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Music industry spins falsehood
Posted by Bill Evans on October 23, 2002 at 8:14 AM   (printer friendly)

By Janis Ian
The recording industry says downloading music from the Internet is ruining our business, destroying sales and costing artists such as me money.

Costing me money?

I don't pretend to be an expert on intellectual property law, but I do know one thing: If a record executive says he will make me more money, I'd immediately protect my wallet.

Still, the Recording Industry Association of America (RIAA) is now in federal court trying to gain new powers to personally target Internet users in lawsuits for trading music files online. In a motion filed with the U.S. District Court for the District of Columbia, the RIAA is demanding that an Internet service provider, Verizon, turn over the name and contact information of one of its Internet subscribers who, the RIAA claims, might have unauthorized copies of songs on a home computer.

Attacking your own customers because they want to learn more about your products is a bizarre business strategy, one the music industry cannot afford to continue. Yet the RIAA effectively destroyed Napster on such grounds, and now it is using the same crazy logic to take on Internet service providers and even privacy rights.

The RIAA's claim that the industry and artists are hurt by free downloading is nonsense. Consider my experience: I'm a recording artist who has sold multiple platinum records since the 1960s. My site, janisian.com, began offering free downloads in July. About a thousand people per day have downloaded my music, most of them people who had never heard of me and never bought my CDs.

Welcome to 'Acousticville'
On the first day I posted downloadable music, my merchandise sales tripled, and they have stayed that way ever since. I'm not about to become a zillionaire as a result, but I am making more money. At a time when radio playlists are tighter and any kind of exposure is hard to come by, 365,000 copies of my work now will be heard. Even if only 3% of those people come to concerts or buy my CDs, I've gained about 10,000 new fans this year.

That's how artists become successful: exposure. Without exposure, no one comes to shows, and no one buys CDs. After 37 years as a recording artist, when people write to tell me that they came to my concert because they downloaded a song and got curious, I am thrilled.

Who's really hurt by free downloads? The executives at major labels who twiddled their thumbs for years while company after company begged them to set up ''micropayment'' protocols and to license material for Internet-download sales.

Listen up
Many artists now benefit greatly from the free-download systems the RIAA seeks to destroy. These musicians, especially those without a major-label contract, can reach millions of new listeners with a downloadable song, enticing music fans to buy a CD or come to a concert of an artist they would have otherwise missed.

The RIAA and the entrenched music industry argue that free downloads are threats. The music industry had exactly the same response to the advent of reel-to-reel home tape recorders, cassettes, DATs, minidiscs, VCRs, music videos, MTV and a host of other products and services.

I am not advocating indiscriminate downloading without the artist's permission. Copyright protection is vital. But I do object to the industry spin that it is doing all this to protect artists. It is not protecting us; it is protecting itself.

I hope the court rejects the efforts of the music industry to assault the Internet and the music fans who use it. Speaking as an artist, I want us to work together -- industry leaders, musicians, songwriters and consumers -- to make technology work for all of us.


User Comments (These do not necessarily reflect the beliefs of this site)

TheGreatPoo  
Date: October 23, 2002 @ 8:55 AM
AMEN!!!

mcarp555  
Date: October 23, 2002 @ 8:56 AM
"Copyright protection is vital". The birth pangs of a new paradigm are always painful, at least to some. We now have to find that thin line between allowing artists to reach around companies that block access to the public, and protecting their work from exploitation without due compensation.

I see a lot of talk on DMusic about copyrights; I still maintain most of the talk is a smokescreen to cover up the fact that some (many?) people just want free music, and screw anyone else. Be that the RIAA, the labels, or the artist. They claim to be for musicians, but how does excessive downloading & file sharing put money in an artist's pocket? Mind, you, I said "excessive"; If you listen to one or two songs, then buy the CD, great. But what about the kid who downloads the entire CD? Then shares it with his buddies? At least in the old days, SOMEONE usually had to buy the lp. Who's rights are more important then?

The genie is out of the bottle, and there's lots of pushing in one direction only - the mistaken belief that "I deserve". Such as "I deserve not to pay for entertainment". What about "I deserve to be paid for entertaining you"? Copyright is not a dirty word. Once again our technology has outpaced our intelligence.

I don't know the answer, but I do know that in the mad rush to make music free, we need to stop and consider if that's the road we want to be on. We don't seem to have a problem paying for most things we want in life (no one's demanding free cars). Why is music any different? Just because we can? What would you steal if you knew you'd never get caught?

scottjw  
Date: October 23, 2002 @ 10:24 AM
Mcarp, copyright is a good thing, fundamentally. The problem with it is how it has been extended over and over again, so we ALWAYS have to pay for music, even if the artist is dead or no longer publishing his/her works. Copyright should only be for a small amount of time (a few years, arguably) in order to compensate the artist for their work. Copyright should not extend for too long because then the artist is allowed to become lazy, which is all good and fine, but they should not be allowed to profit off of sitting on their ass all day because they wrote one hit song 20 years ago.

thumbtack  
Date: October 23, 2002 @ 11:10 AM
One artist on the Pho list used Napster to promote her music, and sold over 10,000 cds because of it. She also wrote a book called Music Horror Stories : A Collection of Gruesome True Tails. She had great success with filesharing programs. We have it listed at artists.dmusic.com/books/

Here is an intersting story. Between Natalie Brown's music on DMusic, her website and several others I was able to download 8 of the 13 tracks from her cd. I bought two CDs from her. I gave one to some friends who I knew would like it. They are planning on giving several cds friends and family from England for Christmas, because they know they will like it. So Natalie is going to end up selling probably another 4 or 5 cds because she offered downloads. Otherwise I never would have heard of her before. And neither would have the people in England who are going to get a nice surpise for Christmas.

The other thing that has seemed to escape so many people's conciousness is that downloads are different than a cd. People want physical goods. Sure there are the extremists who want all music all the time free,
and there are those who think that everything should be locked up and only made available when its paid for. Copyright was a bargain. We give you a limited term monopoly and in exchange you make it available. Currently 80% of the music ever recorded is not available. Why? Because the copyright holders are abusing the power that was given them.

Under older copyright law the term was limited, and you had to renew to get the full term which was the same term again. If not it fell into the public domain. Under current copyright law its copyrighted the moment you write it and it remains in effect for life plus 75 years. How does that benefit you and give you an incentive to create? It doesn't. When its locked away and not made available for sale, NO ONE benefits. Not the artists, not the songwriters, not the public, not the retailers. All it does is to serve to create an artificial market in which the major labels band d'jour is the only thing available. That was not part of the copyright bargain and benefits NO ONE!

W-B  
Date: October 23, 2002 @ 12:39 PM
Again . . . sounds almost like Communist China to me, not to mention other closed, repressive societies. The same elitist attitude of "everything should be concentrated solely in the hands of a privileged few, and the average person has no rights whatsoever." Much along the lines of those Communist regimes in question, the alphabet soup lobbies for the multinational entertainment-media complex only care about: a) themselves, b) money, and c) maintaining absolute power over everything and everyone -- first, second, and third, respectively. (And keep Lord Acton's "absolute power corrupts absolutely" dictum in mind.) And the artist and consumer last, dead last, lower than dead last -- you get the picture. Like other way-out-of-touch elitists, the alphabet-soup lobbies absolutely refuse to get the message about not only consumers' dissatisfaction with their scorched-earth tactics, but also with their coarsening of pop culture for the sole sake of fatter profits, further driving away even more potential customers (films like "Jacka**," pseudo-"artists" ranging from Britney Spears to Eminem, and so on). The attitude of the RIAA, MPAA and the conglomerates whose respective divisions comprise their membership, is no longer "give the customer what they want," it's more like "give them only what WE feel like giving them." Sounds like Soviet-style Communism to me. . . .

Like all Stalinists and Stalinist-wannabes, the alphabet-soup lobbies are against free enterprise and open competition and innovation, and for monopolistic power used in the most nefarious, fascistic fashion. All they can think about is ways to HURT the average consumer and the artist contracted to them, and to force our society into what amounts to techno-slavery, -serfdom and -bondage, via their agenda of cultural gentrification, disenfranchisement, disempowerment and dispossession.

In the majority of societies under the thumb of socialism and their derivatives, what are considered "rights" by our standards, are merely privileges subject to the whims of the oligarchies who rule with an iron hand over the masses in the most overbearing, condescending, patronizing, demeaning manner. Here, this is epitomized by the RIAA's unilateral gutting of "fair use" and mass violations of privacy (their war vs. Verizon), their efforts to extend copyright lengths to the proverbial Biblical "thousand lifetimes" and accompanying attitude of "copyright has more rights than the individual," and working to drive this country more towards the status of a closed dictatorship via such position(s) and action(s).

jmweirick  
Date: October 23, 2002 @ 3:12 PM
good article

Spica  
Date: October 23, 2002 @ 4:23 PM
'the mistaken belief that "I deserve". Such as "I deserve not to pay for entertainment". '
-nothing "mistaken" about it. I deserve not to pay for entertainment. Why? Because I am infinitely more important to humanity than the labels.

'What about "I deserve to be paid for entertaining you?"'
-now THAT is a mistaken belief.

'Copyright is not a dirty word.'
-hmmm... actually it is now, yes.

'we need to stop and consider if that's the road we want to be on'
- oh yes, that is _definitely_ the road I want to be on.

'Why is music any different?"
-let's see... because it is not a CAR? Because it is just MUSIC and nothing more?

'What would you steal if you knew you'd never get caught?'
-hmm, I don't know; it depends on circumstances. But copying is not stealing anyways, so I do not see the relevance of this question.


and people, please stop comparing this issue to random political concepts; it is inappropriate.
I would even say, under Communism, you think the government would ever allow some moron to sell 10 million CD's for $20 dollars each? Hell no.
This is a purely Capitalist problem, and it needs to be dealt with as such; because people are starting to get confused what free market is all about.
This has nothing to do with repression; it is simply this:

The RIAA is stealing our money by brainwashing us into paying for music, and music is something they can produce virtually for free.
The labels are nothing but a bunch of robbers; they are purely parasitic; they only want more money for themselves without working for it.

The RIAA are THIEVES, and they need to be dealt with as such.

Fenderbenders  
Date: October 23, 2002 @ 5:18 PM
I strongly believe in copyright as an artist but the RIAA has, over the years, made copyright laws into THEIR favor and not the artists. A copyright should NOT last 75-95 years! that as I have already said is insane. 10-20 years for songs max. I share my songs on gnutella. why should we indie artists suffer because the RIAA wants the internet filesharing community shutdown? who are they? God?


tinysoft  
Date: October 23, 2002 @ 10:45 PM
Copyright is a good protection of the hard work of the artists and I believe it enforces the prosperity of the industry. However I don't agree the too long time for the protection. Working once shouldn't entitle a century long profits. and for the sharing network, I don't see any hurt to the artists themselves. Most of the CD are sold everywell and they should try to earn more by providing better service than download network but not trying to ban our favorite network.

Remye  
Date: October 24, 2002 @ 5:53 AM
mcarp: it's not about "... most of the talk is a smokescreen to cover up the fact that some (many?) people just want free music, and screw anyone else." as much as it is having ACCESS to music, among other things. Your statement falls right in with the RIAA position that "all p2p is piracy"!?!
I used to have a rule, I'd only buy a cd if I liked four tracks I heard on the radio. Well, I didn't buy many cds needless to say, but that's not the point.
I began to realise after starting to download that I was missing out on some GREAT music. It's about being able to listen to a bit of new music, and decided if I like it. It's about being able to learn that a band I DO like has a new album out, since some of the stuff I like isn't played on PopRadio. To stretch your car analogy a bit, would YOU buy a car that you'd only ever walked by on the road, but never been in or driven?
I have to agree, the artists should and need to be paid. Due to some new legislation, they ARE getting paid, tho not near what they deserve. I for one certainly do hope the rates get better, so the artists I like can continue to produce great work and (dare I say it??) keep ME happy for a few more years

ChillinBuzz  
Date: October 24, 2002 @ 12:21 PM
Copyrights for the life of the artist is good. Suppose the artist is only pulling in enough to keep the family in a home and (s)he dies. What happens to the family? I think they do deserve something although like all the areas in copyright this is a very grey one.

Still, then again what was life insurance for?

thumbtack  
Date: October 24, 2002 @ 12:47 PM
And wise investing as well Chillin...should my heirs get a finanical benefit from the work I do here today
after my death?

ChillinBuzz  
Date: October 24, 2002 @ 2:07 PM
If DMusic employs you to pay, maybe a little sum :D. After all, if you were in a job and you snuffed it just before that golden handshake, would your family get it? To me, the family unit works as that, a family. Just because one goes out to do the money making doesn't mean that person is purely driven by the job, it's the family that drives them and they should see some reward. But giving them the copyright ownership totally for a ridiculous amount of time? No way. Look at the way Bob Marley's estate was handled. Mind you, if I have that many women on my arms....

ChillinBuzz  
Date: October 24, 2002 @ 2:07 PM
d'oh, got my words mixed up - if DM pays to employ you...

:D

thumbtack  
Date: October 24, 2002 @ 5:01 PM
Indie contractor

Remye  
Date: October 25, 2002 @ 7:47 AM
I'll say it again. Lifetime copyright (indefinite HAH!) sucks!!!! Why should the great great grandchillins *smirk* of someone still keep rights and get money from a 101 year old drawing of a rat?
As for the job thing? don't get me started! Job? Look at the 911 victims! The families are suing because they feel that someone who had a spouse making a million a year in while living is "entitled" to more "settlement" than the spouse/family of someone who only made about 30K a year. That's pretty much the same thing you said about if someone is barely getting by and he dies etc... I think it shouldn't fall on the future masses to pay someones FAMILY if (s)he can't use his/her money wisely. *rant rant rant* Don't use copyright as an argument for perpetual financial security.. trust me, that will bite you in the ass.

Fenderbenders  
Date: October 25, 2002 @ 11:28 PM
If the RIAA owns the copyright for 75-95 years who the hell is getting the money lets say of a popular song from the 40's and 50's? the artists family or the label that the artist had the contract with? did that artist sign away all rights to the label? There are more dead and broke artists that I care to mentiopn that don't see a dime from their hard work. 95 years to life is in the RIAA favor NOT the artists.


Fenderbenders  
Date: October 25, 2002 @ 11:35 PM
think of it like this: what if that artist has no family? what if he died before his time? who owns that copyright for 75-95 years? him or his record label? you will not live to be 95. most of us don't. so, what happens to an artist who dies at the age of 60? and the copyright on his one hit wonder belongs to Sony and that copyright lasts lets say 75 years? so, who do you think profits from that 'one hit wonder' long after he/she is dead??? especially if that artist has no other living family members?





Fenderbenders  
Date: October 25, 2002 @ 11:40 PM
The labels live one no matter who runs them but you will be long gone dead in your grave and they'd still be collecting profit on your songs long afterwords :D just had to add that part in.