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Long Live The RIAA?

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The old business model is dead… but is it coming back already?

I’ve noticed a disturbing trend lately. It seems that people- especially folks in the [tag]new media[/tag] world -believe that musicians don’t need to be paid. It’s rather unsettling, it is, to find out that people I respect and work with don’t understand that musicians have to eat.

Back in 2004 I dove head-first into the new media pool when I embraced [tag]podcasting[/tag]. Back then we even called it a revolution, but I’m starting to wonder if [tag]revolution[/tag] will lead to the lawless chaos that usually follows in a power vacuum.

  • Podcasters do not pay musicians to play tracks. I was obviously fine with this the day I submitted material to the [tag]PMN[/tag]. This, however, was a break from the traditional model where broadcasters pay [tag]BMI[/tag] and [tag]ASCAP[/tag] who, in turn, pay the [tag]songwriters[/tag] and [tag]publishers[/tag] directly (and only a handful of podcasters do that). Fortunately, podcasters try to get their audiences to buy the tracks and the albums, but then there’s my next observation…
  • Newer generations do not pay for track or album downloads. Since many kids even as old as college-age never paid for a disc of any kind in their entire life, they’re under the assumption that it’s okay to just go find the music you want online and take it. Even [tag]indie bands[/tag] and artists.
  • [tag]Second Life[/tag]rs do not pay musicians to play tracks. I’m not talking about live shows where performers get tips, I’m talking about [tag]audio streams[/tag] of uncleared pre-recorded music. All those [tag]DJ’s[/tag] spinning everything from [tag]AC/DC[/tag] to [tag]Prince[/tag] to [tag]Slim Warrior[/tag]? Are they paying BMI or ASCAP licenses?
  • Some conferences (like [tag]SLCC[/tag]) do not compensate musicians to perform live onstage. This one’s still kind of a hot topic, but I’ve had friends whom I respect actually tell me that musicians are asking for “special treatment” because they actually want to be compensated for their work (or even retain the rights to use their performances later). Of course, none of the other presenters are getting so much as a discounted admission, but that begs the question of why they’re not angry as well. Don’t they think their time is worth anything? Sure, some gigs are worth it for publicity… but when do the musicians start paying rent?

On a personal level, I’ve been paying my bills via [tag]works-for-hire[/tag]. This means music written for someone else, such as a commercial jingle or a theme song. While this is a fine sight better than brewing coffee or waiting tables for a living, does that mean I don’t get paid for any of my [tag]original work[/tag] unless it’s sold on a round piece of plastic?

I’m a big fan of the power of [tag]community[/tag], so I’m hoping you folks can help shed some light on this subject. We’re all blazing a new trail through business models that are still being written. Before the [tag]RIAA[/tag] becomes necessary again to make sure folks in my line of work don’t starve to death, we’d better find a way to enjoy the music without standing on the backs of the musicians OR crushing the new media pioneers that love them.

EDIT: LOTS of good comments below… please read them before leaving your own. :)


  • Any thoughts on today's column from Lefsetz? [always entertaining, and to the point]
    http://lefsetz.com/wordpress/index.php/archives...
  • So far I'm really digging the commentary here... hopefully you folks are discussing this OUTSIDE of my website as well!

    Chris Penn-

    I don't think charging podcasters to play tunes would do anything to help the revolution along. I would, however, like to see some kind of payments coming in from podcasters that are sponsored. If GoDaddy's writing someone a check for a music podcast, why does the announcer get paid but not the creators of the actual content?

    Unfortunately, the rates BMI or ASCAP would charge don't reflect the kind of money that's actually present in podcasting right now. You're lucky, you've got a company that can afford it, but even $600 a year is too much for most podcasters. Even sponsored shows.

    Dang, there are a lot of good comments I just don't have time to address right now... fortunately everyone else is. :)
  • ok
    I agree with you, that the ethics of art are INSANELY INEQUITABLE these days. People out there bitching and holding up fists saying "may characters are copyright ME ME ME! don't copy or I hate you sue you bite you!!" ... the same person has NO qualms about stealing music ;P
    Music SHOULD be exposed, but people need to re-learn the idea that if it's something you love, you BUY it, or it's just not fair to exploit the musical artists.... (as if they aren't WORTHY, like drawing artists)... ;/
  • "I’ve always liked the idea that you could record a song one night at a show and upload it and set a price to start selling it as soon as possible with the music going right into your pocket. I have yet to see that happen."

    I've done this but not charged, free giveaway.

    I also released a live recording policy of CC 3.0 by-nd-nc on my website ages ago
    http://www.sonicviz.com/music/members/6/blog.php that releases the users to record their own "album" live and bypass the selling/download stage. Trust them to pay you, if not now at some point in the future maybe. And they may share it which is free marketing.

    They do it anyway, may as well go with it because you sure ain't gonna fight it.
    It gets back to my first post about the value not being in the download anyway, and you always have the option to release higher quality recordings for sale later.
  • Peter Jaros
    I wasn't very clear above when I said "campaign". I don't think PSAs are going to do much. No one's going to care. What I'm envisioning are events, maybe a concert series. We've got the start of that with the Podsafe Showcase shows. Let's expand on that idea and make it about raising awareness of how artists actually make their living.
  • I too wish that all the sites out there that allow people to podcast music also easily allowed for the artists to sell their tunes as well. Some do it, but none do it as easily as I would like to see. I've always liked the idea that you could record a song one night at a show and upload it and set a price to start selling it as soon as possible with the music going right into your pocket. I have yet to see that happen.

    As a club owner in Second Life I've thought about charging for events. Ticket prices basically with the money going to the musician that night. I'm not sure how the community would react to this as I have not seen it done except in charity situations. But, I feel it's yet another way to help the artists. I always pay/tip the artists that play at my venue. It's the lease I can do for them.

    This is a new path that we are walking down and one that no one has figured out yet. Some great comments in here so far which is great.
  • Podcasting has changed my outlook on musicians and their music. I used to have the "screw the big man" mentality. But now looking at these great artists working hard to live, I have a new outlook. I buy the music when I can and if I can't afford it, I add it to my wish list and buy when I can.

    I think PodShow needs to finish up the PMN. When I read their license at one time I believe if you are non-commercial you can use the music for free. Thus one would assume a fee would have to be paid if you are commercial. The question is what is commercial and how do you pay those fees? I am sure there is a handful of podcasters out there that qualify as commercial, but I am also sure many of them are buying music and CDs from the artists as well. I don't mean to just pick on PodShow for this, I believe most of the "Podsafe Music Networks" have similar licensing. They should finish defining these rules and systems and get them in place.

    As a podcaster, I can't afford and would have to quit podcasting if they charged everyone a fee to use the music. However, if I was turning a profit, I would have no problem paying for playing. But I don't think podcasters are the problem. We are a handful to the thousands of listeners and consumers of the music.

    I realize what Matt's concern is and the many others that have gotten to where they are today because of podcasting. I think what one person suggested about the PSA would help, but we are talking about a small percentage of the whole listening audience would listen or care.

    What is the solution? Personally, I don't think there is a silver bullet. Americans are cheap and lazy. They will go cheap if it is easy. File sharing is pretty easy these days. If you make file sharing difficult (like in the pre-Napster days) consumers will buy the music. Since that isn't going to happen, we need to figure out a better solution.
  • Actually there are some possible flaws with the Magnatune model.

    The biggest one is their manual submission and filtering process.
    It is scaleable only to a certain point, due to the following.

    I asked John Buckman about this, at a web 2.0 conference in Tokyo a few months back, in relation to the next point, and he agreed that even their system was based in part on an old model if I recall correctly - and could be done differently if it was implemented now.

    One of the hottest trends in music at the moment, tho not on everybody's radar, is music recommendation services. These can range from simple user playlist sharing to sophisticated taste recommendation services combining playlist sharing and sophisticated Artificial Intelligence algorithms to parse huge music audio fingerprint databases like http://www.musicip.com/

    Due to information overload we are experiencing on all levels I predict you will find more and more people turning to systems like this, combinations of personal trust systems and automated analysis/recommendation, to filter the mass of content out there. The old model of "exposure" via mainstream media as the only path to success is failing both due to overload and the fact that people, to a large degree, do not trust what they see in the media.

    2d/3d Social networks mean people can build customised trust networks to get filtered content they believe in and not have to rely on thinly disguised advertising such as the tradition media "article" system has been ie: payola for play or write still exists.

    Which probably makes http://www.bob-baker.com/musicpromotionblog/200...
    a very timely topic:-) [tho one of the commenters has a very good point also in relation to songwriters, but that is a different career path from musician really]
  • Sam
    Thankfully there are moves to right this situation and support hard-working musicians again.

    I love Magnatune ("we are not evil") at http://www.magnatune.com/

    Read the founder's own story at http://www.magnatune.com/info/why.

    The team has a presence in Second Life too: http://slurl.com/secondlife/Kula%201/58/159/22.

    It's a fantastic service that benefits both musicians and music buyers.
    Enjoy it as much as we all enjoy Matt's music. :)
  • And good link Rich...http://www.scottmccloud.com/comics/icst/icst-6/icst-6-full.html in on the right track.

    Especially in relation to SL and the emerging new virtual performance mediums, given they are micropayment economies and may remain so, at least in some respects, for a while to come.

    Gotta start somewhere and the best place for a musician is playing live and connecting with people I think. Live music isn't dead, its just evolved.

    Good Copy Bad Copy http://creativecommons.org/weblog/entry/7522 also has some interesting points on this.
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