Music Thievery Laid Bare : When Pirates Rip Off Working Class Artists : Guest Post by David Cloyd

The naked truth of how music piracy hurts working class artists

Let’s face it. “Piracy” is a loaded word. As Captain Phillips played in theatres last fall, the word “pirate” found itself in a very different context than it did right after any of the Pirates Of The Caribbean movies. Real-life pirates aren’t funny, quirky, eccentric characters based on Keith Richards. They’re terrifying criminals with a desperate bottom line. And while a lot of people may enjoy dressing up as Captain Jack Sparrow for Halloween, nobody wants to be mistaken for an actual Somali pirate.

So maybe it’s time we all took a second look at “music piracy.”

Defined typically as an act of robbery or criminal violence at sea, “piracy” was initially used as slang for copyright infringement because the “pirates” in question were trying to profit from the crime by reselling the product. As the recording industry evolved beyond vinyl, it became much easier for music to be copied for personal enjoyment, and as federal legislation dictated, a mandatory fee was tacked on to the price of blank audio to help account for the loss. What’s more, copying music—or anything else—came at a substantial loss of quality.

But with the birth of digital music, the Internet, peer-to-peer networks, and now the behemoth of social media, there is no such safety net. Digital copies don’t require a physical copy and are indistinguishable from the originals. Coupled with the fact that most people today listen to music on computers instead of stereo systems, it shouldn’t surprise anyone that even major radio stations play low-quality mp3s without anyone noticing.

When the “pirate” station Radio Caroline hit the airwaves in the UK in 1964, it did so with the rebellious attitude of rock n’ roll. They broadcast from a Danish ship just outside English territorial waters, but the metaphor stops there. Their self-perceived purpose was much closer to Robin Hood’s—to steal from the rich (circumvent the monopolies of popular broadcasting) and give to the poor (supply the people with great music from great artists they wouldn’t have heard otherwise). They were the rebel alliance, a small band of freedom fighters mounting a hopeless attack against a domineering and impenetrable station.

In a similar fashion, today’s exuberant supporters of “music piracy” are not advocating profiteering at the expense of artists and musicians. Today’s “pirates” see themselves as modern-day Robin Hoods, fighting against corporate greed and the tyranny of the big bad music industry. They are fighting for a perceived right to access music and share it with their friends in the same way they share every other aspect of their daily lives. Their lives aren’t analog anymore—they’re digital, and for them, digital means free.

Sadly, today’s pirates may act the irreverent hero and plead the helpless victim, but in fact, they play only the hapless villain. In their minds they’re valiantly battling the same big bad corporate music industry, and though they’ve wounded their sworn enemy in a way pirate radio could have only dreamed of, the collateral damage for artists is just as bad.

To make matters worse, while these same so-called pirates are each saving the price of a few coffees at Starbucks each month, they’re unintentionally aiding and abetting a global army of parasitic digital King Johns who are collectively making billions each year by stealing from the rich and the poor—opportunistic vultures circling the battlefield, feeding on the dreams of digital freedom, and biting every single hand that feeds them.

Pirate radio wanted to make a point. These new King Johns—the true pirates of today’s music world— only want to make a profit.

In my life as a musician, I have encountered these true pirates myself. During my time with ECR Music Group over the past six years, I have worked together with the other artists on the label doing something that most musicians today have to do: everything. By and large we do all of our own marketing and promotion in house, and so every day we all collectively roll up our sleeves and just get it done. One thing that I used to do was deliver cease and desist messages to bit torrent sites to take down our music, something that our system of Google alerts still brings to our attention daily. But after a bit torrent site ate my hard drive a few years ago, we reevaluated the importance of this effort and decided that the cost far outweighed the altruism, and it didn’t stop the pirates from making a single cent of their advertising profits.

So “piracy” might not be the best word to describe what’s going on with music anymore—and perhaps it never was. Maybe it’s time for a new generation of music pirates to reclaim the word and take it back to its rock n’ roll roots . . . People of all ages who rebel against the powers that be, rather than mimic them and hide behind a thin veil of approval . . . Real-life Robin Hoods that can distinguish challenging unjust authority from simple petty thievery…

People who understand that free always has a price, and freedom always has a cost.

As artists, it is our responsibility to lead the way, and as a part of a record label where the artists run the asylum, I live that pledge every day.

Do I respect music? Arrrrrrrrrr, I do, matey.

#IRespectMusic

http://www.irespectmusic.org

MORE ABOUT DAVID CLOYD:
http://www.ecrmusicgroup.com/artists/david-cloyd/

david-cloyd-i-respect-music-2014-01

The Beastie Boys Fight for Your Rights : Guest Post by East Bay Ray

[An update. The corporation Intuit sponsored a competition for small businesses to get a Super Bowl ad and awarded it to GoldieBlox, despite the company being invovled in a lawsuit for doing something that violated the contest’s own rules. What kind of message does that send?]

First, we have the Supreme Court ruling that corporations are people. Now, with a recent dispute between toymaker Goldieblox Inc. and the Beastie Boys we have a corporation — in the fine tradition of the Dred Scott decision — attempting to justify the exploitation of people’s work for the benefit of a business.

The reasoning Goldieblox, Inc. — which hijacked the Beastie Boys’ song “Girls” in a recent promotional video — uses to justify economic exploitation is right out of the book 1984: in the name of the greater “common good” (and to make even bigger profits), an individual’s autonomy is not important. To paraphrase George Orwell, Exploitation is Innovation.

There are some legal commentators who try to contend that the Goldieblox ad is not primarily aimed at advertising a product but “spreading” the company’s message that “traditional girl toys aren’t all that great for modern girls.”

Somehow that makes economic exploitation okay.

Well, looking past their doublethink, “a commercial ad is not an ad,” the video was, bottom line, to advertise the brand Goldieblox, Inc., a for-profit company. Whatever other message the ad has isn’t relevant. Just because you claim the message is positive, you don’t have to ask? Who decides if it’s a positive message or not? What if a company like Walmart wanted to use someone’s work without compensation to promote their “message,” would that be okay too? What is so hard about asking permission first? It’s the human thing to do.

What some are advocating here is ultimately nothing less than the violation of a basic human right everyone has: the right to the material and moral benefit in work you’ve created. The authors of the Slate article seem to have no problem that people are to work while others get rich off that labor. Why not at least demand that Goldieblox pay the Beastie Boys a share of the company’s profits? Or is treating people like sweatshop peasants, framed as “innovation” in true 1984-style, just too important a “social value” that it overrides people’s rights? Maybe it’s of value for a corporation, but absolutely not for human beings. Think about it, how can you be free if they take away your right to say “No”? Or take away your right to share in income you produce?

This is not just a problem for artists. From the viewpoint of many Internet companies, your personal information and photos are the same as the Beastie Boys music. If it draws eyeballs then corporations can use it without your consent to get rich selling advertising, like your Instagram photos, your Facebook profile, etc.

What’s happening to musicians will happen to you. Anyone who wants internet business executives to step up and treat us all as humans, stand up and say, “I am the Beastie Boys.”

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East Bay Ray Img_8808s2East Bay Ray is the guitarist and co-founder of the band Dead Kennedys. He serves on the advisory board of the the Content Creators Coalition, an artists rights organization that enables people who create content — recording artists, songwriters, journalists, filmmakers, producers, photographers, visual artists, and performers — to join together and gain fair treatment from those who profit from their work.

The Content Creators Coalition link is http://www.contentcreatorscoalition.org/

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Beasties Countersue GoldieBlox–GoldieBlox brings in Google Books Lawyer

Shut Up and Sing: Goldiblox Shows Silicon Valley’s Latest Strategy to Intimidate Songwriters

Jean Michel Jarre: ‘Don’t forget that us creators are the smart part in a smart phone | MTP

by Helienne Lindvall

At this week’s Midem music conference in Cannes, France, I sat down with electronic music pioneer Jean Michel Jarre, whose career as an artist and composer is now in its fifth decade, having broken through internationally with his groundbreaking Oxygene album in 1976. Last year, he took over the presidency of CISAC, the global body for authors’ societies, after the previous president, Robin Gibb, passed away – and so his Midem “visionary talk” went under the headline Fair Share for Creators.

Jarre:

“We should never forget that in the smartphone, the smart part is us creators. If you get rid of music, images, videos, words and literature from the smartphone, you just have a simple phone that would be worth about $50. Let’s accept that there’s a lot of innovation in the smartphone, so let’s add $100 for this innovation – the remaining $300-$400 of the price should go to us.

So we should sit down and talk to all the telephone companies and computer companies selling hardware, the companies carrying the content on the internet, such as Facebook and Google. We need each other, so at the end of the day we have to find the right partnership. We are talking about a business partnership, not a tax, and this shouldn’t affect the consumer.”

READ THE FULL INTERVIEW AT MUSIC TECHNOLOGY POLICY:
http://musictechpolicy.wordpress.com/2014/02/05/jean-michel-jarre-dont-forget-that-us-creators-are-the-smart-part-in-a-smartphone-by-helienne-lindvall/

David Byrne Wants Performance Royalties On Commercial Radio | Stereogum #irespectmusic

Byrne points out a bill in the House Of Representatives, sponsored by Jerry Nadler of New York, that would bring artist royalties into federal law. He further clarifies that digital and streaming radio services such as Pandora already pay artist royalties. Independent and college radio stations would not be affected either — just the stations that make money playing music. He also links to a petition about the issue. And at the outset of his piece, Byrne says he’s been meeting with a small group of musicians and writers about forming a creatives union. Read the full essay here.

READ THE FULL STORY AT STEREO GUM:
http://www.stereogum.com/1648771/david-byrne-wants-performance-royalties-on-commercial-radio/news/

RELATED:

http://irespectmusic.org

Please sign the petition at Irespectmusic.org to support artist pay for radio play

U2 Manager Paul McGuinness on Artists Rights and Piracy

What needs to be done is simple, take the sites down and keep them down. If the pirates can manage to replace their sites instantly with legions of bots, Google, with their brilliant algorithm engineers can counter it.

We need the technology giants like Google to do the things that labels, the publishers, the artists, the writers repeatedly ask them to do. They need to show corporate and social responsibility. Take down the illegal sites, keep them down and clear the way for the legal digital distributers like iTunes, Spotify, Deezer, the new Jimmy Iovine Beats service, which promises to be a very serious competitor. Those services now exist, it is no longer acceptable to say that the music industry is not available, not making its wares available online.

We’re all aware in this room that subscription is now replacing downloading — legal or illegal — but we do need those mega corporations to make a genuine effort to cooperate and feed the industry that has been so good to them.

READ THE FULL STORY AT BILLBOARD:
http://www.billboard.com/biz/articles/news/global/5893877/u2-manager-paul-mcguinness-receives-billboards-industry-icon-award

RELATED:

U2 Exploited by United Airlines, Jet Blue, HP, State Farm, Westin, Urban Outfitters, Sprint, AT&T, Amazon, Disney Resorts, Crate and Barrel

 

Shazam Predicts 2014 Grammy Winners | Yahoo Finance

The Shazam music team looked at the total activity around each of these artists and as a percentage of the total activity for the category and made the following predictions:

Record of the Year – Robin Thicke feat. T.I. and Pharrell, “Blurred Lines” – 5.4M Shazams (31% of the category)

Album of the Year – Macklemore & Ryan Lewis, “The Heist” – 11.4M Shazams (48% of the category)

Song of the Year – P!nk feat. Nate Ruess, “Just Give Me a Reason” – 4.3M Shazams (31% of the category)

Best New Artist – Macklemore & Ryan Lewis (56% of the category)

Best Dance / Electronica Album – Calvin Harris, “18 Months” – 5M Shazams (59% of the category)

Best Country Album – Taylor Swift, “Red” – 4.3M Shazams (40% of the category)

Best Rap Album – Macklemore & Ryan Lewis, “The Heist” (42% of the category)

READ THE FULL STORY AT YAHOO FINANCE:
http://finance.yahoo.com/news/shazam-predicts-2014-grammy-winners-151700334.html

GOOD WORKS : MusiCares Raises $5.5m For Musicians In Need

MusiCares annual charity event honors Carole King and raises money for musicians in need. Musicians helping musicians, we like it.

Carole King still sees herself “first, last and always a songwriter,” she said as she accepted MusiCare’s 2013 Person of the Year honors last night at the Los Angeles Convention Center. But even after decades of hits written for herself and others, she was clearly moved by the night’s lineup of performers in her honor, including Lady Gaga, James Taylor, Steven Tyler, Pink, Will.I.Am and Alicia Keys.

The evening raised $5.5 million for MusiCares, which provides emergency financial assistance and addiction recovery programs to musicians in need.

READ THE FULL STORY:

http://variety.com/2014/scene/news/grammy-awards-lady-gaga-musicares-carole-king-1201070625/

http://www.rollingstone.com/music/news/lady-gaga-james-taylor-and-more-honor-carole-king-at-musicares-gala-20140125

Gene Simmons Voices Support for New Artists | Slyck News

We love Gene’s passion for new and developing artists to have the same opportunities he did.

The foxes have been led into the hen house, so people wonder why there’s so few chickens. It’s because you allowed your kids to go in there and steal the stuff for free, so record companies are dying and new bands don’t have a chance. And new bands should get every chance in the world, and if it means ‘The X Factor’ or ‘American Idol’ or any other kind of (outlet), give them a chance.

“I still think [downloading] is a crime. The sad part is that the fans are the ones who are killing the thing they love, great music. For f***ks sake, you’re not giving the next great band a chance. How much have we lost through illegal downloading?

READ THE FULL STORY AT SLYCK NEWS:
http://www.slyck.com/story2274_Gene_Simmons_Speaks_Out_Once_Again_About_Music_Piracy

Why Google Really is Evil | Fox Business News

There’s an old saying, sooner or later the truth will out.

It’s also clear that, after Schmidt joined Apple’s (AAPL) board of directors, Android magically evolved from a BlackBerry-like device with a physical keypad into essentially an iPhone clone with a virtual keypad and multitouch display.

Right up until the Federal Trade Commission forced him off Apple’s board in 2009, Schmidt maintained that Google was not really a competitor to Apple’s iPhone. Of course, Google followed Apple’s next breakthrough device, the iPad, with Android tablets which, presumably, weren’t competitors either.

You just can’t make this stuff up.

There’s so much more in the Fox story it really is endlessly fascinating, and not that we’re surprised.

Besides having founders and top executives with the ethical flexibility to stab one of its closest partners in the back with a classic bait-and-switch while disingenuously attempting to maintain a superior moral high ground, there’s even more evidence that Google is the most evil tech company since Microsoft was, back in the day.

It now appears inevitable that, at some point, Google will know more about you than you do. If you’re at all concerned about privacy, forget the NSA; it’s Google you should be worried about.

READ THE FULL STORY AT FOX BUSINESS:
http://www.foxbusiness.com/technology/2014/01/17/why-google-really-is-evil/

90%+ Of Artists Are Undiscovered | Next Big Sound

A lot of interesting 2013 Year End Data from Next Big Sound. We’ve been hearing a lot about how artists are going to be “empowered” by the internet and have new “middle class careers” without record labels. Thus far at over 13 years in, the numbers tell a very different story. We see more exploitation and less empowerment for professional sustainable careers.

All of the artists in our system were then grouped according to these benchmarks, and we found that an overwhelming number fall within the Undiscovered stage, in fact more than 90%. Close to 7% of the artists we are tracking are still Developing, but only about 1% of all the artists in our system can be considered Mainstream or even Mega stars.

Piracy has eliminated the incentive for investment in anything other than what can become the largest, most mainstream, major cross platform merchandising brands. The record labels have “adapted and evolved” to the reality of the new digital marketplace by building brands instead of bands that can be monetized over various platforms, like you know… t-shirts, touring, merchandising, endorsements, sync placements, etc.

Welcome to the future piracy brought you.

READ THE FULL REPORT AT NEXT BIG SOUND:
https://www.nextbigsound.com/industryreport/2013/

RELATED:

If the Internet is working for Musicians, Why aren’t more Musicians Working Professionally?

The Smoking Gun of Internet Exploitation of Musicians and Songwriters