The R.I.A.A.: A 21st Century Mafia, Part 3
06/12/2004 17:58 Filed in: Music
Why the music industry is left with pretty few options other than to change...
Okay, to read any further in this blog requires that you read the first two parts to this blog or none of it will make any sense. Scroll down if you haven't already.
Let's recap:
• All the lawsuits from the R.I.A.A. have been been settled out of court so far.
• The actions of the R.I.A.A. are little more than intimidation tactics similar to those applied by the mob AND probably have no legal standing.
• In reality, the lawsuits have not been aimed at people downloading music, but at those sharing music.
• Recording artists actually make very little on sales of their CDs. They make money at the concerts. Music producers by-and-large make HUGE profits from the sale of music.
• Copyright laws have not kept pace with the advance of technology. Current copyright laws are not only outdated, but make the current issue with unauthorized (the term I am going to use from this point forward for music downloaded for free off the internet) downloading of music even more difficult.
In my previous posts on this subject, I put forth the challenge to know exactly what law people are breaking by swapping music. And I could find little equivalent outside of making photocopies of copyrighted material (including magazine articles) at the local library. Now, let me make the water a little bit more muddy. Consider these dilemmas:
1) If the claim is made that unauthorized music downloads are stealing revenue from the music industry, what about the purchase of used CDs? Here in Louisville in the Highlands, there are a number of stores devoted to the sale of used CDs, tapes, and even vinyl records. When those transactions are made, how much of the profit goes to the artist? to the producers? ZERO.
Heck, forget the issue of the used CD stores. What if I decide I don't want Willie Nelson's Stardust Memories anymore and give it to you? Have we just stolen from someone?
Here's the reality: used media is a huge business in the United States today. I rarely pay full price for any entertainment anymore, nor do I buy it new. I buy "previously viewed" DVDs at Blockbuster because not only are they cheaper, but they also come with a lifetime guarantee. Last week, I went to Gamestop and bought a used copy of XIII for my Xbox. I paid $16 for a game that is retailing at Target for $50 and discounted at Sam's Wholesale Club for $44.95. Did the transaction between me and Gamestop violate any laws? any ethics?
I can promise you that if the copyright owners of these materials could figure out a way to stop the sale of used goods or take a cut, they would. When used bookstores started popping up twenty years ago, some publishers actually resorted to putting statements on the copyright pages of their books stating that they could not be resold. Nobody paid any attention and you don't see such statements today very often.
2) What about music recorded off the radio? Radio stations pay for the license to broadcast music and legally you can record it all you want. Someone might counter that the quality of the recording of music played over the radio doesn't match the quality of music on actual CDs. So what? Do you care (or even notice) when you play music on the radio? And in regard to quality, have you listened to some of the satellite radio services? It's getting very close to the quality of actual CDs.What if a person created their entire music collection from recording on the radio, converting the songs to MP3 format and then creating her own CDs, puts them on her iPod? Has anyone been paid for this copy of the music?
3) Can I copy your copy of music if I've already paid for it? In 1980 I bought Billy Joel's Glass Houses on cassette (I remember debating whether it would be more advantageous to get the cassette or the 8-track). I listened to the tape so much over the next two or three years that it finally squealed when I played it. Now, would it be legal then for me to make a copy of your Glass Houses CD since mine is messed up? I can't return it to the place that i bought it. But since I paid for it 25 years ago and since Billy Joel's people got their money, is there anything illegal or unethical about me making a copy of yours?
Well, heck, Rick...should we just let people copy movies, music and software all they want, willy nilly? No, the three aren't the same. Certain songs and versions of songs are associated with the artist. The song "Devil Went Down to Georgia" is a Charlie Daniels song (I've heard, but been able to confirm that Daniels is no longer allowed to perform this song because of copyright disputes, but if this is true, it serves to illustrate how the power in the recording industry is in the wrong hands). That song is associated with him, not with his music label, legal issues withstanding. However, movies and software are very different. If you get a job coding Photoshop software for Adobe, and then you quit Adobe and go to work for Microsoft, you don't take Photoshop with you. It remains Adobe Photoshop, and there would never be a Microsoft Photoshop unless Microsoft bought it or Adobe (heaven forbid). Finding Nemo is Pixar movie. If John Lassiter leaves Pixar, and goes to work at Dreamworks, he can't make Monsters Inc. II at Dreamworks. Only Pixar can do that. The movie is associated with the production studio.
Music is different. If you are a musician, really all we need are you and your music. You need the funds to produce your music on a wide scale, but I'm not so sure the current way things are done is the best way to do this. Back to that thought in a minute.
However, the issue of unauthorized music downloads is not going to go away easily. In fact, I would say that we can't go backwards. Online services such as the iTunes Music Store are only a temporary solution to make folks like myself have a clear conscience about how they obtain theuir music and to pacify folks like the suits who make up the R.I.A.A. However, this is not a long-term solution. More about that in a minute, too.
Here's the deal...here's why this isn't going away anytime soon... Have you talked about this at all with a teenager? I teach at a Christian school and what I've discovered when I bring this up with my students is that they just look at me with blank stares or at most bewilderment. The Gospel Music Association funded a study recently that determined that Christian teenagers are just as much engaged in unauthorized music downloads as non-Christian teenagers. If they want a song or CD, they just go online and fire up Kazaa. Evidently, it doesn't matter whether it's Brittany or Third Day. The ethics of it don't even come into play in their decision because this is how it's been done since they first got interested in music. Would they walk into Wal-Mart and steal a CD? No, but they have no ethical thought process at all when it comes to downloading it. So what do we do? Write up Sunday School lessons about music downloading? Add a new chapter to Why Wait? Hold weekend retreats to study the issue? I don't think that's going to settle the problem.
Plus, there is so much misunderstanding out there. I've come across people that still associate Napster with illegal downloads even though it is now a legal music download store. Same goes for iTunes. I've heard people referring to "illegally downloading music from those places like iTunes." And a few weeks ago I remember talking with a woman who thought she was authorized to download all the music she wanted because she had the "paid for" edition of Limewire.
Let me tell you, 3000 lawsuits from the R.I.A.A. aren't even beginning to influence the issue at all. People are still downloading, but they've gotten smarter. There are a hundred or more websites that give instructions for downloading music without getting sued by the R.I.A.A . The main thing they tell you is to simply make sure that file sharing is turned off on your computer since the suits have come against those who are sharing music and not downloading. And for those who are still scared in regard to downloading, the new thing is to go to public wi-fi spots with a wireless enabled laptop and sit there and download all you want. This suggestion was implied pretty heavily not too long ago by Kevin Rose on the Screen Savers who is often seen wearing a "Music Pirate" t-shirt .
See, here's how this works. Whenever you are on the internet, you have an IP network address associated with your computer. The R.I.A.A. simply fires up peer-to-peer file sharing networks and gets the IP address of the guy offering "My Sharona" by The Knack available for download. That IP address is traced to a particular internet provider, kinda like with a phone number from a bell system or cellular provider. They issue a subpoena to the internet provider for your name, and then they sue you (the owner of the computer with that IP address). However, if you are in a place with public wireless access such as a library, airport, hotel, or coffee shop, the IP address cannot be traced to YOU (unless you just never leave).
I am writing this blog from a Heine Bros. coffee shop in Louisville, Kentucky. They have free wireless internet access (which is why I've started hanging out here instead of Starbucks which doesn't have wi-fi in Louisville). A while ago, there were six of us with laptops open (three Apple Powerbooks, a Dell, a Toshiba, and something I couldn't tell--if you're interested). Know how you spot the guys downloading music? They're the ones with the headphones on because they need to hear samples of the songs they are downloading. You can also tell because internet bandwidth slows way down in places like this when folks are downloading music.
My point is this: music downloading is a part of the culture now. Many of the people doing it don't even realize that there are legal and ethical issues around it. Technology has changed the way people obtain music. So what can be done?
Here's my suggestion, and I don't claim any originality to this. The way the consumer and musical artist relate to each other is going to have to change. The days of the large recording labels need to go ahead and check out because they've been on the deathbed a while, and probably weren't a good idea to begin with.
Music itself needs to be free. There...I said it. How does the artist make any money then? Here's how...
First, I should note that I come across some people who just like to have a physical CD in hand. So the physical item may not ever completely go away. If people want these, then they should be able to pay for them, but not at the current prices in the music stores today.
Secondly, what we need to realize is that the iTunes Music Store (and other such services) did not prove that the majority of people do not care to have a physical CD, peer-to-peer music swapping did. The music itself needs to be free to the enduser/consumer to download from an artist's website, swapped freely with friends and family and even copied from the CDs of those who just have to have the physical product.
This changes the purpose of the CD or music files themselves. They become the promotion for the artist. You like the artist well enough to go to their concerts, buy their t-shirts, and put their bumper stickers on your VW van.
Everyone is happy except the suits at the record labels. They will have to go out and get real jobs...
Okay, to read any further in this blog requires that you read the first two parts to this blog or none of it will make any sense. Scroll down if you haven't already.
Let's recap:
• All the lawsuits from the R.I.A.A. have been been settled out of court so far.
• The actions of the R.I.A.A. are little more than intimidation tactics similar to those applied by the mob AND probably have no legal standing.
• In reality, the lawsuits have not been aimed at people downloading music, but at those sharing music.
• Recording artists actually make very little on sales of their CDs. They make money at the concerts. Music producers by-and-large make HUGE profits from the sale of music.
• Copyright laws have not kept pace with the advance of technology. Current copyright laws are not only outdated, but make the current issue with unauthorized (the term I am going to use from this point forward for music downloaded for free off the internet) downloading of music even more difficult.
In my previous posts on this subject, I put forth the challenge to know exactly what law people are breaking by swapping music. And I could find little equivalent outside of making photocopies of copyrighted material (including magazine articles) at the local library. Now, let me make the water a little bit more muddy. Consider these dilemmas:
1) If the claim is made that unauthorized music downloads are stealing revenue from the music industry, what about the purchase of used CDs? Here in Louisville in the Highlands, there are a number of stores devoted to the sale of used CDs, tapes, and even vinyl records. When those transactions are made, how much of the profit goes to the artist? to the producers? ZERO.
Heck, forget the issue of the used CD stores. What if I decide I don't want Willie Nelson's Stardust Memories anymore and give it to you? Have we just stolen from someone?
Here's the reality: used media is a huge business in the United States today. I rarely pay full price for any entertainment anymore, nor do I buy it new. I buy "previously viewed" DVDs at Blockbuster because not only are they cheaper, but they also come with a lifetime guarantee. Last week, I went to Gamestop and bought a used copy of XIII for my Xbox. I paid $16 for a game that is retailing at Target for $50 and discounted at Sam's Wholesale Club for $44.95. Did the transaction between me and Gamestop violate any laws? any ethics?
I can promise you that if the copyright owners of these materials could figure out a way to stop the sale of used goods or take a cut, they would. When used bookstores started popping up twenty years ago, some publishers actually resorted to putting statements on the copyright pages of their books stating that they could not be resold. Nobody paid any attention and you don't see such statements today very often.
2) What about music recorded off the radio? Radio stations pay for the license to broadcast music and legally you can record it all you want. Someone might counter that the quality of the recording of music played over the radio doesn't match the quality of music on actual CDs. So what? Do you care (or even notice) when you play music on the radio? And in regard to quality, have you listened to some of the satellite radio services? It's getting very close to the quality of actual CDs.What if a person created their entire music collection from recording on the radio, converting the songs to MP3 format and then creating her own CDs, puts them on her iPod? Has anyone been paid for this copy of the music?
3) Can I copy your copy of music if I've already paid for it? In 1980 I bought Billy Joel's Glass Houses on cassette (I remember debating whether it would be more advantageous to get the cassette or the 8-track). I listened to the tape so much over the next two or three years that it finally squealed when I played it. Now, would it be legal then for me to make a copy of your Glass Houses CD since mine is messed up? I can't return it to the place that i bought it. But since I paid for it 25 years ago and since Billy Joel's people got their money, is there anything illegal or unethical about me making a copy of yours?
Well, heck, Rick...should we just let people copy movies, music and software all they want, willy nilly? No, the three aren't the same. Certain songs and versions of songs are associated with the artist. The song "Devil Went Down to Georgia" is a Charlie Daniels song (I've heard, but been able to confirm that Daniels is no longer allowed to perform this song because of copyright disputes, but if this is true, it serves to illustrate how the power in the recording industry is in the wrong hands). That song is associated with him, not with his music label, legal issues withstanding. However, movies and software are very different. If you get a job coding Photoshop software for Adobe, and then you quit Adobe and go to work for Microsoft, you don't take Photoshop with you. It remains Adobe Photoshop, and there would never be a Microsoft Photoshop unless Microsoft bought it or Adobe (heaven forbid). Finding Nemo is Pixar movie. If John Lassiter leaves Pixar, and goes to work at Dreamworks, he can't make Monsters Inc. II at Dreamworks. Only Pixar can do that. The movie is associated with the production studio.
Music is different. If you are a musician, really all we need are you and your music. You need the funds to produce your music on a wide scale, but I'm not so sure the current way things are done is the best way to do this. Back to that thought in a minute.
However, the issue of unauthorized music downloads is not going to go away easily. In fact, I would say that we can't go backwards. Online services such as the iTunes Music Store are only a temporary solution to make folks like myself have a clear conscience about how they obtain theuir music and to pacify folks like the suits who make up the R.I.A.A. However, this is not a long-term solution. More about that in a minute, too.
Here's the deal...here's why this isn't going away anytime soon... Have you talked about this at all with a teenager? I teach at a Christian school and what I've discovered when I bring this up with my students is that they just look at me with blank stares or at most bewilderment. The Gospel Music Association funded a study recently that determined that Christian teenagers are just as much engaged in unauthorized music downloads as non-Christian teenagers. If they want a song or CD, they just go online and fire up Kazaa. Evidently, it doesn't matter whether it's Brittany or Third Day. The ethics of it don't even come into play in their decision because this is how it's been done since they first got interested in music. Would they walk into Wal-Mart and steal a CD? No, but they have no ethical thought process at all when it comes to downloading it. So what do we do? Write up Sunday School lessons about music downloading? Add a new chapter to Why Wait? Hold weekend retreats to study the issue? I don't think that's going to settle the problem.
Plus, there is so much misunderstanding out there. I've come across people that still associate Napster with illegal downloads even though it is now a legal music download store. Same goes for iTunes. I've heard people referring to "illegally downloading music from those places like iTunes." And a few weeks ago I remember talking with a woman who thought she was authorized to download all the music she wanted because she had the "paid for" edition of Limewire.
Let me tell you, 3000 lawsuits from the R.I.A.A. aren't even beginning to influence the issue at all. People are still downloading, but they've gotten smarter. There are a hundred or more websites that give instructions for downloading music without getting sued by the R.I.A.A . The main thing they tell you is to simply make sure that file sharing is turned off on your computer since the suits have come against those who are sharing music and not downloading. And for those who are still scared in regard to downloading, the new thing is to go to public wi-fi spots with a wireless enabled laptop and sit there and download all you want. This suggestion was implied pretty heavily not too long ago by Kevin Rose on the Screen Savers who is often seen wearing a "Music Pirate" t-shirt .
See, here's how this works. Whenever you are on the internet, you have an IP network address associated with your computer. The R.I.A.A. simply fires up peer-to-peer file sharing networks and gets the IP address of the guy offering "My Sharona" by The Knack available for download. That IP address is traced to a particular internet provider, kinda like with a phone number from a bell system or cellular provider. They issue a subpoena to the internet provider for your name, and then they sue you (the owner of the computer with that IP address). However, if you are in a place with public wireless access such as a library, airport, hotel, or coffee shop, the IP address cannot be traced to YOU (unless you just never leave).
I am writing this blog from a Heine Bros. coffee shop in Louisville, Kentucky. They have free wireless internet access (which is why I've started hanging out here instead of Starbucks which doesn't have wi-fi in Louisville). A while ago, there were six of us with laptops open (three Apple Powerbooks, a Dell, a Toshiba, and something I couldn't tell--if you're interested). Know how you spot the guys downloading music? They're the ones with the headphones on because they need to hear samples of the songs they are downloading. You can also tell because internet bandwidth slows way down in places like this when folks are downloading music.
My point is this: music downloading is a part of the culture now. Many of the people doing it don't even realize that there are legal and ethical issues around it. Technology has changed the way people obtain music. So what can be done?
Here's my suggestion, and I don't claim any originality to this. The way the consumer and musical artist relate to each other is going to have to change. The days of the large recording labels need to go ahead and check out because they've been on the deathbed a while, and probably weren't a good idea to begin with.
Music itself needs to be free. There...I said it. How does the artist make any money then? Here's how...
First, I should note that I come across some people who just like to have a physical CD in hand. So the physical item may not ever completely go away. If people want these, then they should be able to pay for them, but not at the current prices in the music stores today.
Secondly, what we need to realize is that the iTunes Music Store (and other such services) did not prove that the majority of people do not care to have a physical CD, peer-to-peer music swapping did. The music itself needs to be free to the enduser/consumer to download from an artist's website, swapped freely with friends and family and even copied from the CDs of those who just have to have the physical product.
This changes the purpose of the CD or music files themselves. They become the promotion for the artist. You like the artist well enough to go to their concerts, buy their t-shirts, and put their bumper stickers on your VW van.
Everyone is happy except the suits at the record labels. They will have to go out and get real jobs...