Hang 'em high
The advent of compact discs presents two important problems to consider:
(1) Lowered sound quality
(2) Digital signal
The first is a consumer's problem, and near to the heart of why I think the RIAA could best serve humanity by simply going away. When CDs were introduced to the market, many people complained that this was just the record industry's way of compelling people to buy an inferior product. True, there is less noise on CDs than on cassettes, but the reality is that, compared to vinyl, sound quality on CDs is poor. During that period, the industry made certain statements and promises. CDs were durable (false), had better sound quality (false), and (this is the kicker) would become cheaper over time. There was the comment that you could accidentally drop a CD in your driveway, and it would survive the rain overnight. Well ... okay, if it was a
very light rain. And if anyone remembers the advert a few years back with "the trucker and the black dude" for plastic shields to protect your CDs from the inevitable scratching, did anyone else notice that the guy put the shield on the
wrong side of the CD? The whole point is that as CDs get more expensive, the people are getting sick of broken promises. Add to that ongoing payola scandals, radio consolidation, and megamarketing schemes (funded by increased CD prices), all of which lends to active suppression of independent artists, and many people have absolutely had it. The recording industry has consistently conducted itself in bad faith, and hiding behind the argument about hurting artists is just another example of corporate sleaze. There are a couple of articles I post whenever I find myself in a discussion of music file sharing:
And also:
.... The band is now 1/4 of the way through its contract, has made the music industry more than 3 million dollars richer, but is in the hole $14,000 on royalties. The band members have each earned about 1/3 as much as they would working at a 7-11, but they got to ride in a tour bus for a month. (Albini)
• • •
Let's take it from my personal experience. My site (www.janisian.com ) gets an average of 75,000 hits a year. Not bad for someone whose last hit record was in 1975. When Napster was running full-tilt, we received about 100 hits a month from people who'd downloaded Society's Child or At Seventeen for free, then decided they wanted more information. Of those 100 people (and these are only the ones who let us know how they'd found the site), 15 bought CDs. Not huge sales, right? No record company is interested in 180 extra sales a year. But… that translates into $2700, which is a lot of money in my book. And that doesn't include the ones who bought the CDs in stores, or who came to my shows.
Or take author Mercedes Lackey, who occupies entire shelves in stores and libraries. As she said herself: "For the past ten years, my three "Arrows" books, which were published by DAW about 15 years ago, have been generating a nice, steady royalty check per pay-period each. A reasonable amount, for fifteen-year-old books. However... I just got the first half of my DAW royalties...And suddenly, out of nowhere, each Arrows book has paid me three times the normal amount!...And because those books have never been out of print, and have always been promoted along with the rest of the backlist, the only significant change during that pay-period was something that happened over at Baen, one of my other publishers. That was when I had my co-author Eric Flint put the first of my Baen books on the Baen Free Library site. Because I have significantly more books with DAW than with Baen, the increases showed up at DAW first.There's an increase in all of the books on that statement, actually, and what it looks like is what I'd expect to happen if a steady line of people who'd never read my stuff encountered it on the Free Library - a certain percentage of them liked it, and started to work through my backlist, beginning with the earliest books published.
"The really interesting thing is, of course, that these aren't Baen books, they're DAW---another publisher---so it's 'name loyalty' rather than 'brand loyalty.' I'll tell you what, I'm sold. Free works." (Ian, "Debacle")
• • •
When Disney are permitted to threaten suit against two clowns who dare to make mice out of three balloons and call them "Mickey" as part of their show, the people are not a part of it. When Senator Hollings accepts hundreds of thousands of dollars in campaign contributions from entertainment conglomerates, then pretends money has nothing to do with his stance on downloading as he calls his own constituents "thieves", the people are not involved. When Representatives Berman and Coble introduce a bill allowing film studios and record companies to "disable, block or otherwise impair" your computer if they merely suspect you of file-trading, by inserting viruses and worms into your hard drive, it is the people who are imperiled. And when the CEO of the RIAA commends this behavior as an "innovative approach to combating the serious problem of Internet piracy" [Hilary Rosen, in a statement quoted by Farhad Manjoo, Salon.com June 2002], rather than admitting that it signifies a giant corporate step into a wasteland even our government security agencies dare not enter unscathed, the people are not represented. (Ian, "Fallout")
• • •
And now, on to the fun stuff:
Emails received on this subject: 1,268 as of July 30, 2003 (does not include
message board posts)
Number of times the article has been translated into other languages: 9. (French,
German, Chinese, Japanese, Italian, Spanish, Portuguese, Russian, Yugoslavian.)
Times AOL shut my account down for spamming, because I was trying to answer 40-50 emails at a time quickly and efficiently: 2
Winner of the Put Your Money Where Your Mouth Is award: Me. We began putting up free downloads around a week after the article came out.
Change in merchandise sales after article posting (previous sales averaged over one year): Up 25%
Change in merchandise sales after beginning offering free downloads: Up 300%
Offers of server space to store downloads: 31
Offers to help me convert to Linux: 16
Offers to help convert our download files from MP3 to Ogg Vorbis: 9
Offers to publish a book expose of the music industry I should write: 5
Offers to publish a book expose of my life I should write: 3
Offers to ghost-write a book expose of my life I shouldn't write: 2
Offers of marriage: 1
Number of emails disagreeing with my position: 9
Number of people who reconsidered their disagreement after further discussion: 5
Interesting things about the emails: All but 3 were coherent. Of those, one only seemed to be incoherent, but was in fact written by someone who spoke no English, and used Babblefish.com as a translator. (Sample: "I love your articles and play your music
for my babies" became "I love babies and want to touch your articles.")
Silliest email: A disagreeing songwriter who said he was going to download all my songs, burn them to CD's, and give them away to all his friends. Thank you!
Biggest irony: I'm writing this on a Sony Vaio laptop that came with my first ever CD burner, and easy instructions on how to copy a CD or download a file. (Ian, "Fallout")
I would like people to think about three seemingly disparate concepts: the job market, entertainment award shows, and "evil communism".
Consider, first, Steve Albini's article, and perhaps riddle me this:
In what other job can you do everything your employer asks, perform above and beyond expectation, and owe your employer money for the privilege of having done so?
Think about it. You've made your employer millions, profited less than you would working at a convenience store, and owe your employer money in exchange for your labor.
Next, let's think about entertainment award shows. We can also invoke record charts, as well. But some entertainment award shows give awards for "Best ______". Others use a more appropriate terminology: "Favorite ______". Think about the idea, though, of "Best Female Vocalist". Think about the idea of "Best Record".
(Anecdotally: Nominees for the first-ever Grammy for "Hard Rock/Heavy Metal" included Soundgarden, Metallica, and Guns 'n' Roses; the award went to Jethro Tull. The chief effect among metal and rock fans, and across an entire generation of emerging young consumers? Disillusionment. Aqualung is a fine album in its own right, but come on ....)
Is the "best" really the best? Of course not. Generally speaking, it's either the most popular, or a combination of popularity and a subjective quality assessment that the award voters think they can justify. There were Grammys in the 1990s given for Best Song that went one year to Natalie Cole's heavily-engineered duet with her late father, and another to Michael Bolton's note-for-note cover of Otis Redding. Do any of us really believe there was nothing better going on those years?
And it's not just to complain about the Grammys or the charts specifically, but to suggest what those complaints represent. I remember rolling my eyes and groaning when I heard about a "new" Backstreet Boys album coming out (Millennium, I think). They actually spent money on television commercials for this album (paid for by CD purchases that have nothing to do with the Backstreet Boys). And weeks before the album (or the single) arrived, the adverts proclaimed the "new hit single".
It's not difficult to figure how the companies know which singles will be hits. They buy that status. NY Governor Eliot Spitzer took on the latest version of payola; while it might look good on his resume, it doesn't do much to help artists or consumers. Listening to commercial radio is, indeed, listening to a bunch of commercials on the radio. There are some jaw-dropping rock artists that your local rock radio station won't ever play, no matter how much you request it. Why? Because the station hasn't been paid to play the song.
And this is where the money goes. This is where your twenty dollars go. One of the reasons it was easy to trot Metallica out to complain about file-sharing was that Metallica had an unusual contract; they actually could lose money. But here's the flip-side. When touring St. Anger, the band faced questions about why they weren't playing more from the new album. Drummer Lars Ulrich actually opened his mouth and admitted that they didn't know the songs. The album had been stitched together from excerpts, an feat to be admired, I suppose, in terms of engineering. But the musical performance? My opinion is that if anyone actually wants that album, they ought to pirate it. (The funny thing is that when you're a standard of your industry, like Metallica, you generally don't play much from the latest album.)
I'm of the opinion that the RIAA is arguing in bad faith. The record companies themselves are operating in bad faith. That your favorite local band has never made it big does not necessarily suggest that they don't want to be big.
There is a reason the industry-standard contract is called a "slave" contract. Record companies could make a fortune just by letting their artists do what they will, and reaping the distribution profits, but for some reason consumers are expected to finance executive egomania in order to hear the music. And it's well enough to point out that this is the way things are, and that the downloaders ought to pay excessive and unusual penalties for stealing, but this is where the idea of "evil communism" comes in.
Of late, certain interests have taken to throwing principle out the window. I read a conservative article about the war, for instance, that invokes liberal rhetoric to support the Iraq War. The end result of that argument is that there is no compelling reason to intervene in genocide. Commercially, though, I invoke "evil communism" because some might remember, during the Cold War, when American Christians worked to smuggle Bibles into various Communist-bloc countries. It was horrible oppression, the Christians claimed. And yes, it was. But what difference does that make? The laws and rules governing the music industry allow it to abuse its employees, lie to its consumers, and perpetrate massive fraud. Should we look at those hurt by injustice and say it's their own fault for not participating in and supporting injustice?
What the hell is happening to us? If someone actually went and shot Hillary Rosen, for instance, I'm curious about how big the clemency petition would be. There would be thousands, maybe even millions of names. Skipping toward Gamorrah? Slouching toward Babylon? Whatever it takes. The investors say, "Go make us some money." And when you do, they say, "Now pay us for the privilege."
Maybe, just maybe, it isn't too much to ask that the industry clean itself up. And maybe, just maybe, it isn't too much to ask that fellow consumers shouldn't give aid and comfort to corruption.
Boycott? Sure. Steal the music? Fine. File-sharing has actually helped long-tail artists, and brought more fans out to concerts for independent band and thus increased their record sales, as well. I don't care if you take a few dollars away from Metallica, who can't even be bothered to record whole songs these days. The ultimate form of democracy is, essentially, cooperative anarchy. As a simple analogy, consider this website. We have rules around here, and your moderators occasionally enforce them. But something so simple as profanity? We've given over. The membership has insisted, for years, on using profane language. As far as I'm concerned, they've won. If people continue to push the issue with the record industry, something will eventually give. The RIAA cannot expect to keep winning victories for lies and corruption. If the massive "Fuck you!" represented by the scope of file-sharing doesn't get through, the market will eventually change tactics. Maybe the industry won't get it until label executives are being dragged out of their cars.
At some point, we the people, as a society, must make a choice. The only way, it seems, to avoid the inevitable outcome of that decision, is to convince the people that it is in their best interests to be deceived, taken advantage of, and outright abused. There's a lot more at stake than this or that file. There's a lot more at stake than this or that record company.