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Radio Royalty Legislation Described As 'RIAA Bailout'

An anonymous reader tips an article at TechDirt about draft legislation from Representative Jerry Nadler (D-NY) that would dramatically increase the music royalty fees for cable and satellite radio to put them at the same level as internet radio streaming. TechDirt calls this the 'RIAA Bailout Act of 2012' and says the RIAA has been pursuing similar legislation to increase royalty rates for terrestrial radio as well. "As it stands now, the rates are so damaging that Pandora — the top player in the space — has made it clear it may never be profitable. Yes, never. Nadler's bill would effectively make sure that no one else in that market would be profitable either. The end result? Many of these services don't exist or never get started. That would actually mean fewer services, fewer listeners and lower royalties. It's almost as if he has no concept of price elasticity. Lower prices can create higher total income. Also, the idea that any particular Congressional Rep. should be (effectively) determining what the "fair" price is for anything is, well, horrifying. "

272 comments

  1. Don't Understand by rwise2112 · · Score: 5, Insightful

    Seems they (the RIAA) would rather take nothing, and blame it on piracy, than take something!

    --

    "For every expert, there is an equal and opposite expert"
    1. Re:Don't Understand by Samalie · · Score: 5, Interesting

      Actually, I'd say it is closer to...the RIAA would rather destroy the entire recording industry than modify their business model from that which made them all filthy rich until the last decade or so.

      They've fucking lost it. They have absolutly no comprehension or understanding that they don't mean shit anymore. Nobody NEEDS the RIAA or the major labels anymore. Anyone with a few thousand can create a damned good recording studio, cut an album, release it online independently (and to streaming sites), thereby cutting the RIAA entirely out of the equation.

      But at the heart, you are correct...the RIAA says a song has a value of x. The world says the same song has a value of x/50. THe RIAA has decided that if they can't get x, they don't want anything.

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    2. Re:Don't Understand by Anonymous Coward · · Score: 5, Interesting

      Exactly. There's a lot of companies like that. The RIAA, MPAA, Harmony Gold, etc don't like customers, they just want to sue people. It helps that they plan on making laws to force you to pay anyway, regardless of whether or not you listen to music

    3. Re:Don't Understand by Anonymous Coward · · Score: 0

      Exactly. There's a lot of companies like that. The RIAA, MPAA, Harmony Gold, etc don't like customers, they just want to sue people. It helps that they plan on making laws to force you to pay anyway, regardless of whether or not you listen to music

      Oh man, you cited Harmony Gold. The pariah of the anime world.
      If I had mods points I'd give them all to you.

    4. Re:Don't Understand by MickyTheIdiot · · Score: 5, Insightful

      If you look at history, it seems that big industries that are dying out all fit into a similar pattern.

      As usual, we look like the Gilded age years when the fatcats always got exactly everything they wanted from congress. The Gilded age, of course, led straight to the great depression.

    5. Re:Don't Understand by plover · · Score: 2

      But at the heart, you are correct...the RIAA says a song has a value of x. The world says the same song has a value of x/50. THe RIAA has decided that if they can't get x, they don't want anything.

      No, the RIAA has decided to settle for .02*x in the hopes that it might stay at .03x or long enough to snort a few more grams of coke.

      --
      John
    6. Re:Don't Understand by Joce640k · · Score: 4, Insightful

      FTA: Rep. Jerrold Nadler (D-N.Y.) released a discussion draft of a bill Monday that would increase compensation for recording artists^W^W record company executives.

      FTFT.

      --
      No sig today...
    7. Re:Don't Understand by Anonymous Coward · · Score: 0

      Have you created a studio, cut an album, and released it, and was it a success?

      If not, then why would we think you have any clue as to what you're talking about?

      So many experts here. So many successful artists and musicians!

    8. Re:Don't Understand by u-235-sentinel · · Score: 1

      Actually, I'd say it is closer to...the RIAA would rather destroy the entire recording industry than modify their business model from that which made them all filthy rich until the last decade or so.

      They've fucking lost it. They have absolutly no comprehension or understanding that they don't mean shit anymore. Nobody NEEDS the RIAA or the major labels anymore. Anyone with a few thousand can create a damned good recording studio, cut an album, release it online independently (and to streaming sites), thereby cutting the RIAA entirely out of the equation.

      But at the heart, you are correct...the RIAA says a song has a value of x. The world says the same song has a value of x/50. THe RIAA has decided that if they can't get x, they don't want anything.

      Works for me. I've been spending more and more on indie's. If the RIAA wants to go bankrupt I'm sure they will get that bailout that politicians seem to enjoy pushing these days.

      Seems pretty damn insane to me.

      --
      Has Comcast disconnected your Internet account? Same here. You can read about it at http://comcastissue.blogspot.com
    9. Re:Don't Understand by Anonymous Coward · · Score: 0

      FTFT^WFTFY

      FTFY

    10. Re:Don't Understand by Anonymous Coward · · Score: 1

      I believe I smell a Macross fan.

    11. Re:Don't Understand by Calydor · · Score: 1

      Maybe he meant Fixed That For Truth?

      --
      -=This sig has nothing to do with my comment. Move along now=-
    12. Re:Don't Understand by Anonymous Coward · · Score: 0

      FTFT.

      Fixed that for thou?

    13. Re:Don't Understand by mellon · · Score: 3, Interesting

      Personally, I hope they get what they are asking for. The sooner they drive themselves out of business, the sooner we can actually fix the music industry.

    14. Re:Don't Understand by OldSport · · Score: 1

      Nobody NEEDS the RIAA or the major labels anymore.

      Which is exactly why the RIAA and the major labels are spending all this lobbying money: to legislate themselves into relevance. What consumers need won't matter once every alternative channel has been demolished by our elected representatives just going along with the RIAA bullshit.

    15. Re:Don't Understand by Anonymous Coward · · Score: 0

      One good microphone of the type used in real studios (DPA, Schoeps, Neumann) costs "a few thousand." That's because microphones are mechanical instruments and precision manufacturing is still pretty expensive. If you go for cheap Chinese condensers and dynamic mics you might be able to get enough to multitrack a rock band for a few grand. Then you're going to need good power supplies and amps for them to sound their best, add a few thousand more. However, what a real recording studio brings is not so much the gear but the room. You're not going to get a good room without shelling out serious cash to either build it yourself or rent. Maybe you are a good carpenter and can build your own Helmholtz resonators? Putting a bunch of foam on the walls of your friends basement will not make it sound good. Even if you use the ultra minimalist approach taken by the Cowboy Junkies _Trinity_Sessions_ album and find a church that will let you record for free you're still going to need a really good mic. That album was recorded live with a single mic but it was a $10,000 SoundField mic.

      Tracking is easy but mixing and mastering is very hard and also require a very good room and sound system. In addition to talent it takes a lot of practice and people who are good at it charge a lot of money. Even people that suck and will fuck up your recording with clipped peaks still charge $150 an hour.

    16. Re:Don't Understand by Anonymous Coward · · Score: 0

      Not quite, the Hartley-Smoot tariff is what made a crash into the great depression

    17. Re:Don't Understand by jamstar7 · · Score: 1

      Actually, I'd say it is closer to...the RIAA would rather destroy the entire recording industry than modify their business model from that which made them all filthy rich until the last decade or so.

      Correct.

      They've fucking lost it. They have absolutly no comprehension or understanding that they don't mean shit anymore. Nobody NEEDS the RIAA or the major labels anymore. Anyone with a few thousand can create a damned good recording studio, cut an album, release it online independently (and to streaming sites), thereby cutting the RIAA entirely out of the equation.

      Agreed, they've lost it, but if you think they have zero comprehension of the fact that they are obsolete dinosaurs on the way to the evolutionary scrap pile, you're mistaken. They know they're doomed. And they know if they make streaming media and downloads unprofitable, people will go back to pirating or buy their overpriced cds. By constantly pushing for harsher laws on 'piracy', they get the best of both worlds. More 'John Doe' lawsuits, more 'Let's phish some quick blow money' emails. More people get caught and bankrupted, more people get forced to buy their product, and life goes on, and hookers & blow continue to flow. They spent decades wedging themselves in as middlemen, they're not gonna go away quietly, not when to do so means they might actually have to work for a living. And not while they can 'campaign contribute' themselves into a guaranteed profit.

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    18. Re:Don't Understand by Darinbob · · Score: 1

      Since time is linear, a great many things led to the great depression, including the black plague, the invention of lager, and the death of Marie Curie.

    19. Re:Don't Understand by poofmeisterp · · Score: 1

      ...THe RIAA has decided that if they can't get x, they will get it through legal scare and gag tactics .

      Slight modification. :)

    20. Re:Don't Understand by Anonymous Coward · · Score: 0

      That would be "Thee".

    21. Re:Don't Understand by AssholeMcGee+ · · Score: 1

      This reminds me of the fall out from punk rock while it was becoming popular in Britain, record companies started all kinds of propaganda to try and kill this music genre, based on the fact that a number of people were building "basement" or using small business buildings as studios since no major label wanted anything to do with this music. Since they could not stop it, they decided to buy out or threaten lawsuits to these smaller independent studios, and they effectively killed the momentum, and killing any chance they had to gain any money from the music. I expect some slashdotters to rip on punk, but the recording industry effectively would rather kill itself off as long as they also destroy any threats to there monopoly.

    22. Re:Don't Understand by Anonymous Coward · · Score: 0

      They're lawyers - not economists.

      The thing that bothers me is that they use Romneyesque schemes to avoid paying taxes and then demand government help.

      People who avoid paying taxes should get no government help.

      We should also restore the 'lost' 13th Amendment. It was passed by northern states during the US Civil War.

      "If any citizen of the United States shall accept, claim, receive or retain any title of nobility or honour, or shall, without the consent of Congress, accept and retain any present, pension, office or emolument of any kind whatever, from any emperor, king, prince or foreign power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or profit under them, or either of them."

      In other words, accepting bribes from foreign powers would cost them both their office and their citizenship.

    23. Re:Don't Understand by lsatenstein · · Score: 1

      So the swing will be more and more to talk radio and call-in shows.

      --
      Leslie Satenstein Montreal Quebec Canada
    24. Re:Don't Understand by Hentes · · Score: 1

      As the RIAA members own most big radios this won't hurt them as it's like putting money from one pocket to another. But the move ensures that no independent radio can become viable. The RIAA is doing what they have always done, trying to keep their oligopoly at all costs.

  2. and your point is? by Anonymous Coward · · Score: 0, Insightful

    the government we currently have wants to control everything. 'spread the wealth around' i think is the catch-phrase

    1. Re:and your point is? by Anonymous Coward · · Score: 0

      Start listening to some facts, stop listening to Limbaugh, and take your mind back.

    2. Re:and your point is? by Anonymous Coward · · Score: 1

      The musicians didn't write that song.

    3. Re:and your point is? by dnahelicase · · Score: 4, Insightful

      the government we currently have wants to control everything. 'spread the wealth around' i think is the catch-phrase

      This would be the opposite. This is "concentrate the wealth and make sure it doesn't get into any new hands"

    4. Re:and your point is? by Anonymous Coward · · Score: 0

      never listen to limbaugh, except when i need a good laugh

    5. Re:and your point is? by MetalliQaZ · · Score: 1, Offtopic

      Yep. You have exposed a great example of human nature: ignore critical thinking and interpret any new information as supportive of an existing belief.

      --
      "Here Lies Philip J. Fry, named for his uncle, to carry on his spirit"
    6. Re:and your point is? by Gripp · · Score: 1

      I think you've got something backwards. This would accomplish the opposite. Keeping the money in the hands of a dated model that doesn't work rather than allowing it to be "spread around" via new business models.

    7. Re:and your point is? by Anonymous Coward · · Score: 0

      I'm so glad you used this argument. It makes it so easy to discount you as an idiot.

      It's telling that the entire GOP convention is going to use poor argument based on an out of context quote to use as their convention theme. It kind of tells you what the entire campaign is about: making shit up because they have nothin'.

    8. Re:and your point is? by Anonymous Coward · · Score: 0

      the government we currently have wants to control everything.

      99% of voters demand that government control everything. If you don't like it, start talking to them, and persuade them to vote differently. We can defeat the Republicrats; the problem is that we don't want to. Prediction: Obama/Romney win with 99% of popular vote and 100% of electoral vote.

    9. Re:and your point is? by Anonymous Coward · · Score: 0

      Which is unfortunate and terrifying. The Republicans have been selfish and superstitious for all my life, but it wasn't until the last 10-20 years that they completely rejected reality.

      We have a situation where one of our two political parties has been completely taken over and destroyed by ignorant conservatives, leaving a 1 party system. We need a second sane party to challenge the Democrats.

    10. Re:and your point is? by interval1066 · · Score: 1

      Wow... you're right. The GOP must have stolen their playbook from the Democraps.

      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    11. Re:and your point is? by dywolf · · Score: 1

      This is neither really. They dont care about spreading it around or concentrating it. They just want a piece of "it", and as much of it as they can get. Their agenda is no more complicated than that.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
  3. Fuck em by Anonymous Coward · · Score: 1

    I need a bailout. What about the American people? The national debt passed 16 trillion recently.

    1. Re:Fuck em by Joce640k · · Score: 1

      Yeah, who do I vote for so the people get a "bailout"? Surely there's a politician out there with enough balls to propose it.

      Hint: You could be the next president...just sayin'.

      --
      No sig today...
    2. Re:Fuck em by miltonw · · Score: 1

      Umm... That's already the way things are. If you join a union or run a bank or connect up with any group that throws money at politicians, you will get your "bailout". That's the way it works.

      For the rest of us, not so much.

  4. On Priorities and Strategy by eldavojohn · · Score: 5, Insightful

    Nadler's bill would effectively make sure that no one else in that market would be profitable either. The end result? Many of these services don't exist or never get started.

    I think that's quite the desired effect by the RIAA, to repress technologies and services. This is a deep rooted mentality that has been "proven" in their eyes by cassette tapes (remember when people were duping records and recording radio plays and that was destroying everything?) and Napster and Bittorrent -- all new technologies that they attribute with the decline of their iron grip on their "consumers." Internet radio is just the latest demon and, of course, if their profits slide it will be the new scapegoat. The article notices this as well:

    “Congressman Nadler’s discussion draft would only perpetuate this hypocrisy and worsen an already flawed legislative mistake that is discriminating against new technology and hampering innovation,"

    I do slightly object to this statement:

    t's almost as if he has no concept of price elasticity. Lower prices can create higher total income.

    No, I disagree with you there. I think services like Amazon and iTunes have shown them this and they reject that concept anyway. They built up their empires by reducing the diversity of music and creating a single song that everyone had to have. Radio jockeys play it 24/7, the Billboard Top 100 tells you what it is and it's basically slammed down your throat everywhere. This strategy payed off very well for them for quite some time. They wanted to reduce the amount of music you wanted or desired and price it out at $18 for the album. Everybody had to buy it and that's why you can pick up New Kids on the Block or Brittany Spears albums at your local thrift store for pennies now. And that's the best way the RIAA could have it since everyone got sick of that music, burned out on it and had to have the next $18 album that they were told to buy. Since everyone had to buy it that was $18 * tons of money.

    Now new technology comes along and offers a more diverse music repertoire and the possibility of buying that single song and *GASP* radio jockeys that aren't yoked into playing the same goddamn song over and over again. And this frightens the music executives. They know about price elasticity, they just don't want the profits they should be making and instead wish to return to a simpler time when they told you what to pay and everyone paid that because there was no other option and society was shoving it down their throats. Lower prices CAN create higher profits but the way the RIAA has been running the show means it probably will not.

    --
    My work here is dung.
    1. Re:On Priorities and Strategy by ciderbrew · · Score: 1

      Is it possible to set up an alternative RIAA? Trade group monopoly must be broken.

    2. Re:On Priorities and Strategy by Anonymous Coward · · Score: 0

      Not until you starve off the companies to the point they figure out that they've been footgunning themselves with this game they're playing.

      Easiest way is to support unsigned acts- which as often as not are actually better than the signed ones.

    3. Re:On Priorities and Strategy by gstoddart · · Score: 1

      Is it possible to set up an alternative RIAA?

      Maybe not the entire RIAA, but there are record labels which aren't members.

      Fat Wreck Chords for example.

      Trade group monopoly must be broken.

      That would take a court ruling, legislation, or a freakin' miracle. These are the guys writing the current copyright laws (and exporting them via ACTA etc) ... which means they're 'greasing the wheels' an awful lot, so the lawmakers aren't going to cut them off.

      Somehow, an industry cartel is dictating terms to government and getting away with it. They want it entrenched in law in every country that they get tithed.

      --
      Lost at C:>. Found at C.
    4. Re:On Priorities and Strategy by interval1066 · · Score: 1

      Is it possible to set up an alternative RIAA? Trade group monopoly must be broken.

      Sure. I think the problem thr RIAA is facing is that they're no longer "needed", if they ever were. Rather than set up a new anachronism I suspect a new marketing paradigm is a better idea, like what many artists are already doing.

      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    5. Re:On Priorities and Strategy by mcgrew · · Score: 1

      Now new technology comes along and offers a more diverse music repertoire and the possibility of buying that single song

      Gees, you kids today... the single was introduced in 1949. They came on roughly CD-sized platters (well, slightly larger than a CD).

      and *GASP* radio jockeys that aren't yoked into playing the same goddamn song over and over again.

      And yet this, too, came from the past. In the 1950s it was illegal for a record company to pay to have songs played, yet the labels bribed disk jockeys all the time. There was a big scandal about that called "payola" when I was a kid. To someone my age, the idea that a radio station would have to pay to play a labels' song is really, really weird and backwards. It's like a TV station having to pay Ford to run Ford commercials. If nobody hears your song, nobody is going to buy your song. Airplay is advertising.

      Why are you dumb kids letting the MAFIAA win? Stand up, damn it!

    6. Re:On Priorities and Strategy by Pentium100 · · Score: 1

      But if the radio plays that song all the time then I have less desire to buy it, since I can hear it on the radio anyway. If I really want to, I can record it to tape without much trouble. I buy the records with music that is played on the radio less often than I would like (or is not played on the radio at all).

  5. I see nothing wrong with this. by Anonymous Coward · · Score: 0

    These royalties go to the correct respective artists/labels based on the actual songs. The media middleman does not deserve any profit or credit, as it is not the middleman's work that the consumers actually want.

    Any step towards killing the media middleman is a positive one as far as I'm concerned. Artists are like businesses - if you can't make a living off of your works then it's time to move on to something else.

    I'm dead against arbitrary media levies, but that is not at all the same thing.

    For the record, I do buy music, but only when I know the money is going to the actual artist. I like beatport and have little hesitation toward buying expensive concert tickets for artists I like.

    1. Re:I see nothing wrong with this. by TemperedAlchemist · · Score: 0

      These royalties go to the correct respective artists/labels based on the actual songs. The media middleman does not deserve any profit or credit, as it is not the middleman's work that the consumers actually want.

      Oh to be young and naive.

    2. Re:I see nothing wrong with this. by Ignacio · · Score: 1

      Any step towards killing the media middleman is a positive one as far as I'm concerned.

      The RIAA IS the middleman. Fail harder.

  6. Awesome by Anonymous Coward · · Score: 1

    I love watching greedy people try to imposeold business models on new technologies and systems.

    It's like watching Bashar Al-assad (RIAA) cling to dictatorial power through Russian and Chinese influence (congress) while, American CIA Officers (no actual corresponding role in this analogy) funds "rebels, and definitely NOT terrorists" (file sharing and other new technology adherents) to disrupt a regime in the name (in my best George W. Bush impression) FREEDUM.

    1. Re:Awesome by MickyTheIdiot · · Score: 3, Insightful

      In every dying industry that made loads of money in its heyday, they're whining to Congress.

      The correct action is to let them die out.

      However, the most steady trait of corporate fat cats is they are all for the free market in public but are the first the whine about it when the market turns against them.

  7. Never is a long time by Maximum+Prophet · · Score: 4, Interesting

    This isn't about the money, it's about control. If they can get a law that makes default royalities so high no-one can enter the business, they'd be overjoyed. Then, when everyone else is locked out of the business, they can buy up the failed businesses, and run their own monopoly services. They might not be extracting every last cent out of the music, but they, and only they would control it. (Artists and Listeners can take a hike)

    --
    All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
  8. The more you tighten your grip, Tarkin... by RogueWarrior65 · · Score: 1

    The more star systems will slip through your fingers. Or to put it in more terrestrial terms, no company, when hit with arbitrary regulation, will simply take it up the a$$. The newly regulated company will A) pass the cost on to the customer, B) lay people off, or C) go out of business. This is the same unintended consequence that stalks Net Neutrality. If you think a phone company like AT&T (which btw, has only a 3.67% profit margin) will simply continue to increase available bandwidth and quality of service because some government flunky forced them to handle everyone's pointless video chat traffic, think again. They will delay or stop service improvements or they will raise the rates for everyone. Don't believe me? Ever look at all the little persnickety fees on your bill? All those social-engineering mandates are listed there.

    1. Re:The more you tighten your grip, Tarkin... by Anonymous Coward · · Score: 0

      "net neutrality" I don't think those words mean what you think they mean.

    2. Re:The more you tighten your grip, Tarkin... by Anonymous Coward · · Score: 0
      What amuses me is all of the finger pointing that goes on, government blames business, business blames government, both blame consumers. I tend to believe that, as far as telecommunications go, if we, as a society would evaluate what is really important, we wouldn't have nearly as many issues. BUT, because young folks today have been raised with SUCH an entitlement problem, most people GENUINELY believe that they deserve to download songs and entertainment for free, have massive amounts of bandwidth available to them specifically (remember, in their world they are the only one that matters), and should be allowed to have super-extra-mega cutting edge technology for pennies.

      The sad thing is, this attitude started with those fucking baby-boomers. We're just now seeing the repercussions.

  9. Clearance; promotion by tepples · · Score: 3, Interesting

    Anyone with a few thousand can create a damned good recording studio, cut an album

    How should someone who writes and records an album verify that the songs he wrote don't accidentally infringe a third party's copyright?

    release it online independently (and to streaming sites)

    How should they promote it to listeners who aren't already streaming music in their vehicles? These listeners use FM radio because they don't already have a sufficiently expensive data plan or they aren't aware of the streaming sites.

    1. Re:Clearance; promotion by gstoddart · · Score: 2

      How should someone who writes and records an album verify that the songs he wrote don't accidentally infringe a third party's copyright?

      Write original material?

      How should they promote it to listeners who aren't already streaming music in their vehicles? These listeners use FM radio because they don't already have a sufficiently expensive data plan or they aren't aware of the streaming sites.

      Or, you know, maybe they like radio. Some people actually do.

      --
      Lost at C:>. Found at C.
    2. Re:Clearance; promotion by Anonymous Coward · · Score: 0

      Copyright is not a patent.

    3. Re:Clearance; promotion by Anonymous Coward · · Score: 1

      "Write original material?"

      Yeah, that's what George Harrison thought he was doing when he wrote "My Sweet Lord". Why don't you go look up how that turned out for him ...

    4. Re:Clearance; promotion by Joce640k · · Score: 4, Funny

      How should someone who writes and records an album verify that the songs he wrote don't accidentally infringe a third party's copyright?

      This word "write". I don't think it means what you think it means...

      --
      No sig today...
    5. Re:Clearance; promotion by GrumpySteen · · Score: 1

      How should someone who writes and records an album verify that the songs he wrote don't accidentally infringe a third party's copyright?

      Nobody verifies this under the present system, so an individual releasing stuff isn't any different.

      How should they promote it to listeners who aren't already streaming music in their vehicles? These listeners use FM radio because they don't already have a sufficiently expensive data plan or they aren't aware of the streaming sites.

      Believe it or not, people hear music in places other than their cars.

      Word of mouth, YouTube, free song downloads, send promo CDs to college and independent radio stations, set up accounts with the various social networks, opening for other bands... there are lots of ways to get your music in front of people. If you're good, you'll build a fan base and that fan base is the only thing you absolutely have to have to make a career out of music.

    6. Re:Clearance; promotion by Anonymous Coward · · Score: 1

      Or, you know, maybe they like radio. Some people actually do.

      I don't like radio, I'm just too cheap to install an mp3 player in my car and too lazy to change out cds
      I also believe the acoustics in my car are why my singing sucks, and that is why I can't just create my own music on the road.

    7. Re:Clearance; promotion by rickb928 · · Score: 0

      I don't stream music in my vehicle because it is not worth the hassle. Older vehicles limit you greatly, and an integrated radio/CD/info system like the Saab NG900s makes replacing the radio both nontrivial and dissatisfying in many ways. Yes, a cassette adapter and bluethooth plugin would solve it, but I'm not interested, and Pandora, for one, does not do a good enough job with the channels I crate to make it worth it. Plus I have a huge library already. I just need a better shuffler, and another 300GB on my phone to carry it around. I take stuff off and put stuff on weekly to shake it up.

      Oh, and it is a chore - a genuine chore - to find anything new that is interesting. Pop is dead, hip-hop is largely offensive, rap is worse, what passes for rock is not the least inventive. I can listen to Katy Perry only so long, and I can find lots of artists that offer me one or two tracks I can bear to hear twice, but nothing like a whole disc worh of good marterial. I've been rediscovering The Who, but listening to that in a vehicle is a discrace - the noise floor means I miss so much beauty, and tney did such great work early on. Yes, I sample high or go lossless, hence the space crunch.

      Lots of reasons to be underwhelmed with music these days.

      --
      deleting the extra space after periods so i can stay relevant, yeah.
    8. Re:Clearance; promotion by tepples · · Score: 1

      Nobody verifies this under the present system, so an individual releasing stuff isn't any different.

      Still, what steps should an individual take to minimize liability?

      Believe it or not, people hear music in places other than their cars.

      Yeah, like restaurants and retail establishments, which play either the radio or a Muzak-like stream.

      In any case, people who listen to music on MP3 players are listening to music that they've bought because they've heard it elsewhere. Now what "elsewhere" are you talking about? I was under the impression that in order to listen to Internet radio without a cellular data plan, you had to be sitting in front of your computer. You mentioned "YouTube, free song downloads", but in such cases, how do listeners become aware that a particular music video exists or particular free song downloads exist?"

    9. Re:Clearance; promotion by Shagg · · Score: 2

      How should someone who writes and records an album verify that the songs he wrote don't accidentally infringe a third party's copyright?

      Hire more lawyers than the third party does.

      --
      Unix is user friendly, it's just selective about who its friends are.
    10. Re:Clearance; promotion by Anonymous Coward · · Score: 2, Informative

      Nobody verifies this under the present system, so an individual releasing stuff isn't any different.

      Still, what steps should an individual take to minimize liability?

      Believe it or not, people hear music in places other than their cars.

      Yeah, like restaurants and retail establishments, which play either the radio or a Muzak-like stream.

      In any case, people who listen to music on MP3 players are listening to music that they've bought because they've heard it elsewhere. Now what "elsewhere" are you talking about? I was under the impression that in order to listen to Internet radio without a cellular data plan, you had to be sitting in front of your computer. You mentioned "YouTube, free song downloads", but in such cases, how do listeners become aware that a particular music video exists or particular free song downloads exist?"

      Want to minimize liability? Form an LLC. It takes $50 bucks and an application from the state of Delaware to do this. Release the song under the LLC. The worst you can be sued for is for your PROFITS under the LLC unless you knowingly did something illegal. The corporate veil is actually a useful thing here - it protects you from personal liability unless you were like "wow, that track is awesome...so I'll just copy it."

      As far as promotion...frankly, tough question. However, I'm certain that bands who already work with the studios already have this problem. You honestly think that Katy Perry has been the only person writing music this year? Good stuff is already being ignored - don't give up just because Sony (c) won't back your album.

    11. Re:Clearance; promotion by canajin56 · · Score: 1

      Write original material?

      The reference here was probably to Elastica getting sued by Wire over 5 notes. So, 5 notes, regardless of tempo or key change, leaves about 40,000 unique "song parts". And of course, a large portion of them sound terrible, so there are maybe a few thousand possible parts of songs, and each song will be made of many of them. Since there are a lot more than a few thousand songs, by Wire's logic, there are no unique songs left in the world. Of course, that was settled out of court, so it's not actually the law at all ;) Except perhaps it is precedent (not in the legal sense) of having to defend against insanely absurd lawsuits from jealous bands all over the world. And that's enough.

      --
      ASCII stupid question, get a stupid ANSI
    12. Re:Clearance; promotion by shadowrat · · Score: 1

      Nobody verifies this under the present system, so an individual releasing stuff isn't any different.

      Still, what steps should an individual take to minimize liability?

      IANAL, but my advice would be to talk to one. It seems like a better option than dealing with the RIAA anyway. A lawyer will work for you. Your relationship with a recording studio is the opposite of that.

    13. Re:Clearance; promotion by shadowrat · · Score: 2

      Oh, and it is a chore - a genuine chore - to find anything new that is interesting. Pop is dead, hip-hop is largely offensive, rap is worse, what passes for rock is not the least inventive. I can listen to Katy Perry only so long, and I can find lots of artists that offer me one or two tracks I can bear to hear twice, but nothing like a whole disc worh of good marterial. I've been rediscovering The Who, but listening to that in a vehicle is a discrace - the noise floor means I miss so much beauty, and tney did such great work early on. Yes, I sample high or go lossless, hence the space crunch.

      Lots of reasons to be underwhelmed with music these days.

      I think you might be listening too hard.

    14. Re:Clearance; promotion by interval1066 · · Score: 1

      How should someone who writes and records an album verify that the songs he wrote don't accidentally infringe a third party's copyright?

      If you think that artists get "help" from the RIAA scanning for copyright infringement I have a song I'd like to sell you...

      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    15. Re:Clearance; promotion by MightyYar · · Score: 5, Insightful

      And it's so common that the example that immediately popped into your brain happened 40 years ago.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    16. Re:Clearance; promotion by ranpel · · Score: 1

      I'm trying to comprehend where your line of questioning is going. You seem rooted in "because they've heard it elsewhere". That is not valid. Anyone exploring for music is far and away not relegated to exploring the terrestrial radio output or a restaurant booth. That would be a rock that only you're under I should think. That's what the RIAA et al seem to believe as well and, in fact, that is probably precisely what they're aiming for.

      Anyway, after the individual or small group event that "notices" a lick they like then good old fashioned word of mouth (or wire as it were) is "how".

      and would that they could I'd venture a guess that establishments firmly under the foot of the current regime that are forced to pay for the possibility that their patrons might actually hear something they (riaa), apparently, invented would be more than happy to stream "non-compliant" sounds to those dear, hapless patrons.

      or fuck, I don't know, maybe the creator of the new tune could, I don't know, send it to fucking radio stations, wired and not? Like the old days?

      Just a guess.

      --
      \r
    17. Re:Clearance; promotion by Urza9814 · · Score: 1

      release it online independently (and to streaming sites)

      How should they promote it to listeners who aren't already streaming music in their vehicles? These listeners use FM radio because they don't already have a sufficiently expensive data plan or they aren't aware of the streaming sites.

      Same way anyone else does. My dad DJs on a local radio station. Most -- actually, ALL of the music he plays, he finds himself and acquires himself. The stations have blanket licenses that cover pretty much anything, and they tell him to play whatever he wants. A lot of the music comes from iTunes on Amazon. All of which he burns to CD, combines with physical CD purchases, and plays off of those. No reason he couldn't throw some more independent artists, the problem is only licensing of it. But if it's purely about gaining listeners (which I don't see why it shouldn't be for independent labels and with how few people use radio anymore) they can just put a notice with their song that your purchase counts as a license for limited radio plays or something.

      Hell, a few years back I discovered one of my current favorite artists, Mayday!, through radio plays of their song Groundhog Day. They were on SouthBeat records at the time, and the information I can find indicates SouthBeat isn't RIAA-affiliated. So how'd that get on the radio? It got popular thanks to YouTube, got listener requests, and somehow made it. Dunno if the stations have separate licensing agreements under which SouthBeat was covered, or if they created one, or if they just played it without one...but it happened.

    18. Re:Clearance; promotion by Urza9814 · · Score: 1

      In any case, people who listen to music on MP3 players are listening to music that they've bought because they've heard it elsewhere. Now what "elsewhere" are you talking about? I was under the impression that in order to listen to Internet radio without a cellular data plan, you had to be sitting in front of your computer. You mentioned "YouTube, free song downloads", but in such cases, how do listeners become aware that a particular music video exists or particular free song downloads exist?"

      OK, I know I'm probably a bit unusual here, but I can think of three songs in my entire life that I have found through the radio. The most recent one was in 2006.

      I find new music from my friends. I find new music from online services like Last.fm and Pandora. I find new music by going directly to the artists website and looking for new releases. I find new music by asking for forums. By looking at who artists I enjoy have performed with. Or listen to. Or by YouTube's related videos.

      I can't even remember the last time I really remember hearing a radio playing. I'm also possibly younger than you -- 22 -- and that may be part of it. I don't know anyone who regularly listens to the radio. I can tell you when the last time I was listening to the radio and didn't think whatever was playing was complete garbage was -- summer of 2006. Nobody I know listens to the radio, other than my mother. Hell I know people who use iPods plugged into casette adapters that only play out of the left channel and are of such poor quality that there's constant interference...but they still think that's better than the trash on most radio stations these days.

    19. Re:Clearance; promotion by Urza9814 · · Score: 1

      Oh, and I wish I could edit my comment to add this...but...

      I don't have a cell phone with a data plan. Hell I don't even have a working MP3 player right now -- and I haven't in almost a year. I find music online, I purchase it on my computer, and I burn it to CD. How hard is that? So you have to be sitting in front of your computer to discover music. Doesn't mean you have to be sitting in front of your computer to listen to it.

    20. Re:Clearance; promotion by rickb928 · · Score: 1

      Forgive me for caring about what I listen to.

      --
      deleting the extra space after periods so i can stay relevant, yeah.
    21. Re:Clearance; promotion by dkleinsc · · Score: 2

      How should they promote it to listeners who aren't already streaming music in their vehicles?

      That's easy: Perform live. That's where the vast majority of musicians make their real money anyways.

      Most bands perform live for a couple of years at least before releasing an album. And the #1 way to sell albums when starting out as an independent musician is to bring them with you to your live gigs and sell them to people who are already enjoying hearing you perform (and often a little drunk and impulsive, which makes it easier). Now, you don't sell as many albums that way, but the math works out that you make the same amount as you would have with a label if you sell only 1/10 the albums you would have sold with the label. 100 albums at a gig as an independent = 1000 albums in a store as a signed band.

      This is also getting easier with the introduction of relatively cheap recording equipment and editing software, meaning your initial cost of recording the album in the first place is much lower now than it was 20 years ago.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    22. Re:Clearance; promotion by rnturn · · Score: 1

      How should they promote it to listeners who aren't already streaming music in their vehicles? These listeners use FM radio because they don't already have a sufficiently expensive data plan or they aren't aware of the streaming sites.

      Or, you know, maybe they like radio. Some people actually do.

      Nowadays, radio is fine is all you want is some background noise while you're performing some menial task.

      But... if you try listening to the radio to actually hear music, you'll be very disappointed.

      Any more, I only listen to the radio when I want to hear a talk show. Any other time, dinosaur that I am, I've played a CD or, if at home, a jukebox of CDs to avoid having to listen to close to thirty minutes of commercials per hour. (Happily, I can still listen to classical music on the radio. The commercials are fewer in number and announcer-read so they're not so jarring.) One "Classic Rock" station I grew up with started out as a classical station with Rock after midnight (then 11:00PM, then 10:00, and so on until they went Rock full time in the early/mid-'70s). A favorite memory: an hour of Bach organ music that segued -- without any announcement -- to Genesis's "Watcher of the Skies". Even after going to full-time Rock, they still played some classical music. It wasn't unusual to hear Beatles followed by Bach or Santana after some Stravinsky. That sort of thing will never happen on the radio ever again. They had announcer read ads. A very high music/ad ratio. Some years ago they were bought out by Clear Channel and, I swear, I cannot turn to that station without hearing a five-minute-long string of ads. Three songs in a row -- if you're lucky -- and another five minutes of ads. And, to make things even worse, their playlist is about 50% songs that have been used in TV ads. I can't listen to them any more. None of that matters, of course, to the Clear Channel executives that have ruined the airwaves.

      If the royalties go up for the terrestrial radio stations, one can expect that the ratio of music time / commercial time will only decrease even further and, eventually, drive away any listeners that the radio station had. One would think that the RIAA would realize this but, sadly, their members' heads are so far up their collective asses that they would rather see the complete demise of radio stations than take a smaller profit year to year.

      --
      CUR ALLOC 20195.....5804M
    23. Re:Clearance; promotion by Anonymous Coward · · Score: 0

      "How should someone who writes and records an album verify that the songs he wrote don't accidentally infringe a third party's copyright?"

      Do you understand that when you record something yourself, you own the copyright to the recording? Someone may own the copyright to the music, but a performance of said copyrighted music is not owned by the owner of the copyrighted music. The copyright of the recording of the performance is owned by the entity who recorded said performance.

    24. Re:Clearance; promotion by hazydave · · Score: 1

      How should someone who writes and records an album verify that the songs he wrote don't accidentally infringe a third party's copyright?

      The same way all other musicians do it -- write original music, and hope you don't get sued. You don't actually think the major labels do this for their artists, do you?

      How should they promote it to listeners who aren't already streaming music in their vehicles? These listeners use FM radio because they don't already have a sufficiently expensive data plan or they aren't aware of the streaming sites.

      Not necessary. Sure, if you have no following, you have some work to do to attract one. But it's hardly necessary to sell a gold album to make a living from music -- you don't need to hit everyone. In fact, few of those artists who hit gold or platinum in their early recording careers are making a living off the album sales. They're only getting maybe $1.00 per CD, much less (as little as nothing, depending on the contract) on legal, paid downloads. Plus, artists these days cover the entire cost of the album production.

      So let's say your CD goes gold... that means you sold a million dollars worth. For simplicity's sake, that's $100,000 in royalties, 100,000 loyal fans buying your disc. You spent $50,000 of the record company's money (cheap) making that CD, and that's not even counting the fact you had to pay for living expenses and all during the two years you worked on that debut disc. So that's $50,000 in your pocket -- of course, that's divided four ways, since you're an equal partner in a band (the usual configuration)... oh, but also that 10% for your manger off the top. So it's $45,000, split four ways... you hit gold, which is rare enough, an have $11,250 to show for it. But hey, if the record goes platinum (one million copies), there may be some real money coming.

      Let's say, instead, you self-produce. It costs you $1.00 to make each disc, and you're selling discs online for $15.00, or just the download for $5.00. You sell CDs to 5000 fans, 15,000 to buy the download... that's $120,000 (CD cost already factored in) from 20,000 fans.. you made more money, but needed only 1/5 the listeners. And if you're really creative, you use something like Kickstarter, and offer a bunch of perks to your fans, in addition to the new album. This lets them pre-pay for the music, giving you more control over how much you actually spend on production.

      And it can do far, far better. A recent example: Amanda Palmer. You may not have heard of her, but she does have a following.. and she sold her new album, plus perks, on Kickstarter, to 24,883 fans... not far off my made-up example. She had a goal of $100,000... again, about what she might hope to make on a gold record, almost exactly. She actually brought in $1,192,793... over 10x as much. Versus the $24,883 that she would have grossed selling that many records. Now sure, the CD will likely keep selling once it's out. And most musicians who aren't filling arenas are making most of their money touring, not on music sales... but a big part of that's the whole system. The big labels are the RIAA are not necessary.

      --
      -Dave Haynie
    25. Re:Clearance; promotion by jxander · · Score: 1

      How should someone who writes and records an album verify that the songs he wrote don't accidentally infringe a third party's copyright?

      Simple: educate yourself and be creative. If you really want to make some music that isn't likely to infringe on existing copyrights, learn about time signatures, chord progression, key intonation and anything else you can. Learn your freaking scales and intervals, how they effect harmonies and how all these things intermingle. Learn how to play your instruments well (including vocals as an instrument) and how to work with your band-mates, on key or tempo changes mid-song.

      The vast majority of today's music (the popular stuff, anyway) is bland, samey 4/4 pablum. When so limited, the chances of infringing are high. Get creative and move outside that narrow scope, and you'll drastically reduce the chances of running into someone else.

      And finally, if you're going to crib notes from another artist, look to Pachelbel, Buxtehude, Borodin, Chopin, Rossini, Don Ellis, Nilsson (Bo, not Harry ... well, actually, Harry too). They won't mind.

      --
      This signature is false.
    26. Re:Clearance; promotion by hazydave · · Score: 1

      Could be you just don't like music all that much. I find new music constantly... even help a bit of it come to life, funding the occasional Kickstarter project, writing the occasional song myself (no need to force those on you, either, I'm sure you'd find them suck-worthy, too).

      --
      -Dave Haynie
    27. Re:Clearance; promotion by sjames · · Score: 1

      How should someone who writes and records an album verify that the songs he wrote don't accidentally infringe a third party's copyright?

      They don't, just like now. It is impossible to verify non-infringement with intellectual property.

      Promotion is a genuine concern, but note that the RIAA seems hellbent on shutting down the primary channels of promotion. They apparently don't think the radio industry (just barely managing these days) is suffering enough so they are lobbying for ruinous rates there. Rather than promotion, the RIAA is killing the best channels for promotion.

      However, last night I went to the Steve Vai concert. I knew I was interested (I'll leave out a few steps) because I heard him when he played with Zappa. Prior to the show, Mike Martin handed me a card promoting his after-show next door. As it turns out, the opening act couldn't make it last night, so he was invited to fill in. He showed potential there in spite of being handed an acoustic by surprise and told to play, so I went to the after show. I enjoyed a couple sets there as well. Because of that, there he is, linked on /..

      Shoot the RIAA in the head and the industry will become more vibrant than ever.

    28. Re:Clearance; promotion by Anonymous Coward · · Score: 0

      How should someone who writes and records an album verify that the songs he wrote don't accidentally infringe a third party's copyright?

      By not copying somebody else's work. Unlike patents, if two people manage to independently produce the same original work, they can both hold copyright to what they wrote.

      It's very easy to not accidentally infringe copyright.

    29. Re:Clearance; promotion by tepples · · Score: 1

      Unlike patents, if two people manage to independently produce the same original work, they can both hold copyright to what they wrote.

      How should one go about proving independence in court?

    30. Re:Clearance; promotion by mcgrew · · Score: 1

      I don't stream music in my vehicle because it is not worth the hassle.

      What hassle? Just plug the MP3 player (or phone or computer) into your cassette adaptor, put it in the cassette, and listen. Gees, if that's a hassle, driving to work must be a REAL pain in the ass for you!

      Yes, a cassette adapter and bluethooth plugin would solve it, but I'm not interested

      That's so illogical it's retarded.

      Oh, and it is a chore - a genuine chore - to find anything new that is interesting.

      Dude, either you're having a real bad day like your dog died or something or you're clinically depressed. It seems like every tiny little thing is a chore and not worth the hassle.

    31. Re:Clearance; promotion by evilRhino · · Score: 1

      How should someone who writes and records an album verify that the songs he wrote don't accidentally infringe a third party's copyright?

      Release the album. If you get sued for copyright infringement and lose the court case, you have committed copyright infringement.

    32. Re:Clearance; promotion by tepples · · Score: 1

      If you get sued for copyright infringement and lose the court case, you have committed copyright infringement.

      Then what should one do in order to A. not commit copyright infringement in the first place, or B. not have to pay severe statutory damages should one end up being found to have committed copyright infringement?

    33. Re:Clearance; promotion by br_whale · · Score: 1
    34. Re:Clearance; promotion by Samalie · · Score: 1

      A) You can't. There's nothing you can do. And the RIAA, the associated labels, or even indie labels can't protect you.
      B) You can't. There's nothing you can do. And the RIAA, the associated labels, or even indie labels can't protect you.

      The only thing you can do to prevent yourself from getting sued for infringement is to not release an album. Period, that's it, end of fucking list.

      Now, one suggestion I did see above...and IANAL, but form a LLC & release the album under the LLC banner. Worst case, all they can get is your profit to date.

      You cannot stop some asshole from suing you, whether they are correct or not in suing you. You cannot prevent a so-called "jury of your peers" and/or a Judge from making an incorrect decision.

      There is nothing you can do. Let me drill this again. There is nothing you can do. Nothing.

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    35. Re:Clearance; promotion by Anonymous Coward · · Score: 0

      A: Don't be an artist.

      B: Hope for a decent judge and/or jury.

    36. Re:Clearance; promotion by Iniamyen · · Score: 1

      www.bandcamp.com

      Best place for me at least to find music currently. Lots of great stuff, some terrible stuff, but the important thing is that it's all new to me.

    37. Re:Clearance; promotion by Iniamyen · · Score: 1

      Oh... and most of your money goes to the artists. That's a nice bonus.

    38. Re:Clearance; promotion by Anonymous Coward · · Score: 0

      I really don't think 100 records sold at a live gig are equal to 1000 records sold under a RIAA label. 1000 records sold would just get your label to stop having collections come to your house and break your legs. Maybe.

    39. Re:Clearance; promotion by Pentium100 · · Score: 1

      Depends on the station. My favorite station mostly plays ~80s pop (which I like) and there are no commercials at night, only music. It is almost as good as playing a 26cm reel of tape at 9.5cm/s - hours of uninterrupted music (though the tape plays the songs in the same order every time, so it is better, even though I have to flip it after 3 hours).

    40. Re:Clearance; promotion by tilante · · Score: 1

      Anyone with a few thousand can create a damned good recording studio, cut an album

      How should someone who writes and records an album verify that the songs he wrote don't accidentally infringe a third party's copyright?

      Counter-question - how does working through/with the RIAA help with this problem? The examples that people are giving of artists who got sued for having a portion of a song be too similar to another artist's worked under the traditional model, but this didn't help them verify that they weren't accidentally infringing a third party's copyright.

      Thus, it seems to me that your question is a non-sequitor -- unless the RIAA suddenly takes it into their head to start pursuing artists who aren't working with a label, it's no more of a concern than it would be if you were working under the traditional model.

    41. Re:Clearance; promotion by aztracker1 · · Score: 2

      Still under the length of copyright... I could mathematically come up with every 5 note combination and copyright them all... then I'd have it covered for the rest of my life + 75 years... WooHooo!!!

      1. Copyright every short segment of music possible.
      2. ...
      3. profit!
      4. Keep profitting.

      --
      Michael J. Ryan - tracker1.info
    42. Re:Clearance; promotion by aztracker1 · · Score: 2

      0. Patent the concept...

      --
      Michael J. Ryan - tracker1.info
    43. Re:Clearance; promotion by oldmac31310 · · Score: 1

      I have to say as a musician and long time Wire fan that I have no problem with this Elastica track and really don't think there was any justification for a lawsuit. There rarely is, but I digress. It is just that little bit of guitar. But where did Wire get it from? It is not so profoundly unique that I would say - that belongs to Wire. It has a bit of boogie, glam, blues, just that it is so stripped and simplified and Elastica used the same two guitar stabs in basically the same way. Maybe they even sampled Wire. I don't know. But who really cares? Elastica made a very different piece of music, did they not? I remember playing a gig 20 something years ago and one of my songs (Vitriol) had a riff that was pretty close to Nirvana's electric version of Molly's lips. Some scum punk kept shouting angrily, white riot, white riot! totally interrupting the gig. As if to say that I'd ripped off the Clash. I'm no Clash fan and at the time had never even heard that track. So, to sum up, there's homage, there's respectful borrowing and there is outright stealing and it is often very difficult for some money grubbing people to accept the first two, happy to lawyer up and assume it is all theft and thus put fear into the faint heart of the likes of tepples who just can't seem to do anything because of his fear.

      --
      http://www.acetonestudio.com
    44. Re:Clearance; promotion by rickb928 · · Score: 1

      Some of it is where I live. In Phoenix, leaving electronics on my car all day bakes them at up to 140 degrees. Hard on stuff, so i dont bother with much. Some of it is having about 90 minutes a day top listen to music - none at work, and my wife is usually done with music when she finishes a day teaching piano and choir. My other times to listen are twice a week at the gym, and the weekend when I'm doing yard work. When I drove for a living, I had more time. Feh.

      --
      deleting the extra space after periods so i can stay relevant, yeah.
    45. Re:Clearance; promotion by Anonymous Coward · · Score: 0

      "Now what 'elsewhere' are you talking about?"

      Well, you know... places like parties with cool friends that have indie records, shows where independent bands play their own music, muzak-free bars, and even independent record stores - yep, they still exist. I've dropped out of being a developer to own one! And we even help new bands with good material to press their independent CDs and LPs... :)

    46. Re:Clearance; promotion by Anonymous Coward · · Score: 0

      It is very easy, you dont do clearence, on the other hand if you have gotten famous enough from your first album to regret not doing clearence a studio will have signed you, or you will have an audience so that when you actually create some original work you will still be making a fat profit.

      If you have not heard of Danger Mouse or the grey album you are not only in the wrong buisness but way to far behind the 8ball to be worried about clearance or promotion [btw for him the lack of clearance helped with free promotion so it's a bit of a virtuous circle at that point also].

  10. Why is Congress involved? by characterZer0 · · Score: 5, Insightful

    Can somebody explain why the government is involved in this at all? Why are royalty fees simply negotiated between the licensor and licensee?

    This is not like utilities, food, or health care where we need to prevent an oligarchy from profiteering by withholding necessities. If you do not agree to the fees, do not license the content.

    --
    Go green: turn off your refrigerator.
    1. Re:Why is Congress involved? by MyFirstNameIsPaul · · Score: 2

      This is not like utilities, food, or health care where we need to prevent an oligarchy from profiteering by withholding necessities. If you do not agree to the fees, do not license the content.

      The government does not care what industry it is invading. This is the problem: once you allow the government to violate the governing documents, you invalidate everything in the document, not just the one thing, and it becomes a government run by special interests./p?

      --

      I once took an excursion to Reddit, and later HN. Unlimited up/down voting sucks when dealing with a hive-mind.

    2. Re:Why is Congress involved? by GeoGreg · · Score: 1

      Well, regardless of whether your argument is correct about the validity of governing documents, the power to grant exclusive rights to authors is in fact given to Congress in the US Constitution in Article 1, Section 8. I guess one could argue about whether a sound recording is a "Writing" per the terms of that clause. But if you accept that the protection of sound recordings falls under the jurisdiction of Congress, then the terms of that protection would also seem to be up to Congress. This is a different issue from whether you think the particular way they are handling the issue is correct.

    3. Re:Why is Congress involved? by Shagg · · Score: 2

      Can somebody explain why the government is involved in this at all?

      Because they're owned by the RIAA.

      --
      Unix is user friendly, it's just selective about who its friends are.
    4. Re:Why is Congress involved? by MyFirstNameIsPaul · · Score: 1

      The power to grant exclusive rights is not the same as the power to determine royalty rates. That is where the invasion occurs in this example.

      --

      I once took an excursion to Reddit, and later HN. Unlimited up/down voting sucks when dealing with a hive-mind.

    5. Re:Why is Congress involved? by GeoGreg · · Score: 1

      It would seem to me that the royalty rates are simply part of the terms and conditions of those rights. Congress didn't have to include those terms when creating and granting the rights, but they have done so. One can argue the wisdom of that decision, but I don't think it's an "invasion".

    6. Re:Why is Congress involved? by MyFirstNameIsPaul · · Score: 1

      It is an invasion to those who concern themselves with the intent of the ratifiers of the Constitution. This document was written with very specific meanings, especially on the powers of Congress. Sure, Congress can write any law it wants, but that doesn't mean it fits with what the ratifiers of the Constitution intended. If they had intended royalty rates to be set by Congress, then they would have written that into the document. From Article I, Section 8:

      To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;

      It specifically only grants Congress the authority to protect artists and scientists, not determine how much money they are supposed to make through this protection.

      --

      I once took an excursion to Reddit, and later HN. Unlimited up/down voting sucks when dealing with a hive-mind.

    7. Re:Why is Congress involved? by nurb432 · · Score: 1

      Its just one step closer to end game, banning all media unless it comes thru them directly and everyone pays a tax that goes directly to them, regardless if you consume media or not.

      Oh, and make any violation a criminal case so they don't have to spend another time to go after people.

      --
      ---- Booth was a patriot ----
    8. Re:Why is Congress involved? by GeoGreg · · Score: 1

      How Congress is meant to go about "securing ... the exclusive right[s]" to works is not specified. I have no reason to believe that the authors of the Constitution would have a problem with compulsory licensing (changes to which are the issue under discussion) as a means to secure these rights. Compulsory licenses have existed since 1909. As to whether particular license terms are appropriate, that is a political question, not a constitutional question.

    9. Re:Why is Congress involved? by characterZer0 · · Score: 1

      They would secure the rights by making it a crime to use copyrighted material without license from the rights holder. If the rights holder does not want to license it, or wants to set a high price, that is none of Congress' business.

      --
      Go green: turn off your refrigerator.
    10. Re:Why is Congress involved? by Rockoon · · Score: 1

      Because they're owned by the RIAA.

      More specifically, the Democrats are owned by the Media industry, the Insurance industry, and the Banks.
      Whereas the Republicans are owned by the Oil industry, the Military industry, and the Banks.

      The fact that the Banks own the Media, Insurance, Oil, and Military should not dissuade you into thinking that there arent stark differences.

      --
      "His name was James Damore."
  11. Lower prices lead ot lower income by alexander_686 · · Score: 3, Insightful

    Lower prices can create higher total income.

    This is true when the lower price generates more sales. This is not happening in the music world.

    People are buying single tracks or tuning into Pandora instead of building up a collection of CDs. This benefits the consumer because it is much more efficient to listen to music this way.

    i.e. the new cost structure of the internet means that the consumer reap most of the rewards of improved efficiency. I am not a friend of the RIAA but I do recognize that they have left the land of honey and milk for a barren desert.

    1. Re:Lower prices lead ot lower income by jedidiah · · Score: 1

      You make it sound like singles and radio are a new thing.

      Nothing could be further from the truth.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    2. Re:Lower prices lead ot lower income by oh_my_080980980 · · Score: 1

      Ummm think again, selling individual songs has generated enormous profits for the recording industry. Even at 99 cents a song, they are making tons of money.

    3. Re:Lower prices lead ot lower income by GeoGreg · · Score: 1

      No, but what is new is the ability to instantly listen to practically any song on demand without purchasing the song either as a track on an album or as a single. I think this is the biggest issue. Whether it's through a service like Spotify, which pays very low license fees, or the various infringing ways of obtaining music, I can now obtain a song at decent quality whenever I want at a much lower cost (free or almost free) than I could previously.

    4. Re:Lower prices lead ot lower income by O('_')O_Bush · · Score: 1

      You really didn't make an argument. Yes, the recording industry is enormously profitable regardless of what they are selling. The point is, the industry is far LESS profitable than in the CD era, and that is what has them so freaked out.

      I also blame services like iTunes for the homogenization of pop music in recent years. In the early 00s, and before, pop songs were memorable and varied. I believe this is because an artist or group only needed to include a couple of hit tracks to sell and could spend the rest of the album experimenting (or in some cases, producing filler). With the popularization of the 0.99 single, artists strive to make all songs big hits, which has led them to reuse the same formulas as their previous hits.

      Look at Cold Play for a good example of this transition. Their old material is lightyears different from the variations of Viva La Vida produced since.

      --
      while(1) attack(People.Sandy);
    5. Re:Lower prices lead ot lower income by Hatta · · Score: 1

      People are buying single tracks or tuning into Pandora instead of building up a collection of CDs. This benefits the consumer because it is much more efficient to listen to music this way.

      How is it more efficient? At 6 minutes a song, you need 10 songs to fill up an hour. Ten songs will cost you the same whether they are all on one album or spread across 10 different albums. However, it does cost more for 10 bands to record one song each than it does for one band to record 10 songs.

      Also, a band that can make a solid 60 minute album is going to be a lot better than a band who only has one or two good musical ideas. So you get more enjoyment buying by the album. I'd argue that buying singles only is a net loss for everyone involved.

      --
      Give me Classic Slashdot or give me death!
    6. Re:Lower prices lead ot lower income by Anonymous Coward · · Score: 0

      Lower prices can create higher total income.

      This is true when the lower price generates more sales. This is not happening in the music world.

      People are buying single tracks or tuning into Pandora instead of building up a collection of CDs. This benefits the consumer because it is much more efficient to listen to music this way.

      i.e. the new cost structure of the internet means that the consumer reap most of the rewards of improved efficiency. I am not a friend of the RIAA but I do recognize that they have left the land of honey and milk for a barren desert.

      People have finally figured out that a 12 track album contains 1-2 good tracks so why spend the full price for a cd full of garbage. Obviously there's exceptions but generally this is the case.

    7. Re:Lower prices lead ot lower income by Anonymous Coward · · Score: 0

      "I'd argue that buying singles only is a net loss for everyone involved."

      Really? Help me out here - you're saying that it is cheaper for me to buy ten albums at $18 each (because they each only have one decent song on them), than it is for me to buy one really good album for $18 that has ten great songs on it?

      I think your calculator isn't working right ...

    8. Re:Lower prices lead ot lower income by Hatta · · Score: 1

      Why would you buy an album of a band who can only write one song worth listening to? If you have limited entertainment funds, give them to bands who can make a whole album that's good.

      --
      Give me Classic Slashdot or give me death!
  12. Experiment by carrier+lost · · Score: 5, Interesting

    It would be fascinating if someone were to start an IndieGoGo fundraiser to "Buy a Senator"

    Buy a senator and have him introduce a bill - something good, like forcing the cablecos to share their lines with competitors at cost, or legalizing marijuana for adults.

    How much money would it take? $5 million? $10M, $20M before a senator publicly announces, "Okay, I'll do it. What law do you want introduced and give the cash to my campaign manager so he can get to work on spinning this"

    1. Re:Experiment by Dr_Barnowl · · Score: 1

      Actually, a lot less than that. If you watch Sicko, the healthcare industry contributions to politicians are all a lot lower than that - even for the President it was less than $1M ; and this is for an industry with a lot more money and power than the RIAA.

      For $5M you could probably get yourself a whole committee.

    2. Re:Experiment by MyFirstNameIsPaul · · Score: 1

      Contributions to Obama's 2008 campaign:

      Health Services/HMOs: $1.3 million
      Health professionals: $12.6 million
      Hospitals/Nursing Homes: $3.7 million

      --

      I once took an excursion to Reddit, and later HN. Unlimited up/down voting sucks when dealing with a hive-mind.

    3. Re:Experiment by Anonymous Coward · · Score: 0

      From what I have seen it goes about like this

      500 to 2k gets you a local state level guys vote/bill
      20k-50k gets you a congress critters vote/bill
      200k-400k gets you a senators vote/bill
      700k+ gets you a president pushing a bill

      Not sure the going rate for a governor.

    4. Re:Experiment by carrier+lost · · Score: 2

      Okay, maybe not "Buy a Senator".

      How about, "Buy a Bill"?

    5. Re:Experiment by Anonymous Coward · · Score: 0

      It's not a one-time purchase, though. Your opponents could always try to repeal. You have to keep the cash flowing and keep "your man" in office.

    6. Re:Experiment by rastoboy29 · · Score: 1

      Well, first off, you can't actually announce that you're buying a Senator.  It is much like accusing a care salesman of dishonesty--you will never see someone get so offended--and of course, they are all crooked as hell.

      However, if you play the game right, you call it a Public Interest PAC, and do the same thing.

      There are forms to be followed, however.

  13. This is a bad thing? by Angst+Badger · · Score: 1

    It sounds to me like the music industry is bent on self-destruction, and this is something we should encourage. Let them price themselves out of existence. Once they're gone, maybe we can have some good music again.

    --
    Proud member of the Weirdo-American community.
    1. Re:This is a bad thing? by GeoGreg · · Score: 1

      I don't really care if the labels go out of business, as they are just a distribution and marketing system. But, if I want to hear new recorded music, there will need to be some system in place for compensating musicians for the time, effort, and expense of making recordings. Not all music that I and others want to hear can be recorded in a bedroom.

  14. The entitlement mentality by JWW · · Score: 5, Insightful

    The entitlement mentality of the RIAA is astounding.

    Radio has for decades played their songs as advertising. In the past record companies have gotten in trouble for paying radio stations to play certain music.

    Now they want to have their cake and eat it too.

    There is NO DIFFERENCE between the radio playing the song and a streaming service playing the song. It is still advertising for the record company. I have bought many songs after hearing them on a streaming service. I also already own many songs that play on streaming services I listen to. The record company being paid per play by streaming services is obnoxious crap.

    I always smile when I think of how badly Apple and Amazon screwed over the record companies in providing access to digital versions of their music. They had the ability to build their own stores and they were idiotic enough to fail and it the process hand over billions to companies that laid the digital groundwork for them. True, record companies make money from Amazon and Apple, but Amazon and Apple make money off the record companies too _and_ they completely control the ecosystem.

    I'm anxiously waiting for Apple, Amazon, and Google to start getting into the business of distributing artists songs just like they do for app developers. They could also use their promotional capabilities to drive sales for these artists. Sales where they make more money than selling what the record companies give them. When this happens the writing will be on the wall and the record companies will finally die the death they so deserve.

    1. Re:The entitlement mentality by Cali+Thalen · · Score: 1

      I'm anxiously waiting for Apple, Amazon, and Google to start getting into the business of distributing artists songs just like they do for app developers.

      From your lips to God's ears...not so much that I care one way or the other who gets rich from the artists (and it will likely not be the artists...), but at least if those groups started mucking around in the RIAA's affairs more, the lawyers on BOTH sides would be well funded, instead of just one side.

      OK I think I just figured out who would get rich from the artists in that scenario...but still, IMO if it's not the RIAA, I'm fine with it.

      --
      Chaos, panic, disorder...my work here is done.
    2. Re:The entitlement mentality by Anonymous Coward · · Score: 0

      Dude man, they've been having their cake and eating it too for the past decade. I think what they're trying to get is their cake, eat it, have spare cake delivered on an hourly basis, have people feed it to them, and outlaw all cake supplies or retailers except the ones explicitly maknig them for the RIAA.

    3. Re:The entitlement mentality by Anonymous Coward · · Score: 0

      I also already own many songs that play on streaming services I listen to.

      While I agree with most of your post, I do not agree with the statement above.

      I often listen to music from various online radios, but I never buy any songs I like. Either they keep being available for free, or I'll find another song I like. There are simply too many songs out there for an individual song (or an individual artist even) to have any value to me. Sure, it takes some talent to make a good song, but there are hundreds of thousands (or millions) of artists out there who more or less share my taste in music who keep producing more and more songs.

      Now, if only 3D animation were to become realistic and cheap enough for anyone to create their own films then there won't be any need to pay for entertainment at all.

  15. The article does not understand how things work by Agent0013 · · Score: 3, Insightful

    Nadler's bill would effectively make sure that no one else in that market would be profitable either. The end result? Many of these services don't exist or never get started. That would actually mean fewer services, fewer listeners and lower royalties. It's almost as if he has no concept of price elasticity. Lower prices can create higher total income.

    This is too simplistic of a view. By limiting the number of stations that can play music you licence, you will make less money on the licencing, sure. But you also will have more control over what plays on the airwaves (or satallite waves, etc). By playing king-maker for what's hot and what's not you end up making far more money in the long run. The music industry has to compete with it's back catalog, all the way back to when music was first recorded. They need some way to get people to buy current music over the greatest of the past. They do this by controlling what becomes popular.

    --

    -- ssoorrrryy,, dduupplleexx sswwiittcchh oonn.. -Quote found on actual fortune cookie.
    1. Re:The article does not understand how things work by oh_my_080980980 · · Score: 1

      By what's being played on the radio? Wow welcome to the '80s....

    2. Re:The article does not understand how things work by squidflakes · · Score: 1

      I'm wondering if this is effectively trolling the RIAA through legislation. Many bills get introduced in to committee with no chance of passing in hopes that they can cause a specific group or industry to look horrible by supporting them.

      This bill seems to do that as well. My impression is that it calls attention to the much higher rate paid by internet streaming and by suggesting that other groups pay the same price, we'll get to see who exactly complains and their reasoning.

      I could be wrong though.

      Ahh, and on further reading, the intent of the bill is to remove the royalty-free status granted to terrestrial radio and pay artists the royalties they are getting when their music is played over other mediums. Looking an the Congressman's legislation record, he has sponsored a number of bills that seek to collect royalties for artists when third parties are selling their work.

  16. Consumers want to find by tepples · · Score: 1

    The media middleman does not deserve any profit or credit, as it is not the middleman's work that the consumers actually want.

    Consumers want to be informed of what recorded music of at least competent quality has become available. It's the middleman's job to make the consumers aware of the work.

    1. Re:Consumers want to find by Anonymous Coward · · Score: 0

      Judging by the number of times I've had to hear "Call Me Maybe" on the radio in the past week, they've been failing profoundly.

    2. Re:Consumers want to find by oh_my_080980980 · · Score: 1

      You mean advertising. Wow what a concept.

    3. Re:Consumers want to find by ranpel · · Score: 1

      "It's the middleman's job to make the consumers aware of the work."

      It is. But said middlemen are failing because there are simply too many works now, and means. In order to be effective they need works at a level on par with history. They seem to want to force works back to historical levels and eradicate the current realities. How do they do this? By continuing to do what they're doing - attempting to FORCE payment, any payment by any means thus constricting and restricting their working platform, their playing field, back to something where they can channel their previous levels of control and influence (and expertise).

      It is my opinion that the RIAA must be destroyed and dismantled, obliterated even. They're a clear and present danger to progress. That and their historical products are non-essential goods. Luxury. Yet they clearly deem it appropriate to affect all of creation in and around communications.

      Someone's hand is being over-played. There is a royal flush somewhere in play and the *AA is holding four nines and going all in.

      --
      \r
    4. Re:Consumers want to find by Anonymous Coward · · Score: 0

      Try changing the station. There are plenty of frequencies that play nothing but beautiful white static.

  17. purpose? by amoeba1911 · · Score: 3, Insightful

    I'm still not sure, what is RIAA's purpose? The artists compose and perform the music, the distributors (radio stations, iTunes, Google Play, Pandora and P2P etc) distribute that music to the masses. What is RIAA's role in this ecosystem? Where does RIAA fit?

    1. Re:purpose? by Anonymous Coward · · Score: 0

      http://en.wikipedia.org/wiki/Cartel

    2. Re:purpose? by whoever57 · · Score: 2

      I'm still not sure, what is RIAA's purpose? The artists compose and perform the music, the distributors (radio stations, iTunes, Google Play, Pandora and P2P etc) distribute that music to the masses. What is RIAA's role in this ecosystem? Where does RIAA fit?

      Keeping the names of the large music publishers out of the news. For example, this story should really be:
      EMI, Sony, Universal and Warner push for increased royalty rates
      and other stories should be:
      EMI, Sony, Universal and Warner sue poor student over music sharing.

      --
      The real "Libtards" are the Libertarians!
    3. Re:purpose? by plover · · Score: 1

      They exist because they continually emit copious gobs of cash.

      They started out to establish technical standards for vinyl recordings. They became a trade organization who now organize the record labels under a common set of goals and provide direction as well as represent that common direction via lobbyists. Those common goals are mostly about IP rights protection, ensuring record labels are defending their "property".

      Imagine if Cisco and HP and Huwaie and DLink and Dell and Hawking and everyone else charged $0.01 for every IP packet their routers carried, and formed the Router Association of America to lobby politicians to keep this legal. That's a tasty money stream that nobody would voluntarily turn down getting a taste of, but it would piss off the entire world. At some point it stops mattering to them how evil they appear to be, because they are so profitable. That's how the RIAA rose to prominence.

      --
      John
    4. Re:purpose? by Anonymous Coward · · Score: 0

      I'm still not sure, what is RIAA's purpose? The artists compose and perform the music, the distributors (radio stations, iTunes, Google Play, Pandora and P2P etc) distribute that music to the masses. What is RIAA's role in this ecosystem? Where does RIAA fit?

      Self-preservation, clearly. Oh, and being almost entirely made of white people who are OLD. That's OLD, with a capital O, a capital L, a capital D, and, as needed, a few extra capital Os at the start to reiterate that these people are OOOOOOOOOOOOOOOOOLD*. Stubborn as a brick, convinced themselves that "being born into money" is the same as "earning your way to riches through hard work", and completely unwilling to do so much as raise a finger to do a goddamned thing, apart from flipping off everyone who does the REAL work for them as they shove knives in their backs and run off with the money.

      See? Important stuff. Those knife-sellers would lose a lot of jobs if it weren't for the RIAA!

      *: For practical considerations, they're also WHITE with the same specifics as being OLD, but phonetically, "WHIIIIIIIIITE" doesn't work as well as "OOOOOOOOOLD" in modern English.

    5. Re:purpose? by MyFirstNameIsPaul · · Score: 1

      It could also read: the employers of Skrillex are suing a college student for sharing his music. The system protects the artists as well.

      --

      I once took an excursion to Reddit, and later HN. Unlimited up/down voting sucks when dealing with a hive-mind.

    6. Re:purpose? by Areyoukiddingme · · Score: 1

      No they don't. They don't pay the money they win to the artist, first of all, and second, Skrillex isn't signed to a major label. Nor should he be. They'd pay him a $10,000 "advance on royalties" then bill him for $3 million of promotion he didn't authorize.

  18. Accidental infringement by tepples · · Score: 4, Informative

    Is it possible to set up an alternative RIAA?

    Not as long as the music publishers affiliated with the major record labels threaten to sue people who write their own songs for copyright infringement on the grounds that too much of a melody was accidentally copied. See, for example, Bright Tunes Music v. Harrisongs Music and Three Boys Music v. Michael Bolton.

    1. Re:Accidental infringement by Hatta · · Score: 3, Funny

      To be honest, anyone who sues Michael Bolton is OK with me.

      --
      Give me Classic Slashdot or give me death!
    2. Re:Accidental infringement by PFritz21 · · Score: 1

      No talent ass clown...

    3. Re:Accidental infringement by Anonymous Coward · · Score: 0

      Well, he was pretty good in Pirates of the Caribbean...

    4. Re:Accidental infringement by Anonymous Coward · · Score: 0

      What do you have against some low-level grunt from Initech?

  19. How can this be a law? by pablo_max · · Score: 1

    Was there not some kind of law already about the Governments ability to set the "market" price for goods and services? Something about free market or other.

    1. Re:How can this be a law? by MickyTheIdiot · · Score: 1

      "Free marketeers" are the first to whine to the government when things don't go their way.

    2. Re:How can this be a law? by GeoGreg · · Score: 1

      Copyright is inherently a restriction on the free market. Unlike physical goods, writings and recordings can be multiplied and redistributed by whoever possesses them. Copyright was originally a way to ensure authors got a cut of the revenue stream when their works were republished. Thus, publishers were required to pass on a bit of the cost of each book (and later recording) to the owner of the copyright, resulting in higher prices to the consumer. Without copyright, prices for all works would be lower, but the creators might not be inclined to produce without the compensation provided by royalties. In the United States, the power to grant copyrights was explicitly included in the Constitution and exclusively granted to Congress.

  20. The rest is silence by Rogerborg · · Score: 1

    I honestly believe that they'd rather that the music just died, than live with the thought that somewhere out there, Alice might be passing Bob her iPod and saying "Hey, listen to this".

    When the only music left is appropriately sub-licensed in commercials, TV and movies, they might stop. Maybe. But the concept of plain old music, that can be played right out there in the open and insinuate itself into just anyone's ears without them being forced to pay first? That makes them beat their hookers with horrific ferocity.

    --
    If you were blocking sigs, you wouldn't have to read this.
  21. Great news for indie music! by mike449 · · Score: 3, Insightful

    When RIAA music becomes prohibitively expensive for radio stations, non-RIAA music will get more airplay and exposure.

    1. Re:Great news for indie music! by whoever57 · · Score: 2

      When RIAA music becomes prohibitively expensive for radio stations, non-RIAA music will get more airplay and exposure.

      Remember that these are default rates. My expectation is that the RIAA member companies will offer reduced rates to the stations that play music that they want promoted. It's payola in another form.

      --
      The real "Libtards" are the Libertarians!
    2. Re:Great news for indie music! by MyFirstNameIsPaul · · Score: 1

      I didn't understand how this worked until SomaFM went through their big fight several years ago. The rates are the same for everyone, regardless of the distributor. This is a non-market blocking strategy.

      --

      I once took an excursion to Reddit, and later HN. Unlimited up/down voting sucks when dealing with a hive-mind.

    3. Re:Great news for indie music! by Anonymous Coward · · Score: 0

      It's what gave us an explosion of Jazz during the radio blackout. ASCAP was a bunch of old white men, they didn't want to make money off of race records.

  22. more of the same by circletimessquare · · Score: 1

    "pirates are being pirates? ok, let's punish the people who play by the rules even more" (thereby creating more pirates)

    it's just like all that crap before you get to the actual movie on a dvd. who wants to sit through that? but i pirate the movie on the web, i don't get that bullshit

    hey RIAA: your legislation and your controlling ways simply makes piracy more attractive

    if instead of legislating how about you eat some humble pie by admitting that the fucking Internet happened, therefore meaning you need to change your economic model. therefore, you make people less likely to want to pirate

    or let companies like Apple realize this for you, and erode your power further because now they take over your distribution powers, by having financial success with what music companies should have been doing. iTunes should have been your initiative, jackasses

    your move, morons. why don't you aim for your pinkie toe this time

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  23. Maybe Never by kubernet3s · · Score: 1

    that's right! You heard me! POSSIBLY NOT AT ALL

  24. profit? by SebNukem · · Score: 1

    Music is the new marijuana, except that no one is going to make any illegal profits...

  25. Musical work vs. sound recording by tepples · · Score: 2

    Can somebody explain why the government is involved in this at all? Why are royalty fees simply negotiated between the licensor and licensee?

    There are two copyrights involved: copyright in the underlying musical work and copyright in the sound recording. Three different cover versions of "Yesterday" by three different recording artists, for example, are three different sound recordings of one musical work by one songwriter. As of right now, only the musical work is subject to royalties in all broadcast mediums, and these are already negotiated with BMI and ASCAP. The difference is that unlike webcasters, cable and satellite radio systems currently don't owe any extra royalties for performing a sound recording. It would take an act of Congress to make cable and satellite radio systems subject to royalties in the first place.

    This is not like utilities, food, or health care where we need to prevent an oligarchy from profiteering by withholding necessities. If you do not agree to the fees, do not license the content.

    Until you start suing people for writing competing songs that are vaguely similar.

    1. Re:Musical work vs. sound recording by Anonymous Coward · · Score: 2, Insightful

      It would take an act of Congress to make cable and satellite radio systems subject to royalties in the first place.

      Wrong. See also 9.2, the "3 step test".

    2. Re:Musical work vs. sound recording by characterZer0 · · Score: 1

      That does not explain why the broadcasters cannot negotiate fees with the rights holders (or, more conveniently, the representatives of a large group of rights holders (BMI, ASCAP)) instead of having Congress get involved.

      --
      Go green: turn off your refrigerator.
  26. This is probably a good thing. by darkwing_bmf · · Score: 1

    Businesses like Pandora were never powerful enough to take on the RIAA. But if radio stations will be affected then major contenders like Clear Channel will get into the ring.

  27. Promotion by tepples · · Score: 4, Interesting

    The artists compose and perform the music, the distributors (radio stations, iTunes, Google Play, Pandora and P2P etc) distribute that music to the masses. What is RIAA's role in this ecosystem?

    Originally, the RIAA was formed to establish the "New Orthophonic" emphasis curve for vinyl records. Now, it boils down to promoting the music.

    1. Re:Promotion by wiredlogic · · Score: 1

      It's too bad they didn't stick to their original mission and reign in the loudness wars that have ruined modern era recordings.

      --
      I am becoming gerund, destroyer of verbs.
  28. Not such a crazy idea. by Picass0 · · Score: 1

    "Hey boys! Here's a big pile of money!" Someone will bite.

    This might work if such a public fund were set up with complete transparency and controlled by a PAC or lobby. The money couldn't go directly to a senator but could be used to run political advertising that endorses the candidate.

  29. Still sucks if you are on Alderaan by SmallFurryCreature · · Score: 1

    Billions of people must die before the RIAA is defeated? Doesn't sound like much of a plan to me, one of the billions.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

  30. How is copyright not a patent? by tepples · · Score: 0

    What essential difference between copyright and patent are you thinking of? If it's the requirement that the alleged infringer have had access to the plaintiff's work, then radio play creates a presumption of access.

    1. Re:How is copyright not a patent? by interval1066 · · Score: 1

      I'll say it again in case the AC wan't clear enough: A COPYRIGHT IS NOT A PATENT. Two entirely different animals.

      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    2. Re:How is copyright not a patent? by Anonymous Coward · · Score: 0

      That both are known to chew people's faces off.

  31. The Best Alternative Is No Massive Powerful Group by eldavojohn · · Score: 4, Interesting

    Is it possible to set up an alternative RIAA? Trade group monopoly must be broken.

    Well, I'm not in the business but used to gig. After seeing people that should have some minor record deal being signed to littler labels like Afternoon Records or Asthmatic Kitty, it's my opinion that the best replacement for the RIAA is no replacement at all. The RIAA is restricting their member labels and being destructive "in the interests of their members" ... sometimes this is helpful but in the instance of online radio, it's quite the opposite. Meanwhile a lot of the smaller labels affiliated with the RIAA suffer while the top executives make millions. The way I see it, by setting up an alternative RIAA, you'll inevitably fall prey to that sort of bullshit. Like the best capitalistic systems, the music industry would be healthier if the labels competed with each other and actually desired exposure (which they do) like online radio and no single entity was acting as a self-appointed policeman to how that system worked. Then and only then would you see.

    Here's an example, I just purchased Headlight's latest album on vinyl and minutes later I had downloaded the MP3s. I can list tons of non-RIAA labels that do this and you can go on Bandcamp and see a third party system doing this for labels and selfpublished artists (for example, here's the album I just bought). Now, from the RIAA point of view this is super bad. I just got TWO copies of an album for one price and on top of that you can stream that album right there for free, possibly forever. Oh my god, copyright violations! Now, if you were the RIAA or a replacement for the RIAA you would find yourself in the position of making a decision about this sort of sales tactic. And that's bad whether you weigh in one way or another. Fine, let Metallica or whoever else I don't care about put up a picture of their album and ask for $20 from their fans for it before even hearing it. They can do what they want. But you'll find that if you throw your lot in with RIAA, you won't be able to upload live videos of your own concerts to YouTube, you might have ads on your music videos and you'll be restricted by this umbrella. Furthermore, no matter how forgiving you are of your fan's misdeeds, the RIAA is not. And I think a replacement is a bad thing.

    Frankly put the advent of the internet and digital distribution means that artists shouldn't have to depend on the RIAA or an RIAA replacement. They should exist in hundreds of different labels acting, innovating and competing on their own terms (diversity is a good thing).

    Right now it feels like an exacerbated Pareto Law inside the music industry and it doesn't have to be that way. Your attention, your ears, your money and your support should be spread around and free of restricted influence by some massive entity.

    Right now, there's music out there that you like that somebody somewhere is making. But if they're not on a label that's part of the RIAA, you're most likely never going to hear it. That's why internet radio stations are so important to upending the RIAA, self-published groups from Portland can be heard by Brooklynites and vice versa. That's why I think the RIAA is trying to impose arcane radio royalty fees.

    --
    My work here is dung.
  32. Why doesn't Pandora go Indie exclusively? by sl4shd0rk · · Score: 1

    If Pandora is really that big (I don't use it) why don't they just give the Recording industry the finger and be an outlet for Indies or Albums not under contract with the RIAA. They wouldn't have to pay the RIAA protection racket and probably work out a really reasonable revenue model for Indies and their groupies. I think I've heard enough Metallica and Nickelback to last me for a lifetime anyway. If I never hear their stuff again I won't miss it. Lots of Indie stuff is just as good if not better. Actually, some is way better.

    --
    Join the Slashcott! Feb 10 thru Feb 17!
    1. Re:Why doesn't Pandora go Indie exclusively? by MyFirstNameIsPaul · · Score: 1

      Royalty rates are set by Congress and collected by a quasi-nonprofit established by Congress. It's a huge racket.

      --

      I once took an excursion to Reddit, and later HN. Unlimited up/down voting sucks when dealing with a hive-mind.

    2. Re:Why doesn't Pandora go Indie exclusively? by jfengel · · Score: 1

      Good question. Sadly, the riaa is very good at its job: making a small number of artists very popular. People like what they are selling. If pandora can coax its users to develop wider tastes they can get a huge win, but it's easier said than done. As long as listeners like being dictated to, the dictator will clean up.

      Some people are already more eclectic but that word automatically makes them harder to market to. The riaa grabs a lot of low-hanging fruit.

  33. Hit me baby one more time by Impy+the+Impiuos+Imp · · Score: 1

    WTF is the government doing sticking its nose into negotiations over payments for music royalties to begin with?

    Aside from pandering to voters, that is.

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    1. Re:Hit me baby one more time by oh_my_080980980 · · Score: 1

      Because it's their job. Perhaps you should take your head out of your ass and do some research before posting inane blather....

  34. Please be more specific by tepples · · Score: 1

    Please be more specific than a quotation from the film The Princess Bride. If I write a song, what steps should I take to ensure that I didn't accidentally write a song that is substantially similar to an existing song?

    1. Re:Please be more specific by Zerth · · Score: 1

      Simple, just don't use these chords in whatever key you are playing in: I-IV-VI-IV

      Oh, and don't think you can rearrange it to VI-IV-I-V either. That's taken, too.

    2. Re:Please be more specific by Anonymous Coward · · Score: 0

      You should take no steps to do so.

    3. Re:Please be more specific by Anonymous Coward · · Score: 0

      Copyrights are not patents. It is perfectly legal for a song that you write to be identical to an existing song. The only requirement is that you create the song independently and not copy it. Legally, there may be an issue of demonstrating that you did not copy it, which is normally accomplished by documenting the process by which the song was created.

    4. Re:Please be more specific by Joce640k · · Score: 2

      If I write a song, what steps should I take to ensure that I didn't accidentally write a song that is substantially similar to an existing song?

      No need to worry.... if you start out thinking like that you'll never write a song, ie. you won't have that problem!

      --
      No sig today...
    5. Re:Please be more specific by tepples · · Score: 1

      Legally, there may be an issue of demonstrating that you did not copy it, which is normally accomplished by documenting the process by which the song was created.

      From the cases I've read (Bright Tunes Music v. Harrisongs Music and Three Boys Music v. Michael Bolton), I've gathered that if the plaintiff's song has been played on the radio, there is a presumption that any later songs that are similar to it were subconsciously copied from it. What should I read about best practices for documenting this process? I'd try Google, but I've found Google far more useful for finding out about a particular topic with a widely accepted name I already know than for finding a reliable source for best practices in a field.

    6. Re:Please be more specific by tepples · · Score: 0

      Please cool it with the sarcasm. I just want to know what to do between having written a song and releasing it to make sure I don't get sued.

    7. Re:Please be more specific by metallurge · · Score: 3, Insightful

      There is no way to make sure you don't get sued. Wrong goal.

    8. Re:Please be more specific by Samalie · · Score: 4, Insightful

      Realistically....you can't do fuck all.

      In reality, if someone wants to try to sue the pants off you, they will. Hell, you could get sued by some asshole that hasn't even released a song yet but can (try to) show that he wrote similar music or lyrics before you did.

      There's nothing you can do to protect yourself. NOTHING.

      Of course....what the industry doesn't tell you...they can't protect you either against some lunatic asshole that thinks (correct or not) that you ripped off his creation.

      So realistically....you're fucked whether you release RIAA or indie. So just don't be that asshole that releases with the RIAA.

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    9. Re:Please be more specific by K.+S.+Kyosuke · · Score: 1

      In fact, the only safe way is to invent a new scale for all your songs. That makes sure that no existing melodies are similar.

      --
      Ezekiel 23:20
    10. Re:Please be more specific by oldmac31310 · · Score: 1

      I think the reality is that no one is going to sue you unless you are worth suing. i.e. your song is very successful and makes you a lot of money. Otherwise why bother? There are thousands of artists writing and recording clearly derivative material that don't get sued because they are not worth suing. Personally, I think the artists creative approach should be to start out with a strong desire to be original and if something accidentally closely resembles a song or tune by another artist then it probably won't matter anyway unless there is significant money involved. Just go ahead and be creative and stop worrying, otherwise you won't do anything and will have self-stifled your own creativity.

      --
      http://www.acetonestudio.com
    11. Re:Please be more specific by Anarki2004 · · Score: 1

      You forgot to mention that the key of A is out of the question as well.

      --
      The teachers will crack any minute, purple monkey dishwasher.
    12. Re:Please be more specific by Joce640k · · Score: 1

      Please cool it with the sarcasm. I just want to know what to do between having written a song and releasing it to make sure I don't get sued.

      If that happens:
      a) It won't be because the song is similar, it will be because you're encroaching on somebody's turf without paying them any money.
      b) The court case won't be decided on whether the songs are similar, it will be decided by who has the best lawyers/most money.

      --
      No sig today...
  35. ive been saying since it began by Anonymous Coward · · Score: 0

    its about control and by that i mean repression of technology and culture and censorship.
    THIS is a global thing we all need to unite behind and fight like mad .....this is our world not some rich prick lawyers and the fact copyright is NOT advancing the public domain and even one can say that its not allowing artists to create is a truth.

    adobe audition is 400$
    a pc that can use it is 200$
    decent sound card added about 200$

      would argue don't worry about infringing others stuff as long as your not doing it blatantly ...
    why not go get all that 17th century public domain and cut it to new things like guitars and change it up....
    create a new industry one that starts off free and ends free or very cheap....
    a stomp of a cdr is 1 penny now
    i see they still want 29.95 in stores for new cdrs.
    lets take the cash back from them and spend it in our local economies and make the earth a better place.
    Creative people will find a way to create regardless of the restrictions and those that create these are going broke everyone....

    i recently posted how almost all but one chain of movie theatres is going broke cause no one is actually going....
    and the one that made money ...well it only made 47 million....from 5000 movie theatres....
    and it isnt due to piracy its cause of your lawsuits and its cause of prices( 20$ for a pop n popcorn anyone?)
    and for a sh!t Movie that i'd never again see nor wish i had subjected myself too.

    being camerad in theatre ad spied on makes people feel creeped out and then you make already unstable people lose it and kill people ......

    and i think im near a stage soon to move to a setting where im gonna show all of you the future......a future without control
    ( yea i borrowed a line form the matrix )

  36. I hope this passes. by Anonymous Coward · · Score: 0

    I really hope this passes and gains support from everyone. Honestly.

    It will end the RIAA. Pandora will become profitable by streaming unencumbered music.

  37. "You copied our client's song" by tepples · · Score: 1

    Once "non-RIAA music ... get[s] more airplay and exposure", what stops music publishers affiliated with RIAA labels from suing non-RIAA artists on trumped-up charges of accidental copyright infringement?

    1. Re:"You copied our client's song" by Anonymous Coward · · Score: 0

      what stops music publishers affiliated with RIAA labels from suing non-RIAA artists on trumped-up charges of accidental copyright infringement?

      Cost.

      Proving copyright infringement is expensive and "accidental infringement" may demonstrate a melody is not by itself worthy of copyright protection. Certainly the case for a melody against a common progression where the notes fall under the fingers in a common scale. Before someone says it -- the outcome of the George Harrison case was purely the result of bastardary by Allen Klein.

      Worst case scenario is that we switch from our equal tempered 12 notes to something else.

  38. Now You've Done It by eldavojohn · · Score: 1

    left the land of honey and milk for a barren desert.

    Smart move, a different ordering of those words would have put you in court with Capitol Records for copyright infringement.

    Unfortunately there were sentiments in your post that might have mirrored lyrics in Lynyrd Skynyrd's song "Workin' for MCA" off their double platinum album Second Helping. Warner Bros would also like to examine your use of the phrase "barren desert" and compare it to a song by the band America.

    Your summons is in the mail.

    --
    My work here is dung.
  39. They want to become rights holders by tepples · · Score: 1

    Right now the record labels aren't rights holders for cable and satellite broadcasts of sound recordings of nondramatic musical works. They want to become rights holders.

  40. you bet it is by Anonymous Coward · · Score: 0

    and combine that with a more open and free 3d model sci fi effects bunch and your ability to really do takes off
    bryce7.1 FREE ( adobe audtion ( 400$) for sound animations) as i stated above.

    WHO needs them....scare the hell out of 200000 actors and musicians and there lawyers ....and if you do profit make sure you donate locally to some charities like food banks and others and make sure you spend as much as you can into local stores....

    SHOW the business community there is value in NOT having a strong aggressive long term copyright.
    ONE could do mock ups of what you could do if you were allowed and yet sorry cant share or sell....

    get a few local musicians to do sound works for your videos ,pay em beer money and then make em a website and put up a few songs and ....wella
    gee its not hard and if you do this ill make a search engine for such ventures.....
    chronoss
    president
    united hackers association

  41. Sound recordings under Berne by tepples · · Score: 2

    I don't see how the page you linked applies, for two reasons. First, I thought use by a U.S. resident of a work of a U.S. author was subject to U.S. law, not international treaties. Second, I thought sound recordings, as opposed to the underlying musical works, were not covered by the Berne Convention and thus needed a separate "phonogram treaty", especially in light of article 13 of the treaty you mentioned.

    1. Re:Sound recordings under Berne by GeoGreg · · Score: 1

      In regard to treaties, I believe that treaties can trump US statutory law. They are considered of similar standing to the Constitution, and that is why they need ratification by the Senate. Of course, the terms of the treaty might exclude exclusively domestic production and consumption. Note, I'm not a lawyer, but this is how I understand treaties to work. They can impose all sorts of obligations on the signatory countries.

    2. Re:Sound recordings under Berne by Anonymous Coward · · Score: 0

      First, I thought use by a U.S. resident of a work of a U.S. author was subject to U.S. law, not international treaties.

      Tepples my friend... do you understand the treaty backwards? International treaties are enacted and enforced through national legislation. Berne is the treaty that allows a foreign author protection under US law and a US author protection under foreign signatories copyright laws.

      Second, I thought sound recordings, as opposed to the underlying musical works, were not covered by the Berne Convention

      Some countries consider sound recordings to be covered under authorship. Like this (6). There are exemptions, however, my understanding is that satellite and cable are covered by secondary transmission and subject to statutory licensing under US code.

  42. Re:The Best Alternative Is No Massive Powerful Gro by ciderbrew · · Score: 1

    +1 for that. The only reason I can think of for setting up the alternative is so there is representation. The alternative will do not a lot really, just be a way for stating you're not RIAA.

  43. Re:Good Job RIAA by Anonymous Coward · · Score: 0

    You killed yourself with your gimme-gimme attitudes.

    A lot less shitty music now, thanks to you faggots.

    FTFY.

  44. That's the point by Shagg · · Score: 1

    The end result? Many of these services don't exist or never get started.

    Yes, that's the whole point. The RIAA will gladly give up royalties if they can eliminate competition.

    If they had their way (which they are), the only music you could hear would be from RIAA owned artists and the only way you could hear it was from RIAA owned distribution channels.

    --
    Unix is user friendly, it's just selective about who its friends are.
  45. do this by Anonymous Coward · · Score: 0

    we get and form the NON label association and have people put forward a 5$ a month indemnity fee, this then gets us a lawyer for everyone that will fight them right back

    use the same thing , you sue them for slander and defamation of character and liable etc, as well as any left overs we can use to aid lobby groups in your nations to help make life better and make the public domain healthier.

  46. Verify that something is original by tepples · · Score: 2

    Write original material?

    Then let me rephrase: What should I do to verify that my material is in fact legally original?

    1. Re:Verify that something is original by ranpel · · Score: 1

      Why you cross reference it to the globally accessible database of copyrighted materials along with the current listed owner(s) - writings, recordings etc. and feed your track,vid,lyric etc. into the "compare this" filter, of course. Upon indication of a near-miss you're offered one of a) a license b) an offer to negotiate a license c) challenge the findings and, finally, d) GTFO

      Natch.

      --
      \r
    2. Re:Verify that something is original by gstoddart · · Score: 1

      Then let me rephrase: What should I do to verify that my material is in fact legally original?

      You know, I wanted to say something flippant, but it occurs to me that as people copyright songs, the brief snippets in them get copyrighted, and then you run out of unique combinations where someone won't then come along and say "Hey, I did a 'D A C G' note progression, you infringed on my copyright".

      You have made me sad. :-P

      I wonder how (or even if) the labels do this ... you can't compare every new song to every existing song. It seems like it would basically be intractable to prove that.

      --
      Lost at C:>. Found at C.
    3. Re:Verify that something is original by Urza9814 · · Score: 1

      I wonder how (or even if) the labels do this ... you can't compare every new song to every existing song. It seems like it would basically be intractable to prove that.

      Easily -- release it and see who complains!

    4. Re:Verify that something is original by imamac · · Score: 2

      Chord progressions have been held to be non-copyrightable. Melodies on the other hand are a different story.

    5. Re:Verify that something is original by sjames · · Score: 2

      Alas, it apparently only takes 3 notes to offend.

    6. Re:Verify that something is original by Anonymous Coward · · Score: 0

      This reminds me of the Spider Robinson short story "Melancholy Elephants."

      http://www.spiderrobinson.com/melancholyelephants.html [spiderrobinson.com]

    7. Re:Verify that something is original by Rockoon · · Score: 1

      You know, I wanted to say something flippant, but it occurs to me that as people copyright songs...

      This should have occurred to you before your first post. Seriously. Why post at all if you didnt even take a brief moment to think about what you were saying? Hell, not only didnt you think about it before you typed it.. you had a chance to preview it and still didnt think about it.

      The world cannot awaken if its content continues to be blathering unthinking crap spewing from the maws of people that want to hear themselves more than they want to know what they are talking about.

      --
      "His name was James Damore."
    8. Re:Verify that something is original by oldmac31310 · · Score: 2

      Why should you have to do that?

      --
      http://www.acetonestudio.com
    9. Re:Verify that something is original by tepples · · Score: 1

      Because if it turns out not to be original, I might get stuck with a statutory damages judgment that exceeds my liquid assets.

    10. Re:Verify that something is original by oldmac31310 · · Score: 1

      So don't fucking bother then. Fuck off and just don't do anything you want to do. Lie down and give up. I haven't. I've been doing it for years independently and I don't live in fear of being sued. Maybe you're so awesomely talented that you will be a star ******twinkle - but most creative people aren't and don't particularly want to be at that level. Yes, everybody wants money, but seriously you're getting beyond yourself. What have you got that you're so worried that it is derivative? Must be if you think it might be. Rethink it. you're a persistent fuck, I'll give you that. And in the end...I suspect a cross between a troll and a devil's advocate. And a standard old /. curmudgeon. Just make the music. Nobody is listening anyway friend.

      --
      http://www.acetonestudio.com
    11. Re:Verify that something is original by Anonymous Coward · · Score: 0

      You start by growing a pair of balls and Just Do It. If you are actually creative, vs just pretending to be, writing original lyrics is not a fucking problem. If you get caught up in the system despite your honest efforts then you need to fight the fucking system, instead of rolling over and crying that you should have bent over and took it up the ass in the beginning so it wouldn't be so painful now.

    12. Re:Verify that something is original by uninformedLuddite · · Score: 1
      --
      The new right fascists are bilingual. They speak English and Bullshit.
    13. Re:Verify that something is original by Anonymous Coward · · Score: 0

      It's more like seven notes in a melody, if I remember well a case where Rod Stewart was sued by brazilian singer/songwriter Jorge Ben (now Jorge BenJor). The songs in question were Stewart's "If you think I'm sexy" (1977) and BenJor's "Taj Mahal" (1976). Both had the exact same chorus, and a lot of the debate was centered around such chorus being a repeating "cell" made up of six or seven notes.

    14. Re:Verify that something is original by sjames · · Score: 1

      I was thinking of Harrison's "My Sweet Lord". Three notes shared with "He's so Fine". Of course, by the end of that whole debacle with all the buyouts and such, technically Harrison was suing himself for using three notes he did, in fact, have the rights to.

  47. then theres no hookers left by Anonymous Coward · · Score: 0

    oh the horror

  48. You guys are asking for this by SuperKendall · · Score: 1

    Most people on Slashdot are begging for such interferrence.

    From supporting Net Neutrality, to strongly favoring the party of Hollywood over Republicans - there's pretty much no angle that most Slashdot readers are not shoring up support for this very legislation.

    So why are you so surprised when a tiny shift from that which you already advocate for occurs? You voted for it, indeed you DEMANDED that government be involved in the world of media and intent.

    Here it is. Rejoice.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  49. Economies of scale in advertisement by tepples · · Score: 1

    Then let me rephrase: How should an indie recording artist advertise more efficiently than the establishment, which has both economies of scale and radio program director goodwill to its advantage?

    1. Re:Economies of scale in advertisement by BlueStrat · · Score: 1

      Then let me rephrase: How should an indie recording artist advertise more efficiently than the establishment, which has both economies of scale and radio program director goodwill to its advantage?

      An indie really can't compete marketing/advertising-wise against the majors. You have to find a way to get your music to go viral through alternative channels.

      Don't undervalue live performances. Live performances can also get you some local (to the venue you're playing) radio plays, and since many radio stations also stream, they reach further than they once did.

      These may also help:

      http://www.sonicbids.com/

      http://www.bandmix.com/

      http://www.tunecore.com/

      http://www.reverbnation.com/

      There is no single best method/path/plan for indie artists. Do your research, try some things, see what works best for you and your music.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
  50. commercial radio should die by FudRucker · · Score: 3, Interesting

    viva pirate radio! make little 1 watt transmitters that runs on 12 volt DC to turn any mp3 player in a car in to a tiny pirate radio capable of covering several city blocks, and just as easily be run from an AC outlet with a wallwart transformer, murder the RIAA with millions of tiny cuts

    --
    Politics is Treachery, Religion is Brainwashing
  51. umm, like taxes? by Anonymous Coward · · Score: 0

    "That would actually mean fewer services, fewer listeners and lower royalties. It's almost as if he has no concept of price elasticity. Lower prices can create higher total income. Also, the idea that any particular Congressional Rep. should be (effectively) determining what the "fair" price is for anything is, well, horrifying."

    This exact same argument could be made about taxes. Higher taxes discourages growth, with reduces the number of tax payers, which reduces tax revenue. And isn't it horrifying how members of congress get to determine what is someone's "fair share" of the tax burden. Replace the RIAA with taxes from this description and it fits perfectly. Amazing...

    1. Re:umm, like taxes? by Anonymous Coward · · Score: 0

      This exact same argument could be made about taxes. Higher taxes discourages growth, with reduces the number of tax payers, which reduces tax revenue.

      Similar to the Laffer Curve. However the Laffer Curve is ridiculed because hope and change trumps reality.

      I was going to mention the same thing, but I knew I'd be modded down.

  52. Damn republicans.... by dywolf · · Score: 1

    Damn those greedy corporate loving repub....wait a minute...

    (pre-emptive reply to the reply know I'm gonna get: if it had been a republican, there'd be a damn "republicans" post within the first few minutes. this is /., you know it to be true)

    --
    The guy who said the election was rigged won the presidency with the second-most votes.
  53. This is why... by decoy256 · · Score: 3, Insightful

    You do all realize that this is precisely the argument used to lower taxes in general, right? And specifically, to lower taxes on businesses. If we replace "royalty" with "tax" and "Pandora" with "every small business in America", then you have the exact argument that Republicans use to support tax breaks.

    Just thought I'd point that out. So, in order to be intellectually consistent, should we also support Republicans on the tax breaks? Should we slash taxes to encourage economic growth?

    1. Re:This is why... by GeoGreg · · Score: 1

      A tax is different from a royalty. The entire recording industry exists as it does today in the United States because it has the right granted by Congress under Article 1, Section 8 of the US Constitution and various international treaties to collect royalties. This argument is about the partitioning of revenue streams between private parties, not about how much revenue should be taken and used for public purposes.

    2. Re:This is why... by Anonymous Coward · · Score: 0

      This is different. Tax money goes to the government for assorted things, public good, etc... This royalty would be going to the music industry. It would be subsidizing them.

    3. Re:This is why... by Anonymous Coward · · Score: 0

      Yes. When we can afford to and for the people it makes sense to cut them for. Right now we need higher taxes and lower spending to take care of the debt. Later on we can lower taxes for lower incomes first and then higher incomes after that.

  54. add rider to the bill to end Hollywood Accounting by Dan667 · · Score: 1

    Then maybe the riaa would be dissolved. They don't add any value to music anyway so that would be a good thing.

  55. corrupt as fuck by SkunkPussy · · Score: 1

    That just shows how ridiculous it all is. internet streaming should never have been any different to radio streaming. So that should be coming down to match radio streaming, not the other way round.

    --
    SURELY NOT!!!!!
  56. Speeding up the death of radio and satellite? by Tangential · · Score: 1

    I would have thought by now that just as measurable numbers of people are starting to move away from Broadcast/Cable/Sat TV to stream instead, that there would be similar movement in audio.

    An unintended consequence of this move might be to put terrestrial and satellite stations completely out of the music business.

    Oh joy! A future where every radio station is in an all talk format.....

    --
    Suppose you were an idiot. And suppose you were a member of congress. But then I repeat myself. -- Mark Twain
  57. What no one wants to talk about by zuki · · Score: 2

    I think that in this case the 800-pound gorilla in the room is the fact that US terrestrial radio has been able to successfully keep extending an exemption from paying royalties to the owners of the sound recordings that Congress has granted them since 1934 or so; at the time the exemption was given in order for them to build their FM networks... wait! they're still building them. That's what it must be ... or else it would imply that radio and the NAB who represents them were just a bunch of greedbags.. clearly, this can't be!

    we're not talking about the publishing side, only sound recordings, which is totally different

    Keep in mind that every other radio station in the entire world is paying this sound recording royalty for the use of music on their stations.

    Made sense to give US radio a break when records were selling by the bucketload, but now that they don't anymore, what's the reason for those stations to keep making bushels of money off advertisers by broadcasting that music for free, only paying the songwriters but not those who own the recordings?

    The kicker is that because of reciprocity laws, no US owner of sound recordings gets paid from radio stations in the rest of the world for those same royalties which go to black box and gets shared by foreign companies since the royalties are not paid to foreign copyright owners by US terrestrial radio.

    Of course, on the other hand Internet and Satellite radios have to pay... lovely... >:(

  58. Not the same does not imply not similar by tepples · · Score: 1

    A COPYRIGHT IS NOT A PATENT.

    I agree with this statement in the most literal sense. In which post did I say otherwise? A copyright is unlike a patent in that a copyright covers original works of authorship and a patent covers inventions. A copyright is unlike a patent in that a copyright is defined in Title 17, United States Code, and a patent is defined in Title 35, United States Code. But just because a copyright is not exactly the same thing as a a patent doesn't mean they can't share some similarities. For example, both a copyright and a patent are exclusive rights in the output of a person's mind.

  59. Vote Green! They want "reform" by fustakrakich · · Score: 1

    How you "reform" a system based on corrupt practice, I'll never know, but there you are.

    Personally I'm willing to take the chance with them. This sticking with "devil you know" thing sucks

    --
    “He’s not deformed, he’s just drunk!”
  60. All-domestic format by tepples · · Score: 1

    Berne is the treaty that allows a foreign author protection under US law and a US author protection under foreign signatories copyright laws.

    No treaty is needed to allow a U.S. author protection under U.S. law. Should foreign recording artists start demanding royalties under the Berne Convention in excess of those to which a domestic artist is entitled, watch certain radio stations switch to an all-domestic format.

    1. Re:All-domestic format by Anonymous Coward · · Score: 0

      No treaty is needed to allow a U.S. author protection under U.S. law.

      No but Berne stipulates the scope of copyright legislation which the US must enact. There's no question of the US having exempted sound recordings when they are a signatory -- this is why I quoted the treaty as opposed to primary legislation.

      watch certain radio stations switch to an all-domestic format.

      There's the 150 mile radius exemption for broadcast transmitters in the US and I'm surprised it was never challenged by a foreign rights holder. Ultimately I guess those stations are, as you say, mainly playing domestic product. Curious that the RIAA went after file sharers but never mounted a serious challange or attempt to collect royalties from smaller radio stations.

  61. Prices... by NotQuiteReal · · Score: 1

    determining what the "fair" price is for anything... can only happen by using something called "the market". Setting prices by any other means always fails.

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    This issue is a bit more complicated than you think.
  62. Royalty of the Radio Kind by The+name+is+Dave.+Ja · · Score: 1

    I started reading the title and thought that it might be an article about Prince or BB King.
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    "They dug up the whole street. But it was just, like dirt and stuff underneath."

  63. Re:Clearance; promotion; oblig by jxander · · Score: 1
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  64. It's about time! by Anonymous Coward · · Score: 0

    There doesn't seem to be a lot of discussion on here about the fairness of this legislation. Namely, since the early 2000s, Internet radio stations have had to pay ludicrous fees just to stay on the 'net, simply because the words 'on the Internet' were included in the station's description. There is zero reason satellite and cable (and honestly airwave) radio shouldn't be subjected to the same ludicrous requirement. The sooner this happens, the less income there will be to fund the legal teams behind the recording industry.

  65. Re:The Best Alternative Is No Massive Powerful Gro by Anonymous Coward · · Score: 0
  66. 17 USC 103(a) by tepples · · Score: 1

    Do you understand that when you record something yourself, you own the copyright to the recording?

    Yes, provided I own the copyright in the musical work or have permission from the owner of copyright in the musical work. Otherwise, "protection for a work employing preexisting material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully." Title 17, United States Code, section 103(a). The question here is how I can be sure that once I've written a piece of music, it ends up original enough that I own a valid copyright.

  67. Re:The Best Alternative Is No Massive Powerful Gro by Hatta · · Score: 1

    Right now it feels like an exacerbated Pareto Law inside the music industry and it doesn't have to be that way.

    You're too generous. I was thinking Sturgeon's law.

    --
    Give me Classic Slashdot or give me death!
  68. Pandora's profitibility by jxander · · Score: 1

    As much as I love Pandora and it's ilk (and I really do) the royalty thing is only half the reason it's unprofitable. The big reason, which I don't see addressed, is the stark lack of commercials.

    Don't get me wrong, that's one of my favorite things about Pandora... for every 6 or 7 songs, you get one quick commercial, and back to the music. Compare to FM stations, which generally have 3-4 songs at most before cutting away for half-a-dozen commercials, and you can easily see why one is making more money than the other.

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    This signature is false.
  69. About the Summary and "Never Profitable" by brit74 · · Score: 2

    Your summary includes the quote: "As it stands now, the rates are so damaging that Pandora — the top player in the space — has made it clear it may never be profitable. Yes, never." The link you included talks about Pandora's founder supporting a bill and opposing another one, but in that article he never says anything like "the rates are so damaging that Pandora — the top player in the space — has made it clear it may never be profitable". That quote does come from the TechDirt article without a source.

  70. they'll just use the Sirius Model by Anonymous Coward · · Score: 0

    Bilk you for $20/mo and then send a seperate bill for the music royalty fees.

    I canceled my multiple Sirius subscriptions on the spot. Nice to pay music royalty fees even if you don't listen to music on their service.

  71. Route around it by mikeroySoft · · Score: 1

    I do hope that artists of the future choose to distribute their music via means they can control and directly benefit from, rather than broker everything through these greedy dinosaurs.
    The Oatmeal illustrated it perfectly... theoatmeal.com/comics/music_industry

  72. An eye for an eye, a tooth for a tooth, etc by Anonymous Coward · · Score: 1

    The pro-copyright side has:
    -turned the word "pirate" from about buff burly men pillaging on the seas to a bunch of kids and grandmas sharing files behind their desks
    -turned copyright infringement and file sharing to mean "theft" and "stealing"
    -promoted the whole concept of "lost potential sales"

    So it's only appropriate they get a taste of their own medicine. I'm surprised we don't see more of their own logic and methods thrown back at them.

  73. Laugh by koan · · Score: 1

    Go ahead RIAA that will drive even more to piracy.

    --
    "If any question why we died, Tell them because our fathers lied."
  74. Lower prices can create higher total income? by FF-Loucks · · Score: 1

    Really!!??!! Next your going to tell us that lowering taxes can increase revenue.

  75. Missing Keyword by Mana+Mana · · Score: 1

    jerrywaddler

    as he's known in the citay!

  76. Copyright has failed its constitutional purpose by tepples · · Score: 1

    The only thing you can do to prevent yourself from getting sued for infringement is to not release an album.

    If copyright promotes not publishing works in the first place, then copyright has failed "To promote the Progress of Science and useful Arts".

  77. Love is a wonderful thing by tepples · · Score: 1

    the outcome of the George Harrison case was purely the result of bastardary by Allen Klein.

    Let's assume for this discussion that that explains Bright Tunes Music v. Harrisongs Music. Now what explains Three Boys Music v. Michael Bolton?

  78. let them charge whatever they want by peawormsworth · · Score: 1

    Let them price themselves to death. There are other ways to produce music that do not involve the RIAA. You should know that there are other ways to produce and deliver music that do not involve the RIAA. Musicians can now deliver direct to customers and there are distribution companies that do not involve the RIAA. If you are still listening to commercial music under this Union then it is your own fault that you are paying outrageous prices that often (usually) benefit the distribution companies at the expense of the artist. The ones who benefit from the RIAA are the mega stars of music. But is there music really that good? Or are you convinced that you like them through a barrage of marketing and advertising? The answer is: they are not that good and you are conditioned to like what you think you naturally like. In reality there is a lot of great music out there and it is totally free. Why? Because the artist is more interested in marketing themselves then making money off every single listener.

    The future of music distribution is dead. The reason is that you the consumer pay the bulk of distribution costs already. You pay for bandwidth through your ISP and this is how the music travels from the producer to the listener. Since the cost of physical distribution is approaching $0, the value of the distribution company is also reaching $0. So the distribution companies and the RIAA are working hard to convince you that alternate channels are evil and wrong... such as the illegal closing of MegaUpload.

    You should look at http://jamendo.com/ for a large list of free music. Start downloading your own list of free music under the creative commons or similar licenses. Then share your favourite songs with ur friends. Then someday soon, your friends will share new free music with you. When that day arrives, you can forget about RIAA and the distributors marketing attempts to convince you that what you want is what they sell.

  79. Rap by tepples · · Score: 1

    If you are actually creative, vs just pretending to be, writing original lyrics is not a fucking problem.

    But one still has to come up with an original melody that is sung with those lyrics. George Harrison lost the "My Sweet Lord" lawsuit despite completely different lyrics. Or are you a rap fan?

  80. "My Sweet Lord" was nine notes by tepples · · Score: 1

    "My Sweet Lord" was nine notes ("My sweet lord / Really wanna see you" vs. "He's so fine / How'm I gonna do it"), not three. But even nine notes in a pentatonic scale, where each of the first eight can be long or short, can have only half a billion combinations, enough to have a substantial likelihood of collision.

  81. 17 USC 104(c) by tepples · · Score: 1

    I believe that treaties can trump US statutory law.

    Then the United States already may not be living up to its obligations under Berne: "No right or interest in a work eligible for protection under this title may be claimed by virtue of, or in reliance upon, the provisions of the Berne Convention, or the adherence of the United States thereto. Any rights in a work eligible for protection under this title that derive from this title, other Federal or State statutes, or the common law, shall not be expanded or reduced by virtue of, or in reliance upon, the provisions of the Berne Convention, or the adherence of the United States thereto." (17 USC 104(c))