We are music lovers or we wouldn't do what we do. No one has to ask us if
music impacts our emotions, our moods and hopefully our livelihoods. Like so
many other industry folk, all we want is to get paid for doing what we love. But
I wonder, are you downloading music illegally?
There are ever-increasing numbers of the public who are clicking
illegally to get that aural fix and it's never been so easy to get it before.
Millions of households have downloaded and used countless free, music rip-off
tools. They are like viruses that the RIAA attempts to inoculate, only to find
out another offspring was born under a different name and group of techie
college kids. But are you the musician, performer or industry pro doing what I
equate to stealing a candy bar from the convenience store? OK, to be fair, on my
block growing up we all took a bit of candy before learning it was wrong. Ah,
the innocent lessons of life.
Through our laws, music is an intellectual property that goes to the root
of the American ideals of invention and the protection and exploitation of
creativity. These laws helped our industry flourish where many have made a mint
for penning that undeniable hit tune. Record labels have long been thought of as
murky, ruthless Mafiosos of music, but at least for many years they facilitated
income from an art form. Although greedily helping themselves, they looked after
the roost - or rather, they used to!
When the CD was born the industry had its sacred cash cow and profits
rocketed to new heights as consumers scrambled to replace and expand their music
libraries. But with the advent of yet another new media, this time digital
downloads, why didn't the industry capitalize all over again? I think the cow
got a bit too fat for its own good!
To be sure, the consolidation of major labels to three conglomerates who
bought up most of the successful indie labels and the monster majors began a
churning for that quarterly profit. Got to keep that board of directors happy
and make deadline so the shareholders get their return. What a way to deal with
experimental art forms.
Add to that heaps of disgruntled consumers who bought a new CD, only to
discover one great song sandwiched in a watered-down tracklist of fluff.
Granted, we get to see the lavish music videos which cost into the
?blingazillions. Buy 10, get one. She sure looked good in that video, but I had
no idea she couldn't sing. At the same time, the homogenizing of music increased
as the majors continued to reverse-engineer music from the radio format
backwards, only putting out records that sounded just like what was on the radio
at the moment - all sounding the same.
Then households were inundated with PCs with CD burners. Every kid in
America figured out that burning a CD costs under a buck and sounded the same.
Any other industry would have dropped its prices right away. But the P&L
spreadsheets had to cover the video costs and the marketing dollars spent to
promote - well an artist that sounds like everyone else. Dog chasing tail comes
to mind.
For years, the majors hid behind their distribution. If you want your CD
in stores, you got to pay the man. That means playing it their way. Filtered
down, reverse-engineered pop music machinery for $17.98 a pop. This hardly
created value for consumers by any means.
Then digital distribution came as a huge threat. The monster majors
feared the loss of their control and power. They moved too slowly and, heck, are
still trying to figure out how to deal with it. I guess it took an outsider like
iTunes to realize it was easier than anyone realized and they surely proved it's
what the people wanted: a cheaper alternative with decent quality and the
ability to purchase it in your own home. Had they been quicker to get into the
game themselves and catered more toward the single then maybe they could have
avoided the millions gobbling up free offerings of shared-music archives.
Enter the RIAA suing the little man, and a black eye for the majors who
tried to block copying on CDs with the failed DRM, and the shooting-in-the-foot
gets worse and worse. Now the RIAA has been demonized for trying to protect the
legal rights that exist, but are being ignored by the new culture of
downloading.
Creators should be able to choose what they wish to give for free. The
money that the RIAA paid to lawyers should have been spent on educating our
youth on the rights of creators. Labels should have reacted much sooner to the
paradigm shift in distribution and should have kept making albums worth
listening to, not flimsy plastic CDs with only one good song. The creator has
always been the last one to get paid. But free means no one gets paid. I, for
one, will not be eating a candy bar I didn't pay for. But I do want it to at
least be delicious from the first to the last bite.
Rob Nolfe is a royalty auditor and owner of MZK Entertainment, LLC
(www.mzkentertainment.com).
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