A teen’s comments on the future of the music biz

November 21, 2009 by corberlaw

Why the Music Industry is Going to Die

Recs

November 20, 2009 – Comments (2)

Gentlemen,

As I sit here typing, a phenomenon you may or may not be aware of is occuring in electronic media. Contrary to what you may of have heard, or what some people have said, this phenomenon is not going to go away, and in fact, will be the defining characteristic of the new era in the technological world.

I am talking about illegal downloading.

In the past 10 or so years, the spread of file sharing programs has rendered the conventional business model for selling music and software programs obsolete. Some of these programs you may of heard of, programs and websites like Bearshare, Ares, Frostwire, Limewire, Bittorrent, Pirate Bay, Isohunt, and others are now the dominant way for the acquistion of both music and software. 

At this point, 95% of music is downloaded online without paying. The CD is dead. Online music stores like iTunes and Rhapsody are hardly hanging on to a sliver of the music market, and everyday others leave for aforementioned programs. The music industry doesn’t want you to know this. They have spent a fortune trying to sway public opinion that this trend is only temporary, and that with the proper government regulation and a healthy public awareness campaign, they can end this problem.

OoohHH, how wrong they are.

No one in my high school, and hardly anyone below 25 pays for music anymore. There is actually a huge negative stigma on those that purchase music. You’re seen as “paying the man” for something you can and should get for free. The public ad campaign launched by the RIAA is absoulouty laughable. They are never going to be able to stop it.

The arguements that the RIAA makes against downloading are laughed down by anyone even mildly familiar with downloading.

 

1. Downloading music will give you viruses.

Response: A decent firewall or anti virus program will keep you clean, and you should only download music that is “at the top of the list”. Many viruses, trojans, and malware are planted by RIAA agents to discredit download sources, and this only stirs up anger towards them.

 

2. Downloading hurts artists.

Response: Large artists with high volume songs are hurt the most, but music downloading helps smaller bands by increasing their exposure. It’s hard for people to feel guilty about this when they know only a few cents on every download goes to the artist.

 

3. It’s stealing and uncool to download.

Response: With a product that can by duplicated for no cost, it’s no wonder that people will take it for free. Coolness is and always will be fighting against the man, and thumbing your nose at big companies is something every kid loves to do.

 

The music industry is petrified about the future, with good reason to be. The future of music is going to be bands realeasing their music for free, and making their money on merchandise and touring. In other words, the middle man is cut out and the large music companies are left cold.

The newest trend is downloading software from the internet. This is an emerging problem that has the potential to hurt companies like EA and Blizzard. 

For anyone with holdings in companies that rely on conventional methods to produce and distribute software, music, and movies, please be aware that the future is going to be very perilous for your investment. Regardless of wheather it is right or wrong, a whole generation is growing up used to not paying for electronic media. The older customers are dieing out, and they will take the old music industry with them.

Broadcasters tell Congress why PRA is bad

November 21, 2009 by corberlaw

 

NAB Outlines Negative Impact of Performance Fee

WEBWIRE – Thursday, November 19, 2009

– Congressional opposition to RIAA-backed bill grows –

WASHINGTON, DC — Representatives from the National Association of Broadcasters met with members of Congress and representatives from the Recording Industry Association of America (RIAA) to reiterate the negative impact an additional performance fee would have on local radio stations and its 235 million weekly listeners.

NAB Joint Board Chairman Steve Newberry, president and CEO of Kentucky-based Commonwealth Broadcasting, and NAB Radio Board Chairman Charles Warfield, president and COO of ICBC Broadcast Holdings, along with representatives from the National Association of Black-owned Broadcasters and the Spanish Broadcasters Association attended the meeting. Rep. Mike Conaway (TX-11), an original co-sponsor of a countering resolution known as The Local Radio Freedom Act, also participated in today’s meeting.

Commenting on today’s meeting, NAB Executive Vice President Dennis Wharton issued the following statement:

“Out of deference to key members of Congress, NAB representatives met today with representatives of RIAA and the music industry to discuss pending performance tax legislation. NAB representatives, along with representatives of minority-owned radio stations, reiterated our strong concerns over the negative impact that the bill would have on the ability of free and local radio stations to continue serving our listeners”

Meanwhile Utah Democrat Jim Matheson (UT-2) became the 253rd member of House of Representatives to cosponsor the Local Radio Freedom Act, a bipartisan resolution that opposes “any new performance fee, tax, royalty, or other charge” on local radio stations for music aired free to listeners. To date a bipartisan group of 253 House lawmakers and 27 U.S. Senators have publicly expressed opposition to the RIAA-backed legislation.

The 253 House cosponsors of the Local Radio Freedom Act include:

Robert Aderholt (AL-4)
John Adler (NJ-3)
Rob Andrews (NJ-1)
Todd Akin (MO-2)
Rodney Alexander (LA-5)
Jason Altmire (PA-4)
Mike Arcuri (NY-24)
Steve Austria (OH-7)
Michele Bachmann (MN-6)
Spencer Bachus (AL-6)
Brian Baird (WA-3)
Gresham Barrett (SC-3)
John Barrow (GA-12)
Roscoe Bartlett (MD-6)
Melissa Bean (IL-8)
Shelley Berkley (NV-1)
Marion Berry (AR-1)
Judy Biggert (IL-13)
Brian Bilbray (CA-50)
Gus Bilirakis(FL-9)
Sanford Bishop (GA-2)
Roy Blunt (MO-7)
John Boccieri (OH-16)
Jo Bonner (AL-1)
John Boozman (AR-3)
Dan Boren (OK-2)
Leonard Boswell (IA-3)
Charles Boustany (LA-7)
Allen Boyd (FL-2)
Kevin Brady (TX-8)
Robert Brady (PA-1)
Bruce Braley (IA-1)
Bobby Bright (AL-2)
Paul Broun (GA-10)
Corrine Brown (FL-3)
Henry Brown (SC-1)
Ginny Brown-Waite (FL-5)
Vern Buchanan (FL-13)
Michael Burgess (TX-26)
Dan Burton (IN-5)
Steve Buyer (IN-4)
John Campbell (CA-48)
Shelly Moore Capito (WV-2)
Ken Calvert (CA-44)
Anh “Joseph” Cao (LA-2)
Mike Capuano (MA-8)
Dennis Cardoza (CA-18)
Russ Carnahan (MO-3)
Christopher Carney (PA-10)
Andre Carson (IN-7)
John Carter (TX-31)
Bill Cassidy (LA-6)
Michael Castle (DE-AL)
Ben Chandler (KY-6)
William Lacy Clay (MO-1)
Mike Coffman (CO-6)
Tom Cole (OK-4)
Mike Conaway (TX-11)
Jerry Costello (IL-12)
Joseph Courtney (CT-2)
Ander Crenshaw (FL-4)
Henry Cuellar (TX-28)
John Culberson (TX-7)
Elijah Cummings (MD-7)
Artur Davis (AL-7)
Danny Davis (IL-7)
Geoff Davis (KY-4)
Lincoln Davis (TN-4)
Charles Dent (PA-15)
Lincoln Diaz-Balart (FL-21)
Mario Diaz-Balart (FL-25)
Norm Dicks (WA-6)
Joe Donnelly (IN-2)
Steve Driehaus (OH-1)
John Duncan (TN-2)
Chet Edwards (TX-17)
Vernon Ehlers (MI-3)
Brad Ellsworth (IN-8)
Jo Ann Emerson (MO-8)
Bob Etheridge (NC-2)
Mary Fallin (OK-5)
Chaka Fattah (PA-2)
John Fleming (LA-4)
Jeff Fortenberry (NE-1)

Bill Foster (IL-14)
Virginia Foxx (NC-5)
Rodney Frelinghuysen (NJ-11)
Scott Garrett (NJ-5)
Elton Gallegly (CA-24)
Jim Gerlach (PA-6)
Phil Gingrey (GA-11)
Kay Granger (TX-12)
Sam Graves (MO-6)
Al Green (TX-9)
Gene Green (TX-29)
Parker Griffith (AL-5)
Brett Guthrie (KY-2)
Ralph Hall (TX-4)
Deborah Halvorson (IL-11)
Phil Hare (IL-17)
Gregg Harper (MS-3)
Alcee Hastings (FL-23)
Doc Hastings (WA-4)
Dean Heller (NV-2)
Wally Herger (CA-2)
Stephanie Herseth Sandlin (SD-AL)
Baron Hill (IN-9)
Ruben Hinojosa (TX-15)
Pete Hoekstra (MI-2)
Tim Holden (PA-17)
Duncan Hunter (CA-52)
Bob Inglis (SC-4)
Lynn Jenkins (KS-2)
Timothy Johnson (IL-15)
Walter Jones (NC-3)
Jim Jordan (OH-4)
Steve Kagen (WI-8)
Marcy Kaptur (OH-9)
Dale Kildee (MI-5)
Mary Jo Kilroy (OH-15)
Ron Kind (WI-3)
Jack Kingston (GA-1)
Mark Kirk (IL-10)
Ann Kirkpatrick (AZ-1)
Larry Kissell (NC-8)
John Kline (MN-2)
Frank Kratovil (MD-1)
Doug Lamborn (CO-5)
Leonard Lance (NJ-7)
Rick Larsen (WA-2)
Tom Latham (IA-4)
Steve LaTourette (OH-14)
Robert Latta (OH-5)
Jerry Lewis (CA-41)
John Lewis (GA-5)
John Linder (GA-7)
Chris Lee (NY-26)
Frank Lucas (OK-3)
Frank LoBiondo (NJ-2)
Dave Loebsack (IA-2)
Blaine Luetkemeyer (MO-9)
Ben Ray Lujan (NM-3)
Cynthia Lummis (WY-AL)
Daniel Lungren (CA-3)
Don Manzullo (IL-16)
Kenny Marchant (TX-24)
Betsy Markey (CO-4)
Jim Matheson (UT-2)
Carolyn McCarthy (NY-4)
Michael McCaul (TX-10)
Tom McClintock (CA-4)
Patrick McHenry (NC-10)
John McHugh (NY-23)
Mike McIntyre (NC-7)
Howard McKeon (CA-25)
Cathy McMorris Rogers (WA-5)
Kendrick Meek (FL-17)
Charlie Melancon (LA-3)
Michael Michaud (ME-2)
Brad Miller (NC-13)
Candice Miller (MI-10)
Gary Miller (CA-42)
Jeff Miller (FL-1)
Walt Minnick (ID-1)
Harry Mitchell (AZ-5)
Alan Mollohan (WV-1)
Dennis Moore (KS-3)
Jerry Moran (KS-1)
Sue Myrick (NC-9)

Randy Neugebauer (TX-19)
Devin Nunes (CA-21)
Glenn Nye (VA-2)
James Oberstar (MN-8)
Pete Olson (TX-22)
Solomon Ortiz (TX-27)
Frank Pallone (NJ-6)
Erik Paulson (MN-3)
Bill Pascrell (NJ-8)
Ron Paul (TX-14)
Mike Pence (IN-6)
Tom Perriello (VA-5)
Tom Petri (WI-6)
Pedro Pierluisi (PR-At Large)
Joe Pitts (PA-16)
Todd Platts (PA-19)
Ted Poe (TX-2)
Earl Pomeroy (ND-AL)
Bill Posey (FL-15)
David Price (NC-4)
Tom Price (GA-6)
Adam Putnam (FL-12)
George Radanovich (CA-19)
Nick Rahall (WV-3)
Charles Rangel (NY-15)
Dennis Rehberg (MT-AL)
Dave Reichert (WA-8)
Silvestre Reyes (TX-16)
Phil Roe (TN-1)
Harold Rogers (KY-5)
Mike Rogers (AL-3)
Mike Rogers (MI-8)
Dana Rohrabacher (CA-46)
Peter Roskam (IL-6)
Mike Ross (AR-4)
Ileana Ros-Lehtinen (FL-18)
Edward Royce (CA-40)
Dutch Ruppersberger (MD-2)
Bobby Rush (IL-1)
Paul Ryan (WI-1)
Tim Ryan (OH-17)
John Sarbanes (MD-3)
Steve Scalise (LA-1)
Jean Schmidt (OH-2)
Aaron Schock (IL-18)
Allyson Schwartz (PA-13)
David Scott (GA-13)
Pete Sessions (TX-32)
Joe Sestak (PA-7)
John Shimkus (IL-19)
Carol Shea-Porter (NH-1)
Heath Shuler (NC-11)
Bill Shuster (PA-9)
Mike Simpson (ID-2)
Albio Sires (NJ-13)
Ike Skelton (MO-4)
Adrian Smith (NE-3)
Christopher Smith (NJ-4)
Zack Space (OH-18)
Mark Souder (IN-3)
John Spratt (SC-5)
Cliff Stearns (FL-6)
Bart Stupak (MI-1)
John Sullivan (OK-1)
Harry Teague (NM-2)
Lee Terry (NE-2)
Mike Thompson (CA-1)
Glenn Thompson (PA-5)
“Mac” Thornberry (TX-13)
Todd Tiahrt (KS-4)
Pat Tiberi (OH-12)
Dina Titus (NV-3)
Mike Turner (OH-3)
Fred Upton (MI-6)
Peter Visclosky (IN-1)
Greg Walden (OR-2)
Timothy Walz (MN-1)
Lynn Westmoreland (GA-3)
Ed Whitfield (KY-1)
Charlie Wilson (OH-6)
Joe Wilson (SC-2)
Rob Wittman (VA-1)
Frank Wolf (VA-10)
Don Young (AK-At Large)

The Local Radio Freedom Act’s 27 Senate cosponsors are:

John Barrasso (WY)
Max Baucus (MT)
Jeff Bingaman (NM)
Christopher Bond (MO)
Sam Brownback (KS)
Richard Burr (NC)
Thad Cochran (MS)
Susan Collins (ME)
Mike Crapo (ID)

Michael Enzi (WY)
Judd Gregg (NH)
Kay Hagan (NC)
James Inhofe (OK)
Johnny Isakson (GA)
Mike Johanns (NE)
Tim Johnson (SD)
Mary Landrieu (LA)
Joseph Lieberman (CT)

Blanche Lincoln (AR)
Benjamin Nelson (NE)
Jim Risch (ID)
Pat Roberts (KS)
Olympia Snowe (ME)
Jon Tester (MT)
John Thune (SD)
David Vitter (LA)
Roger Wicker (MS)

Everyone’s a musician

November 4, 2009 by corberlaw

With all of the toys and toold tody, everyone can be a musician.  No talent is necessary–in fact, having talent is a nusiance.  All you have to do is let the progrm control, and just make it loud and nonsensical.  Voila, music!  It you write lyrics, they don’t have to rhyme or make sense.  If you cn’t thuink of a subjedt remember tht in rap, booty and muurder are always well received.  Oh, yeah, and sound angry.  That’s the ticket.  In the b.g., create a 1-2-3 music loop of bout 3-5 seconds and you’re done.

Then upload it to some music site and fame awaits you.

And with more and more of you doing the same, music will be cheper and cheper and no one will be able to make any money from it, so no one will be able to register a copyright and then music won’t be protcted and it’ll diappear.

Then we an get back to something good  BACH!

 

 

Brit’s PRS wants to sue singing employee

October 24, 2009 by corberlaw

I told you it was coming to this: 

Yet another example of irresponsible copyright enforcement rears its ugly head

From suing dead people, to attacking CD-burning of legally-owned content for personal use, to seeking damages against people who don’t own a computer, it doesn’t seem like there’s many lows to which copyright protection organizations like the RIAA won’t stoop.  However, a recent case involving the Performing Right Society (PRS) — a British RIAA affiliate — shows that even the most curmudgeonly copyright organization can occasionally come around, when faced with overwhelming public scorn.
The humorous tale involves the organization catching wind of a “heinous” offense — an employee singing in public.  Sandra Burt, 56, who works at A&T Food store (a British supermarket) in Clackmannanshire, UK was told by organization representatives that she would likely face fines for lost royalties for her “performance”. 

The debacle began earlier in the year when the PRS threatened the grocery store she worked at, telling them to ditch the radio that played in earshot of customers or pay royalty fees.  Missing the music, Ms. Burt decided to start singing some of her favorite tunes.  She describes, “I would start to sing to myself when I was stacking the shelves just to keep me happy because it was very quiet without the radio.”

Then came new threats from the PRS.  Ms. Burt describes, “When I heard that the PRS said I would be prosecuted for not having a performance license, I thought it was a joke and started laughing.  I was then told I could be fined thousands of pounds. But I couldn’t stop myself singing. They would need to put a plaster over my mouth to get me to stop, I can’t help it.”

Indeed, the woman, who describes herself as a Rolling Stones fan and classic rocker, refused to stop singing.  BBC News caught wind of the story and published a piece on it.

The reaction was instant, with many writing furious letters to the PRS.  Facing an overwhelming outpouring of public vehemence, the PRS backed down, as the RIAA occasionally has.  They sent her a bouquet of flowers as an apology and said she had their permission to keep singing.  The note read, “We’re very sorry we made a big mistake.  We hear you have a lovely singing voice and we wish you good luck.”

 

STOP THAT LISTENING AND HUMMING!

October 16, 2009 by corberlaw

IF YOUR EARS AREN’T LICENSED TO LISTEN TO MUSIC, YOU’D BETTER STOP IT.  ONLY LICENSED EARS MAY HEAR COMMERCIAL MUSIC.

IF YOU’VE BEEN HUMMING OR WHISTLING MUSIC, THEN YOU ARE IN VIOLATION OF ALL OF THE COPYRIGHTS IN THE WORKS YOU HUM AND WHISTLE.

BETTER STOP IT BEFORE THE RIAA, ASCAP, HARRY FOX, SOUND EXCHANGE, BMI, SESAC, SACEM, SGAE, GEMA, PRS, ETC.ETC.ETC. FIND OUT.  YOU ARE BEING TRACKED.  THIS IS BIG BROTHER!

an idea about copyrights and patents

October 11, 2009 by corberlaw

Art. 1, Section 8 of the U.S. Constitution provides in relevant part:

To promote the Progress of Science and useful Arts, by securing for limited
Times to Authors and Inventors the exclusive Right to their respective Writings
and Discoveries.

Limited time.   Give creators exclusive rights for a limited time.  In other words, give them a beneficial incentive to create and profit from their creation.  But only for a limited time.

THEN:  AFTER THAT LIMITED TIME:  THE AMERICAN PUBLIC, FOR WHOM THE U.S. CONTITUION WAS WRITTEN AND ENACTED:

We the People of the United States, in Order to form a more perfect Union,
establish Justice, insure domestic Tranquility, provide for the common
defence, promote the general Welfare, and secure the Blessings of Liberty to
ourselves and our Posterity, do ordain and establish this Constitution for the
United States of America.

THE PURPOSE OF GRANTING CREATORS RIGHTS FOR A SHORT TIME WAS SO THEY’D CREATE THINGS FROM WHICH THE AMERICAN PEOPLE COULD BENEFIT RIGHT AFTERWARDS AND FOREVER. 

BUT THE LIMITED TIME RIGHTS WERE GRANTED FOR USEFUL ARTS. 

Pathetic. hack and mediocre music is not useful as art or otherwise and ought not to be protected at al.

Progress should not diminish our royalties

October 11, 2009 by corberlaw

From Techdirt:

Music Publishers, Songwriters To Congress: Our Royalties Should Be Guaranteed, No Matter What The Market Says (Say That Again)

by Michael Masnick from the songs-from-luddites dept on Friday, October 9th, 2009 @ 8:50AM

In digging deeper into the request from music publishers and songwriters’ representatives after they started demanding performance royalties for the 30-second previews in iTunes, Greg Sandoval was able to get a copy of the letter that was sent to the Senate Judiciary Committee concerning copyright laws from the National Music Publishers Association, ASCAP, BMI and the Songwriters Guild. Reading the quotes is stunning, in that you could basically paraphrase them as saying “we are luddites — do not let technology change the way the world works.” Here’s one quote:

“Technology should not be used to strip rights from songwriters, composers and music publishers. The choice of certain audiovisual delivery systems or methods over others should not result in a diminution of creators’ rights or royalties.”

 

Read that one carefully. They are saying that as technology changes, and as the market changes, their royalties should never be allowed to drop. Notice that they’re not taking responsibility for adapting to a changing market. They’re not saying that they need to adjust and put in place smarter business models. No, they’re saying that Congress somehow needs to guarantee that no matter what happens in the market, their royalties remain the same.

What’s really revealing is that this quote highlights the fact that these representatives view their royalties as “rights” to be protected — not revenue to be earned.

No wonder they’re lashing out and doing all sorts of ridiculous stuff like trying to get extra royalties on embedded videos, ringtones and 30 second previews. These are the same groups that have publicly decided they need to try to start a PR campaign against people who are trying to protect user rights and fair use. Since that time, we’ve noticed various people associated with ASCAP and the Songwriters Guild putting up various blogs attacking copyright skeptics in the most ridiculous ways. There’s one, which isn’t worth pointing out, where a lawyer who works with these groups regularly mocks Larry Lessig, William Patry, Michael Geist and myself — using nicknames and making up fanciful stories about us. It’s the sort of activity you’d expect from a 12-year-old.

It looks like these groups simply feel entitled to having the government force everyone to hand over money. Songwriters who belong to these organizations are being led down a dangerous path. It seems like there’s room in the market for groups to represent songwriters’ interests without being anti-fan or anti-technology. Quite clearly, ASCAP, BMI, NMPA and the SGA do not fall into that category. Instead, they’re pretending that the world owes them money just for existing, and they’re going to lash out anyone who tries to suggest otherwise.

Zee French, zay are a funny race

October 11, 2009 by corberlaw

FROM TECHDIRT

Nicolas Sarkozy Caught Mass ‘Pirating’ DVDs; Time To Kick Him Off The Internet (Failures)

by Michael Masnick from the see-ya-later-nicky dept on Friday, October 9th, 2009 @ 5:40AM

Why is it always the adamant defenders of silly policies like kicking people off the internet for copyright infringement who are later found to be mass infringers themselves? French President Nicolas Sarkozy, of course, was the first major politician to support the concept of kicking people off the internet for copyright infringement (more commonly called a “three strikes” rule). He took credit for coming up with the idea originally nearly two years ago, and pushed very hard for the law — which eventually passed but was then tossed out as unconstitutional in France. Sarkozy still stood by it and helped bring back a revised version.

Of course, in the middle of all this, there was a bit of irony in that Sarkozy was caught using music without authorization in some online videos, for which he paid a €30,000 fine. Of course, it now appears that may have just been the tip of the iceberg. Boing Boing points us to the news that Sarkozy’s administration has been caught mass “pirating” DVDs of a documentary about Sarkozy. The publisher of the documentary only made 50 copies. Sarkozy’s “audiovisual services” group happened to make itself another 400 without permission — even replacing the name of the original publisher on the cover.

Once again, this should be a “teachable moment,” to point out to Sarkozy and other supporters of such plans to kick people off the internet that the issue isn’t quite so simple after all. When you’re on the other side, sometimes it seems perfectly natural to make a copy of something, without even realizing it’s potentially infringing. Unfortunately, why do I get the feeling that Sarkozy won’t change his stance one bit — or even recognize the irony of the situation?

the 3 most important websites

October 1, 2009 by corberlaw

How to succeed in the music biz without really trying (actually, do, or do not, there is no try)

October 1, 2009 by corberlaw

1.  Don’t suck

 

something that often gets lost in these discussions. The music still does need to be good. All of these business models are that much harder if the music isn’t any good and fans don’t like it. Playing good music is a definite first step.2.

2.  Get others to introduce you to their audience: This is another good point. I’ve been talking to some musicians lately, who were trying to understand how to best apply some of this stuff, and I often suggest looking for other, more well-known acts, that the band can work with to get some sort of endorsement, or “opening” slot on a tour (or even just a gig) as a way of reaching more fans. The Topspin post points out that some people assume that this is the real story behind the success of Fanfarlo, but the numbers don’t bear that out. It probably accounted for approximately 30% of the band’s sales. Not shabby, but hardly the only reason for the band’s success.

3.  Make those audiences an offer they can’t refuse: In this case, the band offered a download of their album, plus four bonus tracks for $1 for a limited time. Yes, all of the songs combined for a dollar — not each of them for a dollar apiece. While I normally support just giving away the music for free, I can see a reason to offer them all for a dollar in some situations. In this case, it gets more people to commit to the music and the band, but at a price that is much easier to deal with. I’m still not convinced that $1 is better than free, but it sure beats regular album prices. While this offer was for a limited time, after it was over, the band still offered the download cheaply ($6).

 

4.  Repeat: This is another important one. We keep hearing bands put in place business model promotions that are one time deals, rather than a fully thought-out continuous and ongoing business model. By repeating the process, not only can a band keep making money, but it lets them iterate and experiment, and find out what works (and what doesn’t.).