+ features

- Toons for a New Medium

- The Tale of the Tape: Phish, Metallica cash in on live shows

- Feature Archive

+ reviews

+ charts

+ internet music guide

+ digital music forums

 
the original mjuice website

EMERGING ARTISTS HURT THE LEAST BY MUSIC FILE SHARING?

By Kathryn Lewis

Okay, so the RIAA has filed 261 lawsuits against alleged file swappers, charging the computer users with "egregious" copyright infringement potentially worth millions of dollars. Napster has long since 'gone down' at the hands of the RIAA and they are hoping to do to Kazaa what they did to Napster. Now, they're also after so called digital freeloaders (DF's). After interviewing bands, fans, a techie and a small record shop owner, I concluded that the only ones truly hurting are those that have already made serious corporate bucks.

I just downloaded 16 tracks of the Yeah Yeah Yeah's. This doesn't mean that I don't support the band as a fan by not buying their music at a record store. This does, however, mean that I like them enough that I want to hear more of their music. By downloading, I can taste their talent without biting into an unknown apple -- sour or sweet or maybe even poisoned. I can easily burn a copy of these songs by downloading and then transferring the files to my media browser, which allows me to burn them onto CD. There is also a chance that I will buy what I can't download or if I LOVE them - I may buy everything they've ever recorded. Of all of these possibilities, there is one action that is paramount to the rest, no matter how I Iisten to their music. I will most definitely go to see a band that I like. This goes for ALL of the music lovers I interviewed. I knew a guy who ate Top Ramen and couldn't pay rent but he made sure he had tickets to The Pixies and Neil Young. His record and tape collection was stellar.

The Recording Industry Association of America (RIAA) doesn't seem to cover the marketing angle that DFing promotes touring and in turn, sales. Live concerts and small venue performances are or can be profitable for the artist, producers and all involved in tours, promotion and marketing of a touring band. On the other hand, the RIAA has some valid (albeit perhaps viewed with a distorted bias) points, in their fight against DF's.

In summary, the RIAA has written:

Music pirates are the first to lose

Consumers also lose because the shortcut savings enjoyed by pirates drive up the costs of legitimate product for everyone.

Honest retailers (who back up the products they sell) lose because they can't compete with the prices offered by illegal vendors.

Record companies lose. Eighty-five percent of recordings released don't even generate enough revenue to cover their costs.

Finally, and perhaps most importantly, the creative artists lose. Musicians, singers, songwriters and producers don't get the royalties and fees they've earned. Virtually all artists (95%) depend on these fees to make a living. The artists also depend on their reputations, which are damaged by the inferior quality of pirated copies sold to the public.

That last bullet is much disagreed with according to the musicians who I interviewed in Seattle. Wayne from The Spits said, "I don't care if someone downloads our music…get it out there, man. We don't make much anyway. If they like it they'll come to our shows and buy our shit." Lance Romance from The Briefs is among the so-called 95% who don't solely rely on royalties to make a living. Lance says that it gives them enough to tour and make a little money.

Lance remarked when asked how he feels about digital downloading of music,"I agree with it because of what it's doing to the record industry. It's dropping the bottom out of the major record labels." He said, "Maybe the more they are shaken up, the more they can concentrate on the bands." He pointed out that the major record labels, unlike the independent, smaller labels, are looking for the hit singles.

When I asked if Lance thought the DF's would go see them play live he replied, "Definitely. If people really like music they'll buy it and go see the band." Overall, he doesn't feel 'ripped off' by his fans if they download. "Getting it out there" by digital freeloading is what most musicians who aren't making millions and showing up on Gap commercials find the most important attribute to creating a distribution network without having the record companies taking 85% of profit from their music. Lance says that most record companies not only want that 85% of record sales, but they also want the same rights for on-line distribution. There are no manufacturing costs on-line. Why do they still want such a high percentage? You don't have to hire a limo, take a plane or run up entertainment expenses to get music out there on the net.

On the retail side the equation, big retailers of music, like Tower Records, are hurting. Yet, the smaller record stores, where you might find The Briefs and The Spits for example, are benefiting because more music fans are DF'ing the Independent labels and artists who the major record companies don't support. Therefore, the indie bands are also benefiting because they get heard, people go see them play and then they buy some records. DFing is hurting the major pop music stars by decreasing over-priced record sales - even with the recent minor reductions in price.

Many fans said that even though they download they will still buy the original over a bootleg and regardless if they DF'ed. Jason, part owner of Sonic Boom Records in Seattle said that most buyers, especially teens, say they use DFing as a tool to sample and then they buy it. They just opened a 3rd store and their business isn't hurting from shared music. A computer technologist (who fears the RIAA coming after him) said, "The RIAA is not up on how to use the technology to build a distribution model that people can get into.". He added that piracy isn't going to go away. Just as, the black-market isn't going away. History is the proof.

Remember the compellation cassette tapes that you spent hours perfecting? They went after pirates then too. Now, it's CD compilations that you title with a Sharpie and call it your own. DRM (Digital Rights Management) prevents DFing by popping a window when you search for an artist or song and then guides you to where you can buy the music. Apple and Microsoft are using it. Another question to consider in this charade is - who should they be going after?" The Napsters of the world and the communication providers who allow it to happen or the 12 year old girl sitting in her bedroom in the Bronx downloading a prospective, unknown idol?