Tag Archive for 'DRM'

Album Sales: A Realistic Perspective

In getting a picture of what’s next for the music business, let’s take a moment to look at reality right now. There are a few reports from mid-2007 that CD sales are way down (15% from the first half of last year), while digital sales are up over 48% (If you find any more recent industry sales reports, I invite you to post them as a comment to this post).

CD sales are dropping, set to be a small fraction of overall sales – and sooner, rather than later. A recent survey of high school students showed that there is a downward trend in music downloading in that age group. This is the next generation of music buyers. Perhaps their actions are pointing to something.

The Freakonomics blog posted an editorial recently with analysis of the record industry by five people who ought to know. Koleman Strumpf, an economics professor at the University of Kansas, had this to say:

“If file sharing hurts record sales, then albums that are more heavily downloaded should experience lower sales than comparable albums that are less downloaded. But, after controlling for the role of popularity, we found that downloads had little effect on album sales.” He wrote a whole paper on the subject, if you want to find out more.

In other words, file sharing is not the source of the drop in album sales. A powerful insight like this is the last word on file sharing for me (although not for the RIAA).

Audioholics.com posted a great editorial on whether CDs are approaching the event horizon of obsolescence. They include a buffet of statistics showing that while physical sales are slumping, digital sales are growing with velocity.

As the digital music market overtakes physical sales, CDs will become less available (relegated to major chain stores like Wal-Mart). We can see this shift with the demise of? Tower Records. When people can get all the music they want without going to overpriced record stores, they will. This trend has yet to infect mom and pop record stores, like Orlando’s own Park Avenue CDs, and since most of these stores are seen as boutiques rather than purveyors of the lastest industry tripe, most of them will likely survive (don’t forget that most small record shops deal with smaller and indie labels, and used CDs and vinyl).

People are still buying tons of music, and if digital music sales are any indication, music will continue to be a commodity. Although most commentary is still focused on what major labels can do to revive sales, the real issue is becoming what can artists do to empower themselves in this new realm.

People are exposed to a larger variety of sounds than ever before. Demand for music has skyrocketed, while profits are shrinking. The idea that music has lost much of its monetary value in the current market is a two fold effect: the novelty of file sharing and mega hard drives, and the price difference between a digital single or download and a CD.

We live in an era of convenience, and audiences consistently choose the format which is most user friendly (think audio tapes in the 80′s). The shift toward digital libraries has been predicted for years, and even with DRM, digital is already the industry standard. I’m still surprised that such a well-known and predicted phenomenon can cause such panic among executives. It’s almost as if upper management in the record industry has been ignoring the experts.

The quality of the music is a major factor in sales when people have access to massive catalogs, too. Hip Hop is a great example of this trend. Collapsing under the weight of violence and misogyny, some hip hop artist still enjoy huge mainstream and underground success. And the cause of this slump seems to be the choices made my industry executives over the last ten years.

The reality is this: The fate of major record labels has nothing to do with whether or not musicians will be able to create fulfilling careers, absolutely nothing. With unlimited access, people aren’t compelled to buy any album unless they absolutely want it.

And in case you wanted to know the secret to success in the music business in any climate:
Make Great Music!

Peter Jenner is Our New Hero!

Spotted on: The Register

This is an absolute amazing interview with Peter Jenner. Peter is a world famous rock promoter and manager, who helped guide the careers of Pink Floyd, Billy Bragg, and a bunch of other awesome acts.

This interview is Peter’s take on what the future of the music industry looks like, and to him, it looks like a community.

He also goes into great detail about how royalties are dispersed. Basically, there’s a bunch of money paid to collection societies for licenses and performaces of music. Groups like ASCAP and BMI collect the money for their members, and then pay out the money quarterly.

So what happens to all the money that isn’t paid when artists can’t be found, or it’s unclear who the money goes to? Peter tells us about black boxes, or a big bucket where all that money sits. Now, in the real world, this has worked out fairly well for almost everyone. Plenty of artists are able to receive small check of less than dollar for what they’re owed. No one in the industry will admit these black boxes exist. Now that digital licensing is moving toward a post DRM (we hope) phase, the conversation is shifting toward how the money will be collected, and distributed.

The major news mongers report that major labels want to set up a structure for collection and disbursement of royalties through them, because they own so many copyrights. Where will that leave the independent musician, who has no right to audit a major label they’re not on?

Peter is an absolute genius, and if you haven’t seen his interview yet, check it out. His insights are profound, and he clearly knows what he’s talking about. My favorite insight form his article is his observation that unbundling albums online (selling singles) has ahd mroe of an impact on the death of record sales than any other factor. His thoughts on how major labels have “raped their own business model” are absolute genius.

So if you haven’t read it yet, check it out.

Interview with “RIAA vs The People” founder Ray Beckerman

Peter Brown of the Free Software Foundation speaks with Ray Beckerman, lawyer for defendants in RIAA lawsuits about the impact of the RIAA’s legal strategy on the internet, copyright, DRM and our digital freedoms. He leads the discussion with the reason why only small law firms, or individual lawyers will ever take up the cause of those being sued by the RIAA.
He also dissects a typical RIAA “investigation” that form the basis of their suit against their customers. In essense the RIAA creates an account with a p2p network, finds users with RIAA tunes in their shared folder, and files the report. However, and this is the kicker, there is no proof of wrongdoing. That is, there is no proof that the user did not obtain the song through legal means (purchasing them, or making a back-up copy from a CD they legally own), nor is there proof that other users have ever downloaded the song. In other words, most of the RIAA lawsuits brought against consumers are mere ploys to extort money.
Many users have settled out of court. The few that fight it get into long drawn out court cases where every dirty trick in the book is used by the RIAA Legal Team to make it prohibitively expensive for the defendant to continue fighting the case. Lawyers, such as Ray Beckerman, are working pro bono or for significantly reduced rates on the behalf of the few brave souls willing to stand up and challenge the RIAA. Especially since many of the defendants have never used p2p software before, and until their subpoena arrived in the mail had never even heard of Kazzaa and the like.
If you want to help, you can donate money to the Free Software Foundation.
Keep up with Ray and his fight against the RIAA at his blog: RIAA vs. The People.
Download The MP3 recording of the call
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originally published on dr.xnlb.com

Yahoo! Toys with Selling MP3s

Yahoo!, who owns and operates Yahoo! Music – a digital distribution store built with Microsofts ‘Plays For Sure’ DRM technology, is toying with the idea of selling unprotected, DRM-Free MP3s. In a recent survey, they asked participants the following question:

“Would you consider paying $1.09 for a single, unrestricted MP3 download that would have absolutely no limitations on its use and could be transferred to any portable audio player or computer?”

Don’t get hung up on the price. To me that’s irrelevant. The fact that not only a major content distributor would consider MP3, but is willing to face down Apple and the Big 4 Labels is a major step forward. Though you could liken it to DRM poisoning the water supply and suppliers are now going to sell ‘clean’ water on the side, I consider this to be a bold move on their part, and since Polyvibe Records distributes music with them as part of a larger digital distribution deal, I am awaiting their next announcement concerning this with much anxiousness.

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Frequently Awkward Questions for the Entertainment Industry

Music

  1. The RIAA has sued more than 20,000 music fans for file sharing, yet file sharing continues to rapidly increase both online and offline.? When will you stop suing music fans?
  2. The RIAA has sued over 20,000 music fans for file sharing, who have on average paid a $3,750 settlement.? That’s over $75,000,000.? Has any money collected from your lawsuits gone to pay actual artists? Where’s all that money going?
  3. The RIAA has sued over 20,000 music fans for file sharing.? Recently, an RIAA representative reportedly suggested that “students drop out of college or go to community college in order to be able to afford [P2P lawsuit] settlements.” Do you stand by this advice? Is this really good advice for our children’s futures?
  4. The RIAA said that it only went after individual file sharers because you couldn’t go after P2P system creators. After the Supreme Court’s Grokster decision, shouldn’t you stop going after music fans?
  5. Major entertainment companies have repeatedly brought lawsuits to block new technologies, including the VCR, Digital Audio Tape recorders, the first MP3 player, the ReplayTV PVR, and now P2P software. Why is your industry so hostile to new technologies?
  6. DRM has clearly failed to stop songs from getting on file sharing networks, but it does prevent me from moving lawfully purchased music onto my iPod and other portable devices.? Unlike the major record labels, many popular indie labels offer mp3 downloads through sites like eMusic.? Why won’t you let fans purchase mp3s as well?
  7. The RIAA says that it doesn’t mind if I rip CDs to my personal computer and put them on my iPod.? Do I need your permission to do this or can I legally do it even if you object?
  8. Recording off the radio is clearly permitted by copyright law and something Americans have done for over 25 years, but the RIAA supports legislation restricting devices that record from digital radio. Why are you against TiVo for radio?
  9. Sony BMG recently implemented a DRM technology that damaged users’ computers.? But for independent researchers’ analyses, this serious flaw may have gone undiscovered. After this scandal, will record labels allow any computer scientist or security expert to examine these products and agree not to sue them under the DMCA?

Video

  1. The major movie studios have been enjoying some of their most profitable years in history over the past five years. Can you cite to any specific studies that prove noncommercial file sharing among fans, as opposed to commercial DVD piracy, has hurt the studios’ bottom line in any significant way?
  2. Is it legal for me to bypass CSS DVD encryption in order to skip the “unskippable” previews at the beginning of so many DVDs? Why should I have to be forced to watch these ads when I already bought the DVD?
  3. Is it legal for me to skip the commercials when I play back time-shifted TV recordings on my TiVo or other PVR? How is this different than getting up and going to the bathroom?
  4. Why are there region-code restrictions on DVDs? How does this prevent copyright infringement? Is it illegal for me to buy or and use a region-free DVD player, or to modify a DVD player to be region-free?
  5. In several lawsuits, the MPAA has repeatedly said that it’s illegal to make a back-up of a DVD that I purchased.? Why is this illegal?
  6. Is it ever legal for me to use software like DVD Shrink or Handbrake to rip a digital copy of a DVD I own onto a video iPod or my laptop? What if I want clips to use for a class report? Or if a teacher wants to include a clip in a PowerPoint slide?
  7. Is there anything illegal about copying TV shows I’ve recorded off the air onto my video iPod?
  8. If the MPAA-backed “broadcast flag” bill passes, I won’t be able to move recorded TV content digitally to my current video iPod.? Why should TV studios get to take away my ability to lawfully time- and space-shift?
  9. Major entertainment companies have repeatedly brought lawsuits to block new technologies, including the VCR, Digital Audio Tape recorders, the first MP3 player, the ReplayTV PVR, and now P2P software. Why is your industry so hostile to new technologies?
  10. Hollywood is pushing legislation to “plug the analog hole.” These restrictions won’t keep copyrighted video off of file sharing networks, but they will block me from excerpting a recorded TV show for a school report or using tools like the Slingbox to send recorded TV shows to myself over the Internet.? Why are you trying to restrict these legitimae uses?

Questions posed by the Electronic Frontier Foundation. Reprinted with permission. Spotted on Boing Boing and Digg.




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