How the Wolf Will Survive: How Musicians Make a Living in the Streaming Era

thewolf

David Byrne thinks musicians are doomed by streaming music.

More music is being made and listened to with greater frequency, diversity and depth than ever before in human history.

But musicians are doomed.

Here are my issues with Byrne’s flimsy refutations of “counter-arguments” to building a business around free access to music:

“1. Recorded music -— and especially the idea of making money from it —- is so 20th century. Suck it up and move on.”

If not by selling access to recorded music, Byrne asks, “what is the alternative model for making a living” for musicians?

First, there’s the assumption that all musicians make money from recordings. Let’s acknowledge the many composers and performers who aren’t recording artists that are already making livings without exploiting their sound recording copyright.

Second, let’s also acknowledge that musicians never have earned 100% of their living from recordings. The bulk? Sure. Performance is an important and fast-growing part of the industry. Bands can and do produce and release successful albums in totality without any “team” helping them.

Third, there’s a complete lack of understanding as to how value is created around free access to music these days. For being such a musical visionary, Byrne doesn’t seem to realize that a new music business is dawning where fans directly patronize artists and fund their works. This is the era of the niche artist supported directly by the fan, the rejection of the hit song economy. It’s time to question corporate-hijacked copyright and government-decreed royalty entitlements as the basis of musician income.

Nobody thinks crowdfunding will “replace” royalties, that’s not the point. The point is that government-decreed, corporate-lobbied copyright exploitation rates are anachronistic in the digital age. We need new models. Byre, Lowery and the pro-copyright pro musician (but not necessarily pro-musician) cabal perpetuate the myth that music career failures are due to external forces (“piracy”) and not their own failure to adapt.

Alarm over the idea that value is shifting from the song to the fan is understood but unwarranted. Think beyond the numbers you see getting smaller on your royalty check. Right now, at this very moment, musicians are thriving. Byrne is the minority. We laugh at complaints about your royalty check, the epitome of a first-world problem. Most musicians never see a royalty check. Not because their music lacks quality or an audience, but because they don’t understand the music business, and the whole thing is set up to exploit them. Literally — copyright exploitation is how the old model derives value.

Thankfully, that will soon be behind us. The new model (well, really the “original” model of music before intellectual property law existed) derives value from the direct relationship between artist and fan. Technology brings us back to that model by allowing for songs to be produced, marketed and shared at costs that continue to diminish. We are all connecting, and the copyright regime is more of an obstacle than a boon to musical creativity and productivity.

Yet despite three labels owning ~70% of the rights to the world’s music (thereby largely dictating the terms that streaming companies do business), musicians aren’t just surviving, we’re thriving. More recordings are being made than ever before.

Again, for such a tech-conscious person, how can Byrne miss the recording studios in every musicians’ basement? How can he miss broadband and mobile? A world of ubiquitous, free flowing music. Each song an opportunity to be heard, and an opportunity to be paid.

Recorded music still has great value. Free or near-free access is not a genie that’s going back in the bottle, nor should it. Free access to music is best for most musicians and all fans. Some pros will get smaller paychecks — particularly those who relied on government-decreed royalty entitlements and lawyer/manager fees for squeezing blood from the stone-cold labels. That paradigm is shifting in a more ethical direction, and we should be championing it by adapting, not wringing our hands in paranoid nostalgia.

“2. The move to streaming services as the principal means of music consumption inevitably does some damage. That’s how the world works and how things progress. Progress is disruptive. One simply has to adapt to the inevitable.”

Well, yeah. Duh. Nothing is ever black and white. There are going to be benefits and drawbacks with any major change like this. Progress is both disruptive and inevitable. We have to look at whether digital music is a net positive or negative, and I continue to be stumped by folks who think music or musicians are at risk in a world of abundant creative production. The only thing being devalued is gatekeeping access to music, and there are numerous other revenue streams that musicians today are tapping into to power their careers.

Byrne makes it sound like all of the sudden, every musician doesn’t know how they’re going to make a living. All he has to do is take a look at the musicians succeeding by straddling the old model and the new, rather than fighting the future, which by definition, is inevitable.

Byrne goes so far as to categorize a group of people as “digital and technological inevitablists”, which won’t pass a spell check.

Some deaths are inevitable: The rotary phone… the fax machine… recorded music “ownership”. I mean, we’re not still using sharpened rocks to cut our meat?

So, obviously, Byrne says, “the content will run out eventually” if sound recording copyright loses its value.

Say what now? More music is being made and heard than ever before. On the whole, most musicians are taking advantage of the changes in the music business. There is a small but vocal minority of Byrnes and Ribots simply aren’t connecting directly with their fans and offering the kind of value that would render these worries of selling access obsolete.

Musicians are not under threat just because the musicians who can’t figure out how to switch from copyright exploitation to something else are blogging a lot about it.

Thousands of established artists have already embraced crowdfunding and taken control of their careers. They stopped wringing their hands and got them dirty taking control of their own careers.

“3. Scale will make the difference. Your concerns and fears are premature because if these services are allowed and encouraged to grow and reach their ultimate potential- they will be 20 times larger than what they are now in North America —- then artists will indeed make a decent living from this music consumption model.”

I don’t think anyone believes musicians will make a living solely from streaming music, or that streaming music will dollar-for-dollar replace CD sales or downloading.

I also think any reasonable person sees streaming music having endemic financial problems, even as it scales to enormous user bases. The record labels are just squeezing too much juice out of the system for tech companies to make a decent profit.

Byrne obviously doesn’t realize what he’s saying here: “Monopoly, however, has not historically been good for consumers or for innovation -— regardless what tech companies say. Power corrupts; it’s a given.”

So… uh… this is awkward, but, you know copyright IS a monopoly, right? The very right you’re defending has historically not been good for consumers or for innovation. So, yeah, thanks for making my point for me.

Byrne ends on a note that we need more transparency, which most people in the tech world agree with and are striving to provide. Meanwhile, ASCAP and BMI have magical secret licensing calculations and the labels hide from their artists everything they’re not legally pressured to show.

“4. The Internet has been good for artists’ independence. They are freer now than ever before -— they can record more cheaply and even control their distribution, if they want to.”

OK, so Byrne knows about the democratization of recording, distribution, marketing, sales, merchandise, instruction, licensing, and publishing.

Obviously a bad thing.

Byrne: “artists can’t really do a homegrown version of the on-demand streaming model.” Actually, they can and are actually doing that right now as we speak. Rabbit Rabbit and Deadmau5 are just two examples. I think it’s the future of all music. Bam! I just gave you the next big business plan in music. That’s how wolves… musicians… whatever… will make money as music streams like tap water. Each one of us will have our own branded “channel” where we directly engage and monetize fan relationships. This is a practical, logical way artistic control can be preserved in the transition from copyright exploitation to direct fan patronage. But it’s much more fun to say the sky is falling!

Oh, another understatement of the decade: “There has been a flowering of creativity and possibility somewhat thanks to the web.”

That’s like saying, “There was a great deal of reading and writing somewhat thanks to the printing press.”

Byrne is missing the point that the web is us. I’m all about respecting my elders but I’m not sure we should be taking cues for the future of music from a 61-year old who stands like a pale, naive foreigner amongst the digital natives.

“5. Streaming services are like broadcast radio, which music folks worried about at first, but eventually decided that it actually helped promote musicians work —- so some fees were waived.”

When broadcast radio came along, it threatened and co-opted labels. RCA bought Victor in 1929. The labels came fighting back, and a decade later we had BMI opening to lure artists away from labels and onto radio-owned properties. The standoff was settled by the government and that’s why we have this ridiculous entitlement system that was always broken and is now crumbling.

Eventually labels used payola to buy out radio and control the music marketplace and were able to get a final leg up on on radio, but not before they dumped a huge portion of their profits into independent promoters who greased the palms of broadcast programmers.

Today, corporate ownership of media and record companies is so consolidated, most negotiations are done behind closed doors with no input from musicians whatsoever.

This is the industry Byrne is defending in his piece.

Suggestion #1: “What if there was no free on-demand streaming (unless the artist is directly controlling that access through their own site or as a publicity endeavor).”

Byrne answered his own question, he just put parenthesis around the answer for some reason?

If you were being serious, then we have a unicorn to sell you. There is no world in which free on-demand streaming of music does not exist. Or rather, there is, and it’s a scary totalitarian dystopia where we’re likely to have bigger problems that stimulating musical productivity and creativity.

Suggestion #2: “Artists should get 50% of the income streaming sites now pay to labels”

Ha ha ha. We have a herd of unicorns to sell you.

Why does a post demonizing the music tech industry pose a solution that points out the real exploiters, the big three labels? Music rights corporations and industry organizations are clearly responsible for low musician wages, not tech companies.

Suggestion #3: “The artist should have approval whether his or her work can be used.”

Again, this is a label problem, not a tech company problem. Independent artists have total control to pick and choose each individual distributor. This is widely known… most musicians are independent. Welcome to the future of the music business: independence. It can be scary for people used to mailbox money, but we like it.

The only way to have total approval over whether your work is used is to not make it. Music is free. One way to create value around it is by controlling access through copyright law. But don’t confuse music with copyright.

Suggestion #4: “Transparent accounting and data sharing.”

Again, the labels are obfuscating. The tech companies are trending more transparent.

Is this whole thing just a Machiavellian scheme by labels to transfer their unethical history of corruption and exploitation onto a tech industry that wants to turn consumers into creators?

What is Byrne thinking? If the musicians that look up to him follow his lead, they’ll be more broke and confused than they were before they started blaming their own fans for destroying their music careers by sharing their songs out of pure love for the music.

Back to reality, folks!


photo credits: wolf by Arran ET; microphone by Paul Waite

Stop Confusing Music with Copyright

notequal

Imagine a world in which there is only bottled water. Then, quite rapidly, changes in technology connect every household to a municipal water line so they can have tap water.

Suddenly, you don’t have to pay for water every time you want to drink it. And even though you’re paying a small monthly fee for access to the municipal water line

This is what’s happening in music. We’re hooking up and turning on the taps. We’re reclaiming the water as a public resource.

Recently there was a putrid click-bait post on Digital Music News titled “Why Streaming Music Isn’t Like Bottled Water“. It’s part of a trend — albeit a trend quarantined to snarky music bloggers and obscurity-fearing professional musicians — to paint streaming services as the great evil.

What bothers me the most about knee-jerk demonization of tech companies is that record labels are really the ones to blame. It was the labels that used lawyers and lobbyists to bring copyright under corporate control. Don’t hate the industry that’s trying to make it more fair!

I would agree it’s naive to think tech companies would have anything but their bottom lines in mind when it comes to decision-making, just like the corporate oligarchy controlling music copyrights. Nonetheless, look at all the great music that has come out of the labels despite them being largely evil empires. The same will be true of tech companies, but they still have a long ways to go before they can compete with the unabashed exploitation of musicians at the hands of the labels. Remember McLuhan: “The medium is the message.”

Sure, making music more fair means the 1% of musicians who earn 95% of the profits in the music industry are going to have to take a hit to their paycheck. That’s the shift caused by technology in many corners of society, in music it is embodied by the streaming services. The record labels are the ones who want to see the 1% hold on to their money, because they collect over 50% of their revenue before it makes it to the artist! Who’s screwing who?

Back to bottled water. It’s been a popular thing for technologists to say that “music is like water” because… well… it is. It’s kind of common sense and obvious. Tens of thousands of people have agreed. This is why the click-bait trolling article was written in the first place, like a kid kicking a bees’ nest.

If you visit the link, you’ll notice I started to refute the article point by point before getting overwhelmingly bored. I’ve been fighting against the trolls who demonize the music tech industry for years. It’s getting tiresome. What’s more, the world I talk about — the world in which music flows like water — is already here. We’re never going to regress back into the world that the copyright maximalist musicians are trying to complain us back to. This much is clear in their total lack of advancing any workable solutions for increasing the value around music.

Here’s the problem: Musicians (and many others) are confusing copyright with music.

Music is Free

If you don’t understand why music is free, please take a second to hum a song. Now try to put a price tag on it. You can’t. You need some sort of way of gatekeeping access to that song in order to create value around it. There are two ways: build a fence to keep people out, or build a fence to keep people in.

Copyright is the fence built to keep people out. Patronage is the fence built to keep people in.

Copyright Productizes Music

Copyright has been the way we’ve generated value around music for roughly 200 years, first by protecting sheet music, but most importantly by protecting the song recording. For the first time in the music business, the gates didn’t have to be physical to create value around song. Prior to the invention of the recording, the only way to create value around music was to attract patronage — the main way of doing so was to be paid for a performance. The way to create value in a performance is to charge those who pass through the entrance. The gates were physical and literal.

With copyright, the gates became more like music — ineffable, conceptual. Over time, listeners and musicians were brainwashed by the copyright industry to combine copyright and music into a single concept — “sonic product” — the idea of music as a product to be packaged and sold like any other consumer good. The free music, like that on the radio or TV, was just promotion for the sale of the product — a free sample.

But the product of music isn’t like consumer packaged goods. The “packaging” is copyright, a law that you can’t touch, smell, taste or hear.

That’s where the bottled water analogy comes in.

Streaming music is tap water in a world where bottled water used to be the only choice. Oh sure, you can saddle up to the water fountain of radio, or the office cooler of music television. But to have on-demand access to the water that you want, a bottled-water system makes no sense when tap water technology is here. Sure, plenty of listeners will continue buying bottled water because of its perceived convenience or quality, the rest of us are thirsty and just want a drink.

We’re undergoing the same kind of fundamental shift that happened when music moved from performance to recording, from patronage to copyright.

Of course, the multibillion-dollar bottled water will fight with all its might to protect its profits. This is the true crisis in music — corporations ruining music just for profit. Tech companies are also trying to profit, but they’re doing it by building walls that keep people in, not walls that keep people out. The tech industry is building the music taps, the listeners want it, the musicians want it — only the bottled water industry wants to fight it. Unfortunately, the bottled water industry (and the labels) have lots of money and lawyers to ruin society with!

We need to stop confusing copyright with music. Music exists independently from the access-control mechanisms we use to create value around it. This is not to say the forces of business and technology have no role in shaping music. Quite the opposite is true — we tend to underestimate just how much commerce and technology shape creativity.

But when it comes time to talk about what music really is, the cacophony of music bloggers and complaining professional musicians drowns out the truth.

Music is like water. It’s a free but precious resource necessary for human life that must be maintained and made fairly accessible for humanity to progress. And like water, it is constantly under threat of corporate control for the best interest of the corporation, not society.

The record labels are the water bottlers. You pay a premium, and you feel it in your wallet every time.

The streaming services are the tap. You pay a small monthly fee, and metering makes sure the costs and revenues are evenly distributed.

But guess what? The water analogy doesn’t stop there. Do you see the ocean?

In the music analogy, the ocean is the sea of musicians — the majority of musicians — who don’t make a penny playing music. Forget money, they don’t even get a chance to be heard.

Right now, the sea is undrinkable unless you build an expensive system to filter it. This is exactly where the music industry is right now. We’re trying to figure out a way to filter the millions of musicians playing across the world and deliver something of value to the listener. Or, in water terms, we’re trying to desalinize the ocean.

We’ve come to define the hit song as the pinnacle of music, but that’s not true. The pinnacle of music is in every musician being heard, whether it’s by one person or one million. We’re getting there, and it starts with moving past the bottled water industry.

Even as mainstream culture grows even more monolithic, one by one, people are waking up to this new way of thinking about how we create value around what we create. Control is moving from the corporation back to the individual as profit takes a backseat to community. Music isn’t a product to be sold, it’s a service we provide to each other.

It’s the most exciting time to be a musician… and it’s a pretty exciting time to be a human in general.

So pour yourself a nice, tall glass of tap water and toast to the future of music, where all musical thirsts are quenched!

Rock Star Digital Music Freakouts Ignore Benefit to Everyone Else

(CC-BY-SA Jason Lam
David Byrne, the latest rock star to fight the tide of small screens from the Jumbotron. (original photo CC-BY-SA Jason Lam)

“It is difficult to get a man to understand something, when his salary depends upon his not understanding it!” – Upton Sinclair

It’s the latest fad: rock stars hating digital music. Well, not really — it started with Napster. Back then, a lot of artists held their tongues, realizing that it would be mega-uncool to call their fans thieves just for being fans. Plus, the major labels had screwed them repeatedly, and it was schadenfreude to see them suffer because of their own greed and ineptitude.

Flash forward over a decade, and the labels have figured out how to continue to profit from gatekeeping access to the world’s music. Sure, they’ve seen their market share slip versus the indies, and now only own the rights to around 70% of recorded music. But they’ve once again managed to control the means of mass distribution, this time by dictating the terms of digital music streaming services so that they could not exist without the majors, legal or financially. (I’s also the reason why streaming royalty payouts are so low for most artists — the major labels, as always, take the lion’s share.)

The rock stars realize they’re being screwed again by the majors (what did they expect?) David Byrne is the latest to pile on While many famous musicians point the finger at tech companies ad exploiters du jour, Byrne’s piece rightly acknowledges the majors are culpable for setting the terms of streaming music. Nonetheless, he speaks in concert with many other high profile artists when he blames digital distribution of music for destroying music, saying “The internet will suck all creative content out of the world”. I respect Byrne as a musician and a well-spoken, well-written, thoughtful musical provocateur, but this is too much.

Most of the complaining is just reactionary vitriol, the same way journalists deride blogging, or photographers bellyache about Instagram. There were probably some pretty pissed off monastic scribes when the printing press came out.

The problem with creative professionals complaining about changes brought about by technology is that they’re focusing only on their careers. I don’t blame ’em. Only those with a laser-like career focus can find any long-term success in the creative industries. As it relates specifically to the music industry, I never would have expected vaudeville performers to welcome recorded music, or for Tin Pan Alley to welcome radio, or for the record and radio busiensses to welcome digital.

When rock stars and professionals make the digital music debate all about their paychecks, they not only pass culpability from the major labels that deserve it to the technology companies that enable freer access to music. Tragically, when music professionals make grandiose statements about how digital is killing music, they measure the decline only in the dollar amount of their paycheck, and they denigrate music in the same way the major labels do. They reduce one of humankind’s greatest evolutionary and expressive triumphs to mere profit, and they fail to ignore the benefit of digital music to everyone else.

Put simply, more music is being made and listened to than ever before. Digital music combines the best of recording (accessibility to high-quality music performances) with the best of radio (free access). It’s the best thing to ever happen for fans — and make no mistake, fans control the music industry, though more often than not they may not realize it.

There is no doubt the professional musician is on the decline, which is bittersweet. Most career musicians are working-class survivors, a group of ~50,000 musicians in the U.S. who have fought their way tooth-and-nail to profitability. Only a fraction enjoy profitable careers lasting more than a few years. A generally non-vocal majority of professional musicians are busy adapting to the changing market, but a handful of very vocal complainers are raising an awful stink about their shrinking paychecks. Again, I don’t blame them for being protective of their livelihoods — but look what good paywalling did for newspapers/journalists. Successful pro photographers found out ways to embrace Instagram, not fight it.

My biggest gripe with the anti-free access to music, professional musician mentality is that what little time it spends focusing on solutions, those solutions belie any understanding of the change that has already taken place, and ignore those who aren’t professional musicians — namely, the tens of millions of music fans that make their paychecks possible.

It’s absurd how many artists, Byrne included, just complain. At least crusaders like David Lowery are trying to articulate solutions, though they often reduce to useless catch phrases like “stop artist exploitation” or “piracy is stealing”. What is all this doing except making professional musicians look like entitled, out-of-touch geezers to their fans?

The other troubling development is that these activist musicians end up bolstering the exploitation-based business built by major labels, by virtue of the fact that major labels control the market. Every dollar musicians fight to earn back by more strictly enforcing copyright law is $99 that goes into the pockets of the labels. Even the labels are finally realizing after 125 years of fighting piracy, that the War on Piracy is like the War on Drugs or the War on Terrorism. To the extent that battles can be won, the cost of doing so — both financial and in the hearts and minds of fans — is unsustainable.

What these money-focused musicians miss is so obvious: it’s not about the money. As Henry Rollins said, “I’d rather be heard than paid.” This is not something that only professional musicians feel. Every musician feels this. Even fans feel this. And I think what every professional musician needs to realize is that their careers are transforming because digital technology awakens the musician in all of us. Music professionals no longer enjoy a monopoly on the title of “musician.”

Free access to music empowers the amateur and the aspiring musician to earn income on scales that were not possible before. It reverses the trend of music without context — instead of digital files floating around in the cloud, creators are now compelled to create imagery, video, and other media around the music, enriching the fan experience.

Free access to music is blurring the line between fan and musician, creating a new culture of creator-consumers, remixing and mashing up several generations of recordings to create a new art form. They curate playlists to become the new DJs. They sample at will to electronically create entirely original compositions with embedded links to music history.

Free access to music rebalances the world of music more toward performances, away from the hegemony of the recording. In a post-scarcity economy, copies of performances lose value, original performances gain value. This rewards the generation of new music without having to rely on messy copyright law. EDM is explosively huge, and so much of it exists outside the copyright exploitation paradigm.

Free access to music allows musicians to focus on what’s really important: their relationship with their fans. Gone are the days when fans were measured in dollar amounts. Success in music is now measured in attention, in engagement.

Free access to music de-emphasizes the ethically compromised business model of copyright exploitation in favor of direct fan patronage. It may not scale to gold records, but the only people that seem to care are the rock stars, and those that still believe in the rock star myth. And if you’re hell-bent on copyright exploitation as your main source of revenue, there are plenty of academic studies showing free access to music increases sales of access to music.

I get that it’s counterintuitive — especially for professional musicians — to see their disappearing careers as a good thing. But it is. You just have to consider that music is bigger than the ~50,000 professional musicians in the U.S. There are fifty times as many musicians creating music right now for no money, and waving it all away as crappy music is a defense mechanism. They are finding their audiences. They are supplementing their income and breaking even. They are being heard even if they aren’t being paid. And if they’re really good composers, performers, recording artists and entrepreneurs, they are getting more chances to be heard, more chances to build a career.

There is no doubt that free access to music is inevitable — if not here already — and will continue to be the major force in reshaping music. To the detractors and complainers, I’m afraid the question of whether that’s a net benefit to humanity has already been settled. The fans have spoken. They want the music back.

Zac Shaw Interview on the Music Manumit Podcast

manumit

Listen to the interview I did with the Music Manumit podcast on all things Dead Unicorn and my quest to empower musicians and spread the good news of the golden digital age of music!

The hour-long podcast is a marathon of interesting topics punctuated with humor — just the way I like it. Hosts Doug and Tom gave me the opportunity to talk about the many projects I’m working on, including Dead Unicorn (and our successful crowdfunding campaign), Mediapocalypse, Right to Music, Songhack, my love for Creative Commons and more… Listen now!

As Music Production Costs Fall, Shouldn’t Price Fall Too?

Your new favorite song could come from here. (CC-BY Matt Gibson)
Your new favorite song could come from here. (CC-BY Matt Gibson)

The cost to produce music is at an all-time low.

The price of music is… well… schizophrenic. A single track can be simultaneously obtained for free on BitTorrent, or purchased on the iTunes store for $1.29. Or you can stream it for next-to-nothing on Spotify, or for a fraction of next-to-nothing on YouTube. And you can still buy the CD for $14.95 to get that one song you like, if you’re a masochist or retired.

The free music debate is often framed as an epic battle to save music itself. Proponents of stricter copyright enforcement claim that keeping these price points high is necessary to keep the quality of music high. Without the proper funding, musicians will make less music, or if not less, at least worse.

I think we can all agree that while the price of music is effectively (with streaming) or literally (with torrenting) free, the cost of producing music is anything but. There is real labor, real expense involved in producing an album.

On the one end of the spectrum, you have major labels paying over $1MM for a single. On the other, you have Nirvana’s Bleach, a multi-Platinum-selling album made for $606.17 in 1989.

What does it cost to produce music? Whatever you want to spend, or can afford. That’s the problem with putting the pricing debate in perspective — the costs to produce vary as wildly as the results. There have been plenty of multi-million dollar flops and home-recorded hits, so how can one ever put a definitive cost on music production? We can only assign a range of possibilities, but doing so does help illuminate the debate.

Before we talk production costs, there is something important to be said for the fact that costs vary wildly. It would suggest that pricing of music ought to vary wildly, at least somewhat in line with the cost to produce it. And yet, the basement DIY record and the multi-million dollar Rhianna album both retail for $1.29/track on iTunes. This is because the price of music is fixed by the big 3 record companies that control around three quarters of the global music industry. And yes, those same three major labels were the ones who negotiated how much artists get paid on streaming services — an amount that as we have seen is so paltry as to only be sustainable on a large, major-label market scale.

Point is, music should cost whatever the artist and their business team wants. This idea is often invoked by detractors of free access to music. “You can make your music available for free, that’s fine,” they say, “but I have the right to charge for mine.” Which is true, and copyright makes it so — artists enjoy a monopoly over the right to distribute copies of their music at the moment they record or write down a song. The intent of copyright is to create value around this right, so that production costs (both in labor and materials) can be covered, and the production of music can flourish. So it would stand to reason that the value created by copyright would not remain fixed as production costs fall.

Nope. The major labels have consistently fixed the value of music copyright by litigating and legislating against any force that threatens to devalue music access fees. They have extended copyright terms to draconian lengths. Any technology that is outside of their price-fixing controls is sued out of existence, and the law is changed if it does not suit their litigious needs. Forget free access to music, the powers that be don’t even want variably-priced music!

Major labels have enjoyed an effective monopoly over the monopoly that copyright grants artists. This happened because the value of copyright was not intrinsic, rather it was hitched to the ability of a business to exploit it. In the past, it was incredibly difficult for the artist to exploit their own copyright to create value — they had to sign their rights over to a label to be exploited. They didn’t have access to the apparatus of production, marketing and distribution like they do today. Thus, the value of music copyright was in the value of being exploited.

Over the last decade, we’ve seen a major shift in the value of copyright, due in no small part to the falling costs of production. The cost of recording technology dropped to a fraction of what it once was. You can still spend a few million dollars building a state-of-the-art studio, but more and more are recording for less and less. Modern recording technology also speeds up the recording process considerably, so there are fewer labor costs.

Music listening is becoming a more participatory process, and more music is being made (via remixes, covers and mashups) just for fun or expression, without commercial intent. You can still spend a year writing an album, but plenty of musicians are vastly reducing the labor involved in composing an album by using technology to demo as they write, with feedback and collaboration happening at a faster pace.

Marketing costs are at an all-time low thanks to social networks and the ability of bands to connect directly with fans. You can still spend millions on a national marketing campaign (or get a consumer electronics company to underwrite it), but it’s now possible to market an album guerilla-style, and catch on virally without spending a dime.

And don’t get me started on distribution. Since the Napster days, the cost to distribute digital music has been effectively free. The real expense that these streaming sites have is not server bandwidth (a point that would be largely mooted by peer-to-peer technology). The exorbitant expense is in the labor required to seek out rights holders, get them to sign a digital service license agreement, and the accounting behind tabulating and paying out their share of the streaming pie. And when you’re talking about having to negotiate with the big three majors, you better believe the expense is going to be as exorbitant as the top entertainment lawyers can manage.

Digital distribution is what truly democratized the music industry, and the genie is never going back in the bottle no matter how much the RIAA continues quixotically to cram it in. I can distribute my music worldwide via any number of retail aggregators (CDBaby, OneRPM, TuneCore, DistroKid, etc.) for the cost of a magazine subscription. I can certainly distribute it worldwide absolutely free as well. The cost of digital distribution is near zero, and has been for quite some time.

So, there we have it. The labor involved in songwriting (to the extent you can call it ‘labor’) has been slightly decreased by technology. The time and cost of recording has been drastically reduced. Successful marketing can be achieved at a fraction of former costs. Distribution is nearly free.

The cost to produce music is much lower than it was just a decade ago. Shouldn’t the price of music adjust accordingly? Isn’t the pricing of streaming much closer to what’s fair for consumers? Doesn’t the declining cost of music production dictate that we charge less — even nothing — for access music? When you factor in new opportunities in direct fan patronage, a growing live music market and greater demand for licensed music, shouldn’t we continue to develop the intrinsic value of music as a service, and relax monopoly distribution rights on the music product in order to do so? This would be disadvantageous for the big three record labels, but a boon to most musicians and their fans, because a chance to be heard is a chance to be supported.

Ad-Sponsored Music Piracy is a Mythical Threat to Musicians

David Lowery, musician with Cracker and Camper Van Beethoven supports Trichordist and is angry that recorded music doesn't pay like it used to. (photo: Clinton Steeds CC-BY)
David Lowery, musician with Cracker and Camper Van Beethoven supports Trichordist and is angry that recorded music doesn’t pay like it used to. (Clinton Steeds CC-BY)

A small but growing number of formerly well-compensated musicians are rallying around a new empty catch phrase: “ad-sponsored piracy”.

As far as I can tell, this idea gestated in the bitter womb of The Trichordist, an echo chamber for musicians who are too scared of changes in technology to discuss solutions. Instead, they spew dangerous propaganda about the “new exploiters” of musicians, namely technology companies. Though they continually remind readers that they’re “fighting for the artist”, though there seems to be no sort of plan or strategy other than complaining.

Look, I think we can all agree all types of businesses exploit people on a fairly regular basis. But I believe I’ve made it clear that technology companies are more ethical that the business forces that dominated music in the past. They are far from perfect, but at least they’re trying to find solutions.

The Trichordist went way out on a limb, grabbing screenshots of ads from major corporations being displayed alongside free music downloads of popular artists. This shock-and-awe tactic is presumably to incite fans to petition the advertisers to pull their ads from these sites.

Unsurprisingly, this attempt has backfired horribly. When the Dead Kennedys and Lou Reed posted the aforementioned Trichordist posts on their Facebook pages, their fans were quick to point out how stupid the posts were, and how out of touch Trichordist and the artists (or more likely, their embittered management) were for posting them.

Eric Kennedy wrote on the Dead Kennedys page: “…that shit is from a year ago, and I can pretty much guarantee that site doled out more viruses than songs. Stick to reposting whatever Black Flag is posting on FB in the future.”

Jay Conner added: “It is utterly astounding that somebody directly involved in the industry on both the business and artistic sides could be this uneducated about how internet advertising works. Particularly since he, you know, runs a blog dedicated to the internet and its ethics.”

Here’s the problem with so-called “ad-sponsored piracy”: it’s a mythical threat. It’s a fake problem cooked up by butthurt musicians who saw their market share crumble when the music business model shifted away from charging for access to recorded music.

I don’t have to get long-winded to prove it. Anyone with a basic understanding of how Internet advertising works understands that these ads appearing on these sites does not equate to companies sponsoring the site or its contents. It’s doubtful they even know where 99% of their ads appear.

And even if they did, anyone with a basic understanding of copyright law and how the Digital Millennium Copyright Act works knows that any site that makes available copyright infringing material must remove it immediately at the request of the rights holders. Reed and the Kennedys can play the victim all they want, but if they feel their copyrights are being infringed, they do have legal recourse to deal with it. Instead they are just complaining, and their fans are totally turned off by it.

Furthermore, even if we assume these sites were committing copyright infringement, most people understand that copyright law — and much of society, really — has been hijacked by corporate interests. In reality, free access to music is a good thing for most musicians because a chance to be heard is a chance to be paid. Pre-Internet, very few artists were heard, a minority were paid, and a tiny minority were paid fairly.

In fact, I think Lou Reed and Dead Kennedys would actually benefit from having their music available as a free download, largely by tech-savvy young people. If you look at the artistic merit of both these artists, I think popular opinion would agree they’ve been on the decline creatively or at least nowhere near the work they’re widely known for. Let’s say nine out of ten kids might come along and download “Walk on the Wild Side” and they hate it, or they like it but not enough to be curious about discovering more Lou Reed tunes (purely hypothetical, because kids stream music these days). One out of ten is going to love it so much they’ll seek out more, and along the way there will be plenty of opportunities to pay the artist far more than what they would make selling the track on iTunes to ten kids. That’s the new business of music, and it’s a much more fair shake for musicians than one given by the labels, lawyers and lobbyists of the past.

As for the Dead Kennedys? I’m sorry, but they’re not the Dead Kennedys if Jello isn’t in the band. He’s on record calling the band a ‘cash scam’ and that’s what the band is purely about now: making money. The art is gone. Forget musicians, fans are being exploited.

So you see folks, the myth of “ad-sponsored piracy” is really just the product of desperate musicians at the end of their careers. The primary purpose of copyright law is to create a rich and thriving culture — economic compensation is a part of it, but not the whole. Why would we deny thousands of musicians the right to be heard and to be paid just so washed-up artists like Dead Kennedys and Lou Reed (more accurately, their buisiness teams and labels) can squeeze some more dollars out of a good run that happened decades ago.

If The Trichordist were serious about fighting against musician exploitation, they would be fighting against the corporate corruption of copyright and fighting for Internet freedom. By their rationale, even Spotify qualifies as ad-sponsored piracy because of its almost non-existent royalty payments in the face of hundreds of millions of dollars of ad and subscriber revenue. But Spotify pays 70% of revenue to artists, just like iTunes. Somehow one is morally bankrupt and the other perfectly legitimate. It’s absurd. I’m no great champion of Spotify, but put up against iTunes they look like Mother Theresa. And like I said, music downloads are approaching their high water mark and will be all but a memory as a new generation grows up on streaming, so the myth is already hopelessly outdated.

In the future, I would like to see The Trichordist discussing some actual solutions instead of throwing tantrums. Talk amongst yourselves. I’ll give you some topics:

Building a culture of entrepreneurship among musicians
Crowdfunding as a way to finance an album without signing an exploitative contract with a label
• Marketing as discovery, not as manufacturing popularity or generating music sales
• Music for music’s sake, not as a product but as a service
• How digital services for musicians democratize the industry
How digital technology dramatically cuts the expense of music production and marketing

Musician Exploitation: Who’s Really Responsible?

PlacidoDominco-IFPI-CC-SA
IFPI chairman Plácido Domingo bellowed as Rome burned.

Hang out for a few minutes and I’ll tell you why Grooveshark may be more ethical than Spotify.

Brief History Lesson

By suing Napster and its kin out of existence, the music industry elite created a “soft landing” for its multi-billion dollar business of selling access to recorded music. They couldn’t kill so-called music “piracy” (also known as song sharing), so they killed the nascent technology companies that tried to build a business around it.

To what extent have musicians benefitted from this business model? Until access to music became free, it was our primary revenue stream. But too often we got such a small piece of the overall pie. The record business was never particularly ethical, with its exploitative contracts, shady accounting and history of corruption.

Free access to music wiped these ethical dilemmas off the table with one click of a mouse, giving us a new debate over the question of whether music should be free to access and share.

Notice I didn’t say “free music”. Music isn’t free to produce or market, though costs have dropped considerably any way you spin it.

At the time of Napster, music suddenly was free to access with an Internet plan and a computer. It took the industry hundreds of millions of legal and lobbying dollars to finally stop the bleeding. In 2013, the slow death of physical media has been largely offset by the rapid growth of digital after a precipitous $3B drop.

The corporate music industry would be quick to tell you that suing innovative digital music companies and individual file sharers was all about protecting musicians’ revenue, that they saved our bottom lines. This is the same industry that coerced us to sign exploitative contracts, that price gouged and price fixed consumers, that bought off radio to play the same songs on repeat.

Nobody’s perfect.

But musicians are starting to wise up as they see the bottom line on their streaming revenue reports. To be fair, Spotify (and iTunes) pay roughly 70% of its revenue to artists (more accurately, “rights holders”, which are primarily the labels who exploit the artists’ copyrights). A lot of the negative reaction can be chalked up to failures in long-term vision — as the decibel point moves right in our royalties, the multiplier grows exponentially. But the current streaming royalty system clearly favors the big four major labels over the short and long term, because it is harder for independent, unsigned and emerging musicians to compete with their massive back catalog of perennially popular music and marketing budget to match.

Some musicians are coming around to bridging the art/business divide and becoming entrepreneurs themselves. They’re sick of having to rely on someone else exploiting their rights for increasingly less money. The Internet allows direct fan patronage in the form of crowdfunding, tipping, or selling both virtual and physical products from one’s own website. Home studio production is getting cheaper and better. Licensees are hungrier than ever for the latest music. Marketing is as easy as creativity > strategy > click. These aren’t empty catch phrases like “downloading music for free is stealing” and “piracy is bad”, these are realities clear to any musician working in the field today.

Yes, there will always be artists who dare not sully their art with business concerns, but they are an increasingly lonely breed. The new musician adapts to the meager streaming royalty stream not by petitioning for higher royalty rates from Pandora, but by embracing business models with far more promise than selling access to recorded music. If only the record business elite would step off. But there’s billions at stake and they like their yachts. Who can blame them? They’re the last generation of the American Dream and they don’t want to wake up.

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What would Jesus stream?

Occupy the Music Industry

Revolution is blowing in the wind among musician culture, and the industry elite can smell it. The chairman of the International Federation of the Phonographic Industry is acclaimed opera singer Placido Domingo. In the IFPI’s 2012 annual report, Domingo titled his introduction, “A digital world that rewards artists and creators”.

Really? What about “a digital world that rewards the gatekeepers between artists and creators”. That’s really what the IFPI is concerned about. It doesn’t represent the interests of musicians, it safeguards the commercial exploiters of musicians’ recorded music copyrights. Let’s tell it like it is — the money trickles down through the cracks in their multi-billion dollar pavement. The markup on music remains artificially high to justify the expense of major label production and marketing. They also need to even out the variance from gambling on bands like derivatives traders.

What’s concerning is to see musicians jumping on the IFPI’s bandwagon, supporting the suing of technology companies, demonizing their own fans for sharing music. I mean, what do these musicians think is going happen? Are we going to all of the sudden roll the music industry back to 1996 when a CD cost $14.95 and you were forced to buy 9 crappy songs for every hit single?

“Of course not,” these skeptics will tell you. They love new technology, it just has to be applied fairly to musicians. Technology companies, they say, are even worse than the exploitative record labels, because they want to use your music for their own gain and pay you nothing!

It’s not even remotely that simple. Of course, there are plenty of digital music companies exploiting musicians’ copyrights. But it’s precisely because we’re still working within the model of copyright exploitation established by the labels.

Grooveshark is an exploiter. Spotify is an exploiter. And on the face of it, Grooveshark would appear to be screwing artists far worse than Spotify. Google has decided to blacklist them from certain search functions under pressure from the IFPI and its minions to fight so-called “piracy”. But Grooveshark has only been convicted in the industry, not in the court. They’ve literally been blacklisted from the industry for daring to question the status quo of corporate-hijacked music law and technology.

Corporate Hijacking of Music Law and Technology

The majors and some indies have refused to license their music to Grooveshark. As a result, the majors are trying to sue Grooveshark to death just like Napster or all of the other -ster’s they shut down with copyright infringement lawsuits. We know how well that worked — unauthorized song sharing only grew more popular. The industry’s well-documented and cyclical fight on piracy is the same kind of endless war the US is engaged in overseas. The industry has been fighting it for 100+ years and the only true goal has been to co-opt the developments of independent innovators rather than truly eliminate piracy, which is quixotic. (See the book Pop Song Piracy.)

Spotify and its ilk only use officially licensed music. But what happens when the legal system is broken? Copyright is supposed to protect our right to profit from our labor and to express one’s personhood. It’s also supposed to promote social and cultural welfare, and benefit the greater good by making creative works accessible to the widest possible audience. The cost for access is supposed to be high enough to incentivize creators to keep creating, while low enough to prevent a large deadweight loss, depriving the least amount of citizens from access to the work. These are the moral and economic foundations of copyright, and they’ve been hijacked — just like the political process, the food supply and our media — by large corporations.

In 2011, the four major labels controlled 88% of the market share for recorded music. That’s enough to make the Monopoly Man jealous. These labels own the rights to the vast majority of the music we listen to, and use their enormous legal and lobbying resources to keep it that way. It’s not some sort of conspiracy, it’s standard American capitalism, and the American way of music business is increasingly the way of the world.

Don’t Bring Back the $14.95 CD, Bring Back Napster

People rallied around Napster for two reasons. One was that it made it possible to access all of society’s recorded music for free. The second was that many music consumers knew they themselves were being exploited by major labels almost as much as musicians were. They witnessed a history of major music industry settlements for price fixing, price gouging and payola. They heard the stories of great musicians suffering because a label coerced them into an onerous contract. They paid $14.95 for one good song.

The music industry was incapable of embracing a world where all of society’s recorded music was available for free, even if that’s clearly what consumers wanted. (Most people at this point will say, “of course that’s what people wanted, people want everything to be free” to which I reply, “Yes they do.”)

As a quick aside, I believe music is closer to a necessity than a want — closer to food, affection, sex, shelter, etc. than a new TV or a Snickers bar. As a society we should endeavor to provide free and fair access to music — a Right to Music — on a humanitarian level. (Follow the link for more.)

Free access to music is good for musicians for one simple reason: An opportunity to be heard is an opportunity to be paid. Anyway, the best musicians make music in order to be heard first, paid second. The motivating factor of copyright and the potential of being the 1 in 10,000 musicians that become a rock star have been greatly exaggerated. If copyright law evaporated tomorrow we’d still be making music. That the music industry lost half its value and we have more artists creating more music than ever before is testament to this fact.

David and Goliath.
David and Goliath.

Grooveshark vs. Spotify

This all relates to the Grooveshark vs. Spotify ethics question, because Grooveshark is pretty much the only company of its size that believes access to music should be free (or nearly so.)

Spotify, and the dozens of other streaming services (many of them restricted to certain geographical regions because of licensing rights restrictions) believe that the way to save musicians is to increase payments to the labels that exploit them.

Sound familiar?

Let’s contrast two opinions, the first from IFPI chairman Domingo:

“…policymakers better understand that the internet does not make music “free”.”

Here we have a straight-up threat by the IFPI to stop funding politicians’ re-election campaigns if they don’t pass legislation protecting major labels’ ability to exploit musicians’ rights for maximum profitability. Spotify et. al. would agree with this statement. As we’ve observed, just because the Internet provides free or near-free access to music, that doesn’t make the production and marketing costs of music zero (though costs have inarguably dropped significantly).

Storm the Gates

It seems we are left with two solutions. The one proposed by the IFPI is to protect the gatekeepers by charging a monthly subscription fee for access to music.

I have no problem with this business model, nor do I think should musicians.

I had no problem with it back in 2000 when Napster brought us the technology and proposed the exact same business model. But too many salaries built from exploiting musicians were on the line, and they were sued out of existence. It wasn’t done for the musicians. It was for the executives, the lawyers, the lobbyists and the other business associates at the multi-billion dollar multi-national corporations. Any musician who thinks these companies have their best interests in mind are deluded. It’s not entirely black and white — I’m sure there are plenty of employees who do good and mean well. But even the legends that deserve our respect, like David Geffen, eventually had their ethics compromised by commercial forces. A cursory glance at music industry history clearly demonstrates why gatekeepers between the artist and fan are a really, really bad idea from an ethics standpoint.

Musicians had no choice but to put up with it to get paid. This is no longer true.

That’s why I like option #2 — free access to and sharing of music. (Free as in freedom not free as in beer.)

Let’s contrast Domingo’s threat with Grooveshark SVP Paul Geller’s vision on where the music industry out to be headed:

“…I think that we have to be creative about how to get more money into this ecosystem, because I don’t think anyone sees those numbers [streaming payments] and is really inspired by them, I think people look at them and say ‘well this is a soft landing for the music industry,’ it’s ‘hopefully we don’t have to lay off too many people.’ And that’s why I think that Grooveshark is out there trying to be creative about how to infuse the industry with more money in ways that I don’t think are commonplace right now.” (from Digital Music News)

Grooveshark’s technology and innovation was neck and neck with all the other streaming music sites a few years ago, prior to having to dedicate an enormous chunk of their time and revenue to fighting legal battles with the majors. They recently rolled out some nice new features to compete with the Spotifies, but it’s clear they are living in a legal and fiscal nightmare. Their CEO Sam Tarantino admitted as much while doing an interview for Grooveshark’s new Broadcast feature. I can only surmise by statements like the one above that the people at Grooveshark truly believe they are fighting the good fight. And why shouldn’t they?

Grooveshark does pay artists, it’s just that they haven’t reached a licensing deal with the majors because as of yet they’re unwilling to bend over far enough. To Grooveshark, the majors are just trying to extort them and screw musicians anyway.

If you’re an independent artist or label, you can register your music with Grooveshark and they will pay you a share of their advertising and subscription revenue. These payments may be even smaller than what Spotify can offer, but Grooveshark is also much smaller, and draining their pockets just fighting to exist. Legally, they are in the right, because the DMCA allows for a safe harbor to exist for copyright-infringing, user-generated content, provided the company removes this content upon request and the platform has other significant uses beyond so-called “piracy” (really just unauthorized sharing of songs… does that sound so bad?)

Nobody knows right now if Grooveshark will give out and sign away their seemingly sinking ship to the majors, or if they’ll keep fighting the good fight until the courts deliver a predictably narrow, safe harbor-eroding decision. Law was never good at keeping pace with technology.

Toward a Two-Way Music Industry

The majors would like to continue collecting 88% of the market share for recorded music (and then pay a fraction of it to musicians because they signed exploitative contracts at low points in their career). How does consolidating wealth in media gatekeepers accomplish the IFPI’s mission of achieving “A digital world that rewards artists and creators”?

Stayin’ Alive

This fits into the larger context of corporations and governments trying to kill Internet freedom. Ask yourself, “Why wasn’t radio two-way? Why couldn’t the listeners also be the broadcasters? What about television?” At a glance this seems to be a technology and cost issue, but it’s not that simple. There are powerful commercial forces that ensure these technologies are developed in a way that maximizes profit for corporations, creators and consumers be damned. That’s why we have a long history of gatekeepers in all creative industries, not just in music.

The Internet changed all that with one simple feature — the consumer is now also the broadcaster. Large corporations have spent the last 15 years trying to litigate and legislate their way back to one-way media. Discouragingly, they continue to make gains every day.

This is why I believe Grooveshark may be the more ethical approach on balance. Spotify may talk a good game on paying artists. They may be expanding the pie we take our little piece of. And we can’t rush to conclusions that just because a single stream payment looks small today doesn’t mean it will add up in the long haul. Ultimately, any discussion of musician’s revenue share is taking place within the context of what their revenue share will be after the technology company takes their 30%, and then the label takes its majority share. Spotify and the IFPI are really only innovators in repressive legal maneuvers and artist exploitation. They’re profiting from a 15-year-old idea Napster first realized.

How can I say Spotify and the IFPI are exploiting artists when they’re trying to collect more money for them? Because it perpetuates the old model of exploitation on new technology. It’s repeating the same cycle of co-option that happened with the phonograph, with radio, with cassettes and with CDs. It’s a smokescreen to prevent you from thinking like an entrepreneur, from adapting to free access to music, from finding new opportunities to profit without the gatekeepers and stealing their market share. They desperately want to continue the same systematic exploitation and price-fixing that the record industry has been guilty of for the last 100+ years.

Grooveshark is more ethical because it rejects this corruption. They aren’t saints. They’re certainly pariahs. They haven’t figured out how to improve upon tiny streaming music payments, but they’re trying so hard they’re sacrificing their personal lives, their livelihoods, their reputations and quite possibly their sanity.

The vast majority of musicians will see no significant increase in revenue until the major labels lose their market monopoly, and their revenue share drops considerably. In this sense, Grooveshark is using loopholes in the DMCA to kick the IFPI in the nuts — pretty much its only defense against the obscene legal might of the industry elite.

As a musician, do you really think the IFPI or Spotify (if they can stay in business) are going to solve your revenue problem? Of course not. They’re looking out for #1: the record industry elite.

The solution for musicians is to start looking out for #1 too. That means building a culture of entrepreneurship. That means direct patronage from fans via crowdfunding and tipping. That means cutting out the gatekeeper and giving fans exclusive access to products that are still scarce. Selling access to music is no longer viable, and only by corrupting copyright do corporations make it so. The ethical foundation of copyright is sound, but it has been corrupted.

The greatest lie told by the IFPI is not that their mission is driven by musicians (they have musicians in mind, maybe, but certainly not a priority). The greatest lie told is that they are somehow going to bring musicians back to a world where they were fairly paid for their labor, where they are free to express their personhood without exploitation, where society can access and share music freely, and where more music of higher quality and greater diversity is listened to with greater frequency.

That world never existed. But it can today, with free access to music as the great equalizer.

The only way to fairly solve the musician revenue problem is for musicians to reject the century-old system of exploitation and fight to keep the Internet free so we can build a new culture and economy of direct fan patronage and musician entrepreneurship.

Until that happens, I’ll be rocking out to Placido Domingo on Grooveshark and waiting for the next Napster.

The Origin of Music: A Brief History of Song Sharing

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“We are the music while the music lasts.” – T.S. Eliot

In modern-day song sharing — what we think of as “music” — there are three participants: musicians, listeners and industry.

When music first originated, there was little if any separation between musician and listener. Certainly, there was no business of music upon which to build an industry. In prehistoric times, music was part of a holistic method of communication bundled with body movements and primitive utterances, which would respectively evolve to become body language and language proper.

Over time, however, the role of the music creator — once a role shared by all — became specialized. The musician was separated and exalted above the listening audience. And over the last few centuries, this relationship between artist and audience was rapidly commercialized, giving birth to the music industry.

Music — song sharing — happens between musician, listener and industry. It is through song sharing that music is born. Much like the observation of a quantum particle causes it to exist in a certain state, music only truly exists when it is shared. Music is not a thing, but an activity, something people do. One cannot possess music, one can only be possessed by it.

Song sharing is not just passing an MP3 across the Internet, though free access to digital music is unquestionably the latest major turning point in the history of song sharing.

Song sharing is any act that brings music into being. Composing, performing and recording are the ways musicians share songs. Listeners can distribute copies — such as MP3s shared online — but unless these copies were listened to, no song sharing really took place. The listener shares songs by playing them for other people, or getting others to listen. In a world where musical quality is judged in dollars and not sense, the listener’s role in music’s dissemination is grossly overlooked, though that is changing quickly.

For the last couple of centuries, the music industry has produced, distributed and marketed songs to be sold. They owe their existence to song sharing by musicians and listeners. As such, they have been cast in a gatekeeper role, mediating the relationship between musician and listener.

For the vast majority of music history, song sharing happened freely and naturally between musicians and listeners. The act of making and listening to music is hardwired into our brains, involving more cognition in a greater number of areas than any other activity. Music evolved over millennia without any mediation of industry, becoming the creative center around which cultures formed. Song sharing was, for most of its history, was the glue that bonded individuals together through shared expression, literally forming societies.

Four turning points in the history of song sharing forever transformed its nature. Not coincidentally, each turning point marked a major milestone in the formation of the music industry.

Each of these turning points centered (naturally) around one of the three ways musicians share songs with listeners.

Composition is the DNA of song — instructions for its formation. Performance brings song to life, the performance was the act of song sharing until the recording was invented a little over a century ago — a blip in the epic history of music. Before then, composition and performance were essentially inseparable. Music was an oral tradition, and songs were passed down in this tribal, cave-person folk tradition: sacred copies that nonetheless changed ever so slightly as they were reproduced throughout the ages, mimicking the process of human evolution. The music was not made by musicians but rather by cultures, and as such, there were no composers or performers, only traditions of sharing songs.

The role of musician became more specialized as the technology of music evolved. The voice is an instrument we all possess, and there are many things in nature, including our own bodies, which serve as readymade percussion instruments. The sounds of nature and the movements of our own bodies inspired and possessed us to create the first music. But as instruments became more sophisticated, the role of musician began to be more distinguishable against the listening audience. This was the origin of the composition and the performance as separate from a cultural tradition. The role of song sharing in the civilizations of antiquity was a sacred, spiritual one, and seen as the domain of the gods themselves.

The first major turning point in the history of song sharing has to do with Pythagoras’s discovery of the mathematics of music. Though his teachings were to be lost or ignored for many centuries, the revelations of Pythagoras eventually enabled music theory to develop, ushering in a new wave of musical technology to honor what early civilizations saw as the divine music of the cosmos.

Over the second millennia, we developed new instruments, new methods of composition and performance, new ways of notating and communicating musical ideas. These advances led to the final distinction of musician as separate from listener, and of composition as separate from performance. Thus song sharing came to be defined as a discrete activity, exchange and relationship between musician and audience.

The Romantic period ushers in the second major turning point in the history of song sharing, this one having to do with performance. In the hegemonic Western world, performance morphed from folk tradition to the work of art of an individual genius. This had a profound impact on song sharing, bringing about the classical period of composition. It removed music from the domain of the gods and placed it squarely in the hands of humans. This transition began with financial support of the arts by aristocrats but ended with the audience as patron. This fundamental transformation for the first time created a thriving market for music performance, and this capital infusion drove the evolution of music technology and theory to even greater heights.

With composition and performance clearly defined and ascendant in profitability, the third and perhaps most transformational turning point in the history of song sharing is the invention of recorded music. At the turn of the 20th century, the phonograph quickly ushered in an exponential increase in the market for compositions. At the same time, performance began to take on a completely different role, being more of a means to the end of recording or marketing recordings than valued for the music itself. New broadcast technologies and recording/playback electronics fanned the flames.In what had now become a familiar cycle, music technology and industry advanced hand-in-hand on exponential scales, forever altering the culture of music and the roles of musician and listener. How quickly we forgot that prior to recordings, performance was the only way to hear music.

Toward the end of the 20th century, an imbalance in the relationship between musician, listener and industry started becoming apparent. As the market for music grew, the music laws and technologies governing the market for music were increasingly co-opted by large corporations, causing a net negative effect on culture. Both as a counter-reaction to this corporate hegemony/homogeny — and as a consequence of complacency and nearsightedness of the the record industry elite — song sharing technologies were re-appropriated by listeners en masse as they sought an equilibrium between culture and commerce. The industry responded by doubling down on restrictive laws and technologies of control, casting its customers as thieves, which brings us to something of a modern-day impasse in the evolution of song sharing.

The history of song sharing can put into in perspective some very important questions about the origin, meaning and purpose of music. These vital issues are all too ignored in our modern-day appraisal of music as entertainment product, of musician as celebrity, of profit as purpose. This perception is itself a product of the music industry, and as the market for music came to dominate our culture, we lost sight of the true meaning, power and purpose of music.

The true purpose of music is to bond humans together in shared emotional, physical and spiritual experience. As such, music has the power to make us better people, improve our relationships, and make our society better. It has the power to help us connect with and heal our bodies. It empowers us through creativity and enriches us through a deep understanding of the human condition.

All these powers of music that we lost sight of are returning, thanks to the fourth turning point in the history of song sharing — free access to music. This is not the death of the music industry, but rather a long overdue re-balancing of the relationship between musician, listener and industry. Though the industry fights this change with all its legal and financial might, the ancient power of song sharing between musician and listener, amplified by digital technology, is too great to suppress any longer.

Today, listeners are the new patrons of music — neither mass audiences via industry gatekeepers nor aristocrats have the power alone to sustain modern music culture. The separation between musician and listener is disappearing as technology democratizes composition, performance and recording. Music’s fans become DJs, remixers and mashup artists — musicians in their own right. The gatekeepers are a disappearing vestigial tail that had largely evolved simply to grab hold of money — the deep-seated and long-evolved power of song sharing transcends the market to speak to the soul. We are rediscovering music’s incredible power to heal and to change ourselves and society for the better, rather than pigeonholing the most divine human expression to mere sonic product.

As an epilogue, a fifth and final turning point in song sharing is on the horizon, again driven by the exponential progress of technology. In many ways this turning point marks a return to the original, prehistoric role of music as a central component in a holistic expression which allowed us to survive in a challenging landscape, joining us together in the tribes that would become the first societies. The lines are blurring between musician, listener and industry; between composition, performance and recording; between culture and commerce; between technology and law.

Our modern-day music universe sets the tone for this final and total technological transformation of music that will take song sharing beyond the audible and directly into the brain. The cutting edge of neuroscience and music theory points the way to a culture is based on computation. Perhaps then we will return to the reality of music as the sacred essence of all things, the song that we play by living. Life is a song we are sharing, and song sharing is the way in which we harmonize with ourselves, with others, and with the Universe at large.

Why Our Band Uses Creative Commons Licenses (Video)

Copyright is good at protecting creative work… too good. Traditional copyright prevents people from sharing and remixing your work. But with a Creative Commons license, your fans are free to copy, share, distribute, remix or build upon your music or other creative work. It has safeguards built in to prevent others from failing to attribute you, or from commercially exploiting your work without your permission.

The Steady Decline of the Professional Musician

The professional music career is in decline.

We could start with the RIAA’s debunked statistics painting a worst-case scenario, but that only tells one side of the story.

I’d rather look at Google, the “do no evil” company and thorn in the side of the few corporations that control the majority of the US music industry.

Search terms can’t be gamed and framed the way U.S. Bureau of Labor data can… Google Trends searches are like Shakira’s hips, they don’t lie. Let’s take a look at some common terms associated with aspiring music professionals:

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The search volume for music career, learn music, music business, songwriting and music sales are all noticeably down since about a decade ago. Seeing these and other terms on a downward trend paints a clear picture of a future with less professional musicians.

Who’s to blame? Depends on who pays your bills. If you’re an old school music business person, you probably blame the content-devaluing “information wants to be free” tech sector. If you’re a new school musician, you probably have a chip on your shoulder dug deep by the exploitative, self-destructing record business which is ineptly responsible for the scorched earth you have to Mad Max a music career on these days.

Before we seek blame or solutions, let’s pause for a moment to consider what this means. Back to Google Trends. What about search terms concerned with more modern, everyday music practices?

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Search volume for how to remix, mashup, garageband, how to record and how to make music are on their way up. There are more “musicians”, but less of them qualify for the “professional” distinction. You might call it the “amateurization” of music. More musicians, less music careers.

This is fun, let’s take another look at the “old way” of doing things:

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Yup, interest is flagging in music publishing, music job, artist management, music copyright and music law.

So there must be a huge explosion of amateur musicianship, huh?

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Hmmm… less people seem to want to go the traditional route of learning guitar and song composition through formal experience in training. This would seem to jive with less musicians going pro. Also jives with all the time those damn kids play video games on their mobile phones.  They probably have a much more direct relationship to music creators, right?

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Wow, crowd funding is exploding in popularity — there are clearly less careers these days built on exploitation and more facilitated through patronage. And lots of people seem to be picking up the habits of aspiring music professionals (Facebook pages, merch, albums). Perhaps we’re just in a slump, and there’s a digital music baby boom waiting to happen?

Of ourse, the situation is not as simple as I paint it here with the Google Trends graphs. For one, Google search terms are very broad in both scope and depth. If Kickstarter had an IPO, that might spike traffic, despite no correlating spike in user activity. Second, statistics can tell almost any story you want them to if you know how to frame them.

I’m not here to spew propaganda. I’m here to form solutions. Can this trend be turned around? Should we even care?

On the one hand, I believe we need more of a culture of entrepreneurship among musicians. The art/business divide is increasingly one of unsustainable, apathetic detachment from reality. It’s a cultural anachronism from a time when creative work found its utility in exploitation. Put simply, we musicians could use a little entrepreneurship with our sex, drugs and rock and roll. Everyone is creative nowadays — in a sense, creativity is getting more competitive. Those with the entrepreneurial skills have more and more opportunities for exposure than those skilled only in composition, performance or recording.

On the other hand, the music industry is growing, and while huge challenges remain (largely around copyright issues), it doesn’t seem as if the music market is in a downward trend. In fact, more people are listening to more music than ever before.

I think what’s happening is clear — we’re witnessing the dawn of a new creative class and a new type of creator-consumer.

We should continue to strive to figure out ways the old guard won’t lose all the value they invested in the music world these past few decades. But royalties — so-called “mailbox money” — are like a musician Social Security system, and just as unsustainable. Old rights owners (or their heirs) who no longer create anything are bogeying the music economy pie, leaving only tiny slices left for emerging, independent artists. This is why Spotify royalties are so low. I bet they love artists and would love to pay them, after all, they’re Swedish.

The purpose of copyright is to promote the production of creative works — how is that accomplished by giving the George Gershwin Estate millions of dollars? It may be a radical concept, but I think we need to divert some of this money into funding programs for the next generation of musicians. And we clearly need shorter copyright terms.

In any case, let’s push toward patronage and leverage the creative value in all of us to protect the independent class of musicians that represent our future. We may very well live in a world with more musicians and less professionals for a long time. But that doesn’t mean music is any better or worse off. Music is always awesome no matter how much we screw up the business side.

What is happening now is a redefinition of what a musician is (which is good because none of us can agree on a definition at the moment). We’re figuring out new ways (or rediscovering pre-phonograph ways) of doing business.

But as most fans and musicians would tell you, “Who cares about definitions and business models — turn up the music!”

Copyright Reform Necessary to Protect the Consumer-Creator

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Free song sharing is this generation’s VCR.

Twenty years from now everyone in the music industry will look back at the plummeting price of access to recordings and shake our heads much the same way the movie industry looks back at its attempts to outlaw the VCR. How could anyone rationally think otherwise? And yet the entertainment industry has been chipping away at the legal underpinnings of fair use established by the US Supreme Court just under 30 years ago.

In Sony Corp. of America v. Universal City Studios, Inc. — otherwise known as the “Betamax case” — the Court narrowly ruled in favor of the greater good.

Justices Marshall, Powell, and Rehnquist joined Blackmun in dissenting, completely ignoring welfare-based theories of copyright. These justices were siding with the MPAA’s view that any leeway given to copyright infringement, even personal copying for private use, undermined the whole system of copyright.

It’s not that they were wrong in their assessment. VCRs did undermine copyright in the sense that fair use enabled people to make tens of millions of copies of copyrighted material. But nothing happens in a vacuum. Consumers were so busy “undermining” the copyright, they developed a voracious appetite for films and TV shows, and the movie and television industries positively exploded.

The same thing is happening in so-called music piracy, it’s just happening incredibly slowly because the music industry is still for the most part fighting free access to music.

Certainly, creators need to be compensated for their labor. Copyright exists to provide this incentive to work, ensuring creative works get made. It also exists to protect our personhood — our identity as defined by our creative expressions. Copyright should prevent our labor from being unjustly exploited, and our identity from being stolen.

For many, this is where copyright ends because they are only thinking about themselves (it’s something of an American pastime.) They ought to stop and think for a moment, because there are an estimated 315,613,999 other folks in this country alone who deserve consideration.

Copyright is not just about protecting your individual right (or, more commonly, a corporation’s right) to profit from or be fairly represented in the exploitation of their works. It’s about the greater good, a concept that trumps any individual concern. We tend to overvalue our own creative endeavors because the labor and personhood considerations of creativity distort our perception. Our value is high because we worked hard and infused our work with something of personal essence.

But while the price of creative work may be set by individual, society at large will ultimately judge its value. This is why record labels have to fix prices — to override the more reasonable value judgement of consumers by exploiting their control over music access. In a truly free market, the value of music remains high and climbs even higher while the value of access to music approaches utility levels (think Spotify) if not zero. The music industry is fighting the devaluing of access to music rather than the music itself. On the contrary, there is now more music being produced per year than ever before — more bad music to be sure, but much more good as well.

Copyright is supposed to ensure the needs of the greater good are met by stimulating individuals to contribute to that greater good. We recognize that having a market in which one’s creative works have value is a strong driver of individual contributions. But we must also recognize the purpose of copyright is to “promote the Progress” of the public and culture as a whole. In the case of labor and personhood, copyright is the art of balancing the individual need for monopoly protection with the public need to access creative works.

We need to stop looking at this like one creator is producing work for 315,613,999 consumers. It’s the 21st century. One creator is producing work for 315,613,999 other creators.

This culture in which everyone participates as both consumer and creator was still a ways off back in 1984 when the Betamax case was decided. Interestingly, dissenting Justice Blackmun unwittingly predicted a future in which the line between creator and consumer would not be so clear:

“Fair use may be found when a work is used ‘for purposes such as criticism, comment, news reporting, teaching… scholarship, or research.’ …other examples may be found in the case law. Each of these uses, however, reflects a common theme: each is a productive use, resulting in some added benefit to the public beyond that produced by the first author’s work…”

In particular, this quote reminds me of the concept of “semiotic democracy“, a phrase first coined by John Fiske in 1987. In studying television culture, Fiske observed that “rather than being passive couch potatoes that absorbed information in an unmediated way, viewers actually gave their own meanings to the shows they watched that often differed substantially from the meaning intended by the show’s producer.”

This concept finds its legal context in addressing the growing creative, participatory role in culture that consumers are beginning to enjoy. In other words, we must start treating every consumer as a potential creator. This is not to say we need to mandate everyone make a cultural contribution, but only that we need to respect use and sharing of creative works as a potentially creative act, and one that cannot be reduced to mere product consumption because that was the intent of the producer.

Again, the market assigns value and meaning to creative works independent of intent. Increasingly, a big part of that value is in source material or inspiration for a new creative act.

Most of us in the 80s (those of us who were around, anyway) didn’t use our VCR creatively. I knew I was the exception when I sat in front of the TV recording little snippets of commercials and shows until I had an avant-garde remix of bizarrely juxtaposed images. Without YouTube, I had no distribution network (and few friends at the time) and did this purely for personal enjoyment.

I might not have seemed so out of place in today’s culture. Some of the most popular videos on YouTube are remixes of existing clips (much more entertaining than my VCR art). Dubstep and mashups have turned unlicensed sampling into the music of a generation. Even consumption is collaborative, with fans forming their opinions collectively through social networks. Welcome to the world of the consumer-creator.

It’s really not such a long way from creating our own meanings for TV shows in our heads to producing an expression of those unique meanings. We’ve been doing the former since the days of the VCR and earlier, but only recently have the means for creativity grown ubiquitous.

What does a world in which everyone’s a creator mean for copyright? It should mean reform.

We can’t do away with financial incentives to stimulate creative labor, but we have to reassess if a virtually perpetual market monopoly is bringing a chainsaw to a knife fight. There is much about current copyright term length and a narrowing definition of fair use that works against a culture of creativity. We need to allow consumer-creators to freely remix our individual works into new works if culture is to progress. (Creative Commons leads the charge in this arena, and you can find dozens of books promoting the idea of making fair use fairer.)

We should continue to protect the author’s personhood and the “essence” they contribute to their works. But we’re overdue to reconsider the roles of attribution and identity in a culture that is transcending our psychological hang-ups around copying as the core of creativity. (Marcus Boon’s In Praise of Copying is a great start.)

Finally, and most importantly, we need to push back against laws that clearly favor neither the individual nor the greater good. Lobbying and litigation have become the tools used by entertainment industry elite to stifle this new culture of the consumer-creator. Often passed of as acts to protect creativity, the industry is really only interested in driving consumption. Corporations like to keep creativity at an easily co-opted and exploited level.

If we can keep the corporations in check, one day, passive consumption will be taboo and participatory creation status quo. It’s what’s already going on in our heads. To keep culture locked up just so large corporations can profit (be they record labels or tech companies) is the opposite of copyright’s charter to promote progress. As the creator-to-consumer ratio changes, so too must the law.