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

Musicians POV: Songwriters: How to find yourselves on pirate lyric sites and what to do about it

We’ve all heard about Bit Torrent sites like the Pirate Bay, Isohunt, Megavideos.  One kind of site we haven’t heard much about is lyric sites.  These are often large websites with heavy traffic that are text based and advertising supported.

How do you find these sites?  One good way is to search for yourself and your song title on Google.  Google will helpfully deliver you the top illegal lyric sites so you can move right along.  Or you could set up a Google alert for your songs and Google will deliver directly to you the information that they know about already.  Nice and neat package.

Let’s take Lyrics007.com for example.  This is an illegal site that has the lyrics from 1,000s of songs, allows users to create ringtones for “free” (or so they say, we haven’t clicked on those links because who knows what might happen), and lyrics.com is ad supported.

So search for your song in the search box and see if it comes back.  Even if you are not a rock star, you will probably be in the database if you have ever released your lyrics online (like on your own website for example).  When you find your songs, you will notice that your song lyric will be surrounded by advertising.  In the case of Lyrics007.com, it looks like Google has an exclusive on serving advertising to the site, because advertising for Google Play, Google’s music service that had a hard time launching because the music community believed that Google profits from piracy.

You’ll also see a variety of Google ads (hover over the ad and you will see a web address for the ad which will have the name “google” or “doubleclick” in the URL–Google owns Doublclick thanks to the antitrust authoritites).  There will also be ads for “AdChoices” which is also a Google adserving company.  These ads are generating revenue for the ad publisher (Lyrics007) and for Google.  Presumably also for the advertiser, such as McDonalds, Warped Tour and H2O Festival that we saw.

You can find out who is the registrant of the site by searching the WHOIS database at a registry, such as Network Solutions http://www.networksolutions.com/whois-search/lyrics007.com:

The site is registered to HICHINA ZHICHENG TECHNOLOGY LTD.  In China.  But Lyrics007 is in the top 2500 websites in the US according to Alexa.

So what can you do about this?  Not much.  One thing you can do is take a screen capture of your lyrics and email it to us for the Wall of Shame and we will keep others abreast of what you are finding.  Make sure you get the ads included in the screen shot, but be careful what you click on.

We are particularly interested in screen captures of advertising by big brands (like McDonalds below).  Email them to us and we will post the best ones!

Like this:

Or this:

[ JOHN PERRY BARLOW ] [ HUMAN RIGHTS OF ARTISTS ] [ INFRINGEMENT IS THEFT ]

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 ]

Nothing Says Freedom Like Getting Away With It: Google Tells Ari Emanuel to Change His Business

Americans are freedom loving people, and nothing says “freedom” like getting away with it….
Long Long Time, written by Guy Forsyth

Ari Emanuel spoke at the D10 conference recently which tells you something right there.  He has a far greater tolerance for bull than we do.

It’s probably easier to catch the engrained bias toward piracy amongst the Silicon Valley cognoscenti and the journalists who protect them when you are watching it on playback than when you are on the stage, take this for an example.

The most interesting reaction came from Mr. Emanuel’s statement about Google that boils down to what we all know:  Google’s business is in large part built on illegal stuff, including piracy.  (See Google drugs nonprosecution agreement antitrust claims in the US, Europe and South Korea; human trafficking complaints; Wi-Spy scandal in the UK, Germany, US, France, South Korea; major litigation losses in the Google Books and YouTube litigation; attempts to destroy unions; stockholder lawsuits for mismanagement by the 10 votes per share insider group that spent $500,000,000 of company money to stay out of a drug prosecution, etc.)

Mr. Emanuel said that Google filters child pornography with no problem because they can and because it’s the right thing to do–so there are limits to even what Google is willing to profit from.

Mr. Emanuel says that a comparable solution for content from illegal sites is also the right thing to do.  Google fails miserably to do so, to their great profit.  Mr. Emanuel would prefer that they did not.

Google’s answer was the usual “catch me if you can” that we have heard from Google for years as they profit from piracy.  What Google wants the creative community to do is take time–a lot of time–away from making movies, television shows, writing books and songs and making music and chase Google to stop them before they infringe again.

This is essentially the same losing argument that Google made to Judge Denny Chin in the Google Books case last week to try to force authors and photographers to sue Google individually and work by work rather than through their associations.  Judge Chin got it immediately—it’s not that Google wants hundreds of thousands if not millions of claims by authors.  It’s that Google’s bet is that they will only be sued by a handful who can afford it.

It seems clear that this is the same strategy Google has used for years–Google thinks this is the best way to get away with it.

I agree with Judge Chin that Google must hope that few of the authors and photographers  will have the ability to catch Google stealing and sue them for it.  This is the point.  And the argument didn’t work with Judge Chin and it didn’t work with Mr. Emanuel, either.  Nor should it work with any fair minded person.

Which is why Mr. Emanuel suggests that Google do the right thing, as Apple does, as Microsoft does, and as a host of other tech companies do.

According to the Hollywood Reporter, Sergei Brin’s sister-in-law, Google’s Susan Wojcicki responded thusly to Mr. Emanuel’s charge that Google profits from piracy:

Google [Senior Vice President of Advertising] Susan Wojcicki said: “I think he was misinformed, very misinformed,” Wojcicki responded Thursday at the D10 conference. “We do not want to be building a business based on piracy.”

While child pornography is easily spotted, “When I see content, I don’t know if you own the copyright,” she said.

First of all, Mr. Emanuel was not misinformed at all.  As we have seen again and again in many different examples across its advertising business, Google intends to profit from anything that is not nailed down.

As the Wall Street Journal reported earlier this year, senior Google executives aided and abetted the importation of controlled substances from Mexico, China and many other countries, drugs like human growth hormone, steroids and the abortion drug RU 486—and no one was misinformed about that, either:

[A whistleblower] fled to Mexico in 2006 and started an Internet pharmacy, selling steroids and human growth hormone to U.S. consumers through Google ads….”It was very obvious to Google that my website was not a licensed pharmacy,” [the whistleblower] wrote to the Journal. “Understanding this, Google provided me with a very generous credit line and allowed me to set my target advertising directly to American consumers.”

Posing as the fictitious Jason Corriente, an agent for advertisers with lots of money to spend, [the whistleblower worked with federal agents and] bypassed Google’s automated advertising system to reach flesh-and-blood ad executives. Federal agents created http://www.SportsDrugs.net, designed to look “as if a Mexican drug lord had built a website to sell [human growth hormone] and steroids,” [the whistleblower] said in his account of the sting.

Google first rejected it, along with an anti-aging website called http://www.NotGrowingOldEasy.com. But the company’s ad executives worked with [the whistleblower] to find a way around Google rules….Federal agents…[created a] site selling the abortion pill RU-486, which in the U.S. can only be taken in a doctor’s office.

By the end of the operation in mid-2009, agents were buying Google ads for sites purportedly selling such prescription-only narcotics as oxycodone and hydrocodone. Agents also got Google’s sales office in China to approve a site selling Prozac and Valium to U.S. customers without a prescription.

As a tape recorder ran, [the whistleblower] walked Google executives through the illegal parts of the websites. He said he told ad executives that U.S. Customs had seized shipments, for example, and that one client wanted to be “the biggest steroid dealer in the United States.”

“Suffice to say this was not two or three rogue employees at the customer service level doing this on their own,” said Mr. Neronha, the U.S. attorney. “This was corporate decision to engage in this conduct.”  [Mr. Neronha was quoted in a different Journal article saying that the decisions went up to Larry Page.]

Six private shareholder lawsuits have so far been filed against Google’s executives and board members, alleging they damaged the company by not taking earlier action against the illegal pharmacy ads.

Google has other potential legal exposure. Record companies and movie studios say Google willfully profits from illegal Internet piracy—an issue raised last week, when Congress dropped antipiracy legislation after opposition from Internet companies, including Google.

So you understand why Ms. Wojcicki and her brother in law would be very interested in diverting attention away from the many ways Google profits from piracy and other bad acts?   As Santa Clara Law School Professor Eric Goldman told the New York Times, “’How much of Google’s overall revenues are tied to product lines that are questionable?’ he said. ‘For investors, I think they just got a little bit of a jolt [after Google reserved $500,000,000 to pay its forfeiture in the drugs case] that maybe Google’s profits are due to things they can’t ultimately stand behind.’”  (Emphasis mine.)

If Google’s complicity in the drugs case went all the way to Larry Page as Mr. Neronha has stated, you have to wonder if Ms. Wojcicki herself—a senior Google advertising executive–was on those whistleblower tapes.  There’s currently a valiant shareholder lawsuit by a pension fund being heard in Delaware where these outsiders are trying to find out what Google’s insider team is up to–and remember that the insiders shares get 10 votes per share to the outsiders one vote per share–so the only way the outsiders can have a say in the corporation’s governance is to sue Google because the insiders can simply ignore the outsiders.

Exhibit A?  Google’s drug prosecution.  Google’s drug problem resulted in one of the largest forfeitures in US history–$500,000,000 of the stockholders’ money paid in a curious deal to keep executives from being indicted.  And for which Google is currently being sued by its stockholders in six separate cases.

So naturally, Ms. Wojcicki is motivated to divert attention away from Google’s addiction to piracy.

And…

Ms. Wojcicki says that when Google sees content online they don’t know who owns the copyright.  Just like they didn’t know the drugs were illegal?

And the decision—the decision that a human makes—when they see a red flag is to let the drugs be sold or the copyright be duplicated, or the mail order brides to be sold.  Or provide a link to someone who is allowing it to be happen because it profits Google to so do.

Just like the drugs case, it is hard to believe that piracy on a global scale all happens without any human interaction by Google employees.

But this just doesn’t ring true.  Google has acknowledged receiving five million DMCA notices last year alone, and over three million the year before that.   Don’t you think that if someone tells you five million times a year that you are doing something wrong there might be some truth to it?

Imagine if a CD or DVD duplicator decided—decided—not to inquire as to whether someone who wanted to use their services had the right to do so.  They would certainly make a lot more money for a while.  But they would be headed straight to jail in the long run.  This is why duplicators require considerable proof before they allow their facilities to be used to create copies of what are obviously works of copyright.

So all Mr. Emanuel is asking is that Google do the right thing.  Show that they are a reliable business partner, show that they can be trusted with content.

According to Ms. Wojcicki, we are a long, long way from anyone at Google doing the right thing.  Because nothing says freedom like getting away with it.

So let’s all remember that.

[ 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 ]

Trichordist Inaugural Nyan Cat Award- Mitch Stoltz of Electronic Frontier Foundation

Trichordist’s Inaugural Nyan Cat Award For Web Based Idiocy.

This weeks winner is Mitch Stoltz a staff attorney at the Electronic Frontier Foundation.   I caught him rudely and incorrectly lecturing someone on facebook.

Mitch Stoltz … Prove that the Pirate Bay is actually harming artists in any significant way, and that more copyright law will remedy that harm, and that new law will work better than market-based solutions like offering more lawful entertainment that’s easy to buy and use at reasonable prices. Then we’ll talk.

First Mitch Stoltz  you are a lawyer and you should know better.  The Pirate Bay and their ilk are  using artists copyrights without permission. You should know that in itself is a violation of the law and by definition is a “harm”. Taking away the artists right to chose how, where and when to exploit their own copyrights is “harm”.  The artist doesn’t have to show some other sort of “harm”.  Are you saying that any for-profit website should just be able to use an artist’s song however they want without compensation or permission until the artist  shows something like economic harm?  Where did you get your law degree?

Okay let me give you the benefit of the doubt.  Maybe what you actually meant was  “economic harm”.  Prove piracy economically harms artists? You are joking right?  It’s been proven time and time again.  There are 14 academic peer reviewed studies that conclude  piracy has a negative effect on revenue.  There is a very recent peer reviewed academic  meta-study by Stan Liebowitz (2011) which reviews the data from virtually all the academic studies and comes to the same conclusion.  I will gladly have copies sent to your offices if you can’t find them on the web.  But may I humbly suggest you venture outside the anti-copyright echo chamber every once in a while and you might learn something.

Regarding your implication that un-authorized exploitation  is the result of no one “offering more lawful entertainment that is easy to buy at reasonable prices?”   Have you never heard of iTunes?  Amazon? MOG?, Pandora?, Rhapsody?, Spotify? Netflix? Hulu?  How can you argue this  with a straight face?  Unauthorized file sharing exists because people get music for free and file-sharing sites make money from advertising or “premium” accounts.  Not because they are offering a better service.   This is a phony argument.  You know it.  I know it.  We all know it.  Be a decent human being and stop using it.

And please don’t throw around the term “market solutions”  unless you are prepared to honestly analyze the entire unauthorized use industry in the same light.  Unauthorized use takes away the right of artists to participate in the free market by forcing them to compete with free versions of their own products.  Refusing to enforce existing copyright  law and allowing rampant unauthorized  use amounts to mass collectivization.  A sort of digital maoism and that, my friend is the opposite of “free markets”.

Further the for-profit-unauthorized-use industry is what inhibits the formation of additional legal media sites. Not the other way around. Basic common sense should tell you this.  Why would people buy cars legally if they could get stolen ones for free with no threat of social or legal punishment?  Who’s gonna open a new car dealership?  This is the same nasty quirk of human nature that makes normal law abiding citizens loot.   Arguing that nothing is to be done in this situation is an unethical and immoral choice that YOU are consciously making.

What people like you refuse to understand: How are individual independent artists supposed to take on the entire for-profit un-authorized use industry?  99 percent of the people harmed by file sharing are the independent artists, the audio engineers, the roadies,  the independent recording studios, the independent and specialty labels, the independent record stores, the independent publicists, the bus drivers etc etc.  The vast majority of people harmed by unauthorized exploitation of artists rights are not rich and powerful. Unlike the EFF they do not have washington lobbyists to argue their case or employ staff lawyers to troll the internet arguing for their rights. The working class of the music business do not have foundations that receive large corporate donations to help them fight for their rights. The 99% are the 99%!  The basic point of the law and civilization is to protect the weak from the corrupt and powerful. When you were an idealistic young law student could you ever imagine that one day you would be arguing against the weak and powerless and for the corrupt and powerful?    How do you sleep at night?

I know what you are gonna argue next.  May I?

You agree with me on artists rights but inhibiting access to websites that  enable unauthorized file sharing, human trafficking, underage prostitution, counterfeit drugmaking and  child pornography will require “breaking the internet”.   In addition you will argue that there is something deep in the architecture of the web that will not allow any filtering of the web that won’t also be a danger to free speech.   I’ve got that right? Right?

This is absolute bullshit.  And I should know.  I was pushing and “acking” packets back when there was only TCP  without the IP.  If you don’t know what I’m talking about you can’t possibly know anything about the architecture of the internet.  There is nothing in the architecture of the internet that makes policing and free speech incompatible.  Anyone that that says otherwise does not know what they are talking about or they are willfully misleading the public under color of technological authority. 

To those that are not technologically savvy,  this is like saying that you can’t have any sort of traffic laws on the US Interstate Highway System because it will inhibit our freedom.

What the glassy eyed internet “freedom” types do not understand is that it’s not “the pipes’ of the internet that give us free speech.  It’s our democratically empowered institutions that give us free speech.   Plenty of dictatorships have “free” pipes.  What good is a “free” internet if the secret police come to your house and murder you for speaking out?  or Anonymous takes down your website for saying something they dislike?  According to your own organization Mexico has one of the most open and free internets on the planet.  Yet bloggers in the northern states routinely self censor so the criminal cartels won’t murder them.

Remember we had freedom before there was an internet.

Final question: Is it really the Electronic Frontier Foundations position that The Pirate Bay and other artist exploitation sites do not harm artists?  Cause I’d love to debate you on that.  We can do it at the University of Georgia next fall. I’ll see if I can get the Law School to sponsor it.   You game?  I’ll give you the Nyan Cat Award at the same time.

 

[ 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:

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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 ]