Through Hell or High Water

Having spent some time thinking more seriously about the issue, I've grown increasingly disgruntled at the framing certain groups, like the RIAA, set out to make "illegal" music downloaders look like the villains.  In doing so, they make the "legitimate" music industry look like the victims who are simply trying to earn an honest buck.

The following videos and articles merely scratch the surface of and stand as but a small representation of music or creative theft that occurs within the industry itself.  So let us dive in.


Pardon the length of this first video, but it's a real doozy.  (IT WILL BLOW YOUR MIND!!!)

In 2004, Nate Harrison put together this lovely project to narrate the history of a 6 second music clip from the b-side of a funky album from a funky group --The Winstons -- back in 1969.  A sample to be forever known as the "Amen Break".  This one sample was used extensively since the late 80's to the point that it has essentially ascended to the status of a cultural norm in respects to music.  Harrison does a beautiful job discussing the history of the beat, the nature of art and creativity, as well as addressing the timeless issue of creative ownership.  The point here being that similar to math and science, music and other arts are created and furthered only by building off of what has already been created.  That is to say, if we wish to see the creation of new music, we have to stop controlling what has already been made.

Speaking of sampling... GIRL TALK!

In 2004, music mashing sensation Greg Gillis -- aka Girl Talk-- released his fourth album titled: Feed The Animals.  Like most of his works, Girl Talk composed the entire album from music samples taken from previously written songs.  Songs that were written by other artists.  The sample styles ranged as wide as hip-hop sensation Jay-Z to early 90's rock group Huey Lewis and the News.

Now here is the kicker.  Girl Talk's record label, Illegal Art, put up and and is still currently up for sale in a "pay what you want" style.  According to an interview with Girl Talk (as seen on Metrowize), his main goal behind the album was to "make it easier for people to get their hands on the music"  Those who choose to pay nothing for the album have to explain why they are choosing to do so.  The options range anywhere from "I have already purchased this album" to "I can't afford to pay"  There is even an option that explicitly says "I don't value music made from sampling"

 It's in that last option that much of this link speaks to me.  Because the reality is that most of the music that is considered "mainstream" is in fact produced heavily through the use of sampling.  This idea should be nothing new to anyone, but the fact still remains that the the music industry itself has been making use of music theft for quite some time.  Granted the conditions are slightly different, but I can't help but think, "what a load of hypocrisy" when I am being called a thief when the those very same supporters of anti-piracy are doing effectively the same thing as me.  At least some folks like Girl Talk are reasonable and accepting of the facts.

And finally something more for the scholarly...

If you manage to get your hands on this one I would highly recommend it.  It's not an easy find.

"Legends of the Fall: Behind the Music" by Gary Westfahl

Mr. Westfahl put this lovely novel together back in 2000 and it takes a look at a number of cases over the years of sampling, or creative theft, that even date back as far as the 1950's.  One famous example that the book mentions is a blatant theft of the famous bass line from Queen's song, Under Pressure.  For those of you who for some reason fail to know what the hell I'm talking about... allow me to elaborate.



and then this bad boy...



So here again we have yet again another example of creative theft that has occurred within the music industry.  Obviously this one yet again speaks for itself.

But you have to wonder, where does one draw the line?  It is known that Vanilla Ice eventually paid David Bowie and Freddie Mercury for his blatant theft, but the concept of musical sampling has exploded since then.  Sampling regulation has become just as difficult (if not more difficult) than controlling music piracy.  In many cases, as you have learned, samples have been repossessed by the record labels themselves, claiming that their samples are completely original.  (Note - if you didn't watch the whole video I initially posted... watch it NOW)

I guess if there is anything to take away from all of this it's that the music as an industry has changed to the point that regulation is futile.  The creation of newer music production technologies and the internet have unleashed a flood that like all forces of nature, cannot be stopped.  But the beauty is that like all "natural disasters", we are able to adapt to our new surroundings and find the potential in it.  So wake up music industry and head for high ground.

- James

Sailors Attacked Even When Losing Pirate Status

As customers we are continually being perceived as the bad guy as we make our impact on the 60 billion dollar music industry. “Pirates” they call us – as we “steal” the music they sell at $12 a pop (per CD). This in essence could be considered stealing from the hand that feeds them. But that is beyond the point. What I am trying to get to here is how the music industry hypocritically steals from those who keep their business afloat- the individuals who actually pay for their music.

I would like to highlight three sources that all speak to this issue. Each argument expresses the music industries use of DRM’s (Digital Rights Management) and how these are used as sanctions to restrict the music consumers pay for.

The Truth about DRM and Its Effect on MP3 Downloading Online
Author: 1st-free-music-download

The first source I would like to mention is that of the website “1stFreeMusicDownload”. You can find them at http://www.1st-free-music-download.com/ This particular site includes an array of information about the music industry- from free legal music, to reviews of sharing entities such as Napster. The article of my focus is “The Truth about Digital Rights Management”. Here the site explains how DRM effects MP3 downloading. Currently every online music store that operates in the United States uses some form of DRM- so if you’re paying- you’re affected. As you buy songs or full CD’s online DRM’s limit the number of times these songs can be copied or burnt to a CD. Not only does it affect the amount of CD’s music is put on- it also limits the number of computers the songs can be put on to five.

Although this may seem fair- think of a customer’s purchase of a physical CD. That CD can be copied as many times as the consumer wants and placed in an unlimited amount of computers- these restrictions are unnecessary. Customers buy music just as they would buy a T-Shirt- they like it, they want to use it, and they want it as theirs. These provisions make it so the songs individuals are buying are not entirely theirs- but shared with the music industry and sharing centers. They punish the people they should be valuing- and that in itself could move a customer from a sailor to a pirate.

-1st free music download suggests visiting Epitonic.com, Garageband.com, eMusic.com, and Amazon.com for free music downloads- check them out!

The Battle over Music Piracy
Author: Lev Grossmann

The second source that spoke to this issue is The Battle Over Music Piracy, written by Lev Grossmann and found in TIME Magazine. This article focused on Amazon’s use of DRM and what they are doing to be fair distributors and even bigger competition for iTunes. iTunes has publicly made it known that if it weren’t for the record labels- they would not enforce these DRM codes. But because they have to, they have worked for their customers to come up with a compromise with one label- where DRM free music is offered but at a higher price from 99 cents to $1.29. Great initiative- but not enough for Amazon. They are being prepared to offer completely DRM free music while maintaining price and quality.

Both changes seem to lean in the right direction for customers, although concerns still remain. In relation to iTunes DRMless music- the compromise came with one record label, therefore millions of songs remain restricted. This leaves songs that cannot be entirely owned by customers, and continues the monopolistic qualities iTunes uses DRM’s to maintain. Apple’s DRM system and software configuration makes it so music purchased on iTunes plays on and only on Apple products. On the surface their work with one record label looks great, but Apple isn’t stupid. They have used the DRM system to restrict competition by restricting customers- and I just don’t feel that is fair. But just wait- there is a silver lining to this cloud. As Amazon is creating a DRM free zone- iTunes will continue to feel the heat- and I believe inevitably resort to the same. This will open up the playing field on the hardware side of this issue- as more outlets will be allowed to be played on Apple systems, and give the customers what they deserve- the freedom to do what they choose with the music they buy.

It paints a pretty picture for us as customers- but only time will tell.

Don’t Think Twice, It’s All Right: Music Piracy and Pricing in a DRM-Free Environment
Authors: Rajiv K. Sinha, Fernando S. Machado, & Collin Sellman

Lastly is American Marketing Association’s article in the Journal of Marketing- Don’t Think Twice, its All Right: Music Piracy and Pricing in a DRM-Free Environment. In this particular article the authors discuss how DRM’s have affected producer revenues and profits. It points to two studies of more than 2000 college students that showed evidence stating if DRM’s were eliminated from online downloading produce revenues, and profit would rise along with consumer welfare. The reasons for this positive change lie in once illegal downloader’s turning into paying customers, and an increased participation by low-value consumers. It truly does make sense.

I believe this article draws the two articles explained above perfectly. It encompasses the last piece of this puzzle that states and justifies the reasons behind getting rid of DMR’s. Not only would the elimination be beneficial for consumers, it would be equally as beneficial for produces and the music industry as whole. I understand the rationale behind restricting those who do wrong (ie- music pirates) but I do not by any means see the validity in imposing sanctions against those who are in the right. There is no logical explanation as to why the music industry would hold onto a system that so negatively affects its customers and its prosperity- I think it’s about time for a change!

If you would be interested in even further explanation as to the positives of DRM free music- take a look at “DRM-Free Music Reduces Piracy, Marketing Study Claims” posted by Thom Holwerda on his blog: http://cogscanthink.blogsome.com/

-Lizzy

Jumping Ship To Better Lands

So there is legal and illegal downloading- obvious by this blog. But what about the middle man – that grey area that always exists in a world that is so not black and white. I would like to call those the free streamers of the music world and this topic in particular. They serve as alternatives to customers like me- who don’t want to steal – but don’t want to pay the price for music they don’t even know if they will like.

Pandora
http://www.pandora.com/

The first alternative I would like to explore is that of Pandora “It’s a new kind of radio- stations that play only music you like” they say. It was created to put the “Music Genome Project” in our hands- which is best explained by Founder of The Music Genome Project Tim Westergren:

The Music Genome Project®

On January 6, 2000 a group of musicians and music-loving technologists came together with the idea of creating the most comprehensive analysis of music ever.

Together we set out to capture the essence of music at the most fundamental level. We ended up assembling literally hundreds of musical attributes or "genes" into a very large Music Genome. Taken together these genes capture the unique and magical musical identity of a song - everything from melody, harmony and rhythm, to instrumentation, orchestration, arrangement, lyrics, and of course the rich world of singing and vocal harmony. It's not about what a band looks like, or what genre they supposedly belong to, or about who buys their records - it's about what each individual song sounds like.

Since we started back in 2000, we've carefully listened to the songs of tens of thousands of different artists - ranging from popular to obscure - and analyzed the musical qualities of each song one attribute at a time. This work continues each and every day as we endeavor to include all the great new stuff coming out of studios, clubs and garages around the world.
It has been quite an adventure, you could say a little crazy - but now that we've created this extraordinary collection of music analysis, we think we can help be your guide as you explore your favorite parts of the music universe.

This music genome is put together in an easy to follow format packaged for its consumers. Pandora acts as a radio station where you are given the freedom to “create stations” based upon your input of a favorite artist, song, composer, or music genre. This provided information is then combined with the work completed by the genome project to offer listeners a radio station comprised of songs they want to hear. It’s sophistication at its finest. Consumers are able to bookmark songs they like, listen to 30 second samples of songs on their own and other listeners bookmarked tracks, read summaries of bands and songs, and add other listeners stations to their own.

I love Pandora- so in a way I will admit I am bias. Their rejuvenation of the radio spectrum is pure genius. Instead of listening to songs you have to listen to – you’re listening to songs you want to listen to. It caters to its listeners while also providing a platform for new music and new artists to be found and heard by the millions. I can honestly say that I have heard hand full’s of tracks that I ended up buying due to the exposure of Pandora. Just like a radio station- it helps the music industry as it promotes legal downloading, while also acting as a catalyst for old, current, and new music to be explored. Not only does Pandora provide free music- but it provides information. It gives consumers information as to music festivals, shows, and up and coming songs by bands of their liking- which all contribute to the music industry and their prosperity. It is an entity that is safe, easy, fun, and LEGAL and a definite breakthrough in the fight against music piracy.

Article: Pandora Releases Sharing Features Author: Michael Arrington
For more info on Pandora: Mashable.com/journal- Pandora’s Social Features

Spotify

http://www.spotify.com/int/
(check them out…. I’m serious!)

This is one I had never heard of before- and frankly I wish I would have. Spotify advertises itself as “All the music, all the time”. Spotify allows you listen to songs on a one time basis through your computer or phone. With 8 million tracks and counting they provide a library of genres and musicians- all for our very ears. Andres Sehr of spotify states, “This (their hybrid p2p system) allows us to deliver the long tail of music which may not be very popular, as well as quickly serve up the latest hits that the majority of users listen to.” Basically- it tailors to the masses, creating a system that provides the oldies but goodies, newbie’s, and the up and coming’s that could use a break. In this way it brings music that doesn’t have much exposure- and exposes it. The entity plays songs live- therefore there is virtually no download wait- because there is no download. Spotify works to bring you songs you want to listen to now- no saving of files is involved- which means no overcrowding to your iTunes library of songs you might not even want to keep. It allows customers to share everything you listen to- as you can pass along tracks and create playlists- continuing the exposure of not only legal downloading, but artists alike.

This idea is pure genius! I can’t believe I hadn’t heard of it before- and that its popularity hasn’t sky rocketed! It’s a Pandora made even more individual- you select the song- you listen once- you get your fix. Without screwing over the music industry (in my opinion). I believe this entity acts as a personified radio- if your phone has the ability to download and play music- create playlists, sing a tune, and continue your day with the music you want to listen to. It acts as a perfect “middle man” where songs are not being stolen, new music is exposed to listeners- the good listeners who would rather hear a song once than steal it forever- and who are most likely to buy songs if they find one they enjoy enough, and importantly- isn’t illegal. This alternative is tailored towards not only customers but the music industry- which I believe is an initiative we all can be thankful for.

Blog: TorrentFreak- Spotify, An Alternative to Music Piracy. Author- Ernesto
If you are interested in further info on Anti-Piracy check out the Anti- Piracy Organization at: www.BSA.org/reportpiracy

YouTube
http://www.youtube.com/

Everyone and their mom, and even grandma, is familiar with the YouTube website. YouTube is a video sharing website where users can upload, share and view videos. It pertains to the music industry in particular in the way it allows individuals to search and listen to music, or music videos of their choice. Thus the site virtually provides free music. Although this is great and dandy- I would like to focus on how YouTube positively affected the indie rock band Barcelona, who caught the attention of nearly a million YouTubers. Following the post of their track on YouTube the band experienced a boost in their album sales (on iTunes), concert visits, and fan following. The band initially was put on YouTube via a fan, and now- following all of the benefits received from that post- the band itself continues to post new videos on YouTube.

As you can see- just because music is free doesn’t mean it’s bad. YouTube is a completely legal entity that is another one of those “grey areas” that is targeted for harming and hurting the music industry. My personal opinion- the music industry should be thanking YouTube over and over again. It allows listeners to get a taste of music- establish whether or not they enjoy what they’re listening to- and if so continue their exploration with the new tunes. All aspects point to the purchasing of music. It makes perfect sense- listen to a song on YouTube, enjoy it, and want to listen to it again- so you buy it. It can almost be considered a preview- where customers are able to see what they’re getting before they buy it- and as purchasers I think they owe that to us. It encourages legal buying behavior and an outlet for musicians and bands to promote their music online in a creative fashion that is reached by millions. Overall YouTube is a powerful mechanism that has been shown to change our culture! It’s huge! And not only is it powerful – it’s helpful- especially to the music industry and their continued efforts against music piracy.

Blog: TorrentFreak- ‘Pirated’ Youtube Clip Boosts Band’s Album Sales author: Ernesto
For more YouTube info: http://en.wikipedia.org/wiki/YouTube#Playback

Lizzy Burkwald