Van Dyke Parks on How Songwriters Are Getting Screwed in the Digital Age | The Daily Beast

Forty years ago, co-writing a song with Ringo Starr would have provided me a house and a pool. Now, estimating 100,000 plays on Spotify, we guessed we’d split about $80. When I got home, on closer study, I found out we were way too optimistic. Spotify (on par with other streamers) pays only .00065 cents per play.

There’s less support for all the arts today, and the blade gets duller with every cut in arts funding. It degrades dance, opera, even academia and, significantly, the art of journalism. As a result, in the U.S., public opinion suffers from what we call “infotainment.” That’s a genre of media news that is not informing, entertaining, or remedial. And it’s a direct result of a vacuum of patronage (and by patronage, I don’t mean just Medici-style sponsorship but the willingness of all arts consumers to pay for what they listen to, read, and watch, and for the industry to fairly recompense creators).

READ THE FULL STORY AT THE DAILY BEAST:
http://www.thedailybeast.com/articles/2014/06/04/van-dyke-parks-on-how-songwriters-are-getting-screwed-in-the-digital-age.html

T Bone Burnett’s plea: The piper must be paid| LA Times

Fans can still hear the work of America’s musical pioneers, thanks to online and mobile services. Through downloads and streams and services such as Pandora and Sirius XM Radio, these giants’ recordings continue to captivate and influence young musicians, singers, songwriters and producers.

Yet some of these same companies have made the decision to devalue the music of these artists for their own profit by not paying for it. In doing this, they devalue the substance of their own medium. For the last 20 years we’ve witnessed an assault on the arts by the technology community — especially when it comes to music.

This devaluation is troubling because music is not only the creation of people who make this art for us; it is how they earn a living. Music is how they feed their kids and provide for their futures.

READ THE FULL STORY AT THE LA TIMES:
http://touch.latimes.com/#section/-1/article/p2p-80409552/

No, Silly, Piracy is Theft | DevTopics

A classic, with illustrations.

A much better analogy for digital piracy is sneaking into a theater to watch a movie.  You are not stealing a copy of that movie, and the theater is free to show the movie to others.  But you are stealing revenue that the theater would have earned had you rightfully purchased a ticket.

So when you pirate music, video or software, you are stealing income from the seller.  You are receiving something of value without paying for it.

READ THE FULL POST AT DEVTOPICS:
http://www.devtopics.com/no-silly-piracy-is-theft/

File sharing is alive and well, to the tune of 300 million users a month | GigOm

Surprise: P2P isn’t dead, after all. 300 million users swap files via BitTorrent every month, according to new numbers from media intelligence startup Tru Optik, which estimates that every month, more movies and TV shows get downloaded by file sharers than are sold on iTunes, Google Play and Amazon together.

And we’re not just talking about users in countries where media would otherwise be inaccessible. Users in the U.S. download more movies, TV shows, music and software than any other country, according to Tru Optik. The only exception to this rule is video games, where users in Brazil are more active than their U.S. counterparts.

READ THE FULL STORY AT GIGAOM:
http://gigaom.com/2014/05/28/file-sharing-is-alive-and-well-to-the-tune-of-300-million-users-a-month/

Music Piracy Is and Should Remain Illegal | NoisePorn

The problem is not that the music industry is refusing to change with technology and culture. In fact, I find it spooky that the notion of revamping the system to pander to those engaging in criminal activity is even being uttered. The problem is that we’ve become a society that excuses douchebaggery as a sign of the times; an “everybody’s doing it so, whatever” phenomenon. And, instead of enforcing logical rules (i.e. prosecuting the wrongdoers), we justify the despicable and conjure up excuses for their behavior. Maybe they weren’t hugged enough as children. Or maybe the music industry is being unfair by trying to profit from what some think should be free and accessible to everyone. We then, as if stricken with Stockholm Syndrome, develop a completely warped sense of empathy toward the culprits; bending the fist of justice until the finger of blame points back at the industry and its still bleeding wounds.

READ THE FULL STORY AT NOISE PORN:
http://www.noiseporn.com/2014/05/music-piracy-remain-illegal/

Google/YouTube Said to Be Threatening Censorship Of Artists Videos | The Guardian UK

There is an interesting story breaking in the UK’s Guardian about negotiations between indie labels rights organization Worldwide Independent Network (WIN) and Google’s YouTube.

“Music industry trade association the Worldwide Independent Network (WIN) has accused YouTube of strong-arm negotiating tactics trying to force indie labels to sign up to the new service.

WIN, which represents independent labels worldwide, claims that YouTube is approaching labels directly with a “template contract” and threatening that if they do not sign it, all their music videos will be blocked on YouTube.”

Bring on the black out? How ironic would it be that Google would resort to content blocking as the champions of an open internet and freedom of speech online.

We can see it now…

This video has been removed by Google who chose not to compensate the creator fairly for their work. Sorry about that ;-(

READ THE FULL STORY AT THE GUARDIAN UK:
http://www.theguardian.com/technology/2014/may/22/indie-labels-youtube-subscription-music

Follow the Money: Senate Homeland Security Committee Investigating Online Advertising

Music Technology Policy

The Permanent Subcommittee on Investigations of the Senate Homeland & Governmental Affairs Committee is holding a hearing on May 15 at 9:30 am ET entitled “Online Advertising and Hidden Hazards to Consumer Security and Data Privacy“.

Not only should the Subcommittee be focused on consumer security–they should also be concerned with advertiser fraud.

The Subcommittee will no doubt be regaled with excuses from the online advertising business trying to explain away how it is that sites selling all manner of illegal stuff are publishing ads by Fortune 500 companies–but none of the biggest advertising exchanges have anything to do with it.  And those exchanges just happen to be owned and operated by the two biggest search engines:  Google and Yahoo.

The witnesses include Alex Stamos, Chief Information Security Officer, Yahoo! Inc. and George F. Salem, Senior Product Manager, Google, Inc.  Perhaps they can explain how it is…

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DMCA “Take Down and Stay Down” Is The Logical Solution to a Flawed Loophole [VIDEO]

Earlier this week Digital Music News reported that Google is getting over 1 million DMCA take down requests per DAY! If this isn’t the single greatest illustration of the failure of the DMCA to protect artists and creators we don’t know what is.

No matter how many notices can be sent, or the standardization and efficiency in doing so, the volume of infringement far exceeds any rational ability to combat the flood of infringement.

The only logical solution is to fix the DMCA whereby when a valid notice is sent and complied with, that the infringing content can not be re-uploaded again, and again and again as we detailed in our post “The DMCA Is Broken.

These videos below illustrate the issue, both present testimony from the Congressional hearing on March 13, 2014.

https://vimeo.com/94514834


 

We’d also like to thank Congresswoman Judy Chu for acknowledging and entering into congressional record our post by Chris Castle on how to address these issues with the DMCA. Video below.

You can read that post here:

Safe Harbor Not Loophole: Five Things We Could Do Right Now to Make the DMCA Notice and Takedown Work Better

 

 

David Pakman is Wrong on The Price Of Music (and streaming subscriptions)

Is there anyone left in the record business with common sense and a calculator?

David Pakman wrote an interesting piece asserting the problem with streaming services getting up to scale is a matter of pricing. He puts forth that $10 a month, or $120 per year is too much. He claims that the ability of these services to scale should be more in line with a monthly fee of $3-$4, or $36 – $48 a year to appeal to a broader base of the “average” music consumer. We think there are some serious flaws with this line of thinking not the least of which is that we can’t get the math to scale at $10 a month per user!

The first and most important error is that an “average” music consumer does not exist. Sure, you can average the total spending by the estimated number of consumers to find an average per consumer but no “average” consumer actually exists. Some spend many times the average, some spend far below it.

Pakman makes the assumption that music subscription services are over priced citing that the “average” consumer is only willing to spend $64 a year on music.  This completely ignores that the majority of highly active music consumers that have historically purchased much more than the average.

Those working in music distribution have always know that the most active consumers, contribute the greatest percentage of revenue to the total. In traditional terms this would be an expression of the classic 80/20 model where the top 20% of consumers represent 80% of the revenue. Conversely 80% of consumers only account for 20% of the revenue overall. This is of course an over simplification but it illustrates the point being made.

Here’s some simple math. Apple’s iTunes boasted 200 million users in 2011. Using Pakman’s own estimates at $64 per “average” consumer, the store should have generated a cool $12.8 billion in revenue. As we all know that’s not true, it quickly illustrates the problem with Parkman’s methodology of the “average music consumer.” Of course Itunes is not the only music retail outlet, and surely not all of those Itunes users were strictly music consumers. Again this is the problem with attempting to define an “average” music consumer to broader market economics.

Pakman also doesn’t fully account for the fact that while music prices dropped nearly in half from $19.98 compact discs to $9.99 downloads the volume of sales continued to decline. This is a decline that began with the introduction of Napster and has spread through the expansion of ubiquitous illegal file sharing networks such as the now defunct Kazaa, Grokster and Limewire.

The single greatest factor effecting both the price of music and the volume of sales, was and remains the illegally free supply of the exact same product available to consumers without risk, investment or consequence by those distributing it for profit without paying for the cost of goods.

But Pakman may have stumbled upon some other points of interest in his observation. First, is that the music business needs to learn how to window releases and build a transactional streaming model as the film business employs. We detailed this in our post “Spotify is not Netflix, but maybe it should be.” Second, there should tiered access on streaming services. A basic $4 a month subscription gets you the hits, say the top 200 current singles and the top 200 catalog albums. For $9 a month you get the hits plus all music more than a year old. For $20 a month you get everything available.

The narrow band thinking of music industry business people is stunning when we don’t need to look any farther than the film and tv industry to see a robust variety of different streaming products for different consumers needs and demands. The film and tv industry successfully window releases and have different pricing tiers based on access and there’s really no reason why these models would not, and can not translate to the record industry.