferably Q5 or higher OGGs) encoded straight from the digital masters. Or here's an even better idea. I don't have a link, but I've read articles about the damage that hard limiting is doing to our music, and I'm inclined to agree. What if we could get OGGs of music that WASN'T hard-limited to be the "loudest CD out there"? I'd pay for THAT, to be able to hear music with actual dynamics again.

      --
      Make me a friend and I'll mod you up
    5. Re:Erroneous Assumption? by Anonymous Coward · · Score: 3, Insightful

      I couldn't afford the price of a ticket, so I snuck in through the back. But I wouldn't have paid anyway, and no one was standing where I was standing, so it's not like I was stealing, 'cause I didn't take anything. Uh, Dude?

    6. Re:Erroneous Assumption? by jedidiah · · Score: 1

      Bullsh*t.

      If a musician needs to be babysat by the like of Mutt Lange for 18 months, they should reconsider their profession. A professional musican should be able to go into a studio prepared to quickly churn out tracks. If they need to dissect their riffs beforehand, they should do it with cheap home equipment. If they can't do that themselves then they aren't real musicians and should be weeded out by the marketplace.

      Nobody should be making any excuses for pisspoor industrial engineering.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    7. Re:Erroneous Assumption? by Kenja · · Score: 1

      Spoken like a true idiot who has never spent any time in a studio. I bet you think movies should only take two hours to film and edit as well. After all, professional actors shuld be able to go on set and churn out the scene, right?

      --

      "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
    8. Re:Erroneous Assumption? by renderhead · · Score: 3, Interesting

      That's not always the truth. I realize that they're an exception rather than a rule, but the Beatles broke the most boundaries in modern music when they were no longer contrained to the stage. Their first non-performed recordings were incredible and groundbreaking because they were doing things that simply couldn't (at the time) be done live.

      A more common example is an artist who uses full orchestration on their albums but can't afford to take a full orchestra on the road with them. Or how about musicians that perform multiple instruments on their albums? These recordings aren't imitations of live performances, they are permanent records of an art form specifically designed to be recorded. You wouldn't say that Salvador Dali's paintings are shallow imitations of dreams, would you? Or that the Mona Lisa is a shallow imitation of a live model? Why apply that generalization to music, then?

      --
      I wish that my inferiority complex were as good as yours.

      -RenderHead

    9. Re:Erroneous Assumption? by 2short · · Score: 1

      Why?

      Very close to all of the music I hear is recorded. If a band is great live, but their CD is lame (true of several I've seen), then for my purposes the band is lame. If they produce a great CD, but they are lame live, then for my purposes they are great. Even if they are great live, the chances slim I will ever see them.

      What I, and I suspect many others, will benefit from most is having bands around that produce great recorded music. Why should we place value only on one very restricted medium (live acoustic music) that we'll in all probability never experience?

      That's like saying if an author can't make up an interesting well thought out story on the spot, without any research, editing or rewriting, he doesn't deserve compensation for producing the greatest novel I've ever read. That's stupid.

      Recorded music and live performance are diferent mediums. Why should an artists quality in one be judged solely by their quality in the other?

    10. Re:Erroneous Assumption? by Bohnanza · · Score: 2, Insightful

      Touring is a real pain in the ass and most artists hate it. If someone wants a home and a family, they shouldn't need to rule out a career as a musician.

      --

      -----

      Sorry, I'm only a 1336 h4x0r.

    11. Re:Erroneous Assumption? by benow · · Score: 1

      Perhaps a network where one can donate to worthy artists, such as musiclink.com (ex-FairTunes). Perhaps a donation even allows dl'ing of album .FLACs on donation. It's not a hard idea, tho the music industry is concerned more with not loosing money than making a profit.

    12. Re:Erroneous Assumption? by uunh+haun · · Score: 2, Insightful

      Actually, if they are the sole breadwinner, then they probably should. And this is the case with or without file sharing

    13. Re:Erroneous Assumption? by wavedeform · · Score: 1
      There's very little money to be made in live performances, except at the very top of the food chain. A "normal" artist (defined as a working musician, not a "star") needs to maximize opportunities to make a dime at every turn. Being able to get at least some money from the distribution of music files is important.

      A musician has to hone their skills over a long period, and put in long hours in rehearsal, songwriting, etc.

      Having relatively high-paid geeks say that they need to have free access to a poor musician's output is sort of sad (and I'm a high-paid geek, myself). Saying that musicians should make their money from live performance is sort of a "let them eat cake" attitude, IMO.

    14. Re:Erroneous Assumption? by recursiv · · Score: 1

      Hahahahaha... And how many studio albums have you worked on?

      You must not be aware of modern studio recording. The goal is not to get a song done as fast as possible. The goal is to make the song sound the best that it possibly can. Needless to say, this probably doesn't happen on the first take.

      This isn't for the original poster so much as anyone else who might think it's true, because it seems like the poster has already made up his/her mind on the subject.

      --
      I used to bulls-eye womp-rats in my pants
    15. Re:Erroneous Assumption? by recursiv · · Score: 1

      Sales. That's how. perhaps I should have added this: The goal is to make the song sound the best that it possibly can to the target demographic. Songs by the "artists" you mention may sound annoying to me, but you can't argue with the numbers. They must sound good to someone, and that isn't an accident.

      --
      I used to bulls-eye womp-rats in my pants
    16. Re:Erroneous Assumption? by DumbWhiteGuy777 · · Score: 1

      WHAT?!

      Being a musician, touring is my favorite part. If you don't like touring, you should find another occupation.

    17. Re:Erroneous Assumption? by uncoveror · · Score: 1

      Studio recordings are so plastic, and same-sounding that in the near future, teen pop albums will be made by robots, and kids won't notice any difference. Have you heard the new Cherry 2000? Yeah, she rocks!

      --
      The Uncoveror: It's the real news.
    18. Re:Erroneous Assumption? by jedidiah · · Score: 1

      You are attempting to confuse the issue.

      composition != performance
      composition != improv

      Although, any good musician (even a classical violinist) should be able to do improv. This is something that separates the real musicians from amateurs and hacks.

      However, that was not my point. Any music that can't be performed by real people in the absence of some technological crutch shouldn't be taken seriously.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    19. Re:Erroneous Assumption? by 2short · · Score: 1

      I honestly am not confusing anything on purpose. I am genuinely interested in how you can justify this statement:

      "Any music that can't be performed by real people in the absence of some technological crutch shouldn't be taken seriously."

      If I listen to a CD, and it sounds great, and I'm jumping around the living room like a fool dancing to it, why should I care what means were used to produce it? Why should I care how it would sound live? Why should I judge it based on any criteria but the fact that I enjoy listening to it?

  5. Well.. by Anonymous Coward · · Score: 5, Interesting

    Have you ever/do you often use a P2P file sharing client, and what do you think of it?

  6. Filesharing services from Apple, MS by grasshoppa · · Score: 5, Interesting

    Where do you think we might have been now had the music labels come up with legal online song swapping? Do you think we would have ever heard of Napster?

    --
    Mod me down with all of your hatred and your journey towards the dark side will be complete!
  7. Re:Never heard of you. by mugnyte · · Score: 1

    Can't you do your own research on the guy? He's not expecting the Spanish Inquisition!

  8. Should we change copyright? by Planesdragon · · Score: 5, Interesting

    The concept of copyright was concieved of way back in "ye olden days" to restrict who could and could not print books; it also conveniently allowed an author to control who profits from their works. We adapted the second cause here in the USA, and have since extended copyright to just about any form of creative expression.

    But, copyright is still a control of making a copy, which is getting to be almost farcical in a world where most creative output can be easily and near-freely copied.

    Do you think that it would be a good idea to alter copyright so that, instead of selling pubslihers a right to copy works, artists sell consumers the right to have a copy of a work, however that they want to get it and however many redundant copies they want?

    (Let's just ignore the privacy and feasability problems for the moment; statistics and security can probably fix them to be "good enough.")

    1. Re:Should we change copyright? by BrynM · · Score: 2, Insightful

      Changing copyright is exactly what these large companies are trying to do through lobbying, petitioning and legal action. They just don't have any of the comsumer's interest in mind while they are doing it.

      --
      US Democracy:The best person for the job (among These pre-selected choices...)
    2. Re:Should we change copyright? by Planesdragon · · Score: 1

      Copyright law is already written in a way that would allow that. Please read up some more on copyright law before posting questions like this.

      Not quite.

      I mean, sure, we COULD go around and make millions of signed licenses, but most copywritten works are protected by the law and not a lot more.

      Changing copyright law is like changing probate law--yes, those who just want something different can spell it out that way, but the majority of folk would still wind up being forced to use the old method because they don't want to hire the legions of lawyers necessary to do it some other way.

    3. Re:Should we change copyright? by Planesdragon · · Score: 1

      You misunderstand, Erasmus.

      I'm not advocating shorter copyright limits. I'm advocating a change in the right that copyright limits/protects.

      Instead of the right to make copies--that is, the right to fire up your printing presses and print 10,000 copies that authors sell to publishers for a royalty contract--I think that copyright should limit/protect the right of an author to decide who can have a copy of their work.

      Think of it this way: you buy my book. In the old model, each time you wanted to get a new version, you have to pay me again, and you can pass your book around to as many people as you want. In my "new model", you can make as many copies of the book as you want, inclduing paying a print shop to make you a replacement, and I don't get another dime from you--but if you let your friends borrow a copy, they owe me the $1 royalty payment (and therein gain the right to have a copy.)

  9. huh? by CGP314 · · Score: 1, Funny

    keeps the wheels cranking behind the scenes

    Was that supposed to be...

    'keeps the whips cracking'

    or

    'keeps the gears cranking'

    or

    'keeps the wheels greased'?

    Mixed metaphors hurt my head.

  10. Suing listeners? by miroth · · Score: 5, Interesting

    Do you think anything productive can emerge from the RIAA suing its user base? Do you think it will actually result in people listening to more music legally?

    1. Re:Suing listeners? by BrynM · · Score: 1

      Great question! Mod it up! An addition to it could be "Does the RIAA consider the people it is suing to be customers or is their legal position that these people do not buy new CDs and therefore are not customers?" or "Do you know of any other industry that has seen increased sales/bottom line by threatening it's user base (is this a proven business model)?"

      --
      US Democracy:The best person for the job (among These pre-selected choices...)
  11. The RIAA's claims by mydigitalself · · Score: 3, Interesting

    The RIAA continue to claim that file sharing is impacting CD sales. They do this by showing the decline of CD sales in recent years. I found some interesting quotes from an article recently:
    According to the RIAA, CD sales dropped by 10% in 2001 and a further 6.8% last year, largely because of file sharing.

    The IFPI's Commercial Music Piracy 2003 report, produced in early July, reveals pirate CD sales rose 14% in 2002 and exceeded one billion units for the first time.


    My maths therefore concludes that if you deducted the 14% piracy, then CD sales have actually RISEN by around 7% over the last year! Do the RIAA actually know why their figures are falling (pirate cds/crap music...) - or do they choose to blame it all on peer to peer networks?

    1. Re:The RIAA's claims by flappinbooger · · Score: 1

      Yes, that is a distinction I would like to be made clear to **AA et. al. Piracy is when something is copied and SOLD. P2P is not piracy, nothing is being sold. Of course, there is the problem, for some, that ... nothing is being sold... But that's not my point.

      --
      Flappinbooger isn't my real name
    2. Re:The RIAA's claims by aardvarkjoe · · Score: 3, Informative

      My maths therefore concludes that if you deducted the 14% piracy, then CD sales have actually RISEN by around 7% over the last year!

      Your maths are wrong (unless you're basing it on more numbers than you're presenting here.) You're trying to equate [percentage of CD sales] with [percentage of pirate CD sales], two values which aren't equivalent. Trying to add/subtract them like you're doing just leads to nonsense statistics (in this case, the "actually risen by 7% number.")

      --

      How can we continue to believe in a just universe and freedom to eat crackers if we have no ale?
    3. Re:The RIAA's claims by Tropator · · Score: 3, Interesting

      Maybe this article is worth mentioning (quote):

      Record sales for 'cheap' albums

      A record number of albums were sold in the UK in the last year because they are now cheaper than ever, industry figures have revealed.

      More than 228 million albums were sold in the 12 months from June 2002 - up 3% on the previous year - according to the British Phonographic Industry (BPI).


      Declining record sales huh, where?

    4. Re:The RIAA's claims by rkhalloran · · Score: 1

      The usually quoted article about the record industry's stats show they've reduced the number of new releases substantially, and only suffered slightly on revenues in the process. Add the sagging economy and the shifting tastes of their primary market (more interest in gaming, CD cost vs. DVD), and their apparent problems are almost entirely of their own making. The industry's focus on heavy marketing of a handful of artists causes problems when the teens lose interest, i.e. boy bands and This Month's Cute Chick (Brittany/Christina/Avril/???). Blaming the resounding thud of their marketing failures on Those Meddlesome Kids and their file-sharing absolves them of blame. Their promotion tactics are failing in the face of media consolidation; the radio conglomerates are happy to take their dough, then tell THEM what sort of music they want to play. The fact the recording companies are pushing for a cut of concert revenues shows they're aware their business model is breaking and they need to look elsewhere for their ongoing bloated paychecks.

    5. Re:The RIAA's claims by Lumpy · · Score: 1

      The absolutely most funny point of Pirate CD's or illegal Bootlegs that you can find in some specalty shops. are the best sellers. not beause they are cheaper, but because the Rabid fans specifically seek out this stuff. Many time the illigit CD's are more expensive and bear an "import" sticker. Like my copy of radiohead's concert in Toyko Japan, that is recorded damn well as live albums go.

      The record companies are missing the boat completely from the P2P sharing that is making a very minimal impact on their profits is not increasing them no matter how they try to spin it all the way to the illegal pirate CD's that sell better than the latest release because they offer things that the record company exec's and merketing people are too dumb to realize is in demand.

      pirate CD's are what they need to focus on... the EXACT copies of the selling CD at a discount price. the special edition pirate CD's that are of material that the record company ignores they needto snag and reproduce themselves....

      Pirate from the pirates!

      but alas, there is no one in the RIAA or the record companies that have enough brain cells to realize that giving the public what it is asking for is a good idea...

      business is about change, you either embrace it and find the way to make money with it, or you fight it and end up burning on a pyre as a failure.

      --
      Do not look at laser with remaining good eye.
  12. Re:Never heard of you. by avalys · · Score: 2, Funny

    I can answer that for him:

    "Who are you? And why should I care? I mean, it's one thing to be a nerd who reads Slashdot all day, but are you known outside of your parent's house?"

    --
    This space intentionally left blank.
  13. How about... by nizo · · Score: 5, Interesting

    Do you feel threatened by a technology that would allow artists to sell their music directly to consumers and potentially make your job and many other such jobs obsolete, saving said consumers quite a bit of $$$ as well as paying said artists quite a bit of extra $$$ and allowing these artists to retain full rights to their own creations?

  14. Share! by CGP314 · · Score: 5, Funny

    What's your username on Kazaa?

  15. Re:Go Away by CashCarSTAR · · Score: 2, Insightful

    I disagree. The producer is an integral part of the music process. A lot of the time the producer/mixer adds just as much to the sound as the artists themselves.

  16. Subscription models by mydigitalself · · Score: 5, Interesting

    If there was a mechanism to subscribe to music for a flat monthly rate, how do you think this would work along the lines of:

    1) Who would you subscribe to? Would you have to subscribe to EMI/BMG/Sony one-by-one, or would there be a number (or one?) blanket subscription for varying genres or labels?
    2) How would money be disitributed? By the number of times tracks have been listened to/downloaded?

  17. Opinion of the RIAA and its Tactics? by Anonymous Coward · · Score: 5, Interesting

    So many people outside the RIAA have a negative opinion of the RIAA, primarily because of its stance against file sharing and certainly as a result of its tactics to discourage filesharing. As someone on the inside of the music industry, what is your opinion of the RIAA? Is it a necessary evil that really does help artists? What do you think of its tactics with regards to filesharing?

  18. Re:ummm... by radiumhahn · · Score: 2, Informative
    It's not a troll. Its a valid question.

    He is going to take one of two stances:

    1) He likes file sharing but there needs to be a way to protect digital rights so record companies can make money.

    2) He is againt file sharing.

    At the end of this exercise what is he going to bring to the table?

    I guess I was unaware of the ask a question so long as it's a sugar coated fluffy soft pitch of a question policy.

    Slashdot (Score: -1, Censorship)

  19. RIAA logic by Tet · · Score: 5, Interesting

    With album sales reaching an all time high (at least here in the UK -- I assume the US is similar), why does the RIAA keep insisting that online music is killing the industry? I personally download music from the net as a taster to see which CDs I should buy. I appreciate that there are some who do it purely to avoid having to spend the money, but the evidence seems to show that it's not a big enough problem to be hurting the industry. Do you think that this situation will continue, or will the balance swing towards more people avoiding buying music that they can download for free?

    --
    "The invisible and the non-existent look very much alike." -- Delos B. McKown
    1. Re:RIAA logic by greenius · · Score: 3, Interesting

      Same story also reported on BBC News

      This seems to support the view that declining sales may be due more to the high costs of CDs than to file sharing... ie. lower the price and sales go up.

      --
      I copied this sig from someone else (but where did they get it from?)
    2. Re:RIAA logic by Funkeriffic+Toad · · Score: 2, Informative

      The article linked to in the parent makes several very interesting points. First, it focuses on the slump in singles sales, something that has been very under-reported at least in US media. It should be noted that this slump was already apparent when Apple's iTunes went online, and it almost certainly can be attributed in significant portion to filesharing services. After all, the idea of a single is to get a sample of the tracks available on the entire album, often before the album as a whole can be purchased. With filesharing making this possible for free (or for cheaps, via Apple and similar services), as opposed to a hefty $4-6 per disc, the choice for consumers seems to be an easy one. To reiterate, singles are almost definitely a market in which the effects of filesharing have been felt strongly.

      That being said, Mr. Evans, do you think that this is a Bad Thing? Given the availability of new technology that improves the listening experience for consumers, not necessarily at the cost of artist compensation, does the single still have a place in today's music market? (If so, what is that place?)

      The article linked to in the parent also mentions a surprising decline in UK album prices, apparently in response to supermarkets which can offer extremely low prices. It is interesting to note that as far as I've noticed, a similar price-war phenomenon has not manifested itself in the US. For Mr. Evans: do you have any thoughts on competition and pricing in the music industry? To what extent do the major labels operate as a music cartel? Also, I've heard that the major three labels control a ridiculous percentage of the market. I get the impression that you a somewhat smaller producer. As such what is your personal attitude towards this situation in music publishing?

      Finally, as a music industry insider, what is your perception of the industry's attitude towards technology as a whole? Is enthusiasm to embrace services like iTunes prevalent, or do many distributors/producers of music still wish to cling to what many consider outdated business models for music publication?

    3. Re:RIAA logic by red+floyd · · Score: 1

      Who releases singles? I haven't seen a single since the days of '45s!

      --
      The only reason we have the rights we have is that people just like us died to gain those rights. -- Cheerio Boy
  20. Ask the music industry about filesharing... by Anonymous Coward · · Score: 4, Funny

    isn't that like asking Sauron about his feelings on freedom in Middle Earth?

  21. Re:Never heard of you. by rokzy · · Score: 2, Funny

    NOBODY expects the Spanish Inquisition! Our chief weapon is surprise...surprise and fear...fear and surprise.... Our two weapons are fear and surprise...and ruthless efficiency.... Our *three* weapons are fear, surprise, and ruthless efficiency...and an almost fanatical devotion to the Pope.... Our *four*...no... *Amongst* our weapons.... Amongst our weaponry...are such elements as fear, surprise.... I'll come in again.

  22. Where does the RIAA Buy it's Evil? by Picass0 · · Score: 4, Funny

    No, really, it's a serious business question.

    -- Bill Gates
    Microsoft

    1. Re:Where does the RIAA Buy it's Evil? by BrynM · · Score: 4, Funny

      They siphon off the excess evil that is in each artist's Deal With The Devil contract. They then refine the evil to a more pure and usable form. The Devil can always be relied upon for spilling extra evil on his contracts with artists.

      --
      US Democracy:The best person for the job (among These pre-selected choices...)
    2. Re:Where does the RIAA Buy it's Evil? by rajr · · Score: 1
      They bought some of the leftover "concentrated pure evil" from the filming of Time Bandits.

      Jack Valenti brokered the deal of course.

  23. old vs new by koekepeer · · Score: 5, Interesting

    People tend to complain a lot about the profit margins in the music industry, and use this as an argument to not buy CD's but download them. Furthermore, a lot of people complain that copying their collection is just fair use, and they feel restricted in their rights by the recent developments in DRM. Without the music industry however we wouldn't have CDs to rip, or DRM protected tracks to download ;)

    We (consumer and industry) obviously need each other.

    So my question is:
    Can you think of (a) profitable business model(s) that would *not* use DRM?

  24. Where does the money go? by stames · · Score: 5, Insightful

    I'm a big advocate of the prosperity of music artists, especially small-time ones. I go to a lot of concerts. I like to buy indie music direct from the band. I generally try to avoid buying music from big-name production houses because I'm sick of all the gratuitous and pervasive advertisements and endorsements that come along with it.

    That being said, my question is (and I hope you can even answer this): when I lay down my $15 for a CD, where does that money go? How much goes directly to the artist? The producers? Publicists and people in your position? Record company CEOs? Charities? Etc etc.

    Basically I'm concerned that if I fork over $15 because I really like the music, I think that a big portion of that should go directly to the artists themselves, but in reality $14.95 is ending up making CEOs wallets fatter.

    --j

    1. Re:Where does the money go? by iapetus · · Score: 3, Informative

      Just in case this one doesn't get answered, here's one answer.

      --
      ++ Say to Elrond "Hello.".
      Elrond says "No.". Elrond gives you some lunch.
    2. Re:Where does the money go? by chaotcspidrmnky · · Score: 1

      Based on those stats, if I download an entire album, thereby skipping the retailer, distrubutor, and duplication ( I'll take half of the duplication/recording amount ), I'm down to $9.05.
      I don't think I need to pay for giveaways either (though I'm not sure what that includes). Now its $7.25
      If I cut out the record label, its down to $2.33.

      Maybe I think the label deserves some money, so I'll give them a buck to make it $3.33.
      I'll even almost double the artist's royalty with another *whopping* $.67 to bring it to an even $4.

      Assuming each song on an album is of equal worth and about 10 songs per album (easy math), a single song should cost me no more than 40 cents. That's cheaper than a candy bar. I think I might have enough in my couch for a few tracks.

      That's my demand, where's the supply?

    3. Re:Where does the money go? by swb · · Score: 1

      I was told by a recording engineer that a typical big-name album recorded at a high-end studio in NYC costs around $500k; tripling that cost to include overhead, marketing, etc would mean a break-even point at about 100k copies @ $15 each.

      I'd wager that many big-name bands costs are much less, perhaps around $100k for recording costs; add on another $500k for overhead and you need to sell more like 40k copies.

      I can't help but think there's a lot of money lost due to poor cost constraints. It would appear easy to make a ton of money without selling that many records. Or lose a ton of money if you put $1.5M into every screamer with a funny-spelled name who didn't sell any records.

  25. Re:Go Away by kfort · · Score: 1

    What the fuck dude. He's not a producer. Kansas Tribute Album? Some soundtrack that hasn't come out? I'm not against producers I'm against 'publicists'. This guy is not a real producer.

  26. Reform by chrisgeleven · · Score: 5, Interesting

    Does the music industry need some type of reform, especially in the area of contracts and artist rights?

  27. Is it really all about control? by smack.addict · · Score: 5, Interesting
    I have always felt that the piracy argument is really a red herring for the record companies. What I believe they really fear from online distribution of music is losing control over the marketing of new music. In other words, under the current model in which there are few channels for large-scale exposure to new music, a record company can concentrate their marketing dollars on a few key artists.

    Online distribution undermines this model and forces the record companies to spend more marketing dollars as a percentage of revenue. The success of iTunes seems to support this. While it is successful in terms of the # of songs sold, no handful of artists dominates its sales as with traditional channels.

    So my question comes in a couple of parts. First, is all of this stuttering towards an online distribution system really more about control? If so, given that the iTunes experiment seems to bear out the thesis that online distribution costs them in control, how will we ever get to online music distribution that is equitable for everyone involved instead of one weighted towards big record companies or towards music pirates?

    1. Re:Is it really all about control? by rajr · · Score: 1
      I would agree this is about control, strangely this is not spoken to with any frequency. The labels stand to lose most if not all of their control in the event there is a major distribution shift in music product. There was a major shift and there is no turning back now. Reminds me of prohibition in some ways. That is the battle lines the RIAA has drawn. Work to outlaw something the larger community wants to engage in.

      Allow me to take this up another level.

      To paraphrase Lawrence Lessig, the control they seek is of "culture". If you accept that much of culture in our society is commuted through music and film, then you may begin to see that the RIAA and MPAA have evolved beyond controlling their respective businesses and are on the precipice of controlling certain aspects of the transmission of culture in our society.

      Look at the top lobbys in congress, the RIAA is strangely in the top 5. Why should they feel the need to spend millions and millions on public policy. The tech lobby on capitol hill is tiny by comparison, although the market for tech product is an order of magnitude larger.

      Peoples opinions may vary, but I remember back to the Fall of 2001, during the creation of the Homeland Security legislation. A friend on the hill informed me that the RIAA was trying to insert language into said legislation affording them freedom from liability in the event they hack someones computer insearch of copyright infringments and "accidentally" destroy said computer. Imho this is a total abuse of power.

  28. Changing the way contracts are written by djrosen · · Score: 1

    Is it feasable to pay the artist up front for the work much like most other professions so that the artist is not dependant upon royalties?

    This way the artist concentrates on making good music that people want to listen to and so the PR/Production companies/Publisicts are held to the candle for publishing garbage.

    This way the loss isnt incurred by the artist but rather by people just trying to make money on Quantity rather than Quality.

  29. Cure cancer by killing the patient by Choco-man · · Score: 4, Interesting

    Why does the entertainment industry seemingly ignore large scale pirates who are making money off of selling copies and obviously detracting from sales, and instead target hoards of college kids who have no money to pay the court costs/settlement, and are not profiting at your industries expense? Don't such actions largely result in a bitter taste in your consumers mouth, leaving them less inclined to either halt actions which the industry deems inappropriate, or less apt to embrace alternative solutions put forth by the industry?

    1. Re:Cure cancer by killing the patient by rkhalloran · · Score: 1

      Because most of the actual pirates are offshore and effectively immune to prosecution by the RIAA, while slamming a couple of college kids provides (to their minds) an object lesson to discourage P2P among their primary market, though in some cases it's backfired.

  30. Umm... lower price point? by Kjella · · Score: 3, Interesting

    My maths therefore concludes that if you deducted the 14% piracy, then CD sales have actually RISEN by around 7% over the last year! Do the RIAA actually know why their figures are falling (pirate cds/crap music...) - or do they choose to blame it all on peer to peer networks?

    Of course pirate CDs increase the total *volume* of music around - do you really think people could afford the kazillions of dollars of "free" mp3s (or at a fraction of the cost at a pirate shop) at retail price? Their argument is that pirate sales (which earn neither them nor the artist anything) are replacing normal CD sales, thus lowering their profits.

    Kjella

    --
    Live today, because you never know what tomorrow brings
    1. Re:Umm... lower price point? by Noren · · Score: 1
      Even on slashdot, I suspect that most people would agree that pirate CD sales (i.e. making illegal copies of CDs which look like the commercial product and selling them for a profit as if they were authentic CDs)are something music companies are justified in prosecuting.

      The copying and use without profit over peer-to-peer networks is the grey area, and one which the true pirates (those who mass-produce and sell as if it were an authentic product) mostly don't need or use, as they'd need a copy of the authentic packaging anyhow.

      Unlike users of peer-to peer networks, there's a good chance people buying authentic-looking pirate CDs marketed as authentic at near retail price would have bought the real thing in the absence of the counterfeit.

  31. Ultimate game plan? by mao+che+minh · · Score: 2, Interesting

    How does the music industry intend on ultimately dealing with music theft? Are you relying on the prolonged use of litigation against individual thieves to spread fear through the general populace, or do you intend on lobbying for legislation that will aid you in your fight against the thieves?

  32. P2P vs. Radio by CashCarSTAR · · Score: 5, Interesting

    Considering the consolidations in the radio industry, and the hostility against webradio, People such as myself find no place other than P2P to turn to for new music. In your mind, what is the best potential copyright-friendly solution to the problem of a lack of venues for new (and classic) music exploration?

  33. the future by McAddress · · Score: 4, Interesting

    Do services such as the iTunes Music Store, Buy Music really represent the future of music like Steve Jobs and Scott Blum would like us to believe, or are they just another way to deliver music along with CD's, cassetes, and the radio?

    1. Re:the future by jolshefsky · · Score: 1

      As a corrolary to that question, is the business model presented by such stores viable? I assume major labels had examined many variations on online music and ruled it out as not profitable. Is that the case? I guess Sony did try it, but I wasn't very interested in the small selection they offered, but I haven't seen any other label even suggest they're making an online download store.

      --
      --- Jason Olshefsky

      Karma: Poser (mostly affected by adding this line long after everyone else did)

  34. Do you consider this stealing? by BrianUofR · · Score: 2, Insightful

    If I download an mp3 off a file-sharing network, that's stealing. Because I'm not going to buy the album now, and that's a tangible loss of revenue for the record label. Lost revenue = stealing.

    But what if I had no intention of ever buying the album. In other words, the probablity of revenue from me from that album was exactly zero. Then I download the tracks off kazaa. How am I hurting the label? How am I stealing?

    The labels imply that the Opportunity Cost of an "illegal" download is buying the album. What if it's not?

    1. Re:Do you consider this stealing? by Anonymous Coward · · Score: 1, Insightful

      You are still stealing. The price you pay for the music and media are meant to give you the right to listen to it (the music)at you convience. Since you have taken that right without compensating the author of the music you have stolen. Don't try to rationalize it. Downloading music without paying is stealing, pure and simple. So you're a thief. There are worse things that you could be. Accept yourself for the thieving soul you are. You will lead a happier life.

    2. Re:Do you consider this stealing? by Vindicator9000 · · Score: 1

      Hate to tell you, Mr. Self-Righteous Troll, but Copyright infringement != stealing. Copyright infringement is copyright infringement. Intellectual property is a governmental creation. It may be necessary, and it may be wrong to infringe on copyright, but it is not wrong in the same way that breaking into your house and stealing your Metallica CD is wrong. Copyright infringement is illegal because you're denying someone potential income from their work. Imagine this: you buy the new Metallica CD and soon realize that it's a piece of crap. You give your copy to someone else, who was intending to buy it. In this case, the record company has just lost potential revenue, yet this is not illegal (yet). In this case, you have "stolen" potential revenue from the record company (by your use of the word stolen), yet not done anything illegal. Point: Copyright infringement is much more of a legal gray area than you want to believe.

  35. Financial Impact? by Gothic_Walrus · · Score: 5, Interesting
    It has oftentimes been claimed by the RIAA that the sharing of MP3s online has led to a decline in CD sales. Others have claimed that the decline is due to the practice of pirating CDs or the lack of "good" music. In any case, all have agreed that sales of CDs have fallen.

    In your opinion, what do you feel has caused the greatest financial impact to the music industry? If the answer is not "file sharing," then what is the industry doing to combat the problem?

    --
    Goo goo g'joob.
    1. Re:Financial Impact? by Ratphace · · Score: 2, Interesting


      The best answer I have heard is that the big "boom" of everyone converting their music collections to CD (from cassette, vinyl and 8 track) is done and logically speaking it will never happen again, as that boom was a one time good deal.

      I think that is far and away the #1 reason for the "drop" in sales...

    2. Re:Financial Impact? by burnetd · · Score: 1

      I think the number one reason is that they are releasing a lot less new albums.

    3. Re:Financial Impact? by kaltkalt · · Score: 1

      Don't forget we are in a global recession. Every industry, especially those selling stuff other than food, life-saving medical services, and necessities such as electricity and porn, are all suffering declined sales. When we can barely afford to pay our rent, that $18.99 CD is out of the question. Maybe if the recording industry weren't so into price fixing, and CDs cost $4 like they should, they wouldn't be experiencing lost sales due to the economy. Either way, very few lost sales are due to people who downloaded the songs but are too cheap to buy the album. I don't know a single person like that. I do know plenty who have decided recently to never buy another album again due to the RIAA's actions, however.

      --

      Stupid people make stupid things profitable.
    4. Re:Financial Impact? by Vindicator9000 · · Score: 1
      That's probably a big reason, but I think there are two bigger ones:

      1. File sharing and the internet is enabling people to find good music that has absolutely no ties to the major labels. To the labels, this is the scariest part of the whole scenario - they've lost their monopoly over the distribution channels. We all know from econ 101 that almost anytime a business moves out of a state of monopoly to a state of competition, the business's profits will decline.

      2. The industry is still wasting millions on marketing that is almost not needed anymore due to the vast amounts of free marketing that the internet provides. Now, any idiot with a computer and a guitar can get his/her song heard by anyone, at almost NO COST to the musician. The labels tell us that it costs some $8 or so to make a CD (with recording/marketing costs figured in). The problem is that, while they're dumb enough to keep paying that, we're not dumb enough to believe it.

  36. Options by Snaller · · Score: 2, Interesting

    I doubt you agree with those who find Copyright basically amoral, but how do you feel about developing new business models instead of bullheadedly sticking to the old ones(as the music industry seems to be doing). Once the movie industry angrily fought the video recorder (the US supreme court almost outlawed it), then someone woke up and started selling prerecorded tapes and the industry made a bundle. Now we can see, in Europe at least, the the music industry is making a fortune selling ringtones to mobile phones (in Europe you pay to call someone, not to recieve a call so just about everybody from 7 to 90 has one) - Spock believes there are always possiblities - do you agree?

    --
    If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
  37. Can it be stopped? by Capt_Troy · · Score: 1

    do you think that the music/movie industry will ever be able to stop the digital piracy of their content?

    If so, how? If not then how will they survive as online trading becomes more prolific.

    Troy.

  38. A few questions by MImeKillEr · · Score: 1

    1. Who determines the value of each 'pirated' work?

    2. Doesn't anyon realized that allowing people to listen to tracks of music they wouldn't otherwise be exposed to *prior to purchase* is a good thing and will actually lead to increased sales?

    3. Has anyone discussed the idea of dropping prices of CDs in hopes of curtailing the 'rampant level of piracy'?

    --
    Cruising the internet on my TI-99/4A @ a whopping 300 baud!
  39. Union of Musicians instead of labels? by prime_implicant · · Score: 1

    Would it be viable to create a union or a label for musicians that will represent them on sites that sell music online? I'm assuming that such label would pass almost all profits to musicians, minus administrative cost. I think the current system of five (or so?) major labels is unworkable, because they seem very uncooperative about licensing songs to others.

  40. getting the word out by OfficerNoGun · · Score: 1

    I've always viewed my mp3 experiences as getting "getting the word out" on bands. Most of the stuff I download is from smaller bands on smaller labels (which has the added benefit that I would be a very unlikely RIAA target). To me the downloading of an entire album with no intent to re-imburse the band is kinda stealing, and im not really intrested as online music as anythign other than marketing. Do you think that the labels could stand to release some free music (singles, etc) as marketing tools? My thinking has always been give a little music away, if I like it I'm buying the CD, and im probably going to come to your concert (but then again the indie nature of the music leads its self to 10$ cds and 10$ shows).

  41. Old music of lower commercial value? by Anonymous Coward · · Score: 5, Interesting

    I joined the Apple Music Store. I presently possess about a hundred or so .MP3 files downloaded from Napster/AudioGalaxy/Kazaa/Limewire.

    I decided to see how many of these files were available legally from the Apple store, out of at least two motives: curiosity about the effectiveness of corporate-driven, rather than fan-driven music distribution, and a genuine intention of replacing my unpaid-for files with paid-for versions.

    It turns out that almost none of the files I'd downloaded were available through the Music Store.

    The reason is simple. I am interested in all sorts of old stuff (20's, 30's, 40's, 50's) and weird stuff (novelty records, things like Bernard Cribbins 'Ole in the Ground, etc.)

    When fans share files, it makes available almost the entire history of recorded music.

    When music companies sell files, the range of what's available is much, much smaller. For example, when it comes to popular music of the fifties, most of what's available on the Apple site comes from one companies single series of CD's entitled "so-and-so's 16 most requested songs."

    How do you set up a fair system that pays artists but still allows for the continued preservation and availability of items that are so old or unpopular that their commercial value is very, very small?

    How can you avoid the "dog-in-the-manger" phenomenon of companies that will neither make material available nor give permission to others to make them available?

    1. Re:Old music of lower commercial value? by rmohr02 · · Score: 1

      Maybe a better question, but probably not one the interviewee is qualified to answer: Why does copyright need to last so f*cking long?

  42. iTunes vs. BuyMusic by mblase · · Score: 5, Interesting

    The iTunes Music Store has what's generally considered the most sensible approach to DRM: share with no more than three computers on the same subnet, burn to no more than 10 CDs without changing your playlist, and make this apply to every downloadable song. In contrast, BuyMusic.com has much more restrictive DRM and they change with every song. In your opinion, do either of these stores have DRM "done right"?

  43. More business for you? by GreenCrackBaby · · Score: 4, Interesting

    I have a friend who also has his own music studio and has worked with some pretty amazing talent. In talking about the current state of the music industry, he has two interesting observations:

    1. The music industry is impacted negatively by file sharing, at least at some level.

    2. That his studio is most certainly not harmed by filesharing, but in fact is seeing a rather large increase in business as more bands try to get a decent polish on their work so they can get their MP3s out there.

    Do you think this is just annecdotal, or true for most music studios?

    --

    "The market alone cannot provide sufficient constraints on corporation's penchant to cause harm." -- Joel Bakan
    1. Re:More business for you? by Vindicator9000 · · Score: 1

      What about the thought that the industry is more negatively impacted by the small studio's legal file sharing than by the illegal filesharing of major label music?

  44. Commercial Services? by Gothic_Walrus · · Score: 1

    What do you think about commercial music downloading services, such as Apple's iTunes service? Will they still be successful in five years? Are they fair to the artists and the labels? Is it really fair to restrict use of what has been legally paid for (such as only being able to listen to it on a PC or burn the file three times), as earlier services have done?

    --
    Goo goo g'joob.
  45. Record CD sales? by perly-king-69 · · Score: 5, Interesting

    Here in the UK that CD album sales are at an all time high with a 12% rise in sales this year.

    Would you like to comment on that, given that

    i) there are no similar RIAA anti-piracy actions being taken here,

    ii) average prices have fallen to below the psychologically important 10 barrier?

    --

    --
    This sig is inoffensive.

  46. Transfer of rights? by jcsehak · · Score: 2, Interesting

    Right now, it's commonplace that a person or entity can own the rights to a song, even though they took no part in its creation (Michael Jackson owning the Beatles songs, Columbia owning Robert Johnson's tracks, etc.). Is there a good reason why the music community stands for this, because I can't think of one.

    Wouldn't it be better for all music creators if an artist got 100% of the song rights, and split the recording rights with the label, 50/50; and this was mandated by law, and couldn't be signed away? Am I missing something? I would think that artists would be banding together in droves for this cause.

    --

    c-hack.com |
    1. Re:Transfer of rights? by Gaijin42 · · Score: 1

      Why should music be different than book publishing, magazine publishing, computer programming, or any of the thousands of other occupations that involve authoring works for hire?

    2. Re:Transfer of rights? by jcsehak · · Score: 1

      Book publishing? So Stephen King gets no royalties when they make a movie of one of his stories? I doubt it.

      Writing code is like recording a song. The audio engineer "works for hire," like a programmer. The business owner, like the musician, has the vision. Two totally different things.

      --

      c-hack.com |
    3. Re:Transfer of rights? by Gaijin42 · · Score: 1

      Actually, in this case, the buisniess owner has the capitol, just like the record studio. (Which is why they take all the profit. They also take all the risk)

      Not that I thikn this is fair, but is certainly the truth.

      It is not up to the recording studios to change. It is up to the musicians to either a) be their own stuido, or b) find some other buisiness model that satisfies them.

      As long as the recording studio is involved, they will continue to act in the way that generates themselves the most profit.
      (Just like the musician, and just like the listener)

      Times have changed, the studio isnt needed as much as they were in the past, but you are a fool if you expect them to go quietly into the night.

  47. Resistance is Futile by curtoid · · Score: 1

    It's fairly easy to gauge that this latest generation of "consumers" are not satisfied with the previous generation's mindset, and, as a result are cynical with regard to "producers" that do not actually "produce", but seem to take advantage of their monopoly position and leverage it against both the artists _and_ the listeners to make the most money. Like a swarm of bees that can drive away a bear, this generation will most likely not slow down, nor stop tearing at the adversary until the value received (i.e. Listening enjoyment) is higher than price paid (Cents/Track). This is the basis of a market economy - get used to it.

    When will the model adapt to the market? (e.g. $0.01 per listen, or $0.25 for permanent storage)

    A). 2 Years
    B). 5 Years
    C). 10 Years
    D). None of the Above (Everyone will be in jail)

  48. Would prices really drop if there was no pirating? by hardaker · · Score: 4, Insightful

    One of the things that major media distribution companies (including music, video, games, etc) argue is that the only reason the prices are so high on media is that piracy of their product makes the prices go up. Many, however, are not convienced of this argument and think the prices would likely stay the same and the profits of the company would be the only thing affected (which is what I think annoys most of the users of the world: that the cost is so high when production costs are so low). Do you have a feel for whether on at least whether the music industry really would lower the prices on all its media if the piracy came to a sudden end, or do you think the prices would just stay the same?

    --
    The next site to slashdot will be ready soon, but subscribers can beat the rush and start slashdotting it early!
  49. Re:Never heard of you. by mkelley · · Score: 1

    Sorry, not a linux geek here. Just get sick of having people posted online as someone great. Wow, you mean you're going for a PhD...let me kiss your feet. Nothing but sheep here online. Just follow your masters, jackass.

    --

    m.kelley
    life is like a freeway, if you don't look you could miss it.
  50. Filesize/Quality per price by BirksNCap · · Score: 2, Interesting

    What of the possibility of music downloads based on quality? I offer as a suggestion that if someone wants to purchase, for instance, a FLAC copy of a song, in lossless compression, at say, 80 cents per song [ making most average albums at around 8-10 dollars, a price point that has worked well to stimulate demand in the past ]... but someone else might only want an OGG or MP3 in a lesser quality [ lossy compression = lower quality! ], at perhaps say, 192 bitrate, for approximately 40 cents a track. If we're only getting a percentage of the bits, why are consumers asked to pay roughly the same as for professionally mastered audio data? A typical MP3 or OGG is roughly 1/4 to 1/10 the size of the original audio file, meaning 75-90% of the data has been discarded, yet the price for downloads on for-pay systems is such that consumers pay for the full price of the full quality file. We're in effect paying for bits we didn't receive and cannot reproduce with accuracy! I would advocate a system in which the price per track was directly related to the quality of the track downloaded. This would encourage more try before you buy, and even give a bone to the RIAA's member firms in terms of SOME compensation for their tracks? Why haven't we heard any type of investigation or interest by the RIAA firms in this type of system? Thanks for your time!

    --
    "To strive, to seek, to find, and not to yield."-Tennyson
    1. Re:Filesize/Quality per price by bedeutungslos · · Score: 1

      That's not what lossy compression means at all. The file itself is only %10-%25 of the size, but the nature of compression is that you are sending instructions to rebuild the file, not the file itself. A very small amount of the data might be lost in complicated parts of the song, but you are getting nearly all of the data (much, much more than %10-%25).

    2. Re:Filesize/Quality per price by RetroGeek · · Score: 2, Informative

      That's not what lossy compression means at all.

      Lossy compression means just that. Compression where part of the original information is lost.

      Lossless compression means that ALL of the original information is preserved.

      Lossless is used for storing information that MUST have completeness, such as programs, documents, source code, etc.

      Lossless compression can be used where the missing information is not critical. For instance, the human eye cannot see 16 million individual colours. So a lossy compression (JPEG) can drop certain colours without apperant loss of image quality.

      Similarily audio lossy compression drops things that the human ear cannot hear.

      The amount of information lost can be altered, but the less information lost, the bigger the file, and the closer it is to the original.

      --

      - - - - - - - - - - -
      I am a programmer. I am paid to produce syntax not grammar. Deal with it.
  51. I think I speak for most of uswhen I say... by Cinnamon · · Score: 1

    He's publicized what?
    He's produced who?
    He's worked on what soundtracks?

    Am I the only one who's heard of none of these entities besides Ogg and Clark U? (And I'm not even sure I've heard of the latter.)

    No offense to the guy, he's probably quite smart. But his credentials don't seem particularly impressive on the subject of RIAA experience.

    --
    -- If we were in any other industry they would've shot us a long time ago.
  52. Goin against the /. grain by Hethcox · · Score: 1
    To my mind the music industry is between a rock, filesharing, and a hard place, the expense of developing large commercially successful artists. All of the 'solutions' I hear about (subscriptions, pay-by-the-song, etc.) indicate a larger number of smaller acts producing individual songs instead of albums.

    This might generate acceptable revenue, but revenue growth is unlikely.

    My question is: Am I full of it?

    Followup question: How beholden are the RIAA companies to retail record stores? Are they willing to endorse a large-scale online distribution system that will largely end traditional record stores?

  53. Your new roles by teamhasnoi · · Score: 2, Interesting
    As a producer, I'm guessing you use p2p to nab some songs that may be in the back or your head and that you would like to duplicate the 'feel' of aspects of a certain producer's style. How has p2p affected your production style? Has it helped solidify ideas, or bogged you down with distractions?

    ...AND...

    I am currently in the process of removing my music from buymusic.com, who acquired it and is selling it illegally. What resources do independent artists have when fighting against the very industry that professes to protect musicians? Is copyright infrigement a one way street leading straight to the bank for large companies?

    As a publicist, do you see distribution via p2p as a growing trend for your more/less established artists? I notice that the link to Neil's site only provides small samples of music. Do you encourage making entire songs available at low bitrate samples? Does p2p make this a moot point?

  54. RIAA pay cuts, maybe? by Weaselmancer · · Score: 1

    With the RIAA's heavy-handed behavior and random lawsuits, a lot of people who engage in music swapping tend to take on a Robin Hood/Boston Tea Party philosophy about what they're doing. They take from the rich, and give to the poor - and don't feel bad about it either since everyone knows that the artists make about a nickel of that $13 you shell out for a CD, and the RIAA uses the rest to line their pockets, maintain their near-monopoly, hire lawyers and lobby congress.

    So as a possible remedy, do you think the RIAA brass would be willing to take pay cuts and fork over a better percentage to the artists/producers in order to beat that image?

    If file swappers actually felt like they were bilking the artists they love, it'd be a different matter.

    Weaselmancer

    --
    Weaselmancer
    rediculous.
  55. My question is by Muttonhead · · Score: 1

    Say, who cut your hair?

  56. Re:Get The Lead Out by rzbx · · Score: 1

    That is all about DRM and related technologies and they are already working on it. Problem is, well, I'll be writing for atleast 10 minutes explaining the problems. So I suggest you do a search for "DRM problem" or something like that.

    --
    Question everything.
  57. Why won't artists support thte alternatives by Albanach · · Score: 3, Interesting

    Alternatives to file sharing such as the subscription based Rhapsody and non subscription based I-Tunes are offering quality music for an almost reasonable fee and artists receive royalties. Why is it that some of the biggest names in music who, by definition are hit the hardest by file sharing, won't allow their music to be available via these new distribution methods?

  58. He shouldn't by jcsehak · · Score: 4, Interesting

    Many musicians don't even know how to check their email, much less run Pro Tools. Also, as a producer, his job can't be replaced by a computer. To get a good sound, you still have to use a good studio and hire trained engineers.

    Then, after the CD is finished, you can try to use technology to bypass traditional marketing, but right now, it's a joke. Selling your music directly isn't a problem for anyone. Marketing your music, that's the rub. Fancy as the internet is, the most effective way to sell music is to force-feed it to the people directly, through radio and MTV. That's not gonna change for a long time.

    --

    c-hack.com |
    1. Re:He shouldn't by drakaan · · Score: 1

      I disagree with your take on marketing...surely some savvy person could find a way to promote music on the internet (search engine anyone?) put in a few meta "keywords" "rock, metal, cars, chicks, music, fire, beavis" on a page where you offer a sample of the tune in question. Marketing isn't science, it's repetition and saturation...get something in front of people's eyes enough times, and they'll look at it. This means that (for typical internet users, at least) there are a number of ways that artists might get their own material "out there"...just having it hosted by an impartial online music retailer would help...charge a flat percentage based on the size of the download (to offset bandwidth costs)...it'd be beautiful. Smaller artists could get recognition based on word-of-mouth and number of downloads...only downside is that small-time musicians would have low-quality recordings until they got popular enough to afford good recording equipment, but poor recordings seldom hamper good music.

      --
      "Murphy was an optimist" - O'Toole's commentary on Murphy's Law
    2. Re:He shouldn't by BrynM · · Score: 1

      My roommate, who is a DJ and Rapper, has bought plenty of original music from guys he has met riding on public transit, of all places. Lot's of small hip-hop artists are masters of salesmanship and networking. The only way for them to feasibly get by is to sell their product somehow. Even if they don't know how to use a computer, they will find someone who does (it has even been me a couple of times). Mind you, they won't be selling MP3s online anytime soon, but they are quite resourceful and will eventually find a way if it becomes lucrative (and don't you dare tell them that I have some idea of how to script a site to sell MP3s! I'll never get any peace!). The thing that strikes me as odd about these types is that they don't dream of a contract, they dream of having their own label. Hip-Hop seems to always know where the money is, even if they don't always manage the money well once they get some.

      --
      US Democracy:The best person for the job (among These pre-selected choices...)
    3. Re:He shouldn't by recursiv · · Score: 1

      "Small hip hop artists" are a dime a dozen. I'm not saying they're not good, but they aren't in short supply either. These artists aren't exactly moving large numbers of units. There's no significant revenue stream. What you didn't address is that this is small time stuff, and labels aren't interested. They deal with real money, and the only way to sell that many records is to advertise like the grandparent post said, through radio and MTV.

      --
      I used to bulls-eye womp-rats in my pants
    4. Re:He shouldn't by TabsAZ · · Score: 3, Insightful

      Saying that getting a good recorded sound requires hundreds of thousands of dollars in a huge studio and a team of engineers is completely false. I have heard full albums produced in a bedroom using Pro Tools on a normal PC or Mac that easily rival major studio quality. The way that home recording technology is progressing, the major studio is going to be made almost completely obsolete. Check out someone like BT (he makes a kind of progressive electronic style of music) - his albums are 100% recorded, engineered, mixed, and mastered at his home studio using Logic 6. Tell me his music doesn't sound professional. Another great example - A Perfect Circle - their guitarist Billy Howerdel is a Pro Tools master and recorded their first CD at their own studio and probably the upcoming second one as well. Sure, people from an older generation like The Rolling Stones or other bands like that aren't going to understand how to use Pro Tools and the like, but current up and coming artists who've grown up with computers their whole life sure as hell are going to be capable. Industry executives have very good reason to be concerned - the only barrier remaining to a band that wants to be completely self-sufficient with their music is distribution. As soon as a system arrives that allows artists to securely sell their own music online and make a profit, it's going to mean the death of the old-fashioned recording industry.

    5. Re:He shouldn't by BrynM · · Score: 1
      That is the same reaction the "good 'ol boys" of country music had about rock in the late 50s. Remember that with there being so many of them, they are becoming a collective voice (I can verify that, because I've seen groups of them network at shows). Commonly used "little guy" techniques eventually become standards as well. I know that hip-hop is an estabilished genre, but the means of printing your own CDs is relatively new and they are taking advantage of it quickly and fully.

      I thought that my comment about dreaming to run their own label addressed their MTV/Media aspirations. To me, this illustrates that the small entrepeneur knows what the current business model is and is trying to climb their way up. Most successful musicians, producers and managers have peddled their wares from their pocket (i.e.: selling CDs on the bus) at one point or another. The truth is that musicians all together are a dime a dozen on a two for one sale, not just Hip-Hoppers.

      Comment relevance mileage may vary...

      --
      US Democracy:The best person for the job (among These pre-selected choices...)
    6. Re:He shouldn't by jcsehak · · Score: 1

      Check out any of my stuff (see sig). The later stuff sounds very professional, and it was all done using Pro Tools in my home on my mac. But still, it's not cheap. I never said hundreds of thousands, but I have thousands of dollars of equipment, maybe (but not more than) ten. A full band might need much more than that. Plus, it's not like you just buy the gear and all the sudden it sounds great. You need someone who knows how to record and mix. Now that may be you (as in the case of myself, or BT), but it takes a while to train your ear. Compare the quality of my "Nyla" CD (or "dry long so") to the mp3s I'm putting out now. The recent ones sound much more polished. Same gear, better technique.

      As soon as a system arrives that allows artists to securely sell their own music online and make a profit, it's going to mean the death of the old-fashioned recording industry.

      Um, check out www.aimeemann.com. Yet, the record industry lives.

      --

      c-hack.com |
  59. Real Questions by Soluxx · · Score: 1

    Who the hell are Numavox Records and Neal Morse? What the hell is the Burning Annie soundtrack and the Kansas Tribute Project? Am I the only person who hasn't heard of these things? I'm going to take a little leap here and say that I doubt that anyone will be downloading songs from any of the aforementioned companies, artists, or cd's. In that case, what does this guy have to lose from file sharing and why should we even be asking him questions about it?

    1. Re:Real Questions by dpu · · Score: 1

      foolish person. just because you have never heard of these things means nothing. to people who have heard of them and do listen to them, this is important. to some of us who have not, we are prepared to admit that we do not know everything, and that Neal Morse is probably good, Numavoc Records probably has many fans and supporters, and that Burning Annie was likely a pretty cool indie flick. people like you obviously believe that just because YOU haven't heard of something that someone else is making a big deal out of, they must be overreacting and they can't possibly be thinking rationally about the effects of piracy on this artist's/record label's income. grow up, open your mind, and let the shit spill out the back way, not the front.

      --
      Dammit, I meant to post that anonymously!
  60. Does the music industry believe in laissez-faire? by sh4d0wb0x3r · · Score: 2, Insightful

    Do you believe that the recent lobbying efforts by the music industry are (1) an honest attempt to stop what they believe is only a criminal action or (2) an anti-capitalistic market intervention, designed to prevent competitors from entering into the online-music market before they exist? If (1), how do you believe the industry would respond to legislation which required (a) open content formats; and (b) guaranteed full-quality fair-use personal copies; if (2), how do you explain this dichotomy, and why should we as consumers tolerate it?

  61. Non P2P Filesharing by Perl-Pusher · · Score: 1

    The RIAA claim they are losing sales because of filesharing. My two teenage daughter don't buy as many CD's as they used to. That is 100% because I've stopped giving them the money for them. In this economy I can't afford the luxury of letting them buy music every month. I also won't allow P2P filesharing on our computer. But I've seen filesharing still going on. Through direct file transfers via aol instant messenger and email attachments. Kids are ripping CD's and have found that they don't need P2P file sharing. I've been told they sync their ipods to their friends computers. I have a mac and have purchased a few songs legally, but the price should be about half of what it is. That would definately sell more titles. My question is : There are almost an infinite number of ways to share files that don't involve p2p networks, do the RIAA , artist etc. actually believe they can stop filesharing?

  62. 'Fair use' rights by llamaluvr · · Score: 2, Interesting

    What exactly are our rights when we purchase a CD? Can I make unlimited backup copies of the media for personal use? Are the copies really allowed to be digital, or only analog? Am I allowed to be using the original and the backup at the same time?

    This hypothetical situation has always bugged me: Say I purchase a CD, rip it to my hard drive, and then put it on my MP3 player. I take the MP3 player with me and listen to that music in the car, while (unbeknownst to me) my brother listens to the copy of the music on the computer. Are we breaking the law?

    --
    Insightful: 76, Off-Topic: 379, Flamebait: 24, Funny: 152, Interesting: 201, Underrated: 55, Troll: 9, Total: 896
    1. Re:'Fair use' rights by uncoveror · · Score: 1

      Your rights should be to do whatever you please. You bought the disc, it is now your personal property. Listen to it, Copy it to an MP3 player, let a freind listen to find out if they like it, use it for a drink coaster, resell it at disc-go-round. Whatever amuses you. The industry doesn't want you to let anyone else listen, and wants you only to be able to listen to it on the player of their choice. This twists and contorts the very concept of property into something I don't recognize.

      --
      The Uncoveror: It's the real news.
  63. Neil Morse makes my ears orgasm... by rdewalt · · Score: 1

    If not for mp3's given to me by a friend, I would have never heard of Neil Morse's work. From Liquid Tension Experiment, to Dream Theater, to Transatlantic, I've savoured every single moment of his work. I've hunted down bands like Spock's Beard and Flower Kings, because he (Neil) listed them as some of his favourite work (That, and members were in Transatlantic, but I digress).

    Without shared mp3's, I would have never found out about these great bands who I've scoured half the good record stores for their CD's. "ClearChannel" and other ConglomCo Music won't ever play these guys...

    I don't share any of these on Kazaa, (or any other p2p,) I give them to friends who are looking for something new to listen to.

    What is your opinion on fans sharing select mp3's from bands that would never get airtime in an American Commercial Market? I've -tried- calling radio stations to get a song or two on the air, I'm lucky if I don't get "Never heard of them"...

  64. DVD's are priced correclty, CD's are not by thnmnt · · Score: 4, Interesting

    With all the attention DVD's have been getting lately (for instance)and the main cause of their sales boom being pricing (20$ and under) - don't you think that the CD industry could save itself simply by lowering the cost of CD's to say - 5-7$ like vinyl used to be?

    --
    Go read some bible: nubible.com
  65. About getting signed by pfankus · · Score: 3, Insightful

    I'm a music graduate student, and many of my collegues are aspiring musicians in both traditional (classical), jazz, and popular music. Many of them are torn between unrestricted filesharing and protecting their music and future incomes, on the verge of signing to a major label. How do you propose that musicians are mass-marketed (e.g. the only real reason any sane musician signs to a major) if the revenue stream of the labels is purportedly dwindling due to unrestricted filesharing?

    1. Re:About getting signed by Funksaw · · Score: 1

      I'm replying to you because you don't have a listed email address... but this message really is for pfankus. Do NOT let your friends sign that contract without doing research first. The major labels take away copyrights - which means even YOU can't put up your MP3s on the net if you don't want to. They also pay you crap, and considering that you're talking about jazz musicians, you'll probably end up IN DEBT to the record label. Indeed, if you're serious about music, either self-promote and self-produce, or go to a smaller, indie label that won't screw you over as badly as the RIAA's major labels will. Let's not also forget that with Clear Channel reducing the number of songs it plays, P2P is about the only method of promotion you're going to have! Even if you do sign to a label is NO guarantee that the record is going to get promoted. For chrissakes man, once you sign with the big boys, you have to sue to get out of those damn long-term contracts. -- Funksaw

  66. Who cares ? by terrymr · · Score: 1

    I'm past giving a damn what anybody in the industry thinks about anything. While artists / labels etc.. continue to work with the RIAA members I will not be buying their product.

    I'm not really into downloading music, but the stand the RIAA has taken along with their "We don't really care what our customers think" attitude really p**sed me off. If they don't care what I think then I don't care to buy their product.

    I'll listen to the radio until they find a way to shut that down too (or make people pay to listen).

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

      "'ll listen to the radio until they find a way to shut that down too (or make people pay to listen)."

      or until they make it so crappy you can't stand to listen....

      oh wait...

      nevermind...

    2. Re:Who cares ? by terrymr · · Score: 1

      You're right ... I think that may be their strategy :-)

  67. The organized crime angle by bennomatic · · Score: 5, Insightful
    It has been said that organized crime is responsible for the sale and distribution of billions of dollars worth of pirated (i.e. hard copy) music CDs worldwide. This begs two questions:

    1- Why is the music industry focusing prosecution efforts on poor individual college students who are (a) difficult to track down and (b) not making any money on their endeavors when there are large organizations which are (a) centralized, so stopping them might do some good, and (b) profiting from their activities?

    2- If free file swapping is so damaging to music CD sales, then why aren't mafia types trying to stop this phenomenon as well, given they have so much to lose?

    --
    The CB App. What's your 20?
    1. Re:The organized crime angle by Pelops · · Score: 1


      Easy, because it is the same industry trying to get money from both angle !!
      Such an easy answer! :)

  68. Question: by Spytap · · Score: 2, Insightful

    As technology progresses, means of distribution and advertising also progress. As radio becomes obsolete (as much due to it's own decisions as technological progression), many would argue that File Sharing is not only an easier method of advertising, but potentially a much broader method as well. Coming from a person with 1200 MP3s (of which all are legal and a good half are owned because I originally downloaded a song that I liked) I personally prefer an open plethora of files to a closed Clearchannel fest of the same 40 songs over and over again. What would you say has to change if P2P and file sharing are to become a possible market for advertising and marketing music?

  69. Re:Go Away by ShieldW0lf · · Score: 1

    They seem to be doing more taking away from the sound than adding to these days...

    (Some|Most|All) of the music coming out these days has been destroyed in the mixing process to produce a louder radio sound... there was an article that about it recently: link

    --
    -1 Uncomfortable Truth
  70. cost v sell by 514x0r · · Score: 2, Insightful

    why is it that, though a CD costs far less to produce than a cassette tape as is evident by the cost of the blank media, CDs retail for far higher than cassette tapes?

    same question for DVDs.

    --

    !(^((ri)|(mp))aa$)
  71. Kansas Tribute Project by bilsaysthis · · Score: 1

    WTF do we need this for? The band is hardly obscure, whether one enjoys the music or not, and they aren't dead or broke either AFAIK. Wouldn't the musicians involved be better off creating their own new, original music instead of trying to drag some cred off the cape of an MIA '70s band?

  72. Indie labels by DumbWhiteGuy777 · · Score: 1

    Do you expect growth in indie labels due to the monopolistic major labels taking so much money away from the artist and all that capitalist stuff? Or will they maintain their monopoly?

    It seems like there would be an overwheling struggle by major labels to keep down the indie people so as not to lose money on their Britneys and Christinas.

  73. Ogg by TrippTDF · · Score: 1

    This question is less about piracy/DRM:

    There are so many audio compressors out there now- mp3, Ogg, AAC, WMA and a ton of others I've seen here and there.

    Do you know of any steps in the works to finally pick a format that can be picked up by the industry?

    1. Re:Ogg by molarmass192 · · Score: 1

      The problem for the labels with MP3 and OGG is the lack of DRM so they want formats like AAC and WMA.

      The problem for consumers with AAC and WMA is the presence of DRM so they want formats like MP3 and OGG.

      Consumers speak with their wallets, so we simply shouldn't (and I don't) support formats like AAC and WMA. Eventually, if we simply refuse to purchase DRMd music, the labels will either cave in or simply go out of business. They need our money far more than we need their music.

      Makes me wonder if the labels even realize this.

      --

      Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws-Plato
  74. Singles vs. albums by Zog+The+Undeniable · · Score: 1

    Do you think filesharing of singles might actually be keeping album sales going, given that the singles market - basically there to promote albums - was moribund even before MP3? UK CD sales are currently at their highest EVER.

    --
    When I am king, you will be first against the wall.
  75. How much has really been lost? by 192939495969798999 · · Score: 1

    There are so many individuals on filesharing systems who are not intending on buying a CD in the first place, whose revenue is not being lost, who are convinced by listening to a non-radio friendly music clip, intentionally set out to buy the CD which contains that song. Case in point, I would never have bought a Slipknot CD had I not heard them on Napster, because they were not played on the radio at all. Is there a chance the RIAA will cave to allow people to at least listen to 5 minutes of every album? No one is dumb enough to buy something they've never heard before, these days.

    --
    stuff |
  76. CD Sales are up in Britain. by aug24 · · Score: 4, Interesting
    Over here in the UK, the Brits are file-sharing just as much as the USA. However, a cut of about a third in the price of a CD has produced the biggest year's sales of CDs ever.

    I think that this disproves the allegation that swapping is killing music and that the real culprit is a CD price that has stayed high while production costs have gone through the floor. Do you agree? If not, why not?

    Justin.

    --
    You're only jealous cos the little penguins are talking to me.
    1. Re:CD Sales are up in Britain. by burnetd · · Score: 2, Informative
  77. RIAA obsolete? by joel8x · · Score: 1

    With the ability for an artist to freely and globally distibute their music sans label involvement, do you see the current RIAA becomming obsolete in the future?

    --
    Sound waves should be free!
  78. Which bill evans???? by kaoshin · · Score: 1

    So is this Bill Evans the saxophonist, Bill Evans the banjo player, Bill Evans the dancer, Bill Evans the camera operator for the sports illustrated swimsuit edition, Bill Evans the deceased pianist... so many Bill Evans in entertainment I don't know who we're talking about so I don't know what I want to ask. I could care less about downloading crap though I'm so bored of hearing about it.

  79. twist on this question... by GunFodder · · Score: 4, Interesting

    It seems like the major role of a record company is to find artists, promote their music, and produce and distribute albums. Advances in home studio technology and the increasing popularity and bandwidth of the Internet mean that it is possible for an artist to self produce and promote their music.

    Do you think that it is likely that we will see a major artist go this route in the near future? And if this became a viable model what could record companies do to continue to add value to music?

    1. Re:twist on this question... by 2short · · Score: 1

      Sure they can promote and produce their own music. But are they any good at it? Are they even interested in doing it?

      What makes someone a good musician does not have much to do with what makes someone a good producer or marketer. And what makes making music enjoyable certainly doesn't make marketing enjoyable.

      I have a friend who is a great programmer. He and some other great programmers got together, started a company, and produced some great software. Since they didn't like marketing/sales types, they didn't hire any. So they soon found themselves spending most of their time doing marketing/sales, which they didn't enjoy and weren't any good at.

      Much as we geeks look down on them and consider them unnecessary, Marketing and Sales are real jobs that need to be done well. Most jobs are done well only by people who enjoy them. There are people who actually enjoy Sales/Marketing, and I'm sure my enjoyment of coding seems just as bizarre to them as their enjoyment of Sales/Marketing seems to me.

    2. Re:twist on this question... by GunFodder · · Score: 1

      This is a good point. I generally could care less about the sales and marketing of a band though; the music speaks for itself. My favorite technique for finding new bands was to go to CDNow, find some of my favorite albums and click on all the links under "people who purchased this album also bought..." Or I read the reviews of albums I do like and see which other bands the reviewers mention. Or I see a band open for another band I like.

  80. NOT SENSIBLE by jcsehak · · Score: 1

    Sorry for the all caps, but this boils my blood. Only allowing you to burn 10 cds with the same playlist is reprehensible. There are PLENTY of valid reasons for burning more than 10 of the same CD. For instance, I just recently burned about 15 cds of a recording I made of a guitar workshop, to share with the other participants. I'm sure glad I used toast on my OS9 machine instead of trying the use iTunes.

    Granted, like I said, I haven't used iTunes to burn. So if this applies ONLY to CDs with iTMS songs on them, call me dumb and mod me down, because that's sorta sensible (but only a little).

    But if I can only burn any playlist 10 times in iTunes, well shiver me timbers, because it makes me feel like sailing the high seas just to spite them.

    --

    c-hack.com |
    1. Re:NOT SENSIBLE by burnetd · · Score: 1

      okay...you're dumb.

      Yes you can only burn 10 CD of one mix of iTMS brought songs.
      There's nothing to stop you copying that CD ad infinitum once you've burnt it

    2. Re:NOT SENSIBLE by KirkH · · Score: 1

      The 10 CD limit applies only to music bought from the iTMS. If you make a recording (per your example), then it (obviously) has no restrictions placed on it.

    3. Re:NOT SENSIBLE by jcsehak · · Score: 1

      okay...you're dumb

      Well that's a relief. I've heard all over the place about the 10 cd limit, but people neglected to mention that it applies only to iTMS songs.

      You know, it occurs to me that that's probably the best way to get useful information around here - write some crazy post about the thing you want to know more about, and wait for somebody to go "no, you're wrong. this is how it really is..." Slashdot - news for nerds. Resource for people too lazy to look stuff up.

      --

      c-hack.com |
  81. Yes It Is About Control by EXTomar · · Score: 1

    The trick is who ever controls distribution gets a big chunk of the chain.

    Take your poplicious boy bad who sells truckloads of CDs at $15. The band gets some paultry amount ($0.10 for each CD?) which if they go platnium still makes them millionares. But where did the rest of the money go? Into the hands of the producers and companies.

    This is why you see the (smart) big stars go off and start their own recording companies. They can record their own music and get the big chunk of the money instead of having it disappear.

    Online and music sharing changes the distribution model. You no longer need most of what the producers and music companies provide. No wonder why they aren't interested in it. No wonder why they fight it at every turn.

    I personally see CD music as a commodity at the moment. Bands and producers should be using CDs to get people to go to stage shows and concerts to make more money for themselves instead of suing the living day lights out of some student. They should be working to produce a product that is less than desirable copied: a stellar stage performance. But doing tours and shows is a lot more work than just paying the government to pass laws in your favor.

    1. Re:Yes It Is About Control by MrResistor · · Score: 1

      The band gets some paultry amount ($0.10 for each CD?) which if they go platnium still makes them millionares.

      No band makes millions on record sales. The paultry sum is normally around 2%, plus another 1.5% for the songwriter. The crucial part you're missing, though, is the advance.

      You see, the musicians actually have to pay for the recording/production of the album. The record company generally gives them an advance of $200-300k to cover their expenses (which means after paying the engineers, renting the studio, etc, they have about $8-10k each to live on for the year or so between the start of production and the time the album actually hits record store shelves). The thing is, it's an advance, which means it's really just a loan against their future earnings. In other words, they have to pay it back, and that's generally acheived by the record company keeping their share. How it works out is that an album has to at least go gold before the band ever sees any actual money. It should also be noted that the band still has to pay the money back if album sales don't bring in enough to cover it.

      How artists actually make money is touring and merchandise (especially merchandise sold at concerts). So, if you really want to support an artist, buy a t-shirt at a concert. They aren't making jack off CDs.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    2. Re:Yes It Is About Control by rajr · · Score: 1

      To further calrify which way the scales are tilted at the start of a "contract" relationship, among other things, the loan is given to the artist at an astonishing rate. I'm talking in the dbl digit percent range. Maybe not in every case, but certainly the majority.

  82. wait by happystink · · Score: 2, Informative

    This guy is the publicist for ... Numavox Records, Neal Morse and the Burning Annie soundtrack, and he qualifies as an insider? Has anyone here ever heard of any of these people/projects? I'm not saying this guy sucks or anything, but what distinguishes him from the average slashdot reader, he's just some guy with a not very important job who goes to university and likes Ogg Vorbis, what's the deal here?

    --

    sig:
    See the "..for smart people" banners Wired runs here? Look elsewhere guys.

    1. Re:wait by dreamt · · Score: 2, Informative
      Well, actually, I was pleasantly shocked to see Neal, the former singer for Spock's Beard up on slashdot. (Listening to Snow, Spock's last CD w/ Neal right now).

      While many never have heard of Spock's, they are pretty big in the Progressive Rock scene.

  83. why do band websites not publicize onlinetipping? by rjnagle · · Score: 1

    I see a lot of band websites out there (both big label and small label), but I almost never see a site that tells surfers/listeners how to tip the band. Why don't more band websites include links to musiclink or paypal? Case in point: I bought a used Patti Rothberg CD (EMI) on half.com for $1 (plus $3 shipping), and I would have preferred to download the mp3's off her site and donated $5 directly . Why do artists not perceive the value of online tipping? Is it ignorance or some clause in the contract? rj

    --
    Robert Nagle, Idiotprogrammer, Houston
  84. Why can't we buy MP3's? by Slashdolt · · Score: 3, Informative

    MP3's have been around for several years now, and yet, for the most part, you still can't purchase them anywhere. MP3 is the current defacto standard. To me, it doesn't make sense that we can easily buy a CD and rip it (unless it's a copy-proof CD) and make MP3's, and yet the music industry seems afraid to produce MP3's.

    Again, MP3 technology is not that new. I can recall using it at least as far back as 1997. 6 years have gone by. The consumers and the CD/DVD-players all want to have MP3's, and yet there is (for all intent and purpose) no way to buy them.

    As John Dvorak said in his PC Magazine column, around 1997, no one would want to buy 10 rock-a-billy CD's for $100, but there might be a market for one MP3 CD with 12 hours of rock-a-billy hits for $10-$20. Why hasn't this happened?

    1. Re:Why can't we buy MP3's? by Tryfen · · Score: 1

      The BBC have released several MP3 CDs.

      T

      --
      If a square is really a rhombus, why aren't all triangles purple?
  85. Post-RIAA world by Phoenix666 · · Score: 2, Insightful

    Seems to me that one way or another, the RIAA and content companies in their present form will die. Fans already know about P2P and file sharing, and that is not going to go away until the day they can implant restrictor chips in our heads, cripple every computer, and monitor every communication/sound wave on earth (READ: never).

    But your skills such as yours are valuable, and I don't see the need for them going away. However, instead of working for a record company in the future, I wonder if you won't work for musicians themselves in much the same way that a band probably currently hires an accountant, lawyer, or agent.

    Have you and your colleagues thought about this sort of scenario, and have any of you talked about forming an agency/consultancy in this way that would work for artists instead of the other way around?

    It seems to me that you folk have a golden opportunity to help artists avoid the tyranny of the record labels and capture the money that currently goes to Mottola and Rosen. It would also do the world a great service by putting the final nail in the coffin of the content companies, but that's only if you care about the rest of us.

    --
    Do what you can, with what you have, where you are.
  86. What's in it for the artist? by superdan2k · · Score: 1

    During its last two concert tours, Pearl Jam has recorded their shows live, straight from the mixer board, and done a one-up on the bootleggers. You were able to pre-order the CD before the individual show, and the day after the show, you could download the MP3's (albeit, low quality ones) to tide you over until your CD arrived. With their contract with Sony Music expiring, Pearl Jam will probably self-produce/distribute their future albums and pay for their own concert tours (which I believe they already do). Clearly, they'll have a leg up on other bands, as they won't have to give up their tithe to the RIAA/Sony Music.

    I guess the question is: what does a contract with a major label offer an established band that handling your own business doesn't and how can the music labels add value to the proposition that makes it worth the band earning pennies on the dollar for all their hard work?

    Furthermore, how can the big labels expect to hold onto the big names when there are established artists proving that they can stand on their own two feet?

    Given that there's no way to expect that, perhaps the RIAA/labels should take on a role that helps to incubate new talent that will eventually grow into a standalone, self-sufficient band like Pearl Jam. Engage in short-term contracts where your percentages aren't as high, resulting in less income per band, but more streams of income. If you do thorough research beforehand, you should be able to target bands that have a legitimate shot at moving good numbers of albums from their debut release onward. Then, after the artist has recorded a few albums for you and has the money in their pocket to move forward on their own, you let them go and ride the goodwill generated when they leave. Treat them right, help them grow, and shove them out the door -- it's like parenting, but more financially profitable.

    --
    blog |
  87. pricing model. by programic · · Score: 1

    What is the best digital music pricing model you have seen so far?

    If none, what would you propose?

    --
    -- yawn. --
  88. Laws and tariffs by DragonMagic · · Score: 5, Interesting

    The RIAA has pushed for legislation to grant them tariffs/taxes on sales of certain digital and recordable media sold to consumers, to defer some of the costs of piracy. They also have raised prices of materials such as CDs to help pay for losses they claim occur in the industry because of file sharing.

    My question is that why does the RIAA need more legislation to go after filesharers or pirates to stop losses that no independent auditing company has been able to find, and with all the income they're getting from DAT and CD-R Music blanks, and lawsuits against filesharers, pirates and bootleggers, how much of this goes back to the artists, producers, engineers, etc? instead of simply in the RIAA and its labels' pockets?

    And on a side note, why should the US or any other country continue listening to the RIAA talk about its losses, when no independent label or artist or distribution channel are getting any of these taxes or tariffs? Shouldn't we also be giving money to these labels, or should we start repealing these one-sided decisions?

    --

    Human nature is the same everywhere; the modes only are different. -- Earl of Chesterfield
    1. Re:Laws and tariffs by moncyb · · Score: 1

      Along the same lines: Why should people like me who don't violate copyright laws have to pay "royalites" on CD burners and blank CDs? I don't go around demanding a "royalty" from innocent people to compensate for crimes committed against me. Do you believe all knives should be charged a "royalty" paid to stabbing victims? We all know people who own knives are murders. Nice people use forks to cut their meat.

  89. What about treating file-sharing like radio? by Saint+Aardvark · · Score: 5, Interesting
    This is something I've been thinking about since Metallica sued Napster: what about treating file-sharing like radio?

    When a radio station plays a song, it pays one of the agencies like ASCAP (forgive me if I've got it wrong; it's been a while since I was a musician), and at least in theory the writer of the song (usually the musician) gets a small royalty assuming they've set up a publishing company to collect those royalties. From what I've heard, this can end up being a significant part of a musician's income. As I understand it, there are problems with tracking radio play -- you can't listen to everything at once, so you depend on random sampling and reports from radio stations -- but the idea is good.

    So how about treating filesharing the same way? Track which files go where; every time a Metallica song, say, is copied, Metallica gets a nickel. It might not be as practical now that there's not One Big Place (Napster) where everyone goes, but there are still lots of centralized file-trading services (I think Kazaa and the like apply...I haven't been into this for a long time) where copying could be tracked. The services get charged based on volume, presumably like radio stations are, and they can pass those charges on to subscribers or advertisers. Musicians get paid, people get music, and a new millenium of peace and happiness dawns upon the earth. :-)

    Is this a good idea, or have I taken some massive, secret dose of crack somewhere along the way?

    1. Re:What about treating file-sharing like radio? by rmohr02 · · Score: 1
      When a radio station plays a song, it pays one of the agencies like ASCAP (forgive me if I've got it wrong; it's been a while since I was a musician), and at least in theory the writer of the song (usually the musician) gets a small royalty assuming they've set up a publishing company to collect those royalties.
      ClearChannel forces labels to pay for the privilege of having their artists heard on the radio.
  90. Digital perfromance vs. digital distribution... by Rahga · · Score: 3, Interesting

    Why don't we have some type of Radio-On-Demand service yet, where music could be "performed" rather than downloaded, preferrably without the same legal and monetary overhead that comes with permanant downloads? This type of thing seems to work fine on much more technically-intense "On Demand" cable movies. It seems like something that BMI and ASCAP would embrace.... Instead, all we get are classic-radio-stlye streams (which the licensing agencies easily cover). Wouldn't micropayments (as currently defined) easily cover the cost of transimssion and performance, as well as provide an industry alternative for all the R&D money that's getting wasted allowing permanant copies of DRM-protected media?

  91. It should be rebuilt from the ground up. by Anonymous Coward · · Score: 1, Informative

    "Copyright law in this country is totally broken. It needs to be totally scrapped and rebuilt from the ground up. Want a clear picture read Digital Copyright by Jessica Litman .

    Meanwhile continue to fight the borg.."
    Bill Evans
    founder boycott-riaa.com
    ( It should be rebuilt from the ground up.)

    Is this the Bill Evans you ask about RIAA etc?

  92. Free Music as Advertising? by Lord_Dweomer · · Score: 4, Interesting
    Many people have said that since the cat is now out of the bag with P2P usage that the labels need to use them to their advantage instead of fighting them. What do you think about the use of P2P as a free form of advertising? Is technology and society at the point where people will no longer pay for their music? Should mp3s and the like be used as promotional tools to try to get people to see concerts and buy other merchandise? Do you think this business model would have the same earning potential as the previous one of selling CDs?

    --
    Buy Steampunk Clothing Online!
    1. Re:Free Music as Advertising? by oDDmON+oUT · · Score: 1
      Any publicity is good publicity.
      - Behan

      Obscurity is a far greater threat to authors and
      creative artists than piracy.

      - O'Reilly

      x-p2p-is-advertising: yes
      x-riaa-mpaa-missed-the-boat: yes

      --
      Some days it's just not worth
      chewing through my restraints.
  93. Processor encoded security changes. by ratfynk · · Score: 1

    Given that MS, Intel and most of the hardware guys are on board with measures that are going to completely sink file sharing of unathorised content, could there start to be greater value in musicians going it alone? Is the record industry really in that much of a slump? There is now a better secure and inexpensive method for indies to really develope market share. I think the advent of secured content computing could really hurt the big labels, and really help indies!

    --
    OH THE SHAME I fell off the wagon and use sigs again!
  94. You forgot jazz luminary... by cschmidt · · Score: 1

    He's a publicist whose clients include Numavox Records and Neal Morse; he's produced (among many others) songs for the Burning Annie soundtrack and the Kansas Tribute Project; and says he's also pursuing a PhD in music technology at Clark University and is a major Ogg Vorbis booster.

    You forgot jazz luminary.

    --

    Who am I to blow against the wind? -- Paul Simon
  95. What do you think about "tip jars"? by Thinkit3 · · Score: 1

    No less a mainstream paper than the USA Today brought this up in an editorial. They suggested in the July 21st editorial that tip jars be provided to allow people to donate what they thought appropriate to a freely available song. Has this been tried with a mainstream act?

    --
    -Libertarian secular transhumanist
  96. Why can libraries lend CD's legally? by pennguin · · Score: 1

    Any number of users can borrow a CD any number of times from a library that has only purchased a single copy of the CD. If I rip the CD to an MP3 / AAC file, the author receives no more or less income than if I borrowed it repeatedly from the library. Comments?

    1. Re:Why can libraries lend CD's legally? by John+Biggabooty · · Score: 1

      Libraries can lend CDs out because of the first sale principle. When they bought the CD, royalties were paid. Now it is theirs to listen to, lend out, or use as a coaster if that amuses them. If you borrow the CD, and copy it, you are committing copyright infringement, but you are responsible for this, not the library. Don't admit that you do that, and you won't get caught. This is no threat to the RIAA because the teeny pop tenn-age girls adore isn't at the library, just artsy music. Besides, teen girls want to posess tangible things like 'Nsync and Backstreet Boys CDs with pitures of the boys they drool over, and printed lyrics. They can't posess or collect these things if they have to take them back to the library.

      --
      That's Bigboo TAY! TAY!
  97. Assuming the worst by Teahouse · · Score: 4, Interesting

    Assuming the worst, that RIAA sucessfully shuts down free filesharing networks and everything is pay to play, how would they provide hard to find or out of print selections? I am curious how they envision their library to work.

    Many of the items I have downloaded are old or obscure and do not fit in their libraries. There are many like me. Will they try to force us to only select the items they control, or have they addressed the issue of out of print/free stuff another way. A beer band in Cleveland may be the best thing going, but if they silence this band's offerings because they are not "signed with the label" they really are only forcing their control over what the listener can hear. They are offering a less robust product but charging more for it.

    Will there be any free venues available if RIAA wins?

    --
    "Curiosity killed the cat, but for a while I was a suspect."- Steven Wright
  98. Motives of the RIAA and Filesharing by sabecon · · Score: 1

    Do you think that the RIAA is more worried about the filesharing of music that is already on their labels or (as I believe) that they are using it as a means of blocking independant artists from bypassing them as the main distributor of the artists work?

  99. Sharing unavailable music by Dashing+Leech · · Score: 3, Interesting
    One of the best uses for file-sharing I've seen is finding and obtaining music that is difficult or impossible to get by any other means. This includes out of print music, rarities, and recorded radio bits. Though I can see some difficulty in developing a good and fair online system for new releases, I cannot see how the record companies or artists could lose anything by making out-of-print or rare recordings available online, even for a low price. Such a system could only generate new revenue.

    Do you see a reason why the record industry has not created such a system for older recordings from which they are no longer making money? Are there legal hurdles you are aware of, or is it simply that the record industry has not realized this potential is there?

  100. micropayments by jorr · · Score: 1

    Have you heard much about the use (or possible use) of micropayments by artists or labels for users to download directly off an artist site? It seems to me that this would allow the artist to gain more financial and creative control as well as allow the consumer to make a much more reasonably priced purchase.

  101. Where does it all go? by DustyShadow · · Score: 2, Interesting

    What is going to happen to all this money that the RIAA is trying to get from the file sharers? Are the artists going to see any of it or will it all get lost in the corporate nightmare that the music industry is?

  102. Re:Go Away by kfort · · Score: 1

    good point but I still say this guy isn't a producer. He's another leech making a buck off other's creativity.

  103. Songs Available by malenkka · · Score: 1

    Do you know who makes the decisions regarding what songs to offer on pay services? I've joined a pay service only to find that the artists I want don't offer their music, or only offer their less popular songs. If the RIAA member companies really wanted us to buy their music, wouldn't they offer all of it?

  104. What do the artists think? by jackstand · · Score: 5, Interesting

    What are your artists/musicians/clients are saying about online file-trading? Love it? Hate it? 50-50?

    Do you find that indie artists are more likely to embrace file trading for marketing/name-recognition purposes than well-known artists?

  105. Dude... by griblik · · Score: 1

    ...what the hell happened to your site? Want us to track 'em down and give 'em a good slashdotting?

    You'll feel better about it. You know you will...

    --
    Warning: May contain nuts
  106. lmao... by griblik · · Score: 1

    ...when I realised I've just asked a question of a dead guy.

    Apologies /., please mod the parent into oblivion...

    --
    Warning: May contain nuts
  107. Simple: fear by msimm · · Score: 1

    MP3 is the current defacto standard. To me, it doesn't make sense that we can easily buy a CD and rip it (unless it's a copy-proof CD) and make MP3's, and yet the music industry seems afraid to produce MP3's.

    Imagine you work in an industry and have been working in it for a long time and control the market. One day something changes and suddenly a large portion of the industry in which you've been working is no longer necessary. Add to that that the thing that has replace it is TOTALLY out of your control.

    This is the picture industry representatives are working with and until they find a way to control the market they will not stop. I mean they had a good thing, why would they?

    --
    Quack, quack.
  108. How do you feel when RIAA costs you money? by kaltkalt · · Score: 1

    I do not know of a single person who is so cheap that they flat out refuse to buy the music they like because they can download it all for free. My friends and I have been downloading music for years, and we have always bought the music we like (which nowadays isn't all that much in this world of Justin Timberlake albums, but that's another topic). I'm sure it is safe to say that all of us have bought an album because of music we first heard from downloading through napster/kazaa/etc.

    However, due to the actions of the recording industry's trade group, many people including myself have decided to never buy another album again, because by doing so we are contributing to the RIAA's legal fund and helping to sustain a 100 year old oppressive monopoly that is way past its time. Morally, giving a penny to the RIAA is worse than not buying an album I like (again, a very rare thing nowadays). Many people feel this way, especially since the RIAA has started to sue the end-consumer directly (I guarantee you that anyone sued by the RIAA, along with their friends and family, will never be buying another RIAA product again, as well). So, directly because of the RIAA's actions, your clients will get less money, which means less money in your pocket, which means less money to feed your family and pay for your childrens' education with. I see the RIAA's actions as being analogous to walking into your bank and "stealing" your childrens' college fund. Do you see the RIAA's theft the same way? How does it make you feel? Have you thought about suing the RIAA to recover any money you lose this year?

    --

    Stupid people make stupid things profitable.
  109. Yes, but in America by msimm · · Score: 1

    Using bribery and extortion to control markets is very expensive.

    --
    Quack, quack.
  110. Justifying the price by MrResistor · · Score: 4, Insightful

    One of the lessons that seems to be "learned" time and again by the content industry is that the best way to combat piracy is to lower the price. For example: when I was a kid movies on VHS were fairly expensive ($60-80 IIRC), and everyone had at least a shelf full of movies they'd rented and copied, or taped off TV. Now that prices are reasonable ($10-15) nobody bothers to go to that trouble, and yet everyone I know still has at least a shelf full of movies, but now they're "origionals".

    So, how does the record industry justify the current price of CDs? Doesn't it seem obvious, given the lessons of history, that the inflated price is the root cause of piracy?

    I should note, perhaps, that I neither pirate nor buy CDs at this point. Why should I buy a CD when I can get a DVD of a major film, with all kinds of extras, for the same price? It seems to me that this has far more to do with the decline of CD sales than online filesharing.

    Finally, I understand that CD prices were supposed to have dropped as a result of the recent lawsuit, but I haven't seen a difference in either record stores or mail-order record clubs, such as Columbia House. In fact, the prices seem to have gone up slightly.

    --
    Under capitalism man exploits man. Under communism it's the other way around.
  111. Digital Tape Trading by YomikoReadman · · Score: 2, Interesting

    About 15 to 20 years ago, long before Napster, Kazaa, and the horde of P2P clients came about, most new artists encouraged their fans to come to their shows, tape them, and copy these tapes and mail them out. While this was technically a pyramid scheme, it was never really bothered with because no money ever changed hands, and was simply fans getting the word out to people they new about new talent that was local to whereever they were. A few of the bands that endorsed this, ie Metallica, have now started to request that individuals trading files be prosecuted as it takes away from sales. Now while I do agree that CD sales have dropped considerably, I have also noticed that the number of back catalog CDs being released have dropped, and according to the figures I have seen, these back catlog releases were accounting for a large percentage of CD sales. Is it possible that the sales of CDs is not due to file trading, or even pirated CDs, but that the market sector with the most money to spend, the 25 and over group that was buying up all the CD copies of the LPs and tapes they used to own drying up? Also why is it that filetrading is seen so negatively, when even today a great deal of musicians still allow fans to tape their shows?

    --
    I have no regrets, this is the only path.
    My whole life has been "UNLIMITED BLADE WORKS"
  112. Pricing! by msimm · · Score: 1

    I can think of two industries that have made the consumer pay more as the technology has matured and decreased in cost: Cable Television and Music CD's. P2P isn't realistic yet for cable Movies and television, but it sure as hell beats paying what you know is a fixed price on a known inexpensive media.

    I mean these clowns think they can get away with this?

    --
    Quack, quack.
  113. Why NOT unrestricted sharing? by anonymous+loser · · Score: 1
    Naturally, since he makes his living in the music business, Bill is not 100% in favor of unrestricted filesharing.

    There are plenty of people who are in the music business that fully support unrestricted filesharing. For example DJ Z-Trip has put out a few CDs and actively encourages copying and sharing his music with friends during his live performances and on the radio.

    So, I suppose my question is: If people like DJ Z-Trip can make a good living while still fully supporting free distribution of music, why can't everyone else?

  114. Unlicensed Software in Recording Industry by ConcentratedEvil · · Score: 2, Interesting

    As a software developer I have always wondered if the individuals and companies that are comlaining about music file swapping would submit to a software audit of their respective computers. If this were done, do you think the majority of anti-file swapping contingent would or would not have unpaid for copyrighted software installed on their computers?

  115. Has your role changed? by twoallbeefpatties · · Score: 1

    Right now, with the price of CDs, many people question the role of middlemen on the album, and with the low price of recording technology, it is not impossible to self-produce one's own album. Many people illegally download as a means of "sticking it to the man" who takes too much of a chunk out of the album sales for his own company. Some entrepreneurs may consider cutting out more of the middlemen to save a buck in these times of low economy. However, anyone with real experience in the music biz, knows that the producer has a serious role to play in promoting, encouraging, and bookkeeping a band.

    How has your role as producer changed over the past few years, what with the advent of file-sharing and the decline of the industry?

    --
    Libertarians somehow believe that private businesses should be stronger than governments but weaker than individuals.
  116. Another twist to the question. by twitter · · Score: 1
    Why should musicians compete for radio air time when they could just put their music up on a music sharing site? Is this why the RIAA wants to kill all internet music distribution except the ones they can control?

    --

    Friends don't help friends install M$ junk.

  117. Selling music directly by e-gold · · Score: 1

    This seems to be exactly what some folks fear (not just RIAA types, musicians who might benefit from it, too!).
    JMR

    Speaking ONLY for myself!!!

    --
    Try e-gold - (contact me). I'm NOT e-
  118. Singles vs Albums by gregmac · · Score: 2, Interesting
    One of the interesting aspect of downloadable music I've heard is the artists complaining that they want people to experience the full album, as a whole, while a lot of people only want to hear singles. I think there were even a couple bands that pulled their music off of iTunes because they didn't like people just getting the singles.

    What is your take on this situation? Should people be forced to buy a full album just to get one song (or ocasionally two) they like, or should they be buying the album with the theory that they liked the single, they'll like the rest?

    Has "the album" been ruined by the filler that so many of the top40 one-hit-wonder bands put on their albums? What needs to be done to make people willing to try entire albums (ratings, reccomendations, better music..)?

    --
    Speak before you think
  119. Worst case scenario by ruin · · Score: 3, Interesting

    Suppose the government declared that it would no longer protect copyrights on music. People begin using the internet to share music on a massive scale, all done legally.

    What you think are the negative consequences of this scenario? What would happen and what are all the ways in which it would be harmful?

    --
    share and enjoy
  120. From a musician, a boycotter, and a non-filesharer by AnalogDiehard · · Score: 3, Interesting
    Hi Bill.

    I have not purchased one single CD in over two years. Why? Because I am tired of spending $18 on a CD with only one good song and the rest disposable rubbish. I am tired of reading that the cost of CDs has fallen below $0.50 in the last twenty years while the retail price has not. I am not happy that the industry has been convicted of price-fixing by the federal government. I see no reason to support RIAA labels until the retail price of a CD is more realistic.

    I also do not participate in filesharing. Why? Because I am a working musician who believes that artists should be reimbursed for their hard work. My ethics don't agree with filesharing and they don't agree with the heavy handed tactics that the RIAA is raining down on filesharers.

    Do I have your attention? That means I do not fit the argument that the RIAA has attributed fallen CD sales to piracy. I am the exception and I am not alone.

    As a working musician, here is the root of the problem as I see it: musicians are being exploited and are being cheated out of their earnings through endentured slavery and corrupt accounting methods.

    As a business man, the other root of the problem is that the RIAA wants to perpetuate a business model that doomed to oblivion and refuses to embrace the internet as a distribution channel.

    Why? Bill, the major labels OWN the brick-and-mortar distribution channels, but they CAN'T own the internet distribution channel. It's not possible. They want a mafia-style death grip on their distribution and they would rather litigate and legislate away the "illegal" distribution channels on the internet.

    My question is: when are the members of the RIAA going to drop their self-defeating barratry and focus on offering quality product?

    --
    Eternity: will that be smoking, or non-smoking? I Corinthians 6:9-10
  121. the difference between real music and music by avatarious · · Score: 1

    if record companies would stop flooding the market with concept bands and TV made bands they would not have that big a issue with file sharing. its my experience that people who download real music buys the record. as opposed to the top100 customer. generally record companies are not interested in selling music. I work for a small record store in Denmark and you would not believe the shit i have to put up with just to get a new record (that is a non top100 album) no question....just a statement

  122. Mod Parent Down. by Funksaw · · Score: 1

    QUOTE: People tend to complain a lot about the profit margins in the music industry, and use this as an argument to not buy CD's but download them.

    REBUTTAL: To be honest, alot of people don't buy CDs cause they're fed up with the RIAA. That's why I don't.

    QUOTE: Furthermore, a lot of people complain that copying their collection is just fair use, and they feel restricted in their rights by the recent developments in DRM. Without the music industry however we wouldn't have CDs to rip, or DRM protected tracks to download ;)

    REBUTTAL: There are plenty of CDs out there, and plenty of non-DRM MP3s out there by artists not affiliated with the RIAA.

    QUOTE: We (consumer and industry) obviously need each other.

    REBUTTAL: I don't need the RIAA. The RIAA is not the entirety of the music industry - there's still plenty of music out there from non-RIAA artists.

    QUOTE: So my question is:
    Can you think of (a) profitable business model(s) that would *not* use DRM?

    REBUTTAL: Indie labels already have this profitable business model. They release a few tracks as MP3 or MP3 streams, and sell albums. Some even release the entirety of the album - because they don't make alot of profit on the album itself, and make their money from increased exposure - which leads to bigger gates at live venues.

    The questions you pose are VERY loaded.

    -- Funksaw

    1. Re:Mod Parent Down. by koekepeer · · Score: 1

      mr funksaw

      please, hold your horses, and please don't scream Q&A at me... not very productive.

      now to your answers:
      1. for most people i would say the price of CDs is the limiting factor. the fact that it's different for you doesn't mean you are right.

      2, 3. you seem to think that the mp3s that one can download are all magically created out of nothing. get real, >95% of them are ripped from CDs. you are referring to a niche market (indie labels) compared to a lot of music *you* don't like, but zillions of others do like.

      which invalidates your point 4. because this business model works only in a niche market filled with NICE people. the demand for music exceeds what indie labels provide. you might think it's crap music, but there's a demand for it. should i limit myself to a certain kind of music because of the idealism behind it, instead of the music itself? i don't think so.

      you claim my questions are so loaded. i think you should be a bit more careful in your response. i tried to pose the question slightly provocative, but at least i'm not being an elitist, but instead a realist. actually, IMO your answers are a heck of a lot more provoking than my questions. so please grow up, and stop flaming someone for having a different opinion then yours. think before you write...

  123. Re:From a musician, a boycotter, and a non-filesha by avatarious · · Score: 1

    AMEN.

  124. bootleggers on the street by Isaac-Lew · · Score: 2, Insightful

    Why doesn't the RIAA go after the person selling $5 bootleg CDs on the street? In my opinion, prosecuting the real criminals would make more sense than chasing college students/homemakers/etc who aren't making a profit. Why does the RIAA alienate their target audience?

  125. what about other artists? by tssiap_wmuc · · Score: 1

    what gives record companies the right to limit filesharing? music on big record companies aren't the only ones being shared. what happens to the independents?

  126. Summary of qwestions so far by poot_rootbeer · · Score: 1


    "I am going to ask you a leading question. Will you do me the favor of responding with the answer I wish to hear?"

  127. Indie film meets indie music by Spinoza+D.+Cat · · Score: 1

    What about the independent movie that lucks into a KILLER soundtrack, like Burning Annie seems to have? Couldn't the movie promote itself-- and itself soundtrack by putting tracks online for download? I mean, little films don't have a whole lot to promote themselves with, and music is a big part of any movie. Would making music from the soundtrack available constitute an exception to the free-download rules? Why or why not? (PS. That Burning Annie movie looks great, by the way, just my kind of film! When is it coming to the NYC area?)

  128. Exposure by shiflett · · Score: 4, Interesting

    What are the major differences between radio and file sharing?

    If musical artists dream of getting played on the radio (because of the wonderful effects exposure has on an artist), why would an artist not also dream of having his/her songs being shared by millions of people around the world? Isn't the Internet just a vastly improved distribution and exposure mechanism?

    Would the same concerns arise if radio was able to achieve the same quality as MP3?

    To many of us, file sharing is more ethical than many traditional aspects of the music industry.

    1. Re:Exposure by twoallbeefpatties · · Score: 1

      What are the major differences between radio and file sharing?

      You mean besides the fact that the producer/songwriters earn performance royalties from the radio?

      --
      Libertarians somehow believe that private businesses should be stronger than governments but weaker than individuals.
  129. What's wrong with... by Atario · · Score: 2, Insightful

    ...concerts?

    Weren't concerts (i.e., in-person performances by the artists, whether stadiums or drawing rooms) the primary moneymaker for musicians in the past? Why not consider recordings to be a form of advertising for the concerts? Won't more people be willing to pay more money to see a concert if they have found they like the music they've listened to from that artist? And if that advertising comes at no cost to the artist/record company/whoever, as it is with P2P, isn't that all the better?

    (Leaving aside for the moment all the ancillary revenue from things like T-shirts and such.)

    --
    "A great democracy must be progressive or it will soon cease to be a great democracy." --Theodore Roosevelt
    1. Re:What's wrong with... by TopShelf · · Score: 1

      I wholeheartedly agree with that to an extent, except that there probably should be a space in the market for non-touring artists. There are, for example, a number of great studio bands and albums that don't necessarily translate into great live shows.

      Personally, I think the fan club idea could use some updating. Rather than glossy photos and other chintz, they could be a passport to such things as access to premium web content, Q&A sessions, song downloads, alerts for release of new material, etc. Rather than produce an album every 18 months and hope someone pays $15 for it, I would bet that a compelling value (and that's where the hard, creative work takes place) could attract a $20 annual membership fee quite easily, and cut the record label out entirely.

      --
      Stop by my site where I write about ERP systems & more
  130. Another Business Model that can make MONEY by DimGeo · · Score: 1

    I was thinking of something that goes like this:

    1. Establish a huge server with free (not rms-free, but beer-free) online songs. Have them in lossless formats, so audiophiles will be pleased. Let anyone download it and spread it around, but incorporate drm (i.e. something palladian) which reports votes from the users' computers when the title is being played for the first time. Make it possible to record the songs as files, not as audio cds. This helps preserve the quality for the generations, and keeps the voter drm in.

    2. Establish another huge server where all the votes go. Make the results public. This makes everyone happy.

    3. See the results from 2. Make assumptions in which area of the country which group is most popular. Then, make a concert there. Do that each month in each region of the country.

    4. Profit. Not from selling super-expensive cd-s at 100x their normal price, but from taking the artists to their public, in flesh. Everyone is happy.

    But of course, it is much better to have the artists sign a rights waiver for a few pennies, then stick them into a studio for a few hours, then profit for years on end by selling quickly deteriorating cds at inflated prices.

    But then again, please, consider my words? I am serious. This has been done before the era of the recordable performances, I think it is possible to do it again.

  131. You are obsolete. by John+Biggabooty · · Score: 1
    Proverbially, you are a horse and buggy dealer, and the automobile has been invented. You are obsolete, and will soon reside in the dustbin of history.

    What's that like?

    --
    That's Bigboo TAY! TAY!
  132. #1 question is by gelfling · · Score: 1

    Can you find someone to start your car in the morning?

  133. Cost to Benefit by whittrash · · Score: 2, Interesting

    It is a bad idea to pay $1 for a song I can only download once, have limited ability to use and burn to CD, and can never download again without paying $1 again. I will pay for convenience, service and quality products, I won't pay to be restricted or have top 40 crap shoved down my throat. Why doesn't the recording industry give me a licsence to use that song for my personal use forever, give me the ability to 'sell' it, store it on a conveniently formatted and indexed server, so I can carry my 'virtual' CD collection anywhere I can access the internet?

  134. The system is broken! by instantnoodles · · Score: 1

    For filesharing to work for the recording industry, the entire system needs to be redone.

    A characteristic of any media industry is that corporate profits mainly come from the big hits. The vast majority of acts lose money. Media companies promote tons of acts in the hopes of one being the next block buster.

    So its obvious why the RIAA's companies are angry about filesharing - their only way to recoup the investment is being destroyed.

    But an artist has many ways of making $$$ - concerts, movies, fan stuff, ect. Imagine if a recording company got a % of each of these. A new business model could work - give music away for free to sow the seeds, then reap the rewards afterwards.

  135. Sell me! by Anonymous Coward · · Score: 1, Interesting

    I'm over 40, have purchase during my lifetime a pile of music. My wife and daughter have extensive collections. I've got disposable income that you want.

    But I can't seem to buy what I want. I want to spend 15-20 bucks on something I'll enjoy for a while. Last time I did, there was two songs that were worth listening to a couple of times, the rest was junk. I tried to purchase an older album I knew I would enjoy, but couldn't find it at the retailer.

    I listen to music at my computer and in my truck. I now have to check whether the cd will work in those places. If I have to return a cd, I'll never buy again. I don't have time to screw around.

    I download music rarely. I'm not in P2P networks. But it's easier for me to find what I want, sample it, and burn to cd if I like it than try to purchase through the sales channel.

    Aren't you in the music distribution industry? Why aren't you distributing music so I can buy it and enjoy it?

    I don't care what some lawyer says. If I don't get what I want, you won't get my money. It's very simple. Come on. Sell me.

    Derek

  136. Re:From a musician, a boycotter, and a non-filesha by kamapuaa · · Score: 1
    If you don't like the RIAA label's music, and you don't like the terms that the artists sign to their contracts (although they knowingly agree to the conditions), why don't you buy music that isn't RIAA?

    Such music can be easily purchased - from Amazon or insound.com, directly from the artists after concerts, or from most record stores (not a Wal-Mart, but certainly a Tower Records or a Rasputin's). More and more, the RIAA *isn't* about distribution channels, as even the most obscure records can be purchased in minutes. Instead, it's about promoting its artists. However, there's a large number of websites (epitonic.com, allmusic.com, even amazon.com has pretty good user reviews) supplying info on musicians who haven't signed with the RIAA - so even that argument should be bunk.

    True, these musicians probably aren't on MTV, and it requires a little looking around to find out what's good, what you might like. However, I feel that listening to better music (without compromising any anti-RIAA principles you may have) makes it worth the effort. Certainly it fits the slashdot ethos.

    --
    Slashdot: providing anti-social weirdos a soapbox, since 1997.
  137. False DMCA complaints. by moncyb · · Score: 2, Interesting

    What about the innocent people? Do you feel it is acceptable for the RIAA to spam the internet with tonnes of DMCA complaints, knowing full well a significant amount of these are false and may lead to the loss of internet access and business of innocent people?

    Their bots cast a wide net. Any file which has a word containing the same word as a RIAA member's song or artist name has a significant risk of getting a DMCA complaint. How is this fair? How can this be considered acceptable? You don't see retail store owners walking around to apartment complexes and telling the landlord "I think the people in apartment X shoplifted in my store, kick them out" and by law the landlord would have comply. That would be nonsense, yet the RIAA is doing the exact same sort of thing on the internet.

    What about free speech? What about costs and profit loss of these innocent victims of the DMCA? What about those people who are now stalked by whackos because the DMCA force their ISP to give out their home address? Sending a false legal complaint is just as bad, if not worse, than infringing copyright.

  138. Out-of-print?!?! by mr.fonEtIks · · Score: 1

    What is your opinion on the file-sharing and copying of recordings that are out of print?

    As a jazz/legit musician and "consumer" I am often frustrated that some recording I would like is unavailable.

  139. It's true by Transient0 · · Score: 2, Interesting

    Concerts were once the primary source of revenue for musicians and going further back in the past, public performances (or patrons) were the ONLY source of revenue for musicians. The thing which changed that was the existence of an infrastructure which allowed for music from any given place to be marketed simultaneously worldwide.

    That being the case, here is my question:

    "Do you think that there is any creedence to the argument that today's multi-billion dollar entertainment industry is an un-natural and perhaps un-maintainable state for the world of art? It seems that the "theft" and "piracy" everyone keeps talking about is only diverting potential revenue away from entertainers who get paid orders of magnitude more than what their skills could reasonably be said to be worth to society and away from those who make their living packaging and selling these over-paid individuals. Is it not possible that what filesharing and internet media is bringing about is not "theft", but rather the natural and expected deflation and re-distribution of an unnaturally inflated and concentrated industry?"

    1. Re:It's true by Delphiki · · Score: 1

      Did you really just say "I don't like their music, so it's not really stealing if we take their music for free."?

      --

      Feel free to mod me "-1 - Angry Jerk".

  140. Licensing Fees and Lesser Known Artists by weston · · Score: 2, Interesting

    I had the interesting experience a few months ago of trying to license performing rights for a song, and made the discovery that in general, artists aren't expected to do this -- just the venues where they will perform. It's my understanding that most publishers pay out performance royalties based on statistical sampling; if this is the case, isn't this just another part of the system where the lesser known artists are getting shafted? For example, Chris Ledoux apparently used to play a song by Corri Connors, an acquaintance of mine, which for the most part she received no performance royalties for, because it fell underneath the radar of a statistical sample. Is there a better way?

    This is relevant to recorded music as well; we know, for example, that we're already paying blank media taxes, whose proceeds are distributed in this way, and I think it's likely that schemes will be proposed for online distribution and peer-to-peer apps that mirror it.

  141. Digital Cable and ReplayTV by mustangsal66 · · Score: 1

    I purchase music I like, but I get most if it by recording the digital music channels late at night with my ReplayTV, and copying them to my PC.

    I'd rather buy a CD directly from the artist then from the Music company.

    --
    Why worry? Each of us is wearing an unlicensed "nucular" accelerator on his back.
    Sig changed for readability by G.W.
  142. public domain by hankaholic · · Score: 1

    Do you feel that music is a significant part of American culture?

    If so, do you consider it moral to refuse to allow America to hold an important cultural component in the public domain until the music is no longer culturally relevant?

    How do you feel about the length of copyright protection? As I understand it, copyright was invented as a way to encourage creators to share their work with the general public. Do you think that without copyright terms of nearly a century artists would generally be less likely to share their work with the public?

    --
    Somebody get that guy an ambulance!
  143. Don't make an overstatement by Tokerat · · Score: 1


    Some musicians have to buy their own equipment, and no matter what kind of music you play, that's not cheap. Most musicians aren't overpaid. Recently we've seen quite a few who are, especially those that buy other writer's material and hire a studio to create the music for them, then call it their own. That is the kind of thing that shouldnt be rewarded: cookie-cutter hit songs.

    Not a flame, just food for thought.

    --
    CAn'T CompreHend SARcaSm?
    1. Re:Don't make an overstatement by uncoveror · · Score: 1

      I don't think the previous poster meant that musicians are overpaid, but their managers, record company executives, independent promoters and such. The hangers on and leeches who don't make a note of music are the ones who are overpaid. The artists are usually starving.

      --
      The Uncoveror: It's the real news.
    2. Re:Don't make an overstatement by uncoveror · · Score: 1

      I don't have to pay to listen to the radio, and there are also free concerts all the time. I will, however, pay for music if I like it, and the price is right. What you need to remember is that payment is not a debt I owe you simply because I heard a note of music. Patronage is a privelage that must be earned. If you think payment is a debt you are owed simply because you made some music, you are engaging in wishful thinking. I suggest that you wish in one hand, shit in the other, and see which gets full first.

      --
      The Uncoveror: It's the real news.
  144. New business model by McLae · · Score: 1

    Once upon a time in America, there were hundreds of people who made buggy whips. After most people switched to driving cars, there was no need for buggy whips (except in western movies). How is the RIAA diferent from a buggy whip company trying to hold on to a vanishing market?

  145. Is the music industry trying to commit hari-kari? by porsche911 · · Score: 1

    Few industries survive by filing lawsuits against their customers but the RIAA has taken that tact. Are they aware that they are sending the message to their largest customer base (teenagers and young adults) that they don't want them as customers? What will the RIAA and the industry do once they run off everyone who listens to music by suing them?

    Will the music industry made any serious attempt to make it more appealing to young consumers to purchase the products?

  146. Brick-and-mortar middlemen by Tuxinatorium · · Score: 1

    Can a product-delivery model where the actual recording costs and artist royalties represent less than 15% of the retail price continue to survive in the future? When (if ever) and how do you think more efficient middleman-reducing business models will begin to dominate the industry? Will the RIAA try to put a stop to more direct distribution models that bypass their inefficiency? How near is the death of brick-and-mortar music/software/etc distribution? 20 years? 50 years? 100 years? Never?


    Here's my little speil on the subject of wasteful middlemen that defraud consumers of a bang for their buck:

    As it is, at most $2 from every $10-$15 CD actually goes to the artists and recording/editing expenses. These obsolete middlemen are inflating the price of the good by a factor of 5-10 without adding any value to it, as 256kbps MP3 files distributed for relatively neglegible cost via the internet are just as valuable to the consumer as a CD with the same music. Advertizing is an inefficient necessary evil that does nothing to increase the actual value of the product to a consumer but certainly jacks up the retail price. The benefit of capitalism depends on the logical consumer, who seeks out the best product for the best price, and advertizing advertizing serves no purpose but to override the logic of the consumer and convince him to buy one product over another on the basis of anything but objective and independantly verified facts. In fact, advertizing claims have no correlation whatsoever to the actual quality of the product in comparison to its peers. So, you see, advertizing-intensive middlemen are an economic leech of sorts. They feed off of an arms race that does nothing to encourage rational buying decisions and adds nothing to the real value of any product, while doubling, tripling, or even quadrupling the retail prices of said products. It is about as wasteful as the continuation of the nuclear weapons race between the US and USSR beyond the point that both powers had enough to destroy the world many times over. And yet is an indispensible method of competition that few products can survive without. The only losers are the consumers, who have no other purchasing options than to buy goods that are inflated in price many times over by advertizing costs, or else illegally acquire those goods online (at no marginal cost to the producer, mind you) and face the posibility of prison time for "piracy" (which would be more properly termed "unauthorized use" of copyrighted materials because it bears no resemblance to the violent theft of physical goods). How, if ever, will the consumer's enigma be solved? As long as the advertizing arms race continues, and people put up with inefficient middlemen, consumers will never be able to purchase a product for anything close to its actual value.

  147. Mod parent troll by Vanieter · · Score: 1

    Oh yeah, like Pink Floyd doesn't get pirated ...

    Wait, don't feed the trolls.

  148. What's the threat of filesharing? by Jonny+Royale · · Score: 1

    Ok, here's my question:

    Take a situation a few years down the road. Filesharing is now ubiquitous, so any song I want to hear, I do. I collect the songs from filesharing that I want to hear, burn them to my (IPod, Nomad, whatever) to listen to in the car, on the road, etc. I subscribe to mailing lists relevant to the music genres I like, so new artists who want to get heard post information about their music, including costs, to which I drop a PayPal donation if I like the song. No music industry, just artist to listener directly.

    So, my question is, where does Britney Spears(tm) fit in all this? See, the way I see it, it's not so much the music that being shared that's the problem, it's the fact that using filesharing tools takes the audience away from the normal marketing channels (the record house, the radio, MTV, etc.), and then they stop doing things like buying mass-marketed material generated by music conglomerates for a specific demographic, as defined my market research and focus groups....

    *ahem*, sorry, off on a slight rant there. What I meant to ask was, with the popularity of filesharing removing the audience from main stream market exposure, how do you, as a publicist, see the music industry integrating itself into the filesharing arena to market their materials? If at all?

  149. Define "rights" by twoallbeefpatties · · Score: 1

    Someone was paid a pretty large penny in order for Micheal Jackson to get a hold of the Beatles songs. Don't delude yourself into thinking the original owners got nothing.

    As for "100% of the song rights," do you mean the copyright? The performance rights? The recording rights? I don't think you're quite aware of what you're talking about here. While I don't know off the top of my head, I'm guessing Micheal Jackson owns the performance rights to the Beatles songs. What "rights" are you talking about?

    --
    Libertarians somehow believe that private businesses should be stronger than governments but weaker than individuals.
    1. Re:Define "rights" by jcsehak · · Score: 1

      I'm pretty sure that Michael Jackson own the recording rights; the remaining Beatles must have some performing rights, I find it hard to believe they aren't allowed to perform their own songs. The way I understand it, Michael Jackson out-bid Paul McCartney for the recording rights. So I doubt Paul saw any money from their sale, if he was trying to buy them in the first place.

      What I mean is, the original songwriter(s) should be granted perpetual (for the duration of copyright) control over the song, as an idea. This includes all rights, performance, recording, synchronization, etc. If they decide to make a recording of it, they can sell the recording rights to a label, and proceeds from the recording would be split 50/50. If someone wants to use the recording in a commercial, they would have to pay half to the label and half to the songwriters. But the songwriters, having control over the song as an idea, could always veto it.

      I haven't worked out all the details yet, mostly because no one else seems to see this as a problem. But I think it's just sick that someone like Stefan Grossman is fed cease-and-desist orders if he tries to publish a book of Robert Johnson songs, despite the fact that he's one of the few people qualified to teach them. Robert is long dead, as are his family (I'm pretty sure) and any remnants of the studio that originally fronted the cash to record him.

      The judge in a recent copyright case (was it Eldred vs. Ashcroft?) said to the public domain proponents "So you basically want to make money off of other people's hard work?" It's ironic that in this and many other cases, long copyright is the exclusive tool that lets people make money off of others' work. But maybe copyright isn't the issue here, I was thinking. Maybe the issue here is the transfer of rights in the first place.

      --

      c-hack.com |
    2. Re:Define "rights" by twoallbeefpatties · · Score: 1

      ...I'm still kind of confused on what your issue is. The Grossman case you mention definetly sounds more like an issue of public domain rather than copyright, and that's a completely different can of worms.

      The label owns the copyright to the recording of the song. Meaning... say I record a track with Colombia Records. The label drops me, so I go record with another label, and I record a remix of the same song on their label. I can do this because I (actually, my producer) owns the copyright on the song. The label, however, still owns the copyright on the original recording of that song. I could not just take the recording of the track I did with Colombia and put it on my next record. I would have to re-record the track. The label has control over whether or not the song makes it into commercials, soundtracks, etc. because they own that recording of the song, not the song itself.

      I find it hard to believe they aren't allowed to perform their own songs. -- Owning the performance rights doesn't necessarily mean no one else can play the song. Otherwise, no one would be able to play cover songs. After a little Google searching, I find that Jackson owns the publishing rights. That link explains it better than I could. Note that the income is usually split 50/50 between the songwriter and the producer (a.k.a. whoever holds the copyright).

      --
      Libertarians somehow believe that private businesses should be stronger than governments but weaker than individuals.
  150. Re:From a musician, a boycotter, and a non-filesha by twoallbeefpatties · · Score: 1

    I have not purchased one single CD in over two years.

    That's too bad. I usually purchase non-mainstream artists' CDs at about $14 at non-national record stores. Boycott the RIAA's music, boycott expensive chain stores like Tower and Sam Goody. Don't boycott music itself.

    --
    Libertarians somehow believe that private businesses should be stronger than governments but weaker than individuals.
  151. You, sir, win. by twoallbeefpatties · · Score: 1

    I'd mod your post up if I hadn't already contributed 5 posts to this discussion.

    --
    Libertarians somehow believe that private businesses should be stronger than governments but weaker than individuals.
  152. Don't you know the answer already? by twoallbeefpatties · · Score: 1

    Why does the entertainment industry seemingly ignore large scale pirates who are making money off of selling copies and obviously detracting from sales...

    Part of the problem is that many of the figures quoted as that piracy is from international piracy. It's a far different cry for the RIAA to go stomping about in different countries that they have little control over, nor would it be extensively cost effective for them to send out an international expedition, much like many anime companies can't go bitching out all the DVD pirates in Hong Kong.

    In case you haven't noticed, there aren't many American-born pirates. There aren't a great deal of people standing on a corner in Brooklyn selling $3 CD-Rs. But filesharing is a mostly American phenomenom. It's more economically feasible to scare people straight by prosecuting a few than to go after everyone, obviously. Ever seen a policeman chase down EVERY car going over the speed limit on a stretch of highway?

    The bottom line is: it's their product, they're allowed to protect it and otherwise do with it as they please.

    --
    Libertarians somehow believe that private businesses should be stronger than governments but weaker than individuals.
  153. Weird, Seeing my name in headlines, but.... by thumbtack · · Score: 1

    it isn't me...Bill Evans is also the name of the founder of boycott-riaa.com, who is not the same person as this is about.

    Bill Evans
    founder boycott-riaa.com

  154. What if everyone's a musician? by dbc001 · · Score: 1

    I write music. Most of my friends write music and consider themselves amateur musicians. We trade music amongst ourselves, and give it to our friends for free. The tools required to make professional quality music are becoming more and more affordable everyday, and it's possible that in the near future, making music will be as affordable as learning to paint(some would argue that we have already reached that point).

    How will the music industry survive when everyone has a friend who is a musician? I've found that most people are very fond of their friends' music, even when it's technically inferior to commercial products. Will "pop songs" reach a point where they have the same value as a nice painting, or can the music industry provide something more valuable than music itself?

    -dbc

    1. Re:What if everyone's a musician? by dbc001 · · Score: 1

      Guess what dipshit, several of my friends run successful indy labels, and I myself write arrangements for guitar, bass and various strings. I record my own sounds, master my own mixes, and write lyrics. I work with vocalists, banjo players, guitarists, and drummers. I'm talking about real music where knowledge of music theory is no longer necessary. My music gets played at clubs that you can't get into, so keep yer mouth shut if you don't want to get bitchslapped by people who know what they're talking about.

  155. Ransom Model. by OGmofo · · Score: 1

    What do you think of some sort of ransom model solution to the problem?

    If you assume once information gets into the wild, it will proliferately freely, there seems no other solution to me. And I think the above is a safe assumption, as technology moves faster than the law. I don't see how the RIAA can shutdown freenet when it explodes because other P2P systems have been squashed.

    Imagine if you will, a website. You go there one morning and discover that your favorite band "Purulent Sputum" has a new album held hostage. They want $1 million for it. You download a couple of teaser tracks and oh sh17, its good. Maybe you're cheap and drop a dime in escrow. Maybe you're a big fan and you pony up 10 hoon. Maybe you drop an even buck in escrow and wait. Maybe two months go by and the 1M mark is passed, the album gets released, your buck is taken, the music starts showing up on a website and then very quickly all over p2p. Maybe a year goes by and the coffer stalls at 850K, PS decides they can forget the 150K and they release the album. Maybe a years goes by and coffer stalls at 850K, PS wants to hang on forever, but you lost your job and really need that buck. You can take it back.

    Now, the band never relinquishes copyright, their music is not in the public domain. They are still entitled to royalties for public viewing/display and promotional use and all that, but the de facto problem of file sharing is just tolerated as the fact of life that it will continue to be as long as really smart people think of ways to do it faster than suits and judges can stop them.

    It worked for Stephen King.

  156. How should DRM be used? by AmVidia+HQ · · Score: 1

    I'm not a fan of DRM, but I also understand that it's an effective way to protect artists' rights to their creation.

    My summary of the current state of the music industry's problems:

    1. Unavailability of legit, paid services that's superior to the free, "pirate" p2p networks (Apple's music store is pretty close though)

    2. Angry users that used to buy CD's, but no longer in disgust of the RIAA's inability to adapt

    So the question: In light of these 2 highlight problems, how should DRM be used to protect the "future" music industry, while giving enough freedom to the users so the current style of pirate p2p networks would lose their appeal? ie. What is your idea of a profitable music service, that is superior to the p2p networks as to be viable?

    ** My $.02 below **

    My idea of an ideal legit service would be to let users download whole, sample songs that are DRMed, and when users pay for individual songs they want, they get 100% DRM-free songs over ultra-fast connections (faster than what you can over pirate p2p anyway). There would also be forums and chatrooms where users can talk about music between themselves, and also with the artists. (think IRC), while other, currently unofficial channels (like fanclubs / sites) can be used as official advertising avenues.

    My rationale is that when you provide easy to access, DRM-free songs, people will get them even if they have to pay for them (at a very low price perhaps in order to compete with the free p2p networks) And when you embrace your fans and extend the "services" they create (and not extinguish them lol), you can profit.

    PS. I made a search engine for IRC and Torrents, everyone's favorite p2p networks. So plz be aware of the many grains of salt

    --
    VIVA1023.com | Political Fashion.
  157. Filesharing and the RIAA by Wm.+Edwards · · Score: 1

    I guess this has been burning here for a long time, and Id really like your views on the music scene as it has developed. I am 64 years old which means that I was a teen-ager at the introduction of the 45rpm single, and those little RCA portable players that you could save up to buy, and take to your friends house; or if they had a player you could just take the records. At the same time Columbia Records & CBS began promoting the LP.

    The RCA discs cost 47 cents here in Canada at the beginning, and I can remember paying 98 cents for Heartbreak Hotel just after Elvis was on the Ed Sullivan Show.

    Well, the war between Columbia/CBS and RCA continued with the record industry in the midst, and after a while, the only thing being marketed was albums. Still, on radio, the industry was promoting single tunes, while trying to sell an album based on the one song. Well I can remember how bad it was to get a complete non listenable dud on the B side of a 45, so it doesnt surprise me that the pressure was there to strip the individual tunes from a CD, and compile them into something you might like to hear.

    Radio today no longer has a Top 40, and stations are automated & play formula stuff. Web stations have been shut down by the very industry that used to inundate us with records and coerce our little station to play them.

    So the music industry has shot itself in the foot, while having in hand the means of salvation. Kids want single tunes, something they like to play over & over again, just like we did on that little RCA player back in the 50s. mp3 audio provided a way to do that, but the music industry refused to embrace the new technology, and now they remind me so much of the Luddites that tried to stop the Industrial Revolution that it makes me sick.

    So after this tirade Id love the opinion of someone in the industry on the thoughts of one who has enjoyed bits of it, and been saddened by others. Above all I appreciate the artists who have given us so much pleasure, and I would like to see a means where their works could be suitably rewarded.

    Bill Edwards

  158. Re:Erroneous? Probably not. by uncoveror · · Score: 1
    "Promote or perish, I believe is the saying, and nowhere is it more true than the music business, where public image is everything."

    Very true. Simply allowing file trading would be a much cheaper form of promotion then giving payola to an independent promoter, so he can give that payola(minus what he keeps) to radio stations. If people like the music, they will go buy a CD, or in some cases, a LP or cassette. People like to collect tangible things, but only the ones they like, and only when the price isn't a rip off.

    "Personally, I would like to see a user rather than hardware based DRM system. Huh? Well, Fred buys a CD. Fred then rips Fred's CD to MP3 on Fred's computer so he can transfer it to Fred's iPod. I've no problem with that, nor does the law. Then Fred copies Fred's MP3 to Jack's computer. Since Jack's computer is owned by Jack, and not Fred, the Fred's MP3 doesn't play."

    Home tape, and now CD-R trading is also a great form of promotion, word-of-mouth. Kill it, and you kill the goose that lays golden eggs. All DRM really does is create inconvenience, which will make the fans mad. You don't want that. If the $20 CDs at the mall have all kinds of DRM restrictions, but the knock-offs at flea markets and on street corners for five bucks don't, where do you think teens are going to buy?

    You will never convince the majority that they can't listen to music without coughing up some dough. We just don't accept that, after all, no one has to pay to listen to the radio, and you can overhear someone playing their CDs without paying, too.

    --
    The Uncoveror: It's the real news.
  159. what would you do if you owned an online CD store? by ykiwi · · Score: 1

    Normal and online CD Stores (shameless plug) are making razor thin margins on declining industry sales and are faced with industry pressures from:
    - the movement of the market to the gaming industry and DVD's,
    - supplier power from RIAA members keeping wholesale prices high
    - changes in the distribution method from CD to digital delivery.

    Looking to the future, what would you do if you owned an online CD store?

    (selling out is not an option :-)

    Lance

  160. Based in History by Allnighterking · · Score: 1

    Given that in my short (to me) lifetime the current arguements against MP3's etc are nothing new (First it was reel to reel then 8 track then Dual Drive Cassettes and Dolby) all of which were predicted by the RIAA to be the pending doom of the recording industry. Somehow the Recording industry in the past was able to pull it's act together and embrace and extend. Just like with all the prior attempts they did this by releasing a product that was higher quality and at a price that made it just too easy to do it the legal way. Like with the others MP3's that are home ripped are problematic (and in fact more difficult) than deck to deck with dolby. And like those are never as good (close) as the original. What is it that makes this any different? (and don't say file sharing... you should have seen the network for cassettes in college.)

    --

    I'm sorry, I'm to tired to be witty at the moment so this message will have to do.

  161. How can musicians get independent promotion? by Art+Tatum · · Score: 1

    Many of us know that the primary service provided by big labels is promotion of new music through radio. What are some ways musicians can get their music promoted on a level playing field without selling their rights to big record labels? It seems that it's either sign away all your rights or forget being promoted.

  162. Indy record labels by Sphere1952 · · Score: 1


    Given that the major labels' sales have tanked, why are the Indy record labels having such a banner year?

    --
    Big Brother Bush is doubleplus ungood.
  163. Promotion vs Piracy by MacWiz · · Score: 1

    Judging from the RIAA statistics, which are questionable at best and seem intentionally deceptive, it would appear that the industry ships out an average of $4 billion annually in physical goods that is never sold nor returned.

    My primary question is to ask why the mp3 file is not acknowledged as the inferior product which it is and used to replace this pricey "free goods" handout.

    If allowed a follow-up, it is simply to ask why the industry refuses to acknowledge the wealth of freely available material on the web, placed there by the independents for the purpose of promotion. Even all the majors I have spoken with will tell you that if there were some way to discern the authorized downloads they would have little problem with the filesharing. No objection to sharing the same songs they want to push on the radio anyway.

    What's the real motive behind wanting to totally control the Internet? Wait a minute. That's not a question. It's the answer. The RIAA wants it all and they're trying to shut the independents out so that they are the only door to the marketplace.

    This isn't about the money -- it's about the power to control the entire market for recorded music. THAT is why the authorized files for sharing are not acknowledged.

  164. Re:Erroneous? Probably not. by uncoveror · · Score: 1
    Not only do I vote, but I was an active volunteer for Lois Combs-Weinberg for U.S. Senate. We tried hard to oust legalized bribery's best friend in Washington, Mitch McConnell, but just couldn't compete with his massive war chest. All the same, the fight was worth fighting, and I will do it again in 2008.

    Now to DRM. It will always be cracked. It is an exercise in futility that will never stop counterfeiters, but will always be a pain in the ass to legitimate customers, just as it was for computer software in the 1980s. Did you ever have to fart around with one of those code wheels before you could play a game you had paid good money for? Did you then go get a cracked copy from a hacker friend, and throw away the damn code wheel, and never buy software from that publisher again? Customers should be wooed, not presumed to be thieves. Any business that treats customers like thieves deserves to go bust, as many software companies did in the 1980s.

    As for a pay for play system, that is exactly what the labels want, and some artists seem to agree. It will never happen. As far as buying music, I used to do it all the time. In the eighties, I bought hundreds of LPs, cassettes and CDs, and attended many concerts, but in that era the industry still understood that I was a customer to be wooed, not a debtor who owed them something. Bullying, threatening, and suing potential customers is not how you win friends and influence people.

    The industry, and some artists need to understand that no one owes them a debt simply because they exist. I can pick up a guitar, and play it, but that doesn't mean anyone who hears it now owes me a debt. It doesn't work that way, and never will.

    --
    The Uncoveror: It's the real news.
  165. Re:Never heard of you. by mkelley · · Score: 1

    The jackass comment wasn't toward Bill, sorry.

    --

    m.kelley
    life is like a freeway, if you don't look you could miss it.
  166. When the system breaks by Pro_Piracy_Guy · · Score: 1

    I read in wired a few months back an interview with an industry insider. He said he was sure all of the major lables would be bankrupt in the next five years, and that indie lables would replace them in the future. So, to answer your question, the RIAA will stop when they have no gigantic music industry left to support. Then and only then will reason and creativity return to the industry (i.e., CD's that don't cost twenty bucks, and artists that make more then 9%).

  167. Re:Which part of "transparent" didn't you see? by uncoveror · · Score: 1
    Reading this whole thread, I see that I have become way too emotional to argue rationally, and it is turning into a flame war. If I have caused offense, I am sorry, but heated debate does that.

    To me, DRM is a direct violation of my personal property rights. I will never accept it, not in an infinity of eternities. If I buy a CD, it is my personal property. I will listen to it on the device I choose. I will let freinds listen to it as well if they want to. I will use it as a drink coaster if that amuses me. I will resell it at disc-go-round if I want to. These things are my right because a disc I bought is my personal property!

    --
    The Uncoveror: It's the real news.
  168. Re:I respect your rights, do you respect mine? by uncoveror · · Score: 1
    There is an old Chinese curse, "May you live in interesting times." We certainly are living in interesting times. It seems that we, as a society are fighting to renegotiate the copyright bargain. An idea, once publicly expressed is in the public domain. We have already lost some control by expressing it. No matter how seriously we mean an idea we express, others can laugh it off. We can make a flippant remark hoping to get a laugh, and instead cause offense. In spite of these things, It benefits society as a whole when artists, inventors, and other people with ideas are given an incentive to share their ideas, rather than keep them secret. In a perfect world, National Endowment for the Arts, National Endowment for the Humanities, and National Endowment for Science could provide enough incentive, but that isn't practical. Instead, we have copyright law, patent law, and trademark law.

    Advocates of the free flow of ideas detest these things, especially since the term of copyright has been extended 11 times in 40 years, and only a few huge corporations like Disney have benefited. People who dislike copyright fall into two camps: those who view it as a necessary evil, and those who see it as an abomination that defeats the purpose of communication.


    I am in the former camp, not the latter, but DRM makes me so angry, that I often seem to be in the second camp. For a long time, hearing about these issues made me angry, but I did nothing substantive about it. Personal experience motivated me to act. The final straw that made me start dontbuycds.org was a karaoke disc published by Sound Choice. Headbangers Hits Volume X. The disc cost over thirty dollars. It had the Compact disc digital audio logo, but was encoded with Suncomm's Mediacloq brand of DRM. My computer was my player, and I used it to rehearse before going out to shows. I personally purchase hard rock and metal, because the DJs usually only have country. I could not use the disc without going and buying a dedicated player that was not computer based! Some are, so the cheapest one at Wal-mart might not work.


    To top it all off, Karaoke discs were never being ripped, and offered on Napster. File trading was no threat to them. The joke of it all is that the disc would copy in a dedicated copier, and real piracy, i.e. counterfeiting, was the only kind they had to worry about.


    Sound Choice took a lot of lumps over using Mediacloq, or as critics call it, Mediaclog. Some tolerated it because their discs, although expensive, contain the best background music, and most easily readable on-screen lyrics in the industry. Others abandoned Sound Choice, and have not gone back. The backlash eventually convinced them to stop using Mediacloq, and after a while, they did re-release my disc in a non-DRM format, and replace it, but forgiving and forgetting is hard. I have still not purchased any more of their discs. Ironically, many other publishers are selling downloads for computer based karaoke machines like the CAVS JB 99 digital jukebox. With it, a DJ doesn't have to lug around large, heavy quantities of CD media, or worry about getting them scratched up, or beer spilled on them. His whole songbook is on a hard drive in the player.


    Back to DRM. If publishers are going to use it, it had better be completely undetectable, or people like me will go off. This has never been technologically feasible, and I suspect it never will be. I could go on forever, but most of what I would say is on the site somewhere. By the way, the external links page lists many legitimate non-riaa music sources. Have you tried offering your music there?

    --
    The Uncoveror: It's the real news.
  169. Copyright infringements or social philosophies? by Wvyern · · Score: 2, Insightful

    How do you think any group will ever be able to enforce or completely limit filesharing anyway? The historical facts show that people will ALWAYS find a way to do what they want to do, regardless of what measures the PTB put in place to restrict or inhibit said actions. Remnember, many of the people who enjoy such forums as this are just sorts of people who will always take is as a personal challenge to discover a way around limitations, rules, laws, etc..., for no other reason that to prove it can be done. The more you fight it, the more creative they get, until eventually the original issue being debated is obscured by the battle that evolved between 2 groups with diametrically opposing viewpoints on life in general(think Democrats / Republicans not just fileswappers / RIAA)

    --
    "Sheep just follow the easiest path and run from scary noises and intimidating creatures." - Me
  170. To The Point by chaoticset · · Score: 1

    I've never heard of you before today. Why have I paid your salary, along with so many other Americans? What service do you provide, and if that service is better done by a computer for free (i.e. distribution by P2P and advertising through word of mouth) then why should I continue to pay you?

    --

    -----------------------
    You are what you think.
  171. royalties (rights to interest. dynamics.) by packrat2 · · Score: 1

    I also play. Not that I got the two hundreds bums in the seats... for nightclubbig... (200$ a day for street-musicians... ) two hundred a day for service calls, hookers, wWEB-SITES) I don't MP3. Some relitives do, but don't burn cds. (No money in it.) I don't web-site... it's p*ssing your life away... to mickysoft pirates, or file-shares, same thing to me. The reality is MICKY-soft is trying for the corperate model of royalites... while the public wants absolute ownership (cds/mp3s). mickysoft can buy more clout than voters. The ownership /property thing has moved from rights to interest again... ala the commons. (land held in the public interest to government ownership of public lands. huh. You wanna play that game? You're screwed before you start, kid. Get used to 4/5 of the copies out there being illegal... The Official channels being a nasty 80 percent loss.. ( an artist makes maybe a buck off a 20$ cd) Mickysoft tends to steal whatever tech they want. Pirates onna golbal scale. Luckers, fella. AND the market being fairly low to begin with. (Most studios are in the ad indusrty... thou radio might be first) like your momma said, you can't make a living from it, so don't even try. pat

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    packrat ; writer-informer. http://packrat.comicgenesis.com http://www.youtube.com/area163 https://www.smashwords.com/