Why is the New York Times Coverage on Artist Rights So Oddly Inconsistent?

Chris Castle at Music Tech Policy does a takedown of the NYT Magazine anti-artists disinformation piece… read on…

Music Technology Policy

If you read the New York Times Sunday Magazine (which probably means you’re over 40 or live inside of the Acela corridor), you may have noticed a story last week titled “The Creative Apocalypse That Wasn’t“.  This piece is another of these “Sky is Rising” type things bankrolled by the Computer & Communications Industry Association, aka Google.  I’m not accusing the author of being on anyone’s payroll (except perhaps the Times itself…more about that later), but I can’t help noticing the similarities.

Here is the author’s thesis:

But starting with [Lars] Ulrich’s [2000] testimony [in the Napster case and hearings], a new complaint has taken center stage, one that flips those older objections on their heads. The problem with the culture industry is no longer its rapacious pursuit of consumer dollars. The problem with the culture industry is that it’s not profitable enough. Thanks to its legal…

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Essential Reading on the Internet’s Emerging Exploitation Economy.

We write a lot about the issues facing creators, but we’re only just the first to be effected by the Exploitation Economy.


Uber and the Lawlessness of ‘Sharing Economy’ Corporates | The Guardian

It’s not only about musicians and creators, we are just the first to be effected.  The same Silicon Valley scam is going to exploit more and more people. Read on…

“Nullification is a wilful flouting of regulation, based on some nebulous idea of a higher good only scofflaws can deliver. It can be an invitation to escalate a conflict, of course, as Arkansas governor Orville Faubus did in 1957 when he refused to desegregate public schools and president Eisenhower sent federal troops to enforce the law. But when companies such as Uber, Airbnb, and Google engage in a nullification effort, it’s a libertarian-inspired attempt to establish their services as popular well before regulators can get around to confronting them. Then, when officials push back, they can appeal to their consumer-following to push regulators to surrender.”

READ THE FULL STORY AT THE GUARDIAN:
http://www.theguardian.com/technology/2015/jul/28/uber-lawlessness-sharing-economy-corporates-airbnb-google

 


Stop calling it the “Sharing Economy.” That isn’t what it is. | Olivier Blanchard

What it is, is the Exploitation Economy…

“Disruption rocks though!”

No, it doesn’t. The right kind of disruption rocks. The kind that has value, that solves a problem, that improves an imperfect system. But disruption for the sake of disruption is just noise. It can even be destructive, and that doesn’t rock. It doesn’t rock at all.

Because Apple was “disruptive,” anything deemed disruptive now somehow borrows from Apple’s cachet. “Disruption” has become another meaningless buzzword appropriated by overzealous cheerleaders of the entrepreneurial clique they aspire to someday belong to. And look… every once in a while, someone does come up with a really cool and radical game-changing idea: Vaccines, the motorcar, radio, television, HBO, the internet, laptops, smart phones, Netflix, carbon fiber bicycles, drought-resistant corn, overpriced laptops that don’t burn your thighs in crowded coffee shops… Most of the time though, “disruption” isn’t that. It’s a mirage. It’s a case of The Emperor’s New Clothes, episode twenty-seven thousand, and the same army of early first-adopter fanboys that also claimed that Google Plus and Quora and Jelly were going to revolutionize everything have now jumped on the next desperate bandwagon. What will it be next week? Your guess is as good as mine.”

READ THE FULL POST AT OLIVIER BLANCHARD:
http://olivierblanchard.net/stop-calling-it-the-sharing-economy-that-isnt-what-it-is/

 


The Crowdsourcing Scam | The Baffler

It’s all the same Silicon Valley scam. Whether you are a musician or a cab driver, this about labor, and you could be next…

Silicon Valley calls this arrangement “crowdsourcing,” a label that’s been extended to include contests, online volunteerism, fundraising, and more. Crowdsourced work is supposed to be a new, more casual, and more liberating form of work, but it is anything but. When companies use the word “crowdsourcing”—a coinage that suggests voluntary democratic participation—they are performing a neat ideological inversion.

The kind of tentative employment that we might have scoffed at a decade or two ago, in which individuals provide intellectual labor to a corporation for free or for sub-market wages, has been gussied up with the trappings of technological sophistication, populist appeal, and, in rare cases, the possibility of viral fame.

But in reality, this labor regime is just another variation on the age-old practice of exploiting ordinary workers and restructuring industrial relations to benefit large corporations and owners of the platforms serving them. The lies and rhetorical obfuscations of crowdsourcing have helped tech companies devalue work, and a long-term, reasonably secure, decently paying job has increasingly become a MacGuffin—something we ardently chase after but will likely never capture, since it’s there only to distract us from the main action of the script.

READ THE FULL POST AT THE BAFFLER:
http://thebaffler.com/salvos/crowdsourcing-scam

 


Silicon Valley Is Not a Force for Good | The Atlantic

We don’t need to throw the baby out with the bath water, what we need is fair and ethical businesses.

It’s been a long journey from Google to Snapchat—or to apps that enable drivers to auction off the public street-parking spot they’re about to leave in San Francisco. With a few exceptions, the Valley’s innovations have become smaller, and smaller-minded. Many turn on concepts (network effects, regulatory arbitrage, price discrimination) that economists would say are double-edged, if not pernicious. And while the Web was touted as a great democratizing force, recent tech innovations have created lots of profits at the top of the ladder and lots of job losses lower down. The tech sector itself has proved disappointing as a jobs engine and at times hostile to women.

READ THE FULL POST AT THE ATLANTIC:
http://www.theatlantic.com/magazine/archive/2015/07/silicon-valley-shrinking-vision/395309/

 


Jaron Lanier: The Internet destroyed the middle class | Salon

Jaron Lanier was the first to identify and speak about this issue. We’re glad to see others catching up to him. Here’s a refresher…

“Here’s a current example of the challenge we face,” he writes in the book’s prelude: “At the height of its power, the photography company Kodak employed more than 140,000 people and was worth $28 billion. They even invented the first digital camera. But today Kodak is bankrupt, and the new face of digital photography has become Instagram. When Instagram was sold to Facebook for a billion dollars in 2012, it employed only 13 people. Where did all those jobs disappear? And what happened to the wealth that all those middle-class jobs created?”

“Future” also looks at the way the creative class – especially musicians, journalists and photographers — has borne the brunt of disruptive technology.

READ THE FULL STORY AT SALON:
http://www.salon.com/2013/05/12/jaron_lanier_the_internet_destroyed_the_middle_class/

 


 

Sleeping Through a Revolution | Jonathan Taplin @ USC

This presentation by Jonathan Taplin at the Annenberg Innovation Lab breaks it all down. Required Viewing.


 

Jaron Lanier: The Internet destroyed the middle class | Salon

Jaron Lanier was the first to identify and speak about this issue. We’re glad to see others catching up to him. Here’s a refresher…

“Here’s a current example of the challenge we face,” he writes in the book’s prelude: “At the height of its power, the photography company Kodak employed more than 140,000 people and was worth $28 billion. They even invented the first digital camera. But today Kodak is bankrupt, and the new face of digital photography has become Instagram. When Instagram was sold to Facebook for a billion dollars in 2012, it employed only 13 people. Where did all those jobs disappear? And what happened to the wealth that all those middle-class jobs created?”

“Future” also looks at the way the creative class – especially musicians, journalists and photographers — has borne the brunt of disruptive technology.

READ THE FULL STORY AT SALON:
http://www.salon.com/2013/05/12/jaron_lanier_the_internet_destroyed_the_middle_class/

Silicon Valley Is Not a Force for Good | The Atlantic

We don’t need to throw the baby out with the bath water, what we need is fair and ethical businesses.

It’s been a long journey from Google to Snapchat—or to apps that enable drivers to auction off the public street-parking spot they’re about to leave in San Francisco. With a few exceptions, the Valley’s innovations have become smaller, and smaller-minded. Many turn on concepts (network effects, regulatory arbitrage, price discrimination) that economists would say are double-edged, if not pernicious. And while the Web was touted as a great democratizing force, recent tech innovations have created lots of profits at the top of the ladder and lots of job losses lower down. The tech sector itself has proved disappointing as a jobs engine and at times hostile to women.

READ THE FULL POST AT THE ATLANTIC:
http://www.theatlantic.com/magazine/archive/2015/07/silicon-valley-shrinking-vision/395309/

Streaming “Transparency” and the 70% Black Box Lie… The Solution Is #gettherateright

The argument goes something like this…

Streaming companies are paying 70% of their revenue but artists are not getting paid enough. This must be the result of record labels and rights holders not passing on the right amount to artists.

The first question is, how do we know that streaming services are actually, really paying 70% of their top line gross revenue to rights holders? We know what the revenue of a transaction is on iTunes, because it is factually transparent – it is the list price being charged. We all know this, and we can all verify this. A $9.99 album on iTunes pays out $7.00, or 70%. Same thing for a $.99 song that pays out $.70, that’s also 70% of revenue.

But when if comes to streaming services however we do not know what the revenue is that should be credited to artists and rights holders. This is what is actually of concern. There is a big black box at the top of the waterfall from which all other money flows downstream.

So if streaming services are paying 70% of revenue, what exactly is that revenue? Let us see it. So here we are with the issue of transparency. If we can’t actually see or know what that number is then yes, the low payouts are very much of concern and have very little to do with intermediaries.

We can disagree about how the 70% of revenue is passed onto artists from iTunes and other transactional sales. But one thing is clear, we all understand the transparent economics of how much money is generated on each transaction. This is not so with streaming. So without transparency at the top of the waterfall, everything that follows is suspect.

More importantly, and more to the point, if there are established retail and wholesale rates for each stream, the calculations become immediately transparent in the same way they are with Itunes. See, the issue here is not what is going on downstream, but rather what is happening at the top of the waterfall.

“WE HAVE A MONETIZATION PROBLEM”

The truth is by now (and everyone should be able to agree on this), we know that streaming creates too little revenue relative to the value of the product. In other words the product is being sold to the consumer for less than the cost that it takes to create and produce it, and still remain sustainable.

In simple terms this is expressed as selling a Porsche for one dollar. It doesn’t matter how many Porsche’s you sell for one dollar while paying out 70% of the revenue, there will never be enough money to actually pay for the cost producing the car. Porsche’s, like professional music are expensive to produce. Despite the advances in recording technology, it is he cost of human labor that is the most important in the value chain.

This is the economics of music streaming in a nutshell, but with one added twist. The Porsche may be sold for one dollar one month, and be sold for only eighty cents the next month, and maybe the month after that sold for a dollar and ten cents. This is because of the fixed (and unsustainable) revenue pool that is divided by the total number of plays.

The common sense solution would be to establish a fixed per stream rate at each platform. This is the most simple way to encourage transparency and fairness as the revenue generated per stream can be transparently and easily calculated from top line data – no more black box at the top of the waterfall. The funny thing is, the people shouting the loudest for transparency also seem to be the most opposed to the easiest solution. Why is that?

So, if we are to have conversations about transparency let’s at least be clear about what it is that we actually need to see.

 

Music Streaming Now Generates Trillions Of Plays — But Are Royalties Keeping Up? | Billboard

A lot of advertising gets slathered on A Trillion Streams, and served to the most highly prized consumer demographic… no wonder Google/YouTube, Spotify and Pandora are so opposed to non-free, subscription based models that could actually compensate musicians and songwriters fairly.

The headline number in the report is 1,032,225,905,640, or 1.03 trillion, the number of song plays on Pandora, Rdio, Spotify, SoundCloud, Vevo, Vimeo and YouTube that the company tracked in the first six months of this year. It’s a startling number, much larger than anything we’ve seen before it.

It’s safe to say not all 1.03 trillion plays were royalty-bearing streams. Some had a royalty in the 0.05 to 0.1 cents per stream range typical of subscription services. Many of the Pandora streams had a U.S. statutory rate for pure-play webcasters of 0.14 cents plus a smaller amount for publishers (some Pandora streams had a higher royalty applied to streams by subscribers). And SoundCloud, a new entrant to licensed, monetized streaming, most certainly had many non-monetized streams.

Yes, it’s safe to say not all 1.03 trillon plays were royalty-bearing streams. No kidding. For most musicians and songwriters a trillion streams still means the same thing, a couple hundred bucks, if they’re lucky…

READ THE FULL STORY AT BILLBOARD.COM
http://www.billboard.com/biz/articles/6663811/music-streaming-now-generates-trillions-of-plays-but-are-royalties-keeping-up

Pay the Band | Memphis Flyer

Brice S Newman of Memphis details why support for the Fair Play, Fair Pay bill is essential for all musicians and creators to support.

There are four parts to the initiative, which includes a comprehensive bill that gives music creators pay parity. First, legislation would establish a process for setting fair-market royalty rates, not some pathetic low royalty rate that is decades old.

Second, the legislation would create a performance right for artists on terrestrial radio in the U.S., so that artists can get paid when their performances are on the radio. This is how it’s done in much of the rest of the world.

Third, this legislation would close a 1972 loophole and would guarantee that veteran performers receive royalties.

Fourth, the legislation would codify royalty payments to producers — the people behind the songs. If we can make all this happen, I am sure we will be paid back many times over in good music that’s been created by musicians who deserve to make a living.

READ THE FULL STORY AT THE MEMPHIS FLYER:
http://www.memphisflyer.com/memphis/pay-the-band/Content?oid=4073778