FarePlay.Org – An Open Letter


Below is an open letter from FarePlay founder Will Buckley – Support FarePlay.
http://fareplay.org/
https://www.facebook.com/FarePlay

An open letter.

FarePlay is an advocacy group supporting the rights of individuals to control the distribution and sale of their Intellectual Property.

Our mission is to confront the misinformation and misperceptions voiced by illegal downloading proponents to justify their actions.

The proponents of online piracy would have you believe that illegal downloading is a victimless crime and they are “entitled” to distribute anyone’s work without permission.  They talk about wealthy super-stars and corporate greed to justify their action and would have you believe that without unrestricted, unlimited free access to copyrighted material no one would be aware of the great music and film that’s out there.

It is time the truth be told by the people whose lives are directly impacted; the creative community.

We need to involve the musicians and filmmakers and empower them to have an open discussion with their fans about the impossible challenges they face when people are unwilling to pay for their music and film.  An online community where artists can communicate with their fans about the importance of fan support without the fear of ridicule and recrimination.

Most importantly, we need to change the conversation.
Will Buckley
founder, FarePlay

CopyLike.Org – Pay Creators Like You Pay Everyone Else

Check out this great organization:
http://copylike.org/
https://www.facebook.com/copylike

It looks like you don’t want to pay
for us to create stuff you like.
Why do you pay everyone else?

Some people think there’s no harm in making illegal copies,
and the price of copies of our work should be zero.

They think only big companies love copyright, using it to do
evil things. That’s only part of the truth.

Copyright begins with the creator. It’s the only weapon
we have to force big companies to negotiate with us, instead of
just ripping us off.

You gave all your money to phone companies, internet service
providers, laptop manufacturers and enormous breweries.

There’s nothing left for us.

Defend Copyright.
It’s All We Have Left.
COPYLIKE.ORG

[ THE 101 ] [NEW BOSS / OLD BOSS ] [ARTISTS KNOW THEY ENEMY] [WALL OF SHAME]

The Trichordist Random Reader News & Links Sun Jun 10

Grab the Coffee!

This past weeks posts on The Trichordist;
* How Copyright Encourages Creativity In Hollywood
* Artists Know They Enemy, Who’s Ripping You Off and How…
* Google Tells Ari Emanuel To Change His Business
* Artist Exploitation Calculator – Internet Edition
* Musicians, What to do when you find your Lyrics on Pirate Lyric Sites
* CopyLike.Org – Evil Corporations, We Don’t Like Them

We discovered two Artists Rights groups this week definitely worthy of support:
http://copylike.org/
http://musikschaffende.ch/
and in English via Google Translate; http://bit.ly/Mx21tg

Electronic Musicians grapple with having their work being Illegally Exploited, Synthtopia reports:
http://www.synthtopia.com/content/2012/06/05/how-should-electronic-musicians-deal-with-file-sharing/

Billy Corgan and Noel Gallagher are quoted in this fantastic piece by the UK’s Guardian about the illegal exploitation of artists work on line and how the next generation of upcoming developing artists are negatively effects, well done;
http://www.guardian.co.uk/music/musicblog/2012/jun/08/behind-music-piracy-pop?CMP=twt_gu

Writer David Newhoff wrote a compelling piece this week for Copyright Alliance addressing the frequent “Copyleft” argument that copyright and free speech can not co-exist;
http://blog.copyrightalliance.org/2012/06/guest-post-is-copyright-a-threat-to-free-speech-by-david-newhoff/

Spotify was the subject of hot debate this week as both Digital Music News and Hypebot picked up and republished the current “Steaming Price Index” from The Trichordist;
http://digitalmusicnews.com/permalink/2012/120604youtube#5ArY3BUTQBtv273GLJ0Ddg
http://www.hypebot.com/hypebot/2012/06/an-indie-labels-shares-what-spotify-streaming-music-services-pay-them.html

Speaking of Spotify more and more artists are realizing the model is unsustainable, artists Hyland and Lewis discuss;
http://christianmusiczine.com/hyland-lewis-spotify/

We found this enlightening and ironic.  A Pirate Party Australia Spokesperson  is opposed to Spotify, guess they don’t like the competition. What does it say about a commercial legal service when the pirate party doesn’t like it for cutting in on their business?
http://olbrychtpalmer.net/2012/02/22/streaming-is-not-an-alternative-to-piracy/

Editor’s note:  Mr Olbrycht-palmer wrote us a very polite note begging to differ on our characterization above. He notes he was speaking for himself not in his official capacity as Press Officer for  PPAU.  We stand corrected! And it is duly noted.   He has written a thoughtful rebuttal to our piece here: http://olbrychtpalmer.net/2012/06/14/trichordist-strawmen/

Not surprising, the same people ripping off artists are also trying to rip off their governments. Once a thief, always a thief, good luck with that, Torrent Freak reports;
http://torrentfreak.com/bittorrent-admin-jailed-for-tax-evasion-on-site-donations-120605/

This one is so over the top it should be eligible for a Nyan Cat Award as presented by The Magic Beaver. TechDirt goes down the rabbit hole thinking about the likelihood of copyright infringement post-Singularity, pure comedy at it’s best;
http://www.techdirt.com/articles/20120523/04341919034/how-copyright-would-make-singularity-infringement-if-it-ever-arrived.shtml

[ THE 101 ] [NEW BOSS / OLD BOSS ] [ SPOTIFY ] [GROOVESHARK ] [ LARRY LESSIG ]
[ JOHN PERRY BARLOW ] [ HUMAN RIGHTS OF ARTISTS ] [ INFRINGEMENT IS THEFT ]
[ THE SKY IS RISING : MAGIC BEAVER EDITION ] [SF GATE BLUNDERS PIRACY FACTS ]
[ WHY ARENT MORE MUSICIANS WORKING ] [ ARTISTS FOR AN ETHICAL INTERNET ]

CopyLike.Org – Evil Corporations, We Don’t Like Them!

Check out this Organization:
http://copylike.org/
https://www.facebook.com/copylike

We know that there are
evil corporations in the world.
We don’t like them.

With copyright laws, we get to decide who can use our work,
and how much that have to pay for it.

If we want, we can give it away for free to our favourite charity,
or as a gift to our fans and supporters.

If a company wants our music, we can tell them yes or no.
If they steal it, we can take them to court.

That’s one of the reasons we like copyright.

Defend Copyright.
It’s All We Have Left.
COPYLIKE.ORG

Artist Exploitation Calculator – Internet Edition

If there is any doubt left in anyone’s mind about the Exploitation Economy ripping off artists, this fantastic website shows the estimated revenue generated for commercial businesses on the backs of artists and creators without paying the artists a single penny.

Stat Show:
http://www.statshow.com/

The Pirate Bay – $14 Million Dollars Annually Estimated
http://www.statshow.com/thepiratebay.se

4 Shared – $11 Million Dollars Annually Estimated
http://www.statshow.com/4shared.com

Iso Hunt – $4 Million Dollars Annually Estimated
http://www.statshow.com/isohunt.com

And that’s just the tip of the iceberg, we also recommend reading:

Artists, Know They Enemy:
https://thetrichordist.wordpress.com/2012/06/05/artists-know-thy-enemy/

Ethical Fan – Wall Off Shame:
http://ethicalfan.com/2012/04/wall-of-shame-april-2012/

[ WHY ARENT MORE MUSICIANS WORKING ] [ ARTISTS FOR AN ETHICAL INTERNET ]
[ THE SKY IS RISING : MAGIC BEAVER EDITION ] [SF GATE BLUNDERS PIRACY FACTS ]
[ THE 101 ] [NEW BOSS / OLD BOSS ] [ SPOTIFY ] [GROOVESHARK ] [ LARRY LESSIG ]
[ JOHN PERRY BARLOW ] [ HUMAN RIGHTS OF ARTISTS ] [ INFRINGEMENT IS THEFT ]

Artists, Know Thy Enemy – Who’s Ripping You Off and How…

Musicians have been getting the short end of the stick for a long time. There are no shortage of stories about the wrong doings of managers, booking agents, etc and of course record labels.

But today we find ourselves in a battle with an enemy few of us understand. If we were to believe the writings and ramblings of the tech blogosphere, than they would have us believe that our enemy is our fans. This is simply not true.

The enemy are the for profit businesses making money from our recordings and songwriting illegally. Let’s be clear about this, our battle is with businesses ripping us off by illegally exploiting our work for profit. This is not about our fans. It is about commercial companies in the businesses of profiting from our work, paying us nothing and then telling us to blame our fans. That is the ultimate in cowardice and dishonesty.

Who are these companies? You know some of them, the ones that have been prosecuted and are no longer operating, Napster, Limewire, Grokster and Kazaa to name a few. Some have been convicted of operating illegally and are running from the law, switching servers to jurisdictions outside the reach of justice, such as The Pirate Bay. And, there are other still others who have yet to go to trial like Megaupload who alone made a billion for it’s owner Kim Dotcom who paid artists nothing, nadda, zero, zilch, zippo…

Our friends over at Ethical Fan recently published a Wall of Shame showing not only the sites who are profiting, but also who is paying for the advertising. This is no different than your music being used in a TV Commercial by AT&T, Time Warner, Verizon, State Farm Insurance, etc. Virtually all of these Artist Exploitation sites such as The Pirate Bay, Demonoid, Iso Hunt and others are operating for profit. Again, this is not about fans sharing, this is about illegally operating businesses making millions (and more likely Billions collectively) of dollars a year from the exploitation of artists work and not sharing any of the revenue with artists.

To the uninitiated, it might seem odd that what seems like a simple question of right or wrong is even being debated, but these sites that exploit artists are supported and promoted by faux civil liberty groups opposed to protecting creators rights — and internet giants are happy to throw their support behind them. Together, they have crafted a narrative of creator rights as quaint and outdated, offering artists a brave new online world where they can throw off the shackles of labels (or publishers, or studios, etc.) and give away their work to find fame and fortune. However, after a decade of half baked ideas, faulty business models, and outright lies, we know this is simply untrue. If the internet is working for musicians, why aren’t more musicians working professionally?

We may not always be fans of record labels, but at least the labels negotiate contracts, pay advances, market and promote artists, and are contractually accountable for wrong doing. However, the Artist Exploitation sites who are operating illegally and completely above the law are making 100% of the money from work created by musicians and artists. We would love to see the day when these sites license music legally, governed by fairly negotiated contracts.

Being able to collect 100% of the money from exploiting the work of artists is no doubt profitable when these companies don’t have to share any of that money with the artists themselves. This is expressly why copyright exists, specifically to protect artists and musicians from corporate interests who would illegally exploit the artist for profit. This is why record labels, publishing companies as well as the producers of films and television must negotiate with artists for the use of their work. And the artist has the free agency to decline. The artist has no such enforceable rights online today in the Exploitation Economy.

In other words, artists, creators and musicians have become road kill on the information super highway.

Opponents of the enforcement of Artists Rights online often cite what a powerful tool the internet is for distributing music cheaply. We are encouraged by many new and promising services to musicians that are being developed. But is absolutely false to assert that an artist’s work must be exploited illegally for the artists to enjoy the benefits of the internet.

Nothing is stopping any artist from sharing or giving away their work online through legitimate sites such as Soundcloud and Bandcamp.  Artists have the full right and capability to distribute their work freely, and by choice without having to be exploited illegally to the benefit and profit of an exploitative  company or corporation.

This is not about being for, or against technology or the internet, this is about being opposed to illegally operating businesses on the internet exploiting artists for commercial gain. It’s really just that simple. 

Those attacking Artists Rights also want you to believe that if you want to be paid you must be against technology and for censorship. Nothing could be more wrong. The internet is a amazing tool and most musicians we know are also early adopters of new technology (especially of the musical variety!). More so, it was artists and record labels who have historically fought against censorship and for freedom of expression. No where was this been more evident than in the 90’s battles against the PMRC in regards to record labeling with “Explicit Lyrics” stickers. Many artists have been on the front line of the battle for freedom of expression such as ICE-T, Jane’s Addiction and many others.

Let’s be clear, there is a difference between protecting the right to the freedom of expression, and profiting from the illegal exploitation of that expression itself.

In other words, artists and musicians are champions of freedom of expression and new technology. The only question that we ask is, is the use of the technology legal and does it respect artists rights as expressed in copyright. Copyright serves as the foundation that enables an artist the free agency to make the choices for themselves that are meaningful to them. Without the enforcement of copyright artists are bullied into forced collectivism by the new gate keepers who control the access to distribution revenues of music exploited illegally.

An economy built on the illegal exploitation of artists, is very simply an Exploitation Economy.

Any wrong doing of illegally operating businesses ripping off artists and illegally exploiting their work should be held accountable, even if they are on the internet.

How Copyright Encourages Creativity and Opportunity in Hollywood

We hear a lot from the copyleft and opponents of Artist’s Rights that copyright stifles creativity, but this is simply not true. We’re not going to go down the tired road of the arguments about remixing, which can be read in this excellent article at Copyhype titled, “Remix Without Romance.

The truth is, the best ecosystem for creativity is the one where all stakeholders are compensated. This is why in the early 90s sample clearance statutes were defined, and as a result we’ve seen some of the most innovative music, in the history of recorded music. This creativity has been achieved legally by creating fair and balanced policy. Historically, that is how policy evolves, such as it did with phonographs and radio — when both were getting off the ground, the law eventually recognized that artists have a right to be compensated, and both eventually flourished, also benefiting all stakeholders.

There are also other areas where copyright encourages creativity and innovation, as opposed to the illegal exploitation of previously existing works. We had an interesting conversation recently with one of our friends who is a music supervisor working on major feature films.

What they noted as being interesting is that many of the people opposed to Artist’s Rights and fair compensation on the internet often cite the use of licensing music to films as a potential revenue stream for developing artists. This is one thing we can agree with them on, but the revenue is only possible because of the very copyright laws that the copyleft are opposed to.

What if “sharing” extended to all uses of the artists work? What if Hollywood producers were able to illegal exploit artists work with impunity the same way The Pirate Bay and other illegally operating businesses do? How does it work when no one ever has to compensate artists for the commercial exploitation of their work? And yet, this is essentially what is proposed by those on the copyleft  who are opposed to Artists Rights!

Proposing that the rules of fairness and ethics applied respectfully and legally in Hollywood for music licensing do not apply to companies online is a self-serving double standard promoted by the illegally operating internet businesses to serve their own agenda and profits. The irony of course is that these same people often attack Hollywood as being unfair to artists.

It is the very Right of the artist to choose how their work is used and distributed that allows for new creativity and opportunities. We’ve been told that there are many times when working on a major motion picture there will be the desire to use a song by a very well known artist. Sometimes this song may be a massive current hit, or perhaps an iconic older song that has a deep nostalgic value. In either case, the production can not simply use the first and perhaps most obvious choice for the film.

The creators of the song, that is the songwriters and the performers of the recording, must first be consulted and approve of the use. Once the use is approved, the songwriters and performers (or their respective representatives) also get to negotiate the fee and terms of the use.

As creators who respect the Rights of others, and the law which protects creators, those who work in film music are often faced with situations, where for whatever reason, the song first selected for the use in a film is not approved. We don’t see these people going around whining about how unfair it is that they can’t use something against the artist’s wishes. They don’t go around whining about how the law is unfair because it protects the artist’s choice to participate or not.

Perhaps the artist does not feel the film represents them in a way that they want to be represented. Perhaps the artist feels they bring more value to the proposed use than the film’s producers do. It’s all about respecting the Artist’s Right to chose.

Whatever the case, those in Hollywood do not just exploit the artist’s song illegally and then complain that those who disagree with them are dinosaurs and “don’t get it.” Instead what they do in Hollywood is, they get creative.

Hollywood respects the artist and innovates! True creativity and innovation is working within the limitations presented and seeking new opportunities that would not have been discovered from constant unlimited access to the low hanging fruit and the path of least resistance. It’s always exciting to see the prospect of discovering new talent that can create fantastic new music to compliment a cinematic expression. This is not something to complain about, it’s something to be celebrated. A film like Drive,  illustrates this concept very well by featuring what were, largely unknown indie and DIY artists.

So when an artist of major stature or iconic acclaim disagrees with the vision of filmmakers for the use of their song, it just means that an opportunity has been created for another artist! This is the way it should be.

When we hear people talking about how copyright stifles creativity and opportunity, we have to wonder what their actual experience is working with artists and respecting their Rights?

There is nothing respectful about the state of the online exploitation economy that takes from artists without consent or compensation. Artists Rights are expressed in copyright to protect creators from being taken advantage of by companies and corporations who otherwise would illegally profit from the artists work with impunity. This is the sad truth of how artists are being treated by illegally operating businesses online.

So the next time some tech blogger wants to point to Hollywood as exploiting artists, I think they should be looking in the mirror. Thus far, at a little over a decade in, there has been no greater disrespect to artists rights than the rampant illegal exploitation of artists online, and for profit.

As illustrated above, there’s no reason why companies, corporations and commercial business online should be able to exploit artists work without consent or compensation.

 

[ THE 101 ] [NEW BOSS / OLD BOSS ] [ SPOTIFY ] [GROOVESHARK ] [ LARRY LESSIG ]
[ JOHN PERRY BARLOW ] [ HUMAN RIGHTS OF ARTISTS ] [ INFRINGEMENT IS THEFT ]
[ THE SKY IS RISING : MAGIC BEAVER EDITION ] [SF GATE BLUNDERS PIRACY FACTS ]
[ WHY ARENT MORE MUSICIANS WORKING ] [ ARTISTS FOR AN ETHICAL INTERNET ]

The Trichordist Random Reader News & Links Sun Jun 3

Grab the Coffee!

Always insightful and entertaining Ari Emanuel appeared at All things Digital’s D10 Conference this week;
http://allthingsd.com/20120530/piracy-google-and-facebook-crowdfunding-ari-emanuel-lets-loose-at-d10-video/

That didn’t take long, Google’s “Transparency Report” on DMCA take downs shown to be anything but, Digital Music News Reports;
http://digitalmusicnews.com/permalink/2012/120530google#fUlcabN7GvqiQpWr0W4oqQ

And, another look at Google’s Transparency Masquerade, Ethical Fan reports;
http://ethicalfan.com/2012/05/googles-transparency-masquerade/

A fantastic piece about how the EFF has lost it’s way, TechCrunch Reports;
http://techcrunch.com/2010/01/16/how-the-eff-lost-its-way-by-defending-hate-mongers-and-tunnel-rats/

Andrew Keen has a new book, Digital Vertigo;
http://www.amazon.com/Digital-Vertigo-Revolution-Diminishing-Disorienting/dp/0312624980

The US Chamber of Congress released a new report this week, “IP Creates Jobs For America.”;
http://www.theglobalipcenter.com/ipcreatesjobs

Digital Music News reports that despite the “internet hype” traditional media still dominates;
http://digitalmusicnews.com/permalink/2012/120530mtv#OWeHeQ8_oNVQJi7JOPaSGA

Sean Parker & Daniel Ek Dance Around What Artists Get Paid On Spotify, Hypebot reports;
http://www.hypebot.com/hypebot/2012/05/watch-sean-parker-daniel-ek-dance-around-what-artists-get-paid-on-spotify-video.html

An interesting look at the growing pains of YouTube Celebrities, Gigaom reports;
http://gigaom.com/video/how-phil-defranco-plans-to-save-youtube/

Corante picks up David Lowery’s “New Boss, Old Boss” and writer Alan Wexelblat largely agrees with him, “he [Lowery] also hits on a couple of points I’ve made in other Copyfight posts: artists need to get paid, and that includes the large and often invisible team behind the guy in the spotlight. Digital downloads are not returning large amounts to artists. Gatekeeper companies, particularly Apple, are taking a big chunk of the dollars spent through them – in some cases a bigger chunk than a standard label would have taken. Tech companies are astonishingly hypocritical in the cavalier way they treat copyrights and the covetous way they treat their own patents. “
http://copyfight.corante.com/archives/2012/05/29/freehadists_the_new_boss_and_another_point_of_view.php

Ari Emanuel at D10;

Sean Parker and Daniel Ek at D10;

[ THE 101 ] [NEW BOSS / OLD BOSS ] [ SPOTIFY ] [GROOVESHARK ] [ LARRY LESSIG ]
[ JOHN PERRY BARLOW ] [ HUMAN RIGHTS OF ARTISTS ] [ INFRINGEMENT IS THEFT ]
[ THE SKY IS RISING : MAGIC BEAVER EDITION ] [SF GATE BLUNDERS PIRACY FACTS ]
[ WHY ARENT MORE MUSICIANS WORKING ] [ ARTISTS FOR AN ETHICAL INTERNET ]

Musicians POV : 1,000 True Fans (an answer)

by Robert Rich
(re-posted by permission, copyright in the author)

1000 True Fans (an answer)

A few days ago, I got a question from Kevin Kelly (founding editor of Wired Magazine) asking me to give some real-world insight upon his theory that an internet-age artist can survive with around 1,000 “True Fans.” Stephen Hill from Hearts of Space had suggested that Kevin should contact Steve Roach and me because we each have been surviving in a likewise manor for a rather long time. I decided to write a long and carefully worded answer, speaking as close to the truth as I could. I recommend you read the original article that I’m responding to, if this interests you. It’s at http://www.kk.org/thetechnium/archives/2008/03/1000_true_fans.php<http://www.kk.org/thetechnium/archives/2008/03/1000_true_fans.php>

Get ready for a long diatribe that might involve you, if you listen to my music. I’m exposing some rather private stuff about real-life finances and the life of a full-time artist. I feel that the only way to communicate these ideas uses naked truth:

=====

Dear Kevin,

I agree strongly with your basic thesis, that artists can survive on the cusp of the long tail by nurturing the help of dedicated fans; but perhaps I can modulate your welcome optimism with a light dose of realism, tempered by some personal reflections.

I have operated on a premise similar to yours for almost 30 years now, before the internet made the idea more feasible. I wanted to make the sort of uncompromising quiet introspective music that moved me deeply when I first heard others do it back in the mid ’70′s. Because of the lingering aftermath of the popularization of psychedelic culture, certain memes leaked out from the avant garde into pop culture, and publishers from the old model were willing to try marketing experimental art-forms to the mainstream. Thus, into the mind of a suburban adolescent growing up in Silicon Valley, merged the unlikely combination of European space-music, minimalism, baroque, world music and industrial/punk, most of which received the benefits of worldwide distribution and marketing – even though we all considered it “underground” at the time.

That means, I grew up as a benefactor of the old system, before demographic marketing analysis helped to cripple the spread of radical thought across subcultural boundaries. I realized from this leakage of experimental culture into the mainstream, that I wanted to be an artist like the ones that moved me deeply. I wanted to speak my personal truth, regardless of the cost. I wanted to serve the role of a modern shaman, while embracing the complexities and ironies of our modern world.

When one sets a course like this, one quickly ponders the financial realities of obscurity. I remember telling myself when I was about 15, “If I can move one person deeply, that’s better than entertaining thousands of people but leaving nothing meaningful behind.” That’s the long tail talking. I suppose when you multiply this idea by a thousand, you have your thesis.

I began self-publishing my music in 1981, struggling to get paid from slippery distributors, trying to keep track of all the shops where I had my albums on consignment. I was relieved over the years when a couple small labels showed interest in helping me, and I could avail myself of their infrastructure. I think I benefitted immensely from this exposure, through labels like Hearts of Space and smaller ones in Europe. I feel in retrospect like I snuck in under the collapsing framework of independent distribution, at a time where small companies could cast a medium-sized fishing net, to catch the interest of listeners who would otherwise never have known they liked this type of music.

If it weren’t for that brief window of exposure, I doubt I would have my “1,000 True Fans” and I would probably have kept my day job. If I hadn’t also developed skills in audio engineering and mastering, I would be hungry indeed. If it weren’t for the expansion of the internet and new means of distribution and promotion, I would have given up a long time ago. In this sense, I agree wholeheartedly that new technologies have opened the door for artists like me to survive. But it’s a constant struggle.

The sort of artist who survives at the long tail is the sort who would be happy doing nothing else, who willingly sacrifices security and comfort for the chance to communicate something meaningful, hoping to catch the attention of those few in the world who seek what they also find meaningful. It’s a somewhat solitary existence, a bit like a lighthouse keeper throwing a beam out into the darkness, in faith that this action might help someone unseen.

Now in my mid-forties, I still drive myself around the country for a few months every year or so, playing small concerts that range in audience from 30 to 300 people. I’m my own booking agent, my own manager, my own contract attorney, my own driver, my own roadie. I sleep on people’s couches, or occasionally enjoy the luxuries of Motel 6.

In your article you quote the term “microcelebrities” which rings ironically true to me. I suppose I experience a bit of that, when some of the 600 people whom I see on tour come up to me after a show and tell me that my music is very important to them, that it saved their life, that they can’t imagine why I’m not performing in posh 3,000 seat theaters rather than this art gallery or that planetarium or library.

In reality the life of a “microcelebrity” resembles more the fate of Sisyphus, whose boulder rolls back down the mountain every time he reaches the summit. After every tour I feel exhausted but empowered by the thought that a few people really care a lot about this music. Yet, a few months later all is quiet again and CD/download sales slow down again. If I take the time to concentrate for a year on what I hope to be a breakthrough album, that time of silence widens out into a gaping hole and interest seems to fade. When I finally do release something that I feel to be a bold new direction, I manage only to sell it to the same 1,000 True Fans. The boulder sits back at the bottom of the mountain and it’s time to start rolling it up again.

So let’s look a bit at the finances. If I can make about $5-$10 per download or directly sold CD, and I sell 1000, I clear a maximum of $10,000 for that year’s effort. That’s not a living. Let’s say, after 20 concerts I net about $10,000 for three to four months worth of full time effort. That’s not a living.

In my case I’m lucky. I can can augment that paltry income through some of the added benefits of “microcelebrity” including licensing fees for sample clearance and film use rights, sound design libraries, and supplemental income from studio mastering and engineering fees. So, I make about as much money as our local garbage man; and I don’t smell as bad after a day of work. (Note that if copyright laws vanished then much of that trickle of supplemental income would dry up, so you might imagine I have mixed feelings about both sides of the free-information debate.)

Thanks to the internet, I am making more money now, selling directly to 1000 True Fans, than I was during the days on Hearts of Space selling 20,000 – 50,000 copies. But had I not benefited from the immense promotional effort that it took for HOS to sell those albums, I probably wouldn’t be surviving today as a full time artist.

A further caveat: it’s easy to get trapped into the expectations of these True Fans, and with such a tenuous income stream, an artist risks poverty by pushing too far beyond the boundaries of style or preconceptions. I suppose I have a bit of a reputation for being one of those divergent – perhaps unpredictable – artists, and from that perspective I see a bit of a Catch 22 between ignoring those expectations or pandering to them. If we play to the same 1000 people, and keep doing the same basic thing, eventually the Fans become sated and don’t feel a need to purchase this year’s model, when it’s almost identical to last year’s but in a slightly different shade of black. Yet when the Fans’ Favorite Artist starts pushing past the comfort zone of what made them True Fans to begin with, they are just as likely to move their attention onwards within the box that makes them comfortable. Damned if you do or don’t.

I don’t want to be a tadpole in a shrinking puddle. When the audience is so small, one consequence of specialization is extinction. I’ll try to explain.

Evolutionary biology shows us one metaphor for this trap of stylistic boundaries, in terms of species diversity and inbreeding (ref. E.O. Wilson). When a species sub-population becomes isolated, its traits start to diverge from the larger group to eventually form a new species. Yet under these conditions of isolation, genetic diversity can decrease and the new environmentally specialized group becomes more easily threatened by environmental changes. The larger the population, the less risk it faces of inbreeding. If that population stays connected to the main group of its species, it has the least chance of overspecialization and the most chance for survival in multiple environments.

This metaphor becomes relevant to Artists and True Fans because our culture can get obsessed with ideas of style and demographic. When an artist relies on such intense personal commitment from such a small population of Fans, it’s like an animal that relies solely upon the fruit of one tree to survive. This is a recipe for extinction. Distinctions between demographics resemble mountain ranges set up to divide one population from another. I prefer a world where no barriers exist between audiences as they define themselves and the art they love. I want a world of mutts and cross-polinators. I would feel more comfortable if I thought I had a broader base of people interested in my work, not just preaching to the choir.

Indeed the internet is a tool that allows artists to broaden their audience, and allows individuals in the audience to broaden their tastes, to explore new styles, to seek that which surprises them – if they want surprise, that is. The internet can also give us tools more narrowly to target specific demographics and to strengthen those assumptions that prevent acceptance of new ideas, nudging people towards algorithmically determined tastes or styles. Companies can use demographic models and track people’s search patterns to pander to their initial tastes and to strengthen those tastes, rather than broaden their horizons. This problem doesn’t lie within the technology of the internet, but within the realities of capitalism and human psychology.

Like most technologies, the internet is morally neutral and we can better use its powers to assist the broadening of artistic expression, to assist minority artists to make a better living by communicating directly with their audience, to create tools that help people discover the surprising and iconoclastic, rather than to reinforce only that which supports their existing inclinations. Starving artists will probably remain starving, although perhaps with new tools to dig themselves a humble shelter; and as in the past, some of these artists will use those tools to build sand castles or works of great art.

Robert Rich,

===

Specific answers to original questions:

Q: Specifically, if you think you have a following of “true fans”, how big is that following?

A: About 600 “true fans” and 2000 seriously following listeners… and an unknown halo of others on the outer fringe. My database has about 4,000 names but I only hear from most of these people every few years. Occasionally someone new shows up and buys everything I ever made. It’s not a simple answer. For example I know I have at least 500+ serious fans in Russia who never paid me for anything, because they get it all as bootlegs. My 4 or 5 “True Fans” in Russia inform me of these things. Many “fans” don’t feel compelled to pay for the art that moves them, or perhaps they cannot pay because of economic circumstances or the inverse laws of convenience.

Q: What percentage of your annual revenue comes from them?

A: About 30% give or take

Q: Could you estimate how much a typical “true fan” spends on you in a year?

A: $14-40 depending on the number of releases I put out

Q: Are you taking advantage of new production/distribution technologies?

A: Yes, always or whenever possible within my means and schedule.

Q: If so, how is that affecting the type and quantity of what you offer your fans?

A: More stuff, lower quality, lower price. Not a direction that interests me. There is already too much crap out there, I don’t want to contribute to the informational rubbish heap.

Q: How has it affected your relationship with your “true fans”‘ and your “true fan” count?

A: Incoming number of new “fans” roughly matches attrition, perhaps. I am certainly able to communicate more directly with each individual, but that also means I have less time in the day to actually create new art (half the day doing email is not unusual.) Digital distribution seems to lower perceived value and desirability. Ease of access reduces any sense that it’s special or personal. Compressed audio quality and lack of physical artwork create the sense of a lowering in collectible value. I try hard to counteract these forces with high quality audio and informing listeners about the importance of the source… but people don’t always think about the details.

Before I sign off …. A passing thought about “freedom of information” as it relates to the “Gift Economy”: When information is free, always question what the information provider has to gain from its consumption. William S. Burroughs’ rants on Material’s Hallucination Engine (Words of Advice for Young People): “Beware the whore who says she doesn’t want money. To hell she doesn’t want money. She wants MORE money. Lot’s more money.” Just an ironic word of caution that the gift economy is funded in large part by advertising!

Yet, on a kinder note, I know that many internet developments, and many artistic efforts, are driven by a sense of duty or perhaps a need to help push the world forward into a better place (knowing of course that the military funded ARPAnet, so tools for killing people can also play a productive role.) I embrace and welcome any communal and life-affirming sentiment and consider myself part of it. I just try not to be naive about the stuff I see out there masquerading as something other than advertising.

Much Respect – Robert Rich

[Editor’s Note : this was originally posted by Robert on his blog on April 18, 2008]

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[ THE 101 ] [NEW BOSS / OLD BOSS ] [ SPOTIFY ] [GROOVESHARK ] [ LARRY LESSIG ]
[ JOHN PERRY BARLOW ] [ HUMAN RIGHTS OF ARTISTS ] [ INFRINGEMENT IS THEFT ]
[ THE SKY IS RISING : MAGIC BEAVER EDITION ] [SF GATE BLUNDERS PIRACY FACTS ]
[ WHY ARENT MORE MUSICIANS WORKING ] [ ARTISTS FOR AN ETHICAL INTERNET ]

The Trichordist Random Reader Weekly News & Links Sun May 27

Grab the Coffee!

If you have not visited EthicalFan.com, please do so – it is a wealth of information for Creators and Artists Rights!
http://ethicalfan.com/

The ongoing Amanda Palmer experiment (like those previously done by NIN and Radiohead) continues it’s fascination in the media, interestingly, this week Palmer had this comment,“i don’t want this album to be remembered as “the kickstarter record.” i do want this record to explode. and i want this record to explode because it is awesome.” Read more on her Kickstarter Blog:
http://www.kickstarter.com/projects/amandapalmer/amanda-palmer-the-new-record-art-book-and-tour/posts
/233954

Those illegally exploiting artists work commercially without consent or compensation insist that they are providing “advertising” for the creator, but yet the largest, most popular internet site in the world (Face Book) just lost $10m in advertising funding from GM due to ineffectiveness… a forth coming post will explore in more depth, for now, Forbes reports:
http://www.forbes.com/sites/joannmuller/2012/05/15/gm-says-facebook-ads-dont-work-pulls-10-million-account/

Related to the above is the fascinating insight of how valuable web traffic is (or rather is not) in helping to promote creative works. Cartoonist Lars Martinson experienced at 25,000% increase in traffic on his website and only sold 23 e-books as a result, details from the artist’s blog here:
http://larsmartinson.com/3-things-i-learned-when-my-sites-traffic-increased-25000-in-one-day/

This week Google revealed stats on DMCA takedown requests for it’s web search – over 300,000 per week and climbing, Tech Blogs respond, “What Problem?”, Digital Music News reports:
http://www.digitalmusicnews.com/permalink/2012/120524google

Another interesting piece from Digital Music News, if you want your music to be valued, start by valuing it yourself and charging for it:
http://www.digitalmusicnews.com/permalink/2012/120526charge

We found this debate between German pop star Jan Delay and Christopher Lauer, a Pirate Party member of the Berlin state parliament interesting, given that the Pirate Part does not want to “put all copyright holders out of work.” No, they would just like to “change the rules regarding copyright holders and distributors.” Right, change the rules so people don’t get paid… Fascinating… Germany’s Spiegel reports:
http://www.spiegel.de/international/zeitgeist/german-pop-artist-debates-pirate-party-politician-about-file-sharing-a-828588.html

Publishers Association chief executive Richard Mollet speaks up on Artists Rights, The Bookseller reports:
http://www.thebookseller.com/news/pa-criticises-tawdry-theft-copyright.html

Filmmaker David Newhoff responds to the Supreme Court decision to not hear the appeal request in the Tenenbaum case, “What the children of the digital age need to learn as they are now entering the world of grown-ups is that it’s not the song or the movie or the book they’re stealing, but the rights of the creator.” Seems like common sense, more at David’s blog:
http://davidnewhoff.com/2012/05/22/its-not-the-song-stupid-its-the-right/

Music Tech Policy reports on Google’s on going anti-labor attempts at Union-Busting:
http://musictechpolicy.wordpress.com/2012/05/27/mr-dont-be-evil-has-a-new-one-ycombinator-says-kill-hollywood-starting-with-the-unions/

We discovered this week that many artists are unaware of this service that allows DIY artists without a label to report venue sales to Soundscan:
http://www.indiehitmaker.com/Indiehitmaker_Report_Sales.html

We were particularly inspired this week by the courage of a wounded Israeli soldier turned musician:
http://www.jewishjournal.com/community/article/israeli_soldiers_survival_music_inspire_youth_at_vista_20090506/

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[ THE 101 ] [NEW BOSS / OLD BOSS ] [ SPOTIFY ] [GROOVESHARK ] [ LARRY LESSIG ]
[ JOHN PERRY BARLOW ] [ HUMAN RIGHTS OF ARTISTS ] [ INFRINGEMENT IS THEFT ]
[ THE SKY IS RISING : MAGIC BEAVER EDITION ] [SF GATE BLUNDERS PIRACY FACTS ]
[ WHY ARENT MORE MUSICIANS WORKING ] [ ARTISTS FOR AN ETHICAL INTERNET ]